Rep. William Davis

Filed: 8/16/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1947

2    AMENDMENT NO. ______. Amend Senate Bill 1947 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, until
16such time as all economic development projects costs have been
17paid as provided for in this Section.
18    When the economic development project costs, including
19without limitation all municipal obligations financing
20economic development project costs incurred under this Act,
21have been paid, all surplus funds then remaining in the special
22tax allocation fund shall be distributed by being paid by the
23municipal treasurer to the county collector, who shall
24immediately thereafter pay those funds to the taxing districts
25having taxable property in the economic development project
26area in the same manner and proportion as the most recent

 

 

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1distribution by the county collector to those taxing districts
2of real property taxes from real property in the economic
3development project area.
4    Upon the payment of all economic development project costs,
5retirement of obligations and the distribution of any excess
6monies pursuant to this Section the municipality shall adopt an
7ordinance dissolving the special tax allocation fund for the
8economic development project area, terminating the economic
9development project area, and terminating the use of tax
10increment allocation financing for the economic development
11project area. Thereafter the rates of the taxing districts
12shall be extended and taxes levied, collected and distributed
13in the manner applicable in the absence of the adoption of tax
14increment allocation financing.
15    Nothing in this Section shall be construed as relieving
16property in economic development project areas from being
17assessed as provided in the Property Tax Code, or as relieving
18owners of that property from paying a uniform rate of taxes, as
19required by Section 4 of Article IX of the Illinois
20Constitution.
21(Source: P.A. 98-463, eff. 8-16-13.)
 
22    Section 10. The State Finance Act is amended by changing
23Section 13.2 as follows:
 
24    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)

 

 

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1    Sec. 13.2. Transfers among line item appropriations.
2    (a) Transfers among line item appropriations from the same
3treasury fund for the objects specified in this Section may be
4made in the manner provided in this Section when the balance
5remaining in one or more such line item appropriations is
6insufficient for the purpose for which the appropriation was
7made.
8    (a-1) No transfers may be made from one agency to another
9agency, nor may transfers be made from one institution of
10higher education to another institution of higher education
11except as provided by subsection (a-4).
12    (a-2) Except as otherwise provided in this Section,
13transfers may be made only among the objects of expenditure
14enumerated in this Section, except that no funds may be
15transferred from any appropriation for personal services, from
16any appropriation for State contributions to the State
17Employees' Retirement System, from any separate appropriation
18for employee retirement contributions paid by the employer, nor
19from any appropriation for State contribution for employee
20group insurance. During State fiscal year 2005, an agency may
21transfer amounts among its appropriations within the same
22treasury fund for personal services, employee retirement
23contributions paid by employer, and State Contributions to
24retirement systems; notwithstanding and in addition to the
25transfers authorized in subsection (c) of this Section, the
26fiscal year 2005 transfers authorized in this sentence may be

 

 

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1made in an amount not to exceed 2% of the aggregate amount
2appropriated to an agency within the same treasury fund. During
3State fiscal year 2007, the Departments of Children and Family
4Services, Corrections, Human Services, and Juvenile Justice
5may transfer amounts among their respective appropriations
6within the same treasury fund for personal services, employee
7retirement contributions paid by employer, and State
8contributions to retirement systems. During State fiscal year
92010, the Department of Transportation may transfer amounts
10among their respective appropriations within the same treasury
11fund for personal services, employee retirement contributions
12paid by employer, and State contributions to retirement
13systems. During State fiscal years 2010 and 2014 only, an
14agency may transfer amounts among its respective
15appropriations within the same treasury fund for personal
16services, employee retirement contributions paid by employer,
17and State contributions to retirement systems.
18Notwithstanding, and in addition to, the transfers authorized
19in subsection (c) of this Section, these transfers may be made
20in an amount not to exceed 2% of the aggregate amount
21appropriated to an agency within the same treasury fund.
22    (a-2.5) During State fiscal year 2015 only, the State's
23Attorneys Appellate Prosecutor may transfer amounts among its
24respective appropriations contained in operational line items
25within the same treasury fund. Notwithstanding, and in addition
26to, the transfers authorized in subsection (c) of this Section,

 

 

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

 

 

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

 

 

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1Guardianship Services.
2    The Department on Aging is authorized to make transfers not
3exceeding 2% of the aggregate amount appropriated to it within
4the same treasury fund for the following Community Care Program
5line items among these same line items: purchase of services
6covered by the Community Care Program and Comprehensive Case
7Coordination.
8    The State Treasurer is authorized to make transfers among
9line item appropriations from the Capital Litigation Trust
10Fund, with respect to costs incurred in fiscal years 2002 and
112003 only, when the balance remaining in one or more such line
12item appropriations is insufficient for the purpose for which
13the appropriation was made, provided that no such transfer may
14be made unless the amount transferred is no longer required for
15the purpose for which that appropriation was made.
16    The State Board of Education is authorized to make
17transfers from line item appropriations within the same
18treasury fund for General State Aid, and General State Aid -
19Hold Harmless, Evidence-Based Funding, provided that no such
20transfer may be made unless the amount transferred is no longer
21required for the purpose for which that appropriation was made,
22to the line item appropriation for Transitional Assistance when
23the balance remaining in such line item appropriation is
24insufficient for the purpose for which the appropriation was
25made.
26    The State Board of Education is authorized to make

 

 

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1transfers between the following line item appropriations
2within the same treasury fund: Disabled Student
3Services/Materials (Section 14-13.01 of the School Code),
4Disabled Student Transportation Reimbursement (Section
514-13.01 of the School Code), Disabled Student Tuition -
6Private Tuition (Section 14-7.02 of the School Code),
7Extraordinary Special Education (Section 14-7.02b of the
8School Code), Reimbursement for Free Lunch/Breakfast Program,
9Summer School Payments (Section 18-4.3 of the School Code), and
10Transportation - Regular/Vocational Reimbursement (Section
1129-5 of the School Code). Such transfers shall be made only
12when the balance remaining in one or more such line item
13appropriations is insufficient for the purpose for which the
14appropriation was made and provided that no such transfer may
15be made unless the amount transferred is no longer required for
16the purpose for which that appropriation was made.
17    The Department of Healthcare and Family Services is
18authorized to make transfers not exceeding 4% of the aggregate
19amount appropriated to it, within the same treasury fund, among
20the various line items appropriated for Medical Assistance.
21    (c) The sum of such transfers for an agency in a fiscal
22year shall not exceed 2% of the aggregate amount appropriated
23to it within the same treasury fund for the following objects:
24Personal Services; Extra Help; Student and Inmate
25Compensation; State Contributions to Retirement Systems; State
26Contributions to Social Security; State Contribution for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1General Revenue Fund and the Education Assistance Fund for the
2following programs:
3        (1) Disabled Student Personnel Reimbursement (Section
4    14-13.01 of the School Code);
5        (2) Disabled Student Transportation Reimbursement
6    (subsection (b) of Section 14-13.01 of the School Code);
7        (3) Disabled Student Tuition - Private Tuition
8    (Section 14-7.02 of the School Code);
9        (4) Extraordinary Special Education (Section 14-7.02b
10    of the School Code);
11        (5) Reimbursement for Free Lunch/Breakfast Programs;
12        (6) Summer School Payments (Section 18-4.3 of the
13    School Code);
14        (7) Transportation - Regular/Vocational Reimbursement
15    (Section 29-5 of the School Code);
16        (8) Regular Education Reimbursement (Section 18-3 of
17    the School Code); and
18        (9) Special Education Reimbursement (Section 14-7.03
19    of the School Code).
20(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,
21eff. 3-26-15.)
 
22    Section 15. The Property Tax Code is amended by changing
23Sections 18-200 and 18-249 as follows:
 
24    (35 ILCS 200/18-200)

 

 

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1    Sec. 18-200. School Code. A school district's State aid
2shall not be reduced under the computation under subsections
35(a) through 5(h) of Part A of Section 18-8 of the School Code
4or under Section 18-8.15 of the School Code due to the
5operating tax rate falling from above the minimum requirement
6of that Section of the School Code to below the minimum
7requirement of that Section of the School Code due to the
8operation of this Law.
9(Source: P.A. 87-17; 88-455.)
 
10    (35 ILCS 200/18-249)
11    Sec. 18-249. Miscellaneous provisions.
12    (a) Certification of new property. For the 1994 levy year,
13the chief county assessment officer shall certify to the county
14clerk, after all changes by the board of review or board of
15appeals, as the case may be, the assessed value of new property
16by taxing district for the 1994 levy year under rules
17promulgated by the Department.
18    (b) School Code. A school district's State aid shall not be
19reduced under the computation under subsections 5(a) through
205(h) of Part A of Section 18-8 of the School Code or under
21Section 18-8.15 of the School Code due to the operating tax
22rate falling from above the minimum requirement of that Section
23of the School Code to below the minimum requirement of that
24Section of the School Code due to the operation of this Law.
25    (c) Rules. The Department shall make and promulgate

 

 

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1reasonable rules relating to the administration of the purposes
2and provisions of Sections 18-246 through 18-249 as may be
3necessary or appropriate.
4(Source: P.A. 89-1, eff. 2-12-95.)
 
5    Section 17. The Illinois Pension Code is amended by
6changing Sections 16-158 and 17-127 as follows:
 
7    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
8    (Text of Section WITHOUT the changes made by P.A. 98-599,
9which has been held unconstitutional)
10    Sec. 16-158. Contributions by State and other employing
11units.
12    (a) The State shall make contributions to the System by
13means of appropriations from the Common School Fund and other
14State funds of amounts which, together with other employer
15contributions, employee contributions, investment income, and
16other income, will be sufficient to meet the cost of
17maintaining and administering the System on a 90% funded basis
18in accordance with actuarial recommendations.
19    The Board shall determine the amount of State contributions
20required for each fiscal year on the basis of the actuarial
21tables and other assumptions adopted by the Board and the
22recommendations of the actuary, using the formula in subsection
23(b-3).
24    (a-1) Annually, on or before November 15 until November 15,

 

 

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12011, the Board shall certify to the Governor the amount of the
2required State contribution for the coming fiscal year. The
3certification under this subsection (a-1) shall include a copy
4of the actuarial recommendations upon which it is based and
5shall specifically identify the System's projected State
6normal cost for that fiscal year.
7    On or before May 1, 2004, the Board shall recalculate and
8recertify to the Governor the amount of the required State
9contribution to the System for State fiscal year 2005, taking
10into account the amounts appropriated to and received by the
11System under subsection (d) of Section 7.2 of the General
12Obligation Bond Act.
13    On or before July 1, 2005, the Board shall recalculate and
14recertify to the Governor the amount of the required State
15contribution to the System for State fiscal year 2006, taking
16into account the changes in required State contributions made
17by this amendatory Act of the 94th General Assembly.
18    On or before April 1, 2011, the Board shall recalculate and
19recertify to the Governor the amount of the required State
20contribution to the System for State fiscal year 2011, applying
21the changes made by Public Act 96-889 to the System's assets
22and liabilities as of June 30, 2009 as though Public Act 96-889
23was approved on that date.
24    (a-5) On or before November 1 of each year, beginning
25November 1, 2012, the Board shall submit to the State Actuary,
26the Governor, and the General Assembly a proposed certification

 

 

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

 

 

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193rd General Assembly through June 30, 2004, the Board shall
2not submit vouchers for the remainder of fiscal year 2004 in
3excess of the fiscal year 2004 certified contribution amount
4determined under this Section after taking into consideration
5the transfer to the System under subsection (a) of Section
66z-61 of the State Finance Act. These vouchers shall be paid by
7the State Comptroller and Treasurer by warrants drawn on the
8funds appropriated to the System for that fiscal year.
9    If in any month the amount remaining unexpended from all
10other appropriations to the System for the applicable fiscal
11year (including the appropriations to the System under Section
128.12 of the State Finance Act and Section 1 of the State
13Pension Funds Continuing Appropriation Act) is less than the
14amount lawfully vouchered under this subsection, the
15difference shall be paid from the Common School Fund under the
16continuing appropriation authority provided in Section 1.1 of
17the State Pension Funds Continuing Appropriation Act.
18    (b-2) Allocations from the Common School Fund apportioned
19to school districts not coming under this System shall not be
20diminished or affected by the provisions of this Article.
21    (b-3) For State fiscal years 2012 through 2045, the minimum
22contribution to the System to be made by the State for each
23fiscal year shall be an amount determined by the System to be
24sufficient to bring the total assets of the System up to 90% of
25the total actuarial liabilities of the System by the end of
26State fiscal year 2045. In making these determinations, the

 

 

10000SB1947ham004- 21 -LRB100 09675 MLM 28408 a

1required State contribution shall be calculated each year as a
2level percentage of payroll over the years remaining to and
3including fiscal year 2045 and shall be determined under the
4projected unit credit actuarial cost method.
5    For State fiscal years 1996 through 2005, the State
6contribution to the System, as a percentage of the applicable
7employee payroll, shall be increased in equal annual increments
8so that by State fiscal year 2011, the State is contributing at
9the rate required under this Section; except that in the
10following specified State fiscal years, the State contribution
11to the System shall not be less than the following indicated
12percentages of the applicable employee payroll, even if the
13indicated percentage will produce a State contribution in
14excess of the amount otherwise required under this subsection
15and subsection (a), and notwithstanding any contrary
16certification made under subsection (a-1) before the effective
17date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
18in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
192003; and 13.56% in FY 2004.
20    Notwithstanding any other provision of this Article, the
21total required State contribution for State fiscal year 2006 is
22$534,627,700.
23    Notwithstanding any other provision of this Article, the
24total required State contribution for State fiscal year 2007 is
25$738,014,500.
26    For each of State fiscal years 2008 through 2009, the State

 

 

10000SB1947ham004- 22 -LRB100 09675 MLM 28408 a

1contribution to the System, as a percentage of the applicable
2employee payroll, shall be increased in equal annual increments
3from the required State contribution for State fiscal year
42007, so that by State fiscal year 2011, the State is
5contributing at the rate otherwise required under this Section.
6    Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2010 is
8$2,089,268,000 and shall be made from the proceeds of bonds
9sold in fiscal year 2010 pursuant to Section 7.2 of the General
10Obligation Bond Act, less (i) the pro rata share of bond sale
11expenses determined by the System's share of total bond
12proceeds, (ii) any amounts received from the Common School Fund
13in fiscal year 2010, and (iii) any reduction in bond proceeds
14due to the issuance of discounted bonds, if applicable.
15    Notwithstanding any other provision of this Article, the
16total required State contribution for State fiscal year 2011 is
17the amount recertified by the System on or before April 1, 2011
18pursuant to subsection (a-1) of this Section and shall be made
19from the proceeds of bonds sold in fiscal year 2011 pursuant to
20Section 7.2 of the General Obligation Bond Act, less (i) the
21pro rata share of bond sale expenses determined by the System's
22share of total bond proceeds, (ii) any amounts received from
23the Common School Fund in fiscal year 2011, and (iii) any
24reduction in bond proceeds due to the issuance of discounted
25bonds, if applicable. This amount shall include, in addition to
26the amount certified by the System, an amount necessary to meet

 

 

10000SB1947ham004- 23 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 24 -LRB100 09675 MLM 28408 a

1Section for that fiscal year if the System had not received any
2payments under subsection (d) of Section 7.2 of the General
3Obligation Bond Act, minus (ii) the portion of the State's
4total debt service payments for that fiscal year on the bonds
5issued in fiscal year 2003 for the purposes of that Section
67.2, as determined and certified by the Comptroller, that is
7the same as the System's portion of the total moneys
8distributed under subsection (d) of Section 7.2 of the General
9Obligation Bond Act. In determining this maximum for State
10fiscal years 2008 through 2010, however, the amount referred to
11in item (i) shall be increased, as a percentage of the
12applicable employee payroll, in equal increments calculated
13from the sum of the required State contribution for State
14fiscal year 2007 plus the applicable portion of the State's
15total debt service payments for fiscal year 2007 on the bonds
16issued in fiscal year 2003 for the purposes of Section 7.2 of
17the General Obligation Bond Act, so that, by State fiscal year
182011, the State is contributing at the rate otherwise required
19under this Section.
20    (c) Payment of the required State contributions and of all
21pensions, retirement annuities, death benefits, refunds, and
22other benefits granted under or assumed by this System, and all
23expenses in connection with the administration and operation
24thereof, are obligations of the State.
25    If members are paid from special trust or federal funds
26which are administered by the employing unit, whether school

 

 

10000SB1947ham004- 25 -LRB100 09675 MLM 28408 a

1district or other unit, the employing unit shall pay to the
2System from such funds the full accruing retirement costs based
3upon that service, which, beginning July 1, 2018 2014, shall be
4at a rate, expressed as a percentage of salary, equal to the
5total employer's minimum contribution to the System to be made
6by the State for that fiscal year, including both normal cost
7and unfunded liability components, expressed as a percentage of
8payroll, as determined by the System under subsection (b-3) of
9this Section. Employer contributions, based on salary paid to
10members from federal funds, may be forwarded by the
11distributing agency of the State of Illinois to the System
12prior to allocation, in an amount determined in accordance with
13guidelines established by such agency and the System. Any
14contribution for fiscal year 2015 collected as a result of the
15change made by this amendatory Act of the 98th General Assembly
16shall be considered a State contribution under subsection (b-3)
17of this Section.
18    (d) Effective July 1, 1986, any employer of a teacher as
19defined in paragraph (8) of Section 16-106 shall pay the
20employer's normal cost of benefits based upon the teacher's
21service, in addition to employee contributions, as determined
22by the System. Such employer contributions shall be forwarded
23monthly in accordance with guidelines established by the
24System.
25    However, with respect to benefits granted under Section
2616-133.4 or 16-133.5 to a teacher as defined in paragraph (8)

 

 

10000SB1947ham004- 26 -LRB100 09675 MLM 28408 a

1of Section 16-106, the employer's contribution shall be 12%
2(rather than 20%) of the member's highest annual salary rate
3for each year of creditable service granted, and the employer
4shall also pay the required employee contribution on behalf of
5the teacher. For the purposes of Sections 16-133.4 and
616-133.5, a teacher as defined in paragraph (8) of Section
716-106 who is serving in that capacity while on leave of
8absence from another employer under this Article shall not be
9considered an employee of the employer from which the teacher
10is on leave.
11    (e) Beginning July 1, 1998, every employer of a teacher
12shall pay to the System an employer contribution computed as
13follows:
14        (1) Beginning July 1, 1998 through June 30, 1999, the
15    employer contribution shall be equal to 0.3% of each
16    teacher's salary.
17        (2) Beginning July 1, 1999 and thereafter, the employer
18    contribution shall be equal to 0.58% of each teacher's
19    salary.
20The school district or other employing unit may pay these
21employer contributions out of any source of funding available
22for that purpose and shall forward the contributions to the
23System on the schedule established for the payment of member
24contributions.
25    These employer contributions are intended to offset a
26portion of the cost to the System of the increases in

 

 

10000SB1947ham004- 27 -LRB100 09675 MLM 28408 a

1retirement benefits resulting from this amendatory Act of 1998.
2    Each employer of teachers is entitled to a credit against
3the contributions required under this subsection (e) with
4respect to salaries paid to teachers for the period January 1,
52002 through June 30, 2003, equal to the amount paid by that
6employer under subsection (a-5) of Section 6.6 of the State
7Employees Group Insurance Act of 1971 with respect to salaries
8paid to teachers for that period.
9    The additional 1% employee contribution required under
10Section 16-152 by this amendatory Act of 1998 is the
11responsibility of the teacher and not the teacher's employer,
12unless the employer agrees, through collective bargaining or
13otherwise, to make the contribution on behalf of the teacher.
14    If an employer is required by a contract in effect on May
151, 1998 between the employer and an employee organization to
16pay, on behalf of all its full-time employees covered by this
17Article, all mandatory employee contributions required under
18this Article, then the employer shall be excused from paying
19the employer contribution required under this subsection (e)
20for the balance of the term of that contract. The employer and
21the employee organization shall jointly certify to the System
22the existence of the contractual requirement, in such form as
23the System may prescribe. This exclusion shall cease upon the
24termination, extension, or renewal of the contract at any time
25after May 1, 1998.
26    (f) If the amount of a teacher's salary for any school year

 

 

10000SB1947ham004- 28 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 29 -LRB100 09675 MLM 28408 a

1shall specify the calculations used to determine the amount
2due. If the employer disputes the amount of the bill, it may,
3within 30 days after receipt of the bill, apply to the System
4in writing for a recalculation. The application must specify in
5detail the grounds of the dispute and, if the employer asserts
6that the calculation is subject to subsection (g) or (h) of
7this Section, must include an affidavit setting forth and
8attesting to all facts within the employer's knowledge that are
9pertinent to the applicability of that subsection. Upon
10receiving a timely application for recalculation, the System
11shall review the application and, if appropriate, recalculate
12the amount due.
13    The employer contributions required under this subsection
14(f) may be paid in the form of a lump sum within 90 days after
15receipt of the bill. If the employer contributions are not paid
16within 90 days after receipt of the bill, then interest will be
17charged at a rate equal to the System's annual actuarially
18assumed rate of return on investment compounded annually from
19the 91st day after receipt of the bill. Payments must be
20concluded within 3 years after the employer's receipt of the
21bill.
22    (g) This subsection (g) applies only to payments made or
23salary increases given on or after June 1, 2005 but before July
241, 2011. The changes made by Public Act 94-1057 shall not
25require the System to refund any payments received before July
2631, 2006 (the effective date of Public Act 94-1057).

 

 

10000SB1947ham004- 30 -LRB100 09675 MLM 28408 a

1    When assessing payment for any amount due under subsection
2(f), the System shall exclude salary increases paid to teachers
3under contracts or collective bargaining agreements entered
4into, amended, or renewed before June 1, 2005.
5    When assessing payment for any amount due under subsection
6(f), the System shall exclude salary increases paid to a
7teacher at a time when the teacher is 10 or more years from
8retirement eligibility under Section 16-132 or 16-133.2.
9    When assessing payment for any amount due under subsection
10(f), the System shall exclude salary increases resulting from
11overload work, including summer school, when the school
12district has certified to the System, and the System has
13approved the certification, that (i) the overload work is for
14the sole purpose of classroom instruction in excess of the
15standard number of classes for a full-time teacher in a school
16district during a school year and (ii) the salary increases are
17equal to or less than the rate of pay for classroom instruction
18computed on the teacher's current salary and work schedule.
19    When assessing payment for any amount due under subsection
20(f), the System shall exclude a salary increase resulting from
21a promotion (i) for which the employee is required to hold a
22certificate or supervisory endorsement issued by the State
23Teacher Certification Board that is a different certification
24or supervisory endorsement than is required for the teacher's
25previous position and (ii) to a position that has existed and
26been filled by a member for no less than one complete academic

 

 

10000SB1947ham004- 31 -LRB100 09675 MLM 28408 a

1year and the salary increase from the promotion is an increase
2that results in an amount no greater than the lesser of the
3average salary paid for other similar positions in the district
4requiring the same certification or the amount stipulated in
5the collective bargaining agreement for a similar position
6requiring the same certification.
7    When assessing payment for any amount due under subsection
8(f), the System shall exclude any payment to the teacher from
9the State of Illinois or the State Board of Education over
10which the employer does not have discretion, notwithstanding
11that the payment is included in the computation of final
12average salary.
13    (h) When assessing payment for any amount due under
14subsection (f), the System shall exclude any salary increase
15described in subsection (g) of this Section given on or after
16July 1, 2011 but before July 1, 2014 under a contract or
17collective bargaining agreement entered into, amended, or
18renewed on or after June 1, 2005 but before July 1, 2011.
19Notwithstanding any other provision of this Section, any
20payments made or salary increases given after June 30, 2014
21shall be used in assessing payment for any amount due under
22subsection (f) of this Section.
23    (i) The System shall prepare a report and file copies of
24the report with the Governor and the General Assembly by
25January 1, 2007 that contains all of the following information:
26        (1) The number of recalculations required by the

 

 

10000SB1947ham004- 32 -LRB100 09675 MLM 28408 a

1    changes made to this Section by Public Act 94-1057 for each
2    employer.
3        (2) The dollar amount by which each employer's
4    contribution to the System was changed due to
5    recalculations required by Public Act 94-1057.
6        (3) The total amount the System received from each
7    employer as a result of the changes made to this Section by
8    Public Act 94-4.
9        (4) The increase in the required State contribution
10    resulting from the changes made to this Section by Public
11    Act 94-1057.
12    (j) For purposes of determining the required State
13contribution to the System, the value of the System's assets
14shall be equal to the actuarial value of the System's assets,
15which shall be calculated as follows:
16    As of June 30, 2008, the actuarial value of the System's
17assets shall be equal to the market value of the assets as of
18that date. In determining the actuarial value of the System's
19assets for fiscal years after June 30, 2008, any actuarial
20gains or losses from investment return incurred in a fiscal
21year shall be recognized in equal annual amounts over the
225-year period following that fiscal year.
23    (k) For purposes of determining the required State
24contribution to the system for a particular year, the actuarial
25value of assets shall be assumed to earn a rate of return equal
26to the system's actuarially assumed rate of return.

 

 

10000SB1947ham004- 33 -LRB100 09675 MLM 28408 a

1(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
296-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff.
36-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
 
4    (40 ILCS 5/17-127)  (from Ch. 108 1/2, par. 17-127)
5    Sec. 17-127. Financing; revenues for the Fund.
6    (a) The revenues for the Fund shall consist of: (1) amounts
7paid into the Fund by contributors thereto and from employer
8contributions and State appropriations in accordance with this
9Article; (2) amounts contributed to the Fund by an Employer;
10(3) amounts contributed to the Fund pursuant to any law now in
11force or hereafter to be enacted; (4) contributions from any
12other source; and (5) the earnings on investments.
13    (b) The General Assembly finds that for many years the
14State has contributed to the Fund an annual amount that is
15between 20% and 30% of the amount of the annual State
16contribution to the Article 16 retirement system, and the
17General Assembly declares that it is its goal and intention to
18continue this level of contribution to the Fund in the future.
19    (c) Beginning in State fiscal year 1999 and ending at the
20end of State fiscal year 2017, the State shall include in its
21annual contribution to the Fund an additional amount equal to
220.544% of the Fund's total teacher payroll; except that this
23additional contribution need not be made in a fiscal year if
24the Board has certified in the previous fiscal year that the
25Fund is at least 90% funded, based on actuarial determinations.

 

 

10000SB1947ham004- 34 -LRB100 09675 MLM 28408 a

1These additional State contributions are intended to offset a
2portion of the cost to the Fund of the increases in retirement
3benefits resulting from this amendatory Act of 1998.
4    (d) In addition to any other contribution required under
5this Article, the State shall contribute to the Fund the
6following amounts:
7        (1) For State fiscal year 2018, the State shall
8    contribute $221,300,000.
9        (2) Beginning in State fiscal year 2019, the State
10    shall contribute for each fiscal year an amount to be
11    determined by the Fund, equal to the employer normal cost
12    for that fiscal year for all teachers hired before the
13    implementation date of the plan created under Section 1-161
14    of the Illinois Pension Code for the retirement system
15    under Article 16 or before the resolution or ordinance date
16    under Section 1-162 of the Illinois Pension Code for the
17    retirement System under Article 17, whichever is earlier,
18    plus the amount allowed pursuant to paragraph (3) of
19    Section 17-142.1, to defray health insurance costs for all
20    employees. The amount contributed under this paragraph (2)
21    shall be reduced by the employer normal cost of the
22    increase in benefits associated with the portion of salary
23    in excess of the amount of the salary set for the Governor.
24    (e) The Board shall determine the amount of State
25contributions required for each fiscal year on the basis of the
26actuarial tables and other assumptions adopted by the Board and

 

 

10000SB1947ham004- 35 -LRB100 09675 MLM 28408 a

1the recommendations of the actuary. On or before November 1 of
2each year, beginning November 1, 2017, the Board shall submit
3to the State Actuary, the Governor, and the General Assembly a
4proposed certification of the amount of the required State
5contribution to the Fund for the next fiscal year, along with
6all of the actuarial assumptions, calculations, and data upon
7which that proposed certification is based. On or before
8January 1 of each year, beginning January 1, 2018, the State
9Actuary shall issue a preliminary report concerning the
10proposed certification and identifying, if necessary,
11recommended changes in actuarial assumptions that the Board
12must consider before finalizing its certification of the
13required State contributions.
14    (f) On or before January 15, 2018 and each January 15
15thereafter, the Board shall certify to the Governor and the
16General Assembly (i) the amount of the required State
17contribution for the next fiscal year and (ii) the amount by
18which the required State contribution was reduced pursuant to
19paragraph (2) of subsection (d) of this Section. The
20certification shall include a copy of the actuarial
21recommendations upon which it is based and shall specifically
22identify the Fund's projected employer normal cost for that
23fiscal year. The Board's certification must note any deviations
24from the State Actuary's recommended changes, the reason or
25reasons for not following the State Actuary's recommended
26changes, and the fiscal impact of not following the State

 

 

10000SB1947ham004- 36 -LRB100 09675 MLM 28408 a

1Actuary's recommended changes on the required State
2contribution. For the purposes of this Article, including
3issuing vouchers, and for the purposes of subsection (h) of
4Section 1.1 of the State Pension Funds Continuing Appropriation
5Act, the State contribution specified for State fiscal year
62018 shall be deemed to have been certified, by operation of
7law and without official action by the Board or the State
8Actuary, in the amount provided in subsection (d) of this
9Section.
10    (g) Beginning in State fiscal year 2018 on the 15th day of
11each month, or as soon thereafter as may be practicable, the
12Board shall submit vouchers for payment of State contributions
13to the Fund, in a total monthly amount of one-twelfth of the
14required annual State contribution under subsection (d). These
15vouchers shall be paid by the State Comptroller and Treasurer
16by warrants drawn on the funds appropriated to the Fund for
17that fiscal year. If in any month the amount remaining
18unexpended from all other State appropriations to the Fund for
19the applicable fiscal year is less than the amount lawfully
20vouchered under this subsection, the difference shall be paid
21from the Common School Fund under the continuing appropriation
22authority provided in Section 1.1 of the State Pension Funds
23Continuing Appropriation Act.
24(Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98;
2590-582, eff. 5-27-98; 90-655, eff. 7-30-98.)
 

 

 

10000SB1947ham004- 37 -LRB100 09675 MLM 28408 a

1    Section 18. The State Pension Funds Continuing
2Appropriation Act is amended by changing Section 1.1 as
3follows:
 
4    (40 ILCS 15/1.1)
5    Sec. 1.1. Appropriations to certain retirement systems.
6    (a) There is hereby appropriated from the General Revenue
7Fund to the General Assembly Retirement System, on a continuing
8monthly basis, the amount, if any, by which the total available
9amount of all other appropriations to that retirement system
10for the payment of State contributions is less than the total
11amount of the vouchers for required State contributions
12lawfully submitted by the retirement system for that month
13under Section 2-134 of the Illinois Pension Code.
14    (b) There is hereby appropriated from the General Revenue
15Fund to the State Universities Retirement System, on a
16continuing monthly basis, the amount, if any, by which the
17total available amount of all other appropriations to that
18retirement system for the payment of State contributions,
19including any deficiency in the required contributions of the
20optional retirement program established under Section 15-158.2
21of the Illinois Pension Code, is less than the total amount of
22the vouchers for required State contributions lawfully
23submitted by the retirement system for that month under Section
2415-165 of the Illinois Pension Code.
25    (c) There is hereby appropriated from the Common School

 

 

10000SB1947ham004- 38 -LRB100 09675 MLM 28408 a

1Fund to the Teachers' Retirement System of the State of
2Illinois, on a continuing monthly basis, the amount, if any, by
3which the total available amount of all other appropriations to
4that retirement system for the payment of State contributions
5is less than the total amount of the vouchers for required
6State contributions lawfully submitted by the retirement
7system for that month under Section 16-158 of the Illinois
8Pension Code.
9    (d) There is hereby appropriated from the General Revenue
10Fund to the Judges Retirement System of Illinois, on a
11continuing monthly basis, the amount, if any, by which the
12total available amount of all other appropriations to that
13retirement system for the payment of State contributions is
14less than the total amount of the vouchers for required State
15contributions lawfully submitted by the retirement system for
16that month under Section 18-140 of the Illinois Pension Code.
17    (e) The continuing appropriations provided by subsections
18(a), (b), (c), and (d) of this Section shall first be available
19in State fiscal year 1996. The continuing appropriations
20provided by subsection (h) of this Section shall first be
21available as provided in that subsection (h).
22    (f) For State fiscal year 2010 only, the continuing
23appropriations provided by this Section are equal to the amount
24certified by each System on or before December 31, 2008, less
25(i) the gross proceeds of the bonds sold in fiscal year 2010
26under the authorization contained in subsection (a) of Section

 

 

10000SB1947ham004- 39 -LRB100 09675 MLM 28408 a

17.2 of the General Obligation Bond Act and (ii) any amounts
2received from the State Pensions Fund.
3    (g) For State fiscal year 2011 only, the continuing
4appropriations provided by this Section are equal to the amount
5certified by each System on or before April 1, 2011, less (i)
6the gross proceeds of the bonds sold in fiscal year 2011 under
7the authorization contained in subsection (a) of Section 7.2 of
8the General Obligation Bond Act and (ii) any amounts received
9from the State Pensions Fund.
10    (h) There is hereby appropriated from the Common School
11Fund to the Public School Teachers' Pension and Retirement Fund
12of Chicago, on a continuing monthly basis, the amount, if any,
13by which the total available amount of all other State
14appropriations to that Retirement Fund for the payment of State
15contributions under subsection (d) of Section 17-127 of the
16Illinois Pension Code is less than the total amount of the
17vouchers for required State contributions lawfully submitted
18by the Retirement Fund for that month under that Section
1917-127.
20(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
2196-1511, eff. 1-27-11.)
 
22    Section 20. The Innovation Development and Economy Act is
23amended by changing Section 33 as follows:
 
24    (50 ILCS 470/33)

 

 

10000SB1947ham004- 40 -LRB100 09675 MLM 28408 a

1    Sec. 33. STAR Bonds School Improvement and Operations Trust
2Fund.
3    (a) The STAR Bonds School Improvement and Operations Trust
4Fund is created as a trust fund in the State treasury. Deposits
5into the Trust Fund shall be made as provided under this
6Section. Moneys in the Trust Fund shall be used by the
7Department of Revenue only for the purpose of making payments
8to school districts in educational service regions that include
9or are adjacent to the STAR bond district. Moneys in the Trust
10Fund are not subject to appropriation and shall be used solely
11as provided in this Section. All deposits into the Trust Fund
12shall be held in the Trust Fund by the State Treasurer as ex
13officio custodian separate and apart from all public moneys or
14funds of this State and shall be administered by the Department
15exclusively for the purposes set forth in this Section. All
16moneys in the Trust Fund shall be invested and reinvested by
17the State Treasurer. All interest accruing from these
18investments shall be deposited in the Trust Fund.
19    (b) Upon approval of a STAR bond district, the political
20subdivision shall immediately transmit to the county clerk of
21the county in which the district is located a certified copy of
22the ordinance creating the district, a legal description of the
23district, a map of the district, identification of the year
24that the county clerk shall use for determining the total
25initial equalized assessed value of the district consistent
26with subsection (c), and a list of the parcel or tax

 

 

10000SB1947ham004- 41 -LRB100 09675 MLM 28408 a

1identification number of each parcel of property included in
2the district.
3    (c) Upon approval of a STAR bond district, the county clerk
4immediately thereafter shall determine (i) the most recently
5ascertained equalized assessed value of each lot, block, tract,
6or parcel of real property within the STAR bond district, from
7which shall be deducted the homestead exemptions under Article
815 of the Property Tax Code, which value shall be the initial
9equalized assessed value of each such piece of property, and
10(ii) the total equalized assessed value of all taxable real
11property within the district by adding together the most
12recently ascertained equalized assessed value of each taxable
13lot, block, tract, or parcel of real property within the
14district, from which shall be deducted the homestead exemptions
15under Article 15 of the Property Tax Code, and shall certify
16that amount as the total initial equalized assessed value of
17the taxable real property within the STAR bond district.
18    (d) In reference to any STAR bond district created within
19any political subdivision, and in respect to which the county
20clerk has certified the total initial equalized assessed value
21of the property in the area, the political subdivision may
22thereafter request the clerk in writing to adjust the initial
23equalized value of all taxable real property within the STAR
24bond district by deducting therefrom the exemptions under
25Article 15 of the Property Tax Code applicable to each lot,
26block, tract, or parcel of real property within the STAR bond

 

 

10000SB1947ham004- 42 -LRB100 09675 MLM 28408 a

1district. The county clerk shall immediately, after the written
2request to adjust the total initial equalized value is
3received, determine the total homestead exemptions in the STAR
4bond district as provided under Article 15 of the Property Tax
5Code by adding together the homestead exemptions provided by
6said Article on each lot, block, tract, or parcel of real
7property within the STAR bond district and then shall deduct
8the total of said exemptions from the total initial equalized
9assessed value. The county clerk shall then promptly certify
10that amount as the total initial equalized assessed value as
11adjusted of the taxable real property within the STAR bond
12district.
13    (e) The county clerk or other person authorized by law
14shall compute the tax rates for each taxing district with all
15or a portion of its equalized assessed value located in the
16STAR bond district. The rate per cent of tax determined shall
17be extended to the current equalized assessed value of all
18property in the district in the same manner as the rate per
19cent of tax is extended to all other taxable property in the
20taxing district.
21    (f) Beginning with the assessment year in which the first
22destination user in the first STAR bond project in a STAR bond
23district makes its first retail sales and for each assessment
24year thereafter until final maturity of the last STAR bonds
25issued in the district, the county clerk or other person
26authorized by law shall determine the increase in equalized

 

 

10000SB1947ham004- 43 -LRB100 09675 MLM 28408 a

1assessed value of all real property within the STAR bond
2district by subtracting the initial equalized assessed value of
3all property in the district certified under subsection (c)
4from the current equalized assessed value of all property in
5the district. Each year, the property taxes arising from the
6increase in equalized assessed value in the STAR bond district
7shall be determined for each taxing district and shall be
8certified to the county collector.
9    (g) Beginning with the year in which taxes are collected
10based on the assessment year in which the first destination
11user in the first STAR bond project in a STAR bond district
12makes its first retail sales and for each year thereafter until
13final maturity of the last STAR bonds issued in the district,
14the county collector shall, within 30 days after receipt of
15property taxes, transmit to the Department to be deposited into
16the STAR Bonds School Improvement and Operations Trust Fund 15%
17of property taxes attributable to the increase in equalized
18assessed value within the STAR bond district from each taxing
19district as certified in subsection (f).
20    (h) The Department shall pay to the regional superintendent
21of schools whose educational service region includes Franklin
22and Williamson Counties, for each year for which money is
23remitted to the Department and paid into the STAR Bonds School
24Improvement and Operations Trust Fund, the money in the Fund as
25provided in this Section. The amount paid to each school
26district shall be allocated proportionately, based on each

 

 

10000SB1947ham004- 44 -LRB100 09675 MLM 28408 a

1qualifying school district's fall enrollment for the
2then-current school year, such that the school district with
3the largest fall enrollment receives the largest proportionate
4share of money paid out of the Fund or by any other method or
5formula that the regional superintendent of schools deems fit,
6equitable, and in the public interest. The regional
7superintendent may allocate moneys to school districts that are
8outside of his or her educational service region or to other
9regional superintendents.
10    The Department shall determine the distributions under
11this Section using its best judgment and information. The
12Department shall be held harmless for the distributions made
13under this Section and all distributions shall be final.
14    (i) In any year that an assessment appeal is filed, the
15extension of taxes on any assessment so appealed shall not be
16delayed. In the case of an assessment that is altered, any
17taxes extended upon the unauthorized assessment or part thereof
18shall be abated, or, if already paid, shall be refunded with
19interest as provided in Section 23-20 of the Property Tax Code.
20In the case of an assessment appeal, the county collector shall
21notify the Department that an assessment appeal has been filed
22and the amount of the tax that would have been deposited in the
23STAR Bonds School Improvement and Operations Trust Fund. The
24county collector shall hold that amount in a separate fund
25until the appeal process is final. After the appeal process is
26finalized, the county collector shall transmit to the

 

 

10000SB1947ham004- 45 -LRB100 09675 MLM 28408 a

1Department the amount of tax that remains, if any, after all
2required refunds are made. The Department shall pay any amount
3deposited into the Trust Fund under this Section in the same
4proportion as determined for payments for that taxable year
5under subsection (h).
6    (j) In any year that ad valorem taxes are allocated to the
7STAR Bonds School Improvement and Operations Trust Fund, that
8allocation shall not reduce or otherwise impact the school aid
9provided to any school district under the general State school
10aid formula provided for in Section 18-8.05 of the School Code
11or the evidence-based funding formula provided for in Section
1218-8.15 of the School Code.
13(Source: P.A. 96-939, eff. 6-24-10.)
 
14    Section 25. The County Economic Development Project Area
15Property Tax Allocation Act is amended by changing Section 7 as
16follows:
 
17    (55 ILCS 85/7)  (from Ch. 34, par. 7007)
18    Sec. 7. Creation of special tax allocation fund. If a
19county has adopted property tax allocation financing by
20ordinance for an economic development project area, the
21Department has approved and certified the economic development
22project area, and the county clerk has thereafter certified the
23"total initial equalized value" of the taxable real property
24within such economic development project area in the manner

 

 

10000SB1947ham004- 46 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 47 -LRB100 09675 MLM 28408 a

1    collected shall be paid to the county treasurer, who shall
2    deposit those taxes into a special fund called the special
3    tax allocation fund of the county for the purpose of paying
4    economic development project costs and obligations
5    incurred in the payment thereof.
6    The county, by an ordinance adopting property tax
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 shall
14be used in calculating the general State school aid formula,
15provided for in Section 18-8 of the School Code, until such
16time as all economic development projects costs have been paid
17as provided for in this Section.
18    Whenever a county issues bonds for the purpose of financing
19economic development project costs, the county may provide by
20ordinance for the appointment of a trustee, which may be any
21trust company within the State, and for the establishment of
22the funds or accounts to be maintained by such trustee as the
23county shall deem necessary to provide for the security and
24payment of the bonds. If the county provides for the
25appointment of a trustee, the trustee shall be considered the
26assignee of any payments assigned by the county pursuant to the

 

 

10000SB1947ham004- 48 -LRB100 09675 MLM 28408 a

1ordinance and this Section. Any amounts paid to the trustee as
2assignee shall be deposited in the funds or accounts
3established pursuant to the trust agreement, and shall be held
4by the trustee in trust for the benefit of the holders of the
5bonds, and the holders shall have a lien on and a security
6interest in those bonds or accounts so long as the bonds remain
7outstanding and unpaid. Upon retirement of the bonds, the
8trustee shall pay over any excess amounts held to the county
9for deposit in the special tax allocation fund.
10    When the economic development project costs, including
11without limitation all county obligations financing economic
12development project costs incurred under this Act, have been
13paid, all surplus funds then remaining in the special tax
14allocation funds shall be distributed by being paid by the
15county treasurer to the county collector, who shall immediately
16thereafter pay those funds to the taxing districts having
17taxable property in the economic development project area in
18the same manner and proportion as the most recent distribution
19by the county collector to those taxing districts of real
20property taxes from real property in the economic development
21project area.
22    Upon the payment of all economic development project costs,
23retirement of obligations and the distribution of any excess
24monies pursuant to this Section and not later than 23 years
25from the date of adoption of the ordinance adopting property
26tax allocation financing, the county shall adopt an ordinance

 

 

10000SB1947ham004- 49 -LRB100 09675 MLM 28408 a

1dissolving the special tax allocation fund for the economic
2development project area and terminating the designation of the
3economic development project area as an economic development
4project area; however, in relation to one or more contiguous
5parcels not exceeding a total area of 120 acres within which an
6electric generating facility is intended to be constructed, and
7with respect to which the owner of that proposed electric
8generating facility has entered into a redevelopment agreement
9with Grundy County on or before July 25, 2017, the ordinance of
10the county required in this paragraph shall not dissolve the
11special tax allocation fund for the existing economic
12development project area and shall only terminate the
13designation of the economic development project area as to
14those portions of the economic development project area
15excluding the area covered by the redevelopment agreement
16between the owner of the proposed electric generating facility
17and Grundy County; the county shall adopt an ordinance
18dissolving the special tax allocation fund for the economic
19development project area and terminating the designation of the
20economic development project area as an economic development
21project area with regard to the electric generating facility
22property not later than 35 years from the date of adoption of
23the ordinance adopting property tax allocation financing.
24Thereafter the rates of the taxing districts shall be extended
25and taxes levied, collected and distributed in the manner
26applicable in the absence of the adoption of property tax

 

 

10000SB1947ham004- 50 -LRB100 09675 MLM 28408 a

1allocation financing.
2    Nothing in this Section shall be construed as relieving
3property in economic development project areas from being
4assessed as provided in the Property Tax Code or as relieving
5owners of that property from paying a uniform rate of taxes, as
6required by Section 4 of Article IX of the Illinois
7Constitution of 1970.
8(Source: P.A. 98-463, eff. 8-16-13; 99-513, eff. 6-30-16.)
 
9    Section 30. The County Economic Development Project Area
10Tax Increment Allocation Act of 1991 is amended by changing
11Section 50 as follows:
 
12    (55 ILCS 90/50)  (from Ch. 34, par. 8050)
13    Sec. 50. Special tax allocation fund.
14    (a) If a county clerk has certified the "total initial
15equalized assessed value" of the taxable real property within
16an economic development project area in the manner provided in
17Section 45, each year after the date of the certification by
18the county clerk of the "total initial equalized assessed
19value", until economic development project costs and all county
20obligations financing economic development project costs have
21been paid, the ad valorem taxes, if any, arising from the
22levies upon the taxable real property in the economic
23development project area by taxing districts and tax rates
24determined in the manner provided in subsection (b) of Section

 

 

10000SB1947ham004- 51 -LRB100 09675 MLM 28408 a

145 shall be divided as follows:
2        (1) That portion of the taxes levied upon each taxable
3    lot, block, tract, or parcel of real property that is
4    attributable to the lower of the current equalized assessed
5    value or the initial equalized assessed value of each
6    taxable lot, block, tract, or parcel of real property
7    existing at the time tax increment financing was adopted
8    shall be allocated to (and when collected shall be paid by
9    the county collector to) the respective affected taxing
10    districts in the manner required by law in the absence of
11    the adoption of tax increment allocation financing.
12        (2) That portion, if any, of the taxes that is
13    attributable to the increase in the current equalized
14    assessed valuation of each taxable lot, block, tract, or
15    parcel of real property in the economic development project
16    area, over and above the initial equalized assessed value
17    of each property existing at the time tax increment
18    financing was adopted, shall be allocated to (and when
19    collected shall be paid to) the county treasurer, who shall
20    deposit the taxes into a special fund (called the special
21    tax allocation fund of the county) for the purpose of
22    paying economic development project costs and obligations
23    incurred in the payment of those costs.
24    (b) The county, by an ordinance adopting tax increment
25allocation financing, may pledge the monies in and to be
26deposited into the special tax allocation fund for the payment

 

 

10000SB1947ham004- 52 -LRB100 09675 MLM 28408 a

1of obligations issued under this Act and for the payment of
2economic development project costs. No part of the current
3equalized assessed valuation of each property in the economic
4development project area attributable to any increase above the
5total initial equalized assessed value of those properties
6shall be used in calculating the general State school aid
7formula under Section 18-8 of the School Code until all
8economic development projects costs have been paid as provided
9for in this Section.
10    (c) When the economic development projects costs,
11including without limitation all county obligations financing
12economic development project costs incurred under this Act,
13have been paid, all surplus monies then remaining in the
14special tax allocation fund shall be distributed by being paid
15by the county treasurer to the county collector, who shall
16immediately pay the monies to the taxing districts having
17taxable property in the economic development project area in
18the same manner and proportion as the most recent distribution
19by the county collector to those taxing districts of real
20property taxes from real property in the economic development
21project area.
22    (d) Upon the payment of all economic development project
23costs, retirement of obligations, and distribution of any
24excess monies under this Section, the county shall adopt an
25ordinance dissolving the special tax allocation fund for the
26economic development project area and terminating the

 

 

10000SB1947ham004- 53 -LRB100 09675 MLM 28408 a

1designation of the economic development project area as an
2economic development project area. Thereafter, the rates of the
3taxing districts shall be extended and taxes shall be levied,
4collected, and distributed in the manner applicable in the
5absence of the adoption of tax increment allocation financing.
6    (e) Nothing in this Section shall be construed as relieving
7property in the economic development project areas from being
8assessed as provided in the Property Tax Code or as relieving
9owners of that property from paying a uniform rate of taxes as
10required by Section 4 of Article IX of the Illinois
11Constitution.
12(Source: P.A. 98-463, eff. 8-16-13.)
 
13    Section 35. The Illinois Municipal Code is amended by
14changing Sections 11-74.4-3, 11-74.4-8, and 11-74.6-35 as
15follows:
 
16    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
17    Sec. 11-74.4-3. Definitions. The following terms, wherever
18used or referred to in this Division 74.4 shall have the
19following respective meanings, unless in any case a different
20meaning clearly appears from the context.
21    (a) For any redevelopment project area that has been
22designated pursuant to this Section by an ordinance adopted
23prior to November 1, 1999 (the effective date of Public Act
2491-478), "blighted area" shall have the meaning set forth in

 

 

10000SB1947ham004- 54 -LRB100 09675 MLM 28408 a

1this Section prior to that date.
2    On and after November 1, 1999, "blighted area" means any
3improved or vacant area within the boundaries of a
4redevelopment project area located within the territorial
5limits of the municipality where:
6        (1) If improved, industrial, commercial, and
7    residential buildings or improvements are detrimental to
8    the public safety, health, or welfare because of a
9    combination of 5 or more of the following factors, each of
10    which is (i) present, with that presence documented, to a
11    meaningful extent so that a municipality may reasonably
12    find that the factor is clearly present within the intent
13    of the Act and (ii) reasonably distributed throughout the
14    improved part of the redevelopment project area:
15            (A) Dilapidation. An advanced state of disrepair
16        or neglect of necessary repairs to the primary
17        structural components of buildings or improvements in
18        such a combination that a documented building
19        condition analysis determines that major repair is
20        required or the defects are so serious and so extensive
21        that the buildings must be removed.
22            (B) Obsolescence. The condition or process of
23        falling into disuse. Structures have become ill-suited
24        for the original use.
25            (C) Deterioration. With respect to buildings,
26        defects including, but not limited to, major defects in

 

 

10000SB1947ham004- 55 -LRB100 09675 MLM 28408 a

1        the secondary building components such as doors,
2        windows, porches, gutters and downspouts, and fascia.
3        With respect to surface improvements, that the
4        condition of roadways, alleys, curbs, gutters,
5        sidewalks, off-street parking, and surface storage
6        areas evidence deterioration, including, but not
7        limited to, surface cracking, crumbling, potholes,
8        depressions, loose paving material, and weeds
9        protruding through paved surfaces.
10            (D) Presence of structures below minimum code
11        standards. All structures that do not meet the
12        standards of zoning, subdivision, building, fire, and
13        other governmental codes applicable to property, but
14        not including housing and property maintenance codes.
15            (E) Illegal use of individual structures. The use
16        of structures in violation of applicable federal,
17        State, or local laws, exclusive of those applicable to
18        the presence of structures below minimum code
19        standards.
20            (F) Excessive vacancies. The presence of buildings
21        that are unoccupied or under-utilized and that
22        represent an adverse influence on the area because of
23        the frequency, extent, or duration of the vacancies.
24            (G) Lack of ventilation, light, or sanitary
25        facilities. The absence of adequate ventilation for
26        light or air circulation in spaces or rooms without

 

 

10000SB1947ham004- 56 -LRB100 09675 MLM 28408 a

1        windows, or that require the removal of dust, odor,
2        gas, smoke, or other noxious airborne materials.
3        Inadequate natural light and ventilation means the
4        absence of skylights or windows for interior spaces or
5        rooms and improper window sizes and amounts by room
6        area to window area ratios. Inadequate sanitary
7        facilities refers to the absence or inadequacy of
8        garbage storage and enclosure, bathroom facilities,
9        hot water and kitchens, and structural inadequacies
10        preventing ingress and egress to and from all rooms and
11        units within a building.
12            (H) Inadequate utilities. Underground and overhead
13        utilities such as storm sewers and storm drainage,
14        sanitary sewers, water lines, and gas, telephone, and
15        electrical services that are shown to be inadequate.
16        Inadequate utilities are those that are: (i) of
17        insufficient capacity to serve the uses in the
18        redevelopment project area, (ii) deteriorated,
19        antiquated, obsolete, or in disrepair, or (iii)
20        lacking within the redevelopment project area.
21            (I) Excessive land coverage and overcrowding of
22        structures and community facilities. The
23        over-intensive use of property and the crowding of
24        buildings and accessory facilities onto a site.
25        Examples of problem conditions warranting the
26        designation of an area as one exhibiting excessive land

 

 

10000SB1947ham004- 57 -LRB100 09675 MLM 28408 a

1        coverage are: (i) the presence of buildings either
2        improperly situated on parcels or located on parcels of
3        inadequate size and shape in relation to present-day
4        standards of development for health and safety and (ii)
5        the presence of multiple buildings on a single parcel.
6        For there to be a finding of excessive land coverage,
7        these parcels must exhibit one or more of the following
8        conditions: insufficient provision for light and air
9        within or around buildings, increased threat of spread
10        of fire due to the close proximity of buildings, lack
11        of adequate or proper access to a public right-of-way,
12        lack of reasonably required off-street parking, or
13        inadequate provision for loading and service.
14            (J) Deleterious land use or layout. The existence
15        of incompatible land-use relationships, buildings
16        occupied by inappropriate mixed-uses, or uses
17        considered to be noxious, offensive, or unsuitable for
18        the surrounding area.
19            (K) Environmental clean-up. The proposed
20        redevelopment project area has incurred Illinois
21        Environmental Protection Agency or United States
22        Environmental Protection Agency remediation costs for,
23        or a study conducted by an independent consultant
24        recognized as having expertise in environmental
25        remediation has determined a need for, the clean-up of
26        hazardous waste, hazardous substances, or underground

 

 

10000SB1947ham004- 58 -LRB100 09675 MLM 28408 a

1        storage tanks required by State or federal law,
2        provided that the remediation costs constitute a
3        material impediment to the development or
4        redevelopment of the redevelopment project area.
5            (L) Lack of community planning. The proposed
6        redevelopment project area was developed prior to or
7        without the benefit or guidance of a community plan.
8        This means that the development occurred prior to the
9        adoption by the municipality of a comprehensive or
10        other community plan or that the plan was not followed
11        at the time of the area's development. This factor must
12        be documented by evidence of adverse or incompatible
13        land-use relationships, inadequate street layout,
14        improper subdivision, parcels of inadequate shape and
15        size to meet contemporary development standards, or
16        other evidence demonstrating an absence of effective
17        community planning.
18            (M) The total equalized assessed value of the
19        proposed redevelopment project area has declined for 3
20        of the last 5 calendar years prior to the year in which
21        the redevelopment project area is designated or is
22        increasing at an annual rate that is less than the
23        balance of the municipality for 3 of the last 5
24        calendar years for which information is available or is
25        increasing at an annual rate that is less than the
26        Consumer Price Index for All Urban Consumers published

 

 

10000SB1947ham004- 59 -LRB100 09675 MLM 28408 a

1        by the United States Department of Labor or successor
2        agency for 3 of the last 5 calendar years prior to the
3        year in which the redevelopment project area is
4        designated.
5        (2) If vacant, the sound growth of the redevelopment
6    project area is impaired by a combination of 2 or more of
7    the following factors, each of which is (i) present, with
8    that presence documented, to a meaningful extent so that a
9    municipality may reasonably find that the factor is clearly
10    present within the intent of the Act and (ii) reasonably
11    distributed throughout the vacant part of the
12    redevelopment project area to which it pertains:
13            (A) Obsolete platting of vacant land that results
14        in parcels of limited or narrow size or configurations
15        of parcels of irregular size or shape that would be
16        difficult to develop on a planned basis and in a manner
17        compatible with contemporary standards and
18        requirements, or platting that failed to create
19        rights-of-ways for streets or alleys or that created
20        inadequate right-of-way widths for streets, alleys, or
21        other public rights-of-way or that omitted easements
22        for public utilities.
23            (B) Diversity of ownership of parcels of vacant
24        land sufficient in number to retard or impede the
25        ability to assemble the land for development.
26            (C) Tax and special assessment delinquencies exist

 

 

10000SB1947ham004- 60 -LRB100 09675 MLM 28408 a

1        or the property has been the subject of tax sales under
2        the Property Tax Code within the last 5 years.
3            (D) Deterioration of structures or site
4        improvements in neighboring areas adjacent to the
5        vacant land.
6            (E) The area has incurred Illinois Environmental
7        Protection Agency or United States Environmental
8        Protection Agency remediation costs for, or a study
9        conducted by an independent consultant recognized as
10        having expertise in environmental remediation has
11        determined a need for, the clean-up of hazardous waste,
12        hazardous substances, or underground storage tanks
13        required by State or federal law, provided that the
14        remediation costs constitute a material impediment to
15        the development or redevelopment of the redevelopment
16        project area.
17            (F) The total equalized assessed value of the
18        proposed redevelopment project area has declined for 3
19        of the last 5 calendar years prior to the year in which
20        the redevelopment project area is designated or is
21        increasing at an annual rate that is less than the
22        balance of the municipality for 3 of the last 5
23        calendar years for which information is available or is
24        increasing at an annual rate that is less than the
25        Consumer Price Index for All Urban Consumers published
26        by the United States Department of Labor or successor

 

 

10000SB1947ham004- 61 -LRB100 09675 MLM 28408 a

1        agency for 3 of the last 5 calendar years prior to the
2        year in which the redevelopment project area is
3        designated.
4        (3) If vacant, the sound growth of the redevelopment
5    project area is impaired by one of the following factors
6    that (i) is present, with that presence documented, to a
7    meaningful extent so that a municipality may reasonably
8    find that the factor is clearly present within the intent
9    of the Act and (ii) is reasonably distributed throughout
10    the vacant part of the redevelopment project area to which
11    it pertains:
12            (A) The area consists of one or more unused
13        quarries, mines, or strip mine ponds.
14            (B) The area consists of unused rail yards, rail
15        tracks, or railroad rights-of-way.
16            (C) The area, prior to its designation, is subject
17        to (i) chronic flooding that adversely impacts on real
18        property in the area as certified by a registered
19        professional engineer or appropriate regulatory agency
20        or (ii) surface water that discharges from all or a
21        part of the area and contributes to flooding within the
22        same watershed, but only if the redevelopment project
23        provides for facilities or improvements to contribute
24        to the alleviation of all or part of the flooding.
25            (D) The area consists of an unused or illegal
26        disposal site containing earth, stone, building

 

 

10000SB1947ham004- 62 -LRB100 09675 MLM 28408 a

1        debris, or similar materials that were removed from
2        construction, demolition, excavation, or dredge sites.
3            (E) Prior to November 1, 1999, the area is not less
4        than 50 nor more than 100 acres and 75% of which is
5        vacant (notwithstanding that the area has been used for
6        commercial agricultural purposes within 5 years prior
7        to the designation of the redevelopment project area),
8        and the area meets at least one of the factors itemized
9        in paragraph (1) of this subsection, the area has been
10        designated as a town or village center by ordinance or
11        comprehensive plan adopted prior to January 1, 1982,
12        and the area has not been developed for that designated
13        purpose.
14            (F) The area qualified as a blighted improved area
15        immediately prior to becoming vacant, unless there has
16        been substantial private investment in the immediately
17        surrounding area.
18    (b) For any redevelopment project area that has been
19designated pursuant to this Section by an ordinance adopted
20prior to November 1, 1999 (the effective date of Public Act
2191-478), "conservation area" shall have the meaning set forth
22in this Section prior to that date.
23    On and after November 1, 1999, "conservation area" means
24any improved area within the boundaries of a redevelopment
25project area located within the territorial limits of the
26municipality in which 50% or more of the structures in the area

 

 

10000SB1947ham004- 63 -LRB100 09675 MLM 28408 a

1have an age of 35 years or more. Such an area is not yet a
2blighted area but because of a combination of 3 or more of the
3following factors is detrimental to the public safety, health,
4morals or welfare and such an area may become a blighted area:
5        (1) Dilapidation. An advanced state of disrepair or
6    neglect of necessary repairs to the primary structural
7    components of buildings or improvements in such a
8    combination that a documented building condition analysis
9    determines that major repair is required or the defects are
10    so serious and so extensive that the buildings must be
11    removed.
12        (2) Obsolescence. The condition or process of falling
13    into disuse. Structures have become ill-suited for the
14    original use.
15        (3) Deterioration. With respect to buildings, defects
16    including, but not limited to, major defects in the
17    secondary building components such as doors, windows,
18    porches, gutters and downspouts, and fascia. With respect
19    to surface improvements, that the condition of roadways,
20    alleys, curbs, gutters, sidewalks, off-street parking, and
21    surface storage areas evidence deterioration, including,
22    but not limited to, surface cracking, crumbling, potholes,
23    depressions, loose paving material, and weeds protruding
24    through paved surfaces.
25        (4) Presence of structures below minimum code
26    standards. All structures that do not meet the standards of

 

 

10000SB1947ham004- 64 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 65 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 66 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 67 -LRB100 09675 MLM 28408 a

1        (13) The total equalized assessed value of the proposed
2    redevelopment project area has declined for 3 of the last 5
3    calendar years for which information is available or is
4    increasing at an annual rate that is less than the balance
5    of the municipality for 3 of the last 5 calendar years for
6    which information is available or is increasing at an
7    annual rate that is less than the Consumer Price Index for
8    All Urban Consumers published by the United States
9    Department of Labor or successor agency for 3 of the last 5
10    calendar years for which information is available.
11    (c) "Industrial park" means an area in a blighted or
12conservation area suitable for use by any manufacturing,
13industrial, research or transportation enterprise, of
14facilities to include but not be limited to factories, mills,
15processing plants, assembly plants, packing plants,
16fabricating plants, industrial distribution centers,
17warehouses, repair overhaul or service facilities, freight
18terminals, research facilities, test facilities or railroad
19facilities.
20    (d) "Industrial park conservation area" means an area
21within the boundaries of a redevelopment project area located
22within the territorial limits of a municipality that is a labor
23surplus municipality or within 1 1/2 miles of the territorial
24limits of a municipality that is a labor surplus municipality
25if the area is annexed to the municipality; which area is zoned
26as industrial no later than at the time the municipality by

 

 

10000SB1947ham004- 68 -LRB100 09675 MLM 28408 a

1ordinance designates the redevelopment project area, and which
2area includes both vacant land suitable for use as an
3industrial park and a blighted area or conservation area
4contiguous to such vacant land.
5    (e) "Labor surplus municipality" means a municipality in
6which, at any time during the 6 months before the municipality
7by ordinance designates an industrial park conservation area,
8the unemployment rate was over 6% and was also 100% or more of
9the national average unemployment rate for that same time as
10published in the United States Department of Labor Bureau of
11Labor Statistics publication entitled "The Employment
12Situation" or its successor publication. For the purpose of
13this subsection, if unemployment rate statistics for the
14municipality are not available, the unemployment rate in the
15municipality shall be deemed to be the same as the unemployment
16rate in the principal county in which the municipality is
17located.
18    (f) "Municipality" shall mean a city, village,
19incorporated town, or a township that is located in the
20unincorporated portion of a county with 3 million or more
21inhabitants, if the county adopted an ordinance that approved
22the township's redevelopment plan.
23    (g) "Initial Sales Tax Amounts" means the amount of taxes
24paid under the Retailers' Occupation Tax Act, Use Tax Act,
25Service Use Tax Act, the Service Occupation Tax Act, the
26Municipal Retailers' Occupation Tax Act, and the Municipal

 

 

10000SB1947ham004- 69 -LRB100 09675 MLM 28408 a

1Service Occupation Tax Act by retailers and servicemen on
2transactions at places located in a State Sales Tax Boundary
3during the calendar year 1985.
4    (g-1) "Revised Initial Sales Tax Amounts" means the amount
5of taxes paid under the Retailers' Occupation Tax Act, Use Tax
6Act, Service Use Tax Act, the Service Occupation Tax Act, the
7Municipal Retailers' Occupation Tax Act, and the Municipal
8Service Occupation Tax Act by retailers and servicemen on
9transactions at places located within the State Sales Tax
10Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
11    (h) "Municipal Sales Tax Increment" means an amount equal
12to the increase in the aggregate amount of taxes paid to a
13municipality from the Local Government Tax Fund arising from
14sales by retailers and servicemen within the redevelopment
15project area or State Sales Tax Boundary, as the case may be,
16for as long as the redevelopment project area or State Sales
17Tax Boundary, as the case may be, exist over and above the
18aggregate amount of taxes as certified by the Illinois
19Department of Revenue and paid under the Municipal Retailers'
20Occupation Tax Act and the Municipal Service Occupation Tax Act
21by retailers and servicemen, on transactions at places of
22business located in the redevelopment project area or State
23Sales Tax Boundary, as the case may be, during the base year
24which shall be the calendar year immediately prior to the year
25in which the municipality adopted tax increment allocation
26financing. For purposes of computing the aggregate amount of

 

 

10000SB1947ham004- 70 -LRB100 09675 MLM 28408 a

1such taxes for base years occurring prior to 1985, the
2Department of Revenue shall determine the Initial Sales Tax
3Amounts for such taxes and deduct therefrom an amount equal to
44% of the aggregate amount of taxes per year for each year the
5base year is prior to 1985, but not to exceed a total deduction
6of 12%. The amount so determined shall be known as the
7"Adjusted Initial Sales Tax Amounts". For purposes of
8determining the Municipal Sales Tax Increment, the Department
9of Revenue shall for each period subtract from the amount paid
10to the municipality from the Local Government Tax Fund arising
11from sales by retailers and servicemen on transactions located
12in the redevelopment project area or the State Sales Tax
13Boundary, as the case may be, the certified Initial Sales Tax
14Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
15Initial Sales Tax Amounts for the Municipal Retailers'
16Occupation Tax Act and the Municipal Service Occupation Tax
17Act. For the State Fiscal Year 1989, this calculation shall be
18made by utilizing the calendar year 1987 to determine the tax
19amounts received. For the State Fiscal Year 1990, this
20calculation shall be made by utilizing the period from January
211, 1988, until September 30, 1988, to determine the tax amounts
22received from retailers and servicemen pursuant to the
23Municipal Retailers' Occupation Tax and the Municipal Service
24Occupation Tax Act, which shall have deducted therefrom
25nine-twelfths of the certified Initial Sales Tax Amounts, the
26Adjusted Initial Sales Tax Amounts or the Revised Initial Sales

 

 

10000SB1947ham004- 71 -LRB100 09675 MLM 28408 a

1Tax Amounts as appropriate. For the State Fiscal Year 1991,
2this calculation shall be made by utilizing the period from
3October 1, 1988, to June 30, 1989, to determine the tax amounts
4received from retailers and servicemen pursuant to the
5Municipal Retailers' Occupation Tax and the Municipal Service
6Occupation Tax Act which shall have deducted therefrom
7nine-twelfths of the certified Initial Sales Tax Amounts,
8Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
9Tax Amounts as appropriate. For every State Fiscal Year
10thereafter, the applicable period shall be the 12 months
11beginning July 1 and ending June 30 to determine the tax
12amounts received which shall have deducted therefrom the
13certified Initial Sales Tax Amounts, the Adjusted Initial Sales
14Tax Amounts or the Revised Initial Sales Tax Amounts, as the
15case may be.
16    (i) "Net State Sales Tax Increment" means the sum of the
17following: (a) 80% of the first $100,000 of State Sales Tax
18Increment annually generated within a State Sales Tax Boundary;
19(b) 60% of the amount in excess of $100,000 but not exceeding
20$500,000 of State Sales Tax Increment annually generated within
21a State Sales Tax Boundary; and (c) 40% of all amounts in
22excess of $500,000 of State Sales Tax Increment annually
23generated within a State Sales Tax Boundary. If, however, a
24municipality established a tax increment financing district in
25a county with a population in excess of 3,000,000 before
26January 1, 1986, and the municipality entered into a contract

 

 

10000SB1947ham004- 72 -LRB100 09675 MLM 28408 a

1or issued bonds after January 1, 1986, but before December 31,
21986, to finance redevelopment project costs within a State
3Sales Tax Boundary, then the Net State Sales Tax Increment
4means, for the fiscal years beginning July 1, 1990, and July 1,
51991, 100% of the State Sales Tax Increment annually generated
6within a State Sales Tax Boundary; and notwithstanding any
7other provision of this Act, for those fiscal years the
8Department of Revenue shall distribute to those municipalities
9100% of their Net State Sales Tax Increment before any
10distribution to any other municipality and regardless of
11whether or not those other municipalities will receive 100% of
12their Net State Sales Tax Increment. For Fiscal Year 1999, and
13every year thereafter until the year 2007, for any municipality
14that has not entered into a contract or has not issued bonds
15prior to June 1, 1988 to finance redevelopment project costs
16within a State Sales Tax Boundary, the Net State Sales Tax
17Increment shall be calculated as follows: By multiplying the
18Net State Sales Tax Increment by 90% in the State Fiscal Year
191999; 80% in the State Fiscal Year 2000; 70% in the State
20Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
21State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
22in the State Fiscal Year 2005; 20% in the State Fiscal Year
232006; and 10% in the State Fiscal Year 2007. No payment shall
24be made for State Fiscal Year 2008 and thereafter.
25    Municipalities that issued bonds in connection with a
26redevelopment project in a redevelopment project area within

 

 

10000SB1947ham004- 73 -LRB100 09675 MLM 28408 a

1the State Sales Tax Boundary prior to July 29, 1991, or that
2entered into contracts in connection with a redevelopment
3project in a redevelopment project area before June 1, 1988,
4shall continue to receive their proportional share of the
5Illinois Tax Increment Fund distribution until the date on
6which the redevelopment project is completed or terminated. If,
7however, a municipality that issued bonds in connection with a
8redevelopment project in a redevelopment project area within
9the State Sales Tax Boundary prior to July 29, 1991 retires the
10bonds prior to June 30, 2007 or a municipality that entered
11into contracts in connection with a redevelopment project in a
12redevelopment project area before June 1, 1988 completes the
13contracts prior to June 30, 2007, then so long as the
14redevelopment project is not completed or is not terminated,
15the Net State Sales Tax Increment shall be calculated,
16beginning on the date on which the bonds are retired or the
17contracts are completed, as follows: By multiplying the Net
18State Sales Tax Increment by 60% in the State Fiscal Year 2002;
1950% in the State Fiscal Year 2003; 40% in the State Fiscal Year
202004; 30% in the State Fiscal Year 2005; 20% in the State
21Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
22payment shall be made for State Fiscal Year 2008 and
23thereafter. Refunding of any bonds issued prior to July 29,
241991, shall not alter the Net State Sales Tax Increment.
25    (j) "State Utility Tax Increment Amount" means an amount
26equal to the aggregate increase in State electric and gas tax

 

 

10000SB1947ham004- 74 -LRB100 09675 MLM 28408 a

1charges imposed on owners and tenants, other than residential
2customers, of properties located within the redevelopment
3project area under Section 9-222 of the Public Utilities Act,
4over and above the aggregate of such charges as certified by
5the Department of Revenue and paid by owners and tenants, other
6than residential customers, of properties within the
7redevelopment project area during the base year, which shall be
8the calendar year immediately prior to the year of the adoption
9of the ordinance authorizing tax increment allocation
10financing.
11    (k) "Net State Utility Tax Increment" means the sum of the
12following: (a) 80% of the first $100,000 of State Utility Tax
13Increment annually generated by a redevelopment project area;
14(b) 60% of the amount in excess of $100,000 but not exceeding
15$500,000 of the State Utility Tax Increment annually generated
16by a redevelopment project area; and (c) 40% of all amounts in
17excess of $500,000 of State Utility Tax Increment annually
18generated by a redevelopment project area. For the State Fiscal
19Year 1999, and every year thereafter until the year 2007, for
20any municipality that has not entered into a contract or has
21not issued bonds prior to June 1, 1988 to finance redevelopment
22project costs within a redevelopment project area, the Net
23State Utility Tax Increment shall be calculated as follows: By
24multiplying the Net State Utility Tax Increment by 90% in the
25State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
26in the State Fiscal Year 2001; 60% in the State Fiscal Year

 

 

10000SB1947ham004- 75 -LRB100 09675 MLM 28408 a

12002; 50% in the State Fiscal Year 2003; 40% in the State
2Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
3State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
4No payment shall be made for the State Fiscal Year 2008 and
5thereafter.
6    Municipalities that issue bonds in connection with the
7redevelopment project during the period from June 1, 1988 until
83 years after the effective date of this Amendatory Act of 1988
9shall receive the Net State Utility Tax Increment, subject to
10appropriation, for 15 State Fiscal Years after the issuance of
11such bonds. For the 16th through the 20th State Fiscal Years
12after issuance of the bonds, the Net State Utility Tax
13Increment shall be calculated as follows: By multiplying the
14Net State Utility Tax Increment by 90% in year 16; 80% in year
1517; 70% in year 18; 60% in year 19; and 50% in year 20.
16Refunding of any bonds issued prior to June 1, 1988, shall not
17alter the revised Net State Utility Tax Increment payments set
18forth above.
19    (l) "Obligations" mean bonds, loans, debentures, notes,
20special certificates or other evidence of indebtedness issued
21by the municipality to carry out a redevelopment project or to
22refund outstanding obligations.
23    (m) "Payment in lieu of taxes" means those estimated tax
24revenues from real property in a redevelopment project area
25derived from real property that has been acquired by a
26municipality which according to the redevelopment project or

 

 

10000SB1947ham004- 76 -LRB100 09675 MLM 28408 a

1plan is to be used for a private use which taxing districts
2would have received had a municipality not acquired the real
3property and adopted tax increment allocation financing and
4which would result from levies made after the time of the
5adoption of tax increment allocation financing to the time the
6current equalized value of real property in the redevelopment
7project area exceeds the total initial equalized value of real
8property in said area.
9    (n) "Redevelopment plan" means the comprehensive program
10of the municipality for development or redevelopment intended
11by the payment of redevelopment project costs to reduce or
12eliminate those conditions the existence of which qualified the
13redevelopment project area as a "blighted area" or
14"conservation area" or combination thereof or "industrial park
15conservation area," and thereby to enhance the tax bases of the
16taxing districts which extend into the redevelopment project
17area, provided that, with respect to redevelopment project
18areas described in subsections (p-1) and (p-2), "redevelopment
19plan" means the comprehensive program of the affected
20municipality for the development of qualifying transit
21facilities. On and after November 1, 1999 (the effective date
22of Public Act 91-478), no redevelopment plan may be approved or
23amended that includes the development of vacant land (i) with a
24golf course and related clubhouse and other facilities or (ii)
25designated by federal, State, county, or municipal government
26as public land for outdoor recreational activities or for

 

 

10000SB1947ham004- 77 -LRB100 09675 MLM 28408 a

1nature preserves and used for that purpose within 5 years prior
2to the adoption of the redevelopment plan. For the purpose of
3this subsection, "recreational activities" is limited to mean
4camping and hunting. Each redevelopment plan shall set forth in
5writing the program to be undertaken to accomplish the
6objectives and shall include but not be limited to:
7        (A) an itemized list of estimated redevelopment
8    project costs;
9        (B) evidence indicating that the redevelopment project
10    area on the whole has not been subject to growth and
11    development through investment by private enterprise,
12    provided that such evidence shall not be required for any
13    redevelopment project area located within a transit
14    facility improvement area established pursuant to Section
15    11-74.4-3.3;
16        (C) an assessment of any financial impact of the
17    redevelopment project area on or any increased demand for
18    services from any taxing district affected by the plan and
19    any program to address such financial impact or increased
20    demand;
21        (D) the sources of funds to pay costs;
22        (E) the nature and term of the obligations to be
23    issued;
24        (F) the most recent equalized assessed valuation of the
25    redevelopment project area;
26        (G) an estimate as to the equalized assessed valuation

 

 

10000SB1947ham004- 78 -LRB100 09675 MLM 28408 a

1    after redevelopment and the general land uses to apply in
2    the redevelopment project area;
3        (H) a commitment to fair employment practices and an
4    affirmative action plan;
5        (I) if it concerns an industrial park conservation
6    area, the plan shall also include a general description of
7    any proposed developer, user and tenant of any property, a
8    description of the type, structure and general character of
9    the facilities to be developed, a description of the type,
10    class and number of new employees to be employed in the
11    operation of the facilities to be developed; and
12        (J) if property is to be annexed to the municipality,
13    the plan shall include the terms of the annexation
14    agreement.
15    The provisions of items (B) and (C) of this subsection (n)
16shall not apply to a municipality that before March 14, 1994
17(the effective date of Public Act 88-537) had fixed, either by
18its corporate authorities or by a commission designated under
19subsection (k) of Section 11-74.4-4, a time and place for a
20public hearing as required by subsection (a) of Section
2111-74.4-5. No redevelopment plan shall be adopted unless a
22municipality complies with all of the following requirements:
23        (1) The municipality finds that the redevelopment
24    project area on the whole has not been subject to growth
25    and development through investment by private enterprise
26    and would not reasonably be anticipated to be developed

 

 

10000SB1947ham004- 79 -LRB100 09675 MLM 28408 a

1    without the adoption of the redevelopment plan, provided,
2    however, that such a finding shall not be required with
3    respect to any redevelopment project area located within a
4    transit facility improvement area established pursuant to
5    Section 11-74.4-3.3.
6        (2) The municipality finds that the redevelopment plan
7    and project conform to the comprehensive plan for the
8    development of the municipality as a whole, or, for
9    municipalities with a population of 100,000 or more,
10    regardless of when the redevelopment plan and project was
11    adopted, the redevelopment plan and project either: (i)
12    conforms to the strategic economic development or
13    redevelopment plan issued by the designated planning
14    authority of the municipality, or (ii) includes land uses
15    that have been approved by the planning commission of the
16    municipality.
17        (3) The redevelopment plan establishes the estimated
18    dates of completion of the redevelopment project and
19    retirement of obligations issued to finance redevelopment
20    project costs. Those dates may not be later than the dates
21    set forth under Section 11-74.4-3.5.
22        A municipality may by municipal ordinance amend an
23    existing redevelopment plan to conform to this paragraph
24    (3) as amended by Public Act 91-478, which municipal
25    ordinance may be adopted without further hearing or notice
26    and without complying with the procedures provided in this

 

 

10000SB1947ham004- 80 -LRB100 09675 MLM 28408 a

1    Act pertaining to an amendment to or the initial approval
2    of a redevelopment plan and project and designation of a
3    redevelopment project area.
4        (3.5) The municipality finds, in the case of an
5    industrial park conservation area, also that the
6    municipality is a labor surplus municipality and that the
7    implementation of the redevelopment plan will reduce
8    unemployment, create new jobs and by the provision of new
9    facilities enhance the tax base of the taxing districts
10    that extend into the redevelopment project area.
11        (4) If any incremental revenues are being utilized
12    under Section 8(a)(1) or 8(a)(2) of this Act in
13    redevelopment project areas approved by ordinance after
14    January 1, 1986, the municipality finds: (a) that the
15    redevelopment project area would not reasonably be
16    developed without the use of such incremental revenues, and
17    (b) that such incremental revenues will be exclusively
18    utilized for the development of the redevelopment project
19    area.
20        (5) If: (a) the redevelopment plan will not result in
21    displacement of residents from 10 or more inhabited
22    residential units, and the municipality certifies in the
23    plan that such displacement will not result from the plan;
24    or (b) the redevelopment plan is for a redevelopment
25    project area located within a transit facility improvement
26    area established pursuant to Section 11-74.4-3.3, and the

 

 

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1    applicable project is subject to the process for evaluation
2    of environmental effects under the National Environmental
3    Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a
4    housing impact study need not be performed. If, however,
5    the redevelopment plan would result in the displacement of
6    residents from 10 or more inhabited residential units, or
7    if the redevelopment project area contains 75 or more
8    inhabited residential units and no certification is made,
9    then the municipality shall prepare, as part of the
10    separate feasibility report required by subsection (a) of
11    Section 11-74.4-5, a housing impact study.
12        Part I of the housing impact study shall include (i)
13    data as to whether the residential units are single family
14    or multi-family units, (ii) the number and type of rooms
15    within the units, if that information is available, (iii)
16    whether the units are inhabited or uninhabited, as
17    determined not less than 45 days before the date that the
18    ordinance or resolution required by subsection (a) of
19    Section 11-74.4-5 is passed, and (iv) data as to the racial
20    and ethnic composition of the residents in the inhabited
21    residential units. The data requirement as to the racial
22    and ethnic composition of the residents in the inhabited
23    residential units shall be deemed to be fully satisfied by
24    data from the most recent federal census.
25        Part II of the housing impact study shall identify the
26    inhabited residential units in the proposed redevelopment

 

 

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1    project area that are to be or may be removed. If inhabited
2    residential units are to be removed, then the housing
3    impact study shall identify (i) the number and location of
4    those units that will or may be removed, (ii) the
5    municipality's plans for relocation assistance for those
6    residents in the proposed redevelopment project area whose
7    residences are to be removed, (iii) the availability of
8    replacement housing for those residents whose residences
9    are to be removed, and shall identify the type, location,
10    and cost of the housing, and (iv) the type and extent of
11    relocation assistance to be provided.
12        (6) On and after November 1, 1999, the housing impact
13    study required by paragraph (5) shall be incorporated in
14    the redevelopment plan for the redevelopment project area.
15        (7) On and after November 1, 1999, no redevelopment
16    plan shall be adopted, nor an existing plan amended, nor
17    shall residential housing that is occupied by households of
18    low-income and very low-income persons in currently
19    existing redevelopment project areas be removed after
20    November 1, 1999 unless the redevelopment plan provides,
21    with respect to inhabited housing units that are to be
22    removed for households of low-income and very low-income
23    persons, affordable housing and relocation assistance not
24    less than that which would be provided under the federal
25    Uniform Relocation Assistance and Real Property
26    Acquisition Policies Act of 1970 and the regulations under

 

 

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1    that Act, including the eligibility criteria. Affordable
2    housing may be either existing or newly constructed
3    housing. For purposes of this paragraph (7), "low-income
4    households", "very low-income households", and "affordable
5    housing" have the meanings set forth in the Illinois
6    Affordable Housing Act. The municipality shall make a good
7    faith effort to ensure that this affordable housing is
8    located in or near the redevelopment project area within
9    the municipality.
10        (8) On and after November 1, 1999, if, after the
11    adoption of the redevelopment plan for the redevelopment
12    project area, any municipality desires to amend its
13    redevelopment plan to remove more inhabited residential
14    units than specified in its original redevelopment plan,
15    that change shall be made in accordance with the procedures
16    in subsection (c) of Section 11-74.4-5.
17        (9) For redevelopment project areas designated prior
18    to November 1, 1999, the redevelopment plan may be amended
19    without further joint review board meeting or hearing,
20    provided that the municipality shall give notice of any
21    such changes by mail to each affected taxing district and
22    registrant on the interested party registry, to authorize
23    the municipality to expend tax increment revenues for
24    redevelopment project costs defined by paragraphs (5) and
25    (7.5), subparagraphs (E) and (F) of paragraph (11), and
26    paragraph (11.5) of subsection (q) of Section 11-74.4-3, so

 

 

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1    long as the changes do not increase the total estimated
2    redevelopment project costs set out in the redevelopment
3    plan by more than 5% after adjustment for inflation from
4    the date the plan was adopted.
5    (o) "Redevelopment project" means any public and private
6development project in furtherance of the objectives of a
7redevelopment plan. On and after November 1, 1999 (the
8effective date of Public Act 91-478), no redevelopment plan may
9be approved or amended that includes the development of vacant
10land (i) with a golf course and related clubhouse and other
11facilities or (ii) designated by federal, State, county, or
12municipal government as public land for outdoor recreational
13activities or for nature preserves and used for that purpose
14within 5 years prior to the adoption of the redevelopment plan.
15For the purpose of this subsection, "recreational activities"
16is limited to mean camping and hunting.
17    (p) "Redevelopment project area" means an area designated
18by the municipality, which is not less in the aggregate than 1
191/2 acres and in respect to which the municipality has made a
20finding that there exist conditions which cause the area to be
21classified as an industrial park conservation area or a
22blighted area or a conservation area, or a combination of both
23blighted areas and conservation areas.
24    (p-1) Notwithstanding any provision of this Act to the
25contrary, on and after August 25, 2009 (the effective date of
26Public Act 96-680), a redevelopment project area may include

 

 

10000SB1947ham004- 85 -LRB100 09675 MLM 28408 a

1areas within a one-half mile radius of an existing or proposed
2Regional Transportation Authority Suburban Transit Access
3Route (STAR Line) station without a finding that the area is
4classified as an industrial park conservation area, a blighted
5area, a conservation area, or a combination thereof, but only
6if the municipality receives unanimous consent from the joint
7review board created to review the proposed redevelopment
8project area.
9    (p-2) Notwithstanding any provision of this Act to the
10contrary, on and after the effective date of this amendatory
11Act of the 99th General Assembly, a redevelopment project area
12may include areas within a transit facility improvement area
13that has been established pursuant to Section 11-74.4-3.3
14without a finding that the area is classified as an industrial
15park conservation area, a blighted area, a conservation area,
16or any combination thereof.
17    (q) "Redevelopment project costs", except for
18redevelopment project areas created pursuant to subsection
19subsections (p-1) or (p-2), means and includes the sum total of
20all reasonable or necessary costs incurred or estimated to be
21incurred, and any such costs incidental to a redevelopment plan
22and a redevelopment project. Such costs include, without
23limitation, the following:
24        (1) Costs of studies, surveys, development of plans,
25    and specifications, implementation and administration of
26    the redevelopment plan including but not limited to staff

 

 

10000SB1947ham004- 86 -LRB100 09675 MLM 28408 a

1    and professional service costs for architectural,
2    engineering, legal, financial, planning or other services,
3    provided however that no charges for professional services
4    may be based on a percentage of the tax increment
5    collected; except that on and after November 1, 1999 (the
6    effective date of Public Act 91-478), no contracts for
7    professional services, excluding architectural and
8    engineering services, may be entered into if the terms of
9    the contract extend beyond a period of 3 years. In
10    addition, "redevelopment project costs" shall not include
11    lobbying expenses. After consultation with the
12    municipality, each tax increment consultant or advisor to a
13    municipality that plans to designate or has designated a
14    redevelopment project area shall inform the municipality
15    in writing of any contracts that the consultant or advisor
16    has entered into with entities or individuals that have
17    received, or are receiving, payments financed by tax
18    increment revenues produced by the redevelopment project
19    area with respect to which the consultant or advisor has
20    performed, or will be performing, service for the
21    municipality. This requirement shall be satisfied by the
22    consultant or advisor before the commencement of services
23    for the municipality and thereafter whenever any other
24    contracts with those individuals or entities are executed
25    by the consultant or advisor;
26        (1.5) After July 1, 1999, annual administrative costs

 

 

10000SB1947ham004- 87 -LRB100 09675 MLM 28408 a

1    shall not include general overhead or administrative costs
2    of the municipality that would still have been incurred by
3    the municipality if the municipality had not designated a
4    redevelopment project area or approved a redevelopment
5    plan;
6        (1.6) The cost of marketing sites within the
7    redevelopment project area to prospective businesses,
8    developers, and investors;
9        (2) Property assembly costs, including but not limited
10    to acquisition of land and other property, real or
11    personal, or rights or interests therein, demolition of
12    buildings, site preparation, site improvements that serve
13    as an engineered barrier addressing ground level or below
14    ground environmental contamination, including, but not
15    limited to parking lots and other concrete or asphalt
16    barriers, and the clearing and grading of land;
17        (3) Costs of rehabilitation, reconstruction or repair
18    or remodeling of existing public or private buildings,
19    fixtures, and leasehold improvements; and the cost of
20    replacing an existing public building if pursuant to the
21    implementation of a redevelopment project the existing
22    public building is to be demolished to use the site for
23    private investment or devoted to a different use requiring
24    private investment; including any direct or indirect costs
25    relating to Green Globes or LEED certified construction
26    elements or construction elements with an equivalent

 

 

10000SB1947ham004- 88 -LRB100 09675 MLM 28408 a

1    certification;
2        (4) Costs of the construction of public works or
3    improvements, including any direct or indirect costs
4    relating to Green Globes or LEED certified construction
5    elements or construction elements with an equivalent
6    certification, except that on and after November 1, 1999,
7    redevelopment project costs shall not include the cost of
8    constructing a new municipal public building principally
9    used to provide offices, storage space, or conference
10    facilities or vehicle storage, maintenance, or repair for
11    administrative, public safety, or public works personnel
12    and that is not intended to replace an existing public
13    building as provided under paragraph (3) of subsection (q)
14    of Section 11-74.4-3 unless either (i) the construction of
15    the new municipal building implements a redevelopment
16    project that was included in a redevelopment plan that was
17    adopted by the municipality prior to November 1, 1999, (ii)
18    the municipality makes a reasonable determination in the
19    redevelopment plan, supported by information that provides
20    the basis for that determination, that the new municipal
21    building is required to meet an increase in the need for
22    public safety purposes anticipated to result from the
23    implementation of the redevelopment plan, or (iii) the new
24    municipal public building is for the storage, maintenance,
25    or repair of transit vehicles and is located in a transit
26    facility improvement area that has been established

 

 

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1    pursuant to Section 11-74.4-3.3;
2        (5) Costs of job training and retraining projects,
3    including the cost of "welfare to work" programs
4    implemented by businesses located within the redevelopment
5    project area;
6        (6) Financing costs, including but not limited to all
7    necessary and incidental expenses related to the issuance
8    of obligations and which may include payment of interest on
9    any obligations issued hereunder including interest
10    accruing during the estimated period of construction of any
11    redevelopment project for which such obligations are
12    issued and for not exceeding 36 months thereafter and
13    including reasonable reserves related thereto;
14        (7) To the extent the municipality by written agreement
15    accepts and approves the same, all or a portion of a taxing
16    district's capital costs resulting from the redevelopment
17    project necessarily incurred or to be incurred within a
18    taxing district in furtherance of the objectives of the
19    redevelopment plan and project; .
20        (7.5) For redevelopment project areas designated (or
21    redevelopment project areas amended to add or increase the
22    number of tax-increment-financing assisted housing units)
23    on or after November 1, 1999, an elementary, secondary, or
24    unit school district's increased costs attributable to
25    assisted housing units located within the redevelopment
26    project area for which the developer or redeveloper

 

 

10000SB1947ham004- 90 -LRB100 09675 MLM 28408 a

1    receives financial assistance through an agreement with
2    the municipality or because the municipality incurs the
3    cost of necessary infrastructure improvements within the
4    boundaries of the assisted housing sites necessary for the
5    completion of that housing as authorized by this Act, and
6    which costs shall be paid by the municipality from the
7    Special Tax Allocation Fund when the tax increment revenue
8    is received as a result of the assisted housing units and
9    shall be calculated annually as follows:
10            (A) for foundation districts, excluding any school
11        district in a municipality with a population in excess
12        of 1,000,000, by multiplying the district's increase
13        in attendance resulting from the net increase in new
14        students enrolled in that school district who reside in
15        housing units within the redevelopment project area
16        that have received financial assistance through an
17        agreement with the municipality or because the
18        municipality incurs the cost of necessary
19        infrastructure improvements within the boundaries of
20        the housing sites necessary for the completion of that
21        housing as authorized by this Act since the designation
22        of the redevelopment project area by the most recently
23        available per capita tuition cost as defined in Section
24        10-20.12a of the School Code less any increase in
25        general State aid as defined in Section 18-8.05 of the
26        School Code or evidence-based funding as defined in

 

 

10000SB1947ham004- 91 -LRB100 09675 MLM 28408 a

1        Section 18-8.15 of the School Code attributable to
2        these added new students subject to the following
3        annual limitations:
4                (i) for unit school districts with a district
5            average 1995-96 Per Capita Tuition Charge of less
6            than $5,900, no more than 25% of the total amount
7            of property tax increment revenue produced by
8            those housing units that have received tax
9            increment finance assistance under this Act;
10                (ii) for elementary school districts with a
11            district average 1995-96 Per Capita Tuition Charge
12            of less than $5,900, no more than 17% of the total
13            amount of property tax increment revenue produced
14            by those housing units that have received tax
15            increment finance assistance under this Act; and
16                (iii) for secondary school districts with a
17            district average 1995-96 Per Capita Tuition Charge
18            of less than $5,900, no more than 8% of the total
19            amount of property tax increment revenue produced
20            by those housing units that have received tax
21            increment finance assistance under this Act.
22            (B) For alternate method districts, flat grant
23        districts, and foundation districts with a district
24        average 1995-96 Per Capita Tuition Charge equal to or
25        more than $5,900, excluding any school district with a
26        population in excess of 1,000,000, by multiplying the

 

 

10000SB1947ham004- 92 -LRB100 09675 MLM 28408 a

1        district's increase in attendance resulting from the
2        net increase in new students enrolled in that school
3        district who reside in housing units within the
4        redevelopment project area that have received
5        financial assistance through an agreement with the
6        municipality or because the municipality incurs the
7        cost of necessary infrastructure improvements within
8        the boundaries of the housing sites necessary for the
9        completion of that housing as authorized by this Act
10        since the designation of the redevelopment project
11        area by the most recently available per capita tuition
12        cost as defined in Section 10-20.12a of the School Code
13        less any increase in general state aid as defined in
14        Section 18-8.05 of the School Code or evidence-based
15        funding as defined in Section 18-8.15 of the School
16        Code attributable to these added new students subject
17        to the following annual limitations:
18                (i) for unit school districts, no more than 40%
19            of the total amount of property tax increment
20            revenue produced by those housing units that have
21            received tax increment finance assistance under
22            this Act;
23                (ii) for elementary school districts, no more
24            than 27% of the total amount of property tax
25            increment revenue produced by those housing units
26            that have received tax increment finance

 

 

10000SB1947ham004- 93 -LRB100 09675 MLM 28408 a

1            assistance under this Act; and
2                (iii) for secondary school districts, no more
3            than 13% of the total amount of property tax
4            increment revenue produced by those housing units
5            that have received tax increment finance
6            assistance under this Act.
7            (C) For any school district in a municipality with
8        a population in excess of 1,000,000, the following
9        restrictions shall apply to the reimbursement of
10        increased costs under this paragraph (7.5):
11                (i) no increased costs shall be reimbursed
12            unless the school district certifies that each of
13            the schools affected by the assisted housing
14            project is at or over its student capacity;
15                (ii) the amount reimbursable shall be reduced
16            by the value of any land donated to the school
17            district by the municipality or developer, and by
18            the value of any physical improvements made to the
19            schools by the municipality or developer; and
20                (iii) the amount reimbursed may not affect
21            amounts otherwise obligated by the terms of any
22            bonds, notes, or other funding instruments, or the
23            terms of any redevelopment agreement.
24        Any school district seeking payment under this
25        paragraph (7.5) shall, after July 1 and before
26        September 30 of each year, provide the municipality

 

 

10000SB1947ham004- 94 -LRB100 09675 MLM 28408 a

1        with reasonable evidence to support its claim for
2        reimbursement before the municipality shall be
3        required to approve or make the payment to the school
4        district. If the school district fails to provide the
5        information during this period in any year, it shall
6        forfeit any claim to reimbursement for that year.
7        School districts may adopt a resolution waiving the
8        right to all or a portion of the reimbursement
9        otherwise required by this paragraph (7.5). By
10        acceptance of this reimbursement the school district
11        waives the right to directly or indirectly set aside,
12        modify, or contest in any manner the establishment of
13        the redevelopment project area or projects;
14        (7.7) For redevelopment project areas designated (or
15    redevelopment project areas amended to add or increase the
16    number of tax-increment-financing assisted housing units)
17    on or after January 1, 2005 (the effective date of Public
18    Act 93-961), a public library district's increased costs
19    attributable to assisted housing units located within the
20    redevelopment project area for which the developer or
21    redeveloper receives financial assistance through an
22    agreement with the municipality or because the
23    municipality incurs the cost of necessary infrastructure
24    improvements within the boundaries of the assisted housing
25    sites necessary for the completion of that housing as
26    authorized by this Act shall be paid to the library

 

 

10000SB1947ham004- 95 -LRB100 09675 MLM 28408 a

1    district by the municipality from the Special Tax
2    Allocation Fund when the tax increment revenue is received
3    as a result of the assisted housing units. This paragraph
4    (7.7) applies only if (i) the library district is located
5    in a county that is subject to the Property Tax Extension
6    Limitation Law or (ii) the library district is not located
7    in a county that is subject to the Property Tax Extension
8    Limitation Law but the district is prohibited by any other
9    law from increasing its tax levy rate without a prior voter
10    referendum.
11        The amount paid to a library district under this
12    paragraph (7.7) shall be calculated by multiplying (i) the
13    net increase in the number of persons eligible to obtain a
14    library card in that district who reside in housing units
15    within the redevelopment project area that have received
16    financial assistance through an agreement with the
17    municipality or because the municipality incurs the cost of
18    necessary infrastructure improvements within the
19    boundaries of the housing sites necessary for the
20    completion of that housing as authorized by this Act since
21    the designation of the redevelopment project area by (ii)
22    the per-patron cost of providing library services so long
23    as it does not exceed $120. The per-patron cost shall be
24    the Total Operating Expenditures Per Capita for the library
25    in the previous fiscal year. The municipality may deduct
26    from the amount that it must pay to a library district

 

 

10000SB1947ham004- 96 -LRB100 09675 MLM 28408 a

1    under this paragraph any amount that it has voluntarily
2    paid to the library district from the tax increment
3    revenue. The amount paid to a library district under this
4    paragraph (7.7) shall be no more than 2% of the amount
5    produced by the assisted housing units and deposited into
6    the Special Tax Allocation Fund.
7        A library district is not eligible for any payment
8    under this paragraph (7.7) unless the library district has
9    experienced an increase in the number of patrons from the
10    municipality that created the tax-increment-financing
11    district since the designation of the redevelopment
12    project area.
13        Any library district seeking payment under this
14    paragraph (7.7) shall, after July 1 and before September 30
15    of each year, provide the municipality with convincing
16    evidence to support its claim for reimbursement before the
17    municipality shall be required to approve or make the
18    payment to the library district. If the library district
19    fails to provide the information during this period in any
20    year, it shall forfeit any claim to reimbursement for that
21    year. Library districts may adopt a resolution waiving the
22    right to all or a portion of the reimbursement otherwise
23    required by this paragraph (7.7). By acceptance of such
24    reimbursement, the library district shall forfeit any
25    right to directly or indirectly set aside, modify, or
26    contest in any manner whatsoever the establishment of the

 

 

10000SB1947ham004- 97 -LRB100 09675 MLM 28408 a

1    redevelopment project area or projects;
2        (8) Relocation costs to the extent that a municipality
3    determines that relocation costs shall be paid or is
4    required to make payment of relocation costs by federal or
5    State law or in order to satisfy subparagraph (7) of
6    subsection (n);
7        (9) Payment in lieu of taxes;
8        (10) Costs of job training, retraining, advanced
9    vocational education or career education, including but
10    not limited to courses in occupational, semi-technical or
11    technical fields leading directly to employment, incurred
12    by one or more taxing districts, provided that such costs
13    (i) are related to the establishment and maintenance of
14    additional job training, advanced vocational education or
15    career education programs for persons employed or to be
16    employed by employers located in a redevelopment project
17    area; and (ii) when incurred by a taxing district or taxing
18    districts other than the municipality, are set forth in a
19    written agreement by or among the municipality and the
20    taxing district or taxing districts, which agreement
21    describes the program to be undertaken, including but not
22    limited to the number of employees to be trained, a
23    description of the training and services to be provided,
24    the number and type of positions available or to be
25    available, itemized costs of the program and sources of
26    funds to pay for the same, and the term of the agreement.

 

 

10000SB1947ham004- 98 -LRB100 09675 MLM 28408 a

1    Such costs include, specifically, the payment by community
2    college districts of costs pursuant to Sections 3-37, 3-38,
3    3-40 and 3-40.1 of the Public Community College Act and by
4    school districts of costs pursuant to Sections 10-22.20a
5    and 10-23.3a of the The School Code;
6        (11) Interest cost incurred by a redeveloper related to
7    the construction, renovation or rehabilitation of a
8    redevelopment project provided that:
9            (A) such costs are to be paid directly from the
10        special tax allocation fund established pursuant to
11        this Act;
12            (B) such payments in any one year may not exceed
13        30% of the annual interest costs incurred by the
14        redeveloper with regard to the redevelopment project
15        during that year;
16            (C) if there are not sufficient funds available in
17        the special tax allocation fund to make the payment
18        pursuant to this paragraph (11) then the amounts so due
19        shall accrue and be payable when sufficient funds are
20        available in the special tax allocation fund;
21            (D) the total of such interest payments paid
22        pursuant to this Act may not exceed 30% of the total
23        (i) cost paid or incurred by the redeveloper for the
24        redevelopment project plus (ii) redevelopment project
25        costs excluding any property assembly costs and any
26        relocation costs incurred by a municipality pursuant

 

 

10000SB1947ham004- 99 -LRB100 09675 MLM 28408 a

1        to this Act; and
2            (E) the cost limits set forth in subparagraphs (B)
3        and (D) of paragraph (11) shall be modified for the
4        financing of rehabilitated or new housing units for
5        low-income households and very low-income households,
6        as defined in Section 3 of the Illinois Affordable
7        Housing Act. The percentage of 75% shall be substituted
8        for 30% in subparagraphs (B) and (D) of paragraph (11);
9        and .
10            (F) instead Instead of the eligible costs provided
11        by subparagraphs (B) and (D) of paragraph (11), as
12        modified by this subparagraph, and notwithstanding any
13        other provisions of this Act to the contrary, the
14        municipality may pay from tax increment revenues up to
15        50% of the cost of construction of new housing units to
16        be occupied by low-income households and very
17        low-income households as defined in Section 3 of the
18        Illinois Affordable Housing Act. The cost of
19        construction of those units may be derived from the
20        proceeds of bonds issued by the municipality under this
21        Act or other constitutional or statutory authority or
22        from other sources of municipal revenue that may be
23        reimbursed from tax increment revenues or the proceeds
24        of bonds issued to finance the construction of that
25        housing.
26            The eligible costs provided under this

 

 

10000SB1947ham004- 100 -LRB100 09675 MLM 28408 a

1        subparagraph (F) of paragraph (11) shall be an eligible
2        cost for the construction, renovation, and
3        rehabilitation of all low and very low-income housing
4        units, as defined in Section 3 of the Illinois
5        Affordable Housing Act, within the redevelopment
6        project area. If the low and very low-income units are
7        part of a residential redevelopment project that
8        includes units not affordable to low and very
9        low-income households, only the low and very
10        low-income units shall be eligible for benefits under
11        this subparagraph (F) of paragraph (11). The standards
12        for maintaining the occupancy by low-income households
13        and very low-income households, as defined in Section 3
14        of the Illinois Affordable Housing Act, of those units
15        constructed with eligible costs made available under
16        the provisions of this subparagraph (F) of paragraph
17        (11) shall be established by guidelines adopted by the
18        municipality. The responsibility for annually
19        documenting the initial occupancy of the units by
20        low-income households and very low-income households,
21        as defined in Section 3 of the Illinois Affordable
22        Housing Act, shall be that of the then current owner of
23        the property. For ownership units, the guidelines will
24        provide, at a minimum, for a reasonable recapture of
25        funds, or other appropriate methods designed to
26        preserve the original affordability of the ownership

 

 

10000SB1947ham004- 101 -LRB100 09675 MLM 28408 a

1        units. For rental units, the guidelines will provide,
2        at a minimum, for the affordability of rent to low and
3        very low-income households. As units become available,
4        they shall be rented to income-eligible tenants. The
5        municipality may modify these guidelines from time to
6        time; the guidelines, however, shall be in effect for
7        as long as tax increment revenue is being used to pay
8        for costs associated with the units or for the
9        retirement of bonds issued to finance the units or for
10        the life of the redevelopment project area, whichever
11        is later; .
12        (11.5) If the redevelopment project area is located
13    within a municipality with a population of more than
14    100,000, the cost of day care services for children of
15    employees from low-income families working for businesses
16    located within the redevelopment project area and all or a
17    portion of the cost of operation of day care centers
18    established by redevelopment project area businesses to
19    serve employees from low-income families working in
20    businesses located in the redevelopment project area. For
21    the purposes of this paragraph, "low-income families"
22    means families whose annual income does not exceed 80% of
23    the municipal, county, or regional median income, adjusted
24    for family size, as the annual income and municipal,
25    county, or regional median income are determined from time
26    to time by the United States Department of Housing and

 

 

10000SB1947ham004- 102 -LRB100 09675 MLM 28408 a

1    Urban Development.
2    (12) Unless explicitly stated herein the cost of
3construction of new privately-owned buildings shall not be an
4eligible redevelopment project cost.
5    (13) After November 1, 1999 (the effective date of Public
6Act 91-478), none of the redevelopment project costs enumerated
7in this subsection shall be eligible redevelopment project
8costs if those costs would provide direct financial support to
9a retail entity initiating operations in the redevelopment
10project area while terminating operations at another Illinois
11location within 10 miles of the redevelopment project area but
12outside the boundaries of the redevelopment project area
13municipality. For purposes of this paragraph, termination
14means a closing of a retail operation that is directly related
15to the opening of the same operation or like retail entity
16owned or operated by more than 50% of the original ownership in
17a redevelopment project area, but it does not mean closing an
18operation for reasons beyond the control of the retail entity,
19as documented by the retail entity, subject to a reasonable
20finding by the municipality that the current location contained
21inadequate space, had become economically obsolete, or was no
22longer a viable location for the retailer or serviceman.
23    (14) No cost shall be a redevelopment project cost in a
24redevelopment project area if used to demolish, remove, or
25substantially modify a historic resource, after August 26, 2008
26(the effective date of Public Act 95-934), unless no prudent

 

 

10000SB1947ham004- 103 -LRB100 09675 MLM 28408 a

1and feasible alternative exists. "Historic resource" for the
2purpose of this paragraph item (14) means (i) a place or
3structure that is included or eligible for inclusion on the
4National Register of Historic Places or (ii) a contributing
5structure in a district on the National Register of Historic
6Places. This paragraph item (14) does not apply to a place or
7structure for which demolition, removal, or modification is
8subject to review by the preservation agency of a Certified
9Local Government designated as such by the National Park
10Service of the United States Department of the Interior.
11    If a special service area has been established pursuant to
12the Special Service Area Tax Act or Special Service Area Tax
13Law, then any tax increment revenues derived from the tax
14imposed pursuant to the Special Service Area Tax Act or Special
15Service Area Tax Law may be used within the redevelopment
16project area for the purposes permitted by that Act or Law as
17well as the purposes permitted by this Act.
18    (q-1) For redevelopment project areas created pursuant to
19subsection (p-1), redevelopment project costs are limited to
20those costs in paragraph (q) that are related to the existing
21or proposed Regional Transportation Authority Suburban Transit
22Access Route (STAR Line) station.
23    (q-2) For a redevelopment project area located within a
24transit facility improvement area established pursuant to
25Section 11-74.4-3.3, redevelopment project costs means those
26costs described in subsection (q) that are related to the

 

 

10000SB1947ham004- 104 -LRB100 09675 MLM 28408 a

1construction, reconstruction, rehabilitation, remodeling, or
2repair of any existing or proposed transit facility.
3    (r) "State Sales Tax Boundary" means the redevelopment
4project area or the amended redevelopment project area
5boundaries which are determined pursuant to subsection (9) of
6Section 11-74.4-8a of this Act. The Department of Revenue shall
7certify pursuant to subsection (9) of Section 11-74.4-8a the
8appropriate boundaries eligible for the determination of State
9Sales Tax Increment.
10    (s) "State Sales Tax Increment" means an amount equal to
11the increase in the aggregate amount of taxes paid by retailers
12and servicemen, other than retailers and servicemen subject to
13the Public Utilities Act, on transactions at places of business
14located within a State Sales Tax Boundary pursuant to the
15Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
16Tax Act, and the Service Occupation Tax Act, except such
17portion of such increase that is paid into the State and Local
18Sales Tax Reform Fund, the Local Government Distributive Fund,
19the Local Government Tax Fund and the County and Mass Transit
20District Fund, for as long as State participation exists, over
21and above the Initial Sales Tax Amounts, Adjusted Initial Sales
22Tax Amounts or the Revised Initial Sales Tax Amounts for such
23taxes as certified by the Department of Revenue and paid under
24those Acts by retailers and servicemen on transactions at
25places of business located within the State Sales Tax Boundary
26during the base year which shall be the calendar year

 

 

10000SB1947ham004- 105 -LRB100 09675 MLM 28408 a

1immediately prior to the year in which the municipality adopted
2tax increment allocation financing, less 3.0% of such amounts
3generated under the Retailers' Occupation Tax Act, Use Tax Act
4and Service Use Tax Act and the Service Occupation Tax Act,
5which sum shall be appropriated to the Department of Revenue to
6cover its costs of administering and enforcing this Section.
7For purposes of computing the aggregate amount of such taxes
8for base years occurring prior to 1985, the Department of
9Revenue shall compute the Initial Sales Tax Amount for such
10taxes and deduct therefrom an amount equal to 4% of the
11aggregate amount of taxes per year for each year the base year
12is prior to 1985, but not to exceed a total deduction of 12%.
13The amount so determined shall be known as the "Adjusted
14Initial Sales Tax Amount". For purposes of determining the
15State Sales Tax Increment the Department of Revenue shall for
16each period subtract from the tax amounts received from
17retailers and servicemen on transactions located in the State
18Sales Tax Boundary, the certified Initial Sales Tax Amounts,
19Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
20Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
21the Service Use Tax Act and the Service Occupation Tax Act. For
22the State Fiscal Year 1989 this calculation shall be made by
23utilizing the calendar year 1987 to determine the tax amounts
24received. For the State Fiscal Year 1990, this calculation
25shall be made by utilizing the period from January 1, 1988,
26until September 30, 1988, to determine the tax amounts received

 

 

10000SB1947ham004- 106 -LRB100 09675 MLM 28408 a

1from retailers and servicemen, which shall have deducted
2therefrom nine-twelfths of the certified Initial Sales Tax
3Amounts, Adjusted Initial Sales Tax Amounts or the Revised
4Initial Sales Tax Amounts as appropriate. For the State Fiscal
5Year 1991, this calculation shall be made by utilizing the
6period from October 1, 1988, until June 30, 1989, to determine
7the tax amounts received from retailers and servicemen, which
8shall have deducted therefrom nine-twelfths of the certified
9Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
10Amounts or the Revised Initial Sales Tax Amounts as
11appropriate. For every State Fiscal Year thereafter, the
12applicable period shall be the 12 months beginning July 1 and
13ending on June 30, to determine the tax amounts received which
14shall have deducted therefrom the certified Initial Sales Tax
15Amounts, Adjusted Initial Sales Tax Amounts or the Revised
16Initial Sales Tax Amounts. Municipalities intending to receive
17a distribution of State Sales Tax Increment must report a list
18of retailers to the Department of Revenue by October 31, 1988
19and by July 31, of each year thereafter.
20    (t) "Taxing districts" means counties, townships, cities
21and incorporated towns and villages, school, road, park,
22sanitary, mosquito abatement, forest preserve, public health,
23fire protection, river conservancy, tuberculosis sanitarium
24and any other municipal corporations or districts with the
25power to levy taxes.
26    (u) "Taxing districts' capital costs" means those costs of

 

 

10000SB1947ham004- 107 -LRB100 09675 MLM 28408 a

1taxing districts for capital improvements that are found by the
2municipal corporate authorities to be necessary and directly
3result from the redevelopment project.
4    (v) As used in subsection (a) of Section 11-74.4-3 of this
5Act, "vacant land" means any parcel or combination of parcels
6of real property without industrial, commercial, and
7residential buildings which has not been used for commercial
8agricultural purposes within 5 years prior to the designation
9of the redevelopment project area, unless the parcel is
10included in an industrial park conservation area or the parcel
11has been subdivided; provided that if the parcel was part of a
12larger tract that has been divided into 3 or more smaller
13tracts that were accepted for recording during the period from
141950 to 1990, then the parcel shall be deemed to have been
15subdivided, and all proceedings and actions of the municipality
16taken in that connection with respect to any previously
17approved or designated redevelopment project area or amended
18redevelopment project area are hereby validated and hereby
19declared to be legally sufficient for all purposes of this Act.
20For purposes of this Section and only for land subject to the
21subdivision requirements of the Plat Act, land is subdivided
22when the original plat of the proposed Redevelopment Project
23Area or relevant portion thereof has been properly certified,
24acknowledged, approved, and recorded or filed in accordance
25with the Plat Act and a preliminary plat, if any, for any
26subsequent phases of the proposed Redevelopment Project Area or

 

 

10000SB1947ham004- 108 -LRB100 09675 MLM 28408 a

1relevant portion thereof has been properly approved and filed
2in accordance with the applicable ordinance of the
3municipality.
4    (w) "Annual Total Increment" means the sum of each
5municipality's annual Net Sales Tax Increment and each
6municipality's annual Net Utility Tax Increment. The ratio of
7the Annual Total Increment of each municipality to the Annual
8Total Increment for all municipalities, as most recently
9calculated by the Department, shall determine the proportional
10shares of the Illinois Tax Increment Fund to be distributed to
11each municipality.
12    (x) "LEED certified" means any certification level of
13construction elements by a qualified Leadership in Energy and
14Environmental Design Accredited Professional as determined by
15the U.S. Green Building Council.
16    (y) "Green Globes certified" means any certification level
17of construction elements by a qualified Green Globes
18Professional as determined by the Green Building Initiative.
19(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
 
20    (65 ILCS 5/11-74.4-8)   (from Ch. 24, par. 11-74.4-8)
21    Sec. 11-74.4-8. Tax increment allocation financing. A
22municipality may not adopt tax increment financing in a
23redevelopment project area after the effective date of this
24amendatory Act of 1997 that will encompass an area that is
25currently included in an enterprise zone created under the

 

 

10000SB1947ham004- 109 -LRB100 09675 MLM 28408 a

1Illinois Enterprise Zone Act unless that municipality,
2pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
3amends the enterprise zone designating ordinance to limit the
4eligibility for tax abatements as provided in Section 5.4.1 of
5the Illinois Enterprise Zone Act. A municipality, at the time a
6redevelopment project area is designated, may adopt tax
7increment allocation financing by passing an ordinance
8providing that the ad valorem taxes, if any, arising from the
9levies upon taxable real property in such redevelopment project
10area by taxing districts and tax rates determined in the manner
11provided in paragraph (c) of Section 11-74.4-9 each year after
12the effective date of the ordinance until redevelopment project
13costs and all municipal obligations financing redevelopment
14project costs incurred under this Division have been paid shall
15be divided as follows, provided, however, that with respect to
16any redevelopment project area located within a transit
17facility improvement area established pursuant to Section
1811-74.4-3.3 in a municipality with a population of 1,000,000 or
19more, ad valorem taxes, if any, arising from the levies upon
20taxable real property in such redevelopment project area shall
21be allocated as specifically provided in this Section:
22        (a) That portion of taxes levied upon each taxable lot,
23    block, tract or parcel of real property which is
24    attributable to the lower of the current equalized assessed
25    value or the initial equalized assessed value of each such
26    taxable lot, block, tract or parcel of real property in the

 

 

10000SB1947ham004- 110 -LRB100 09675 MLM 28408 a

1    redevelopment project area shall be allocated to and when
2    collected shall be paid by the county collector to the
3    respective affected taxing districts in the manner
4    required by law in the absence of the adoption of tax
5    increment allocation financing.
6        (b) Except from a tax levied by a township to retire
7    bonds issued to satisfy court-ordered damages, that
8    portion, if any, of such taxes which is attributable to the
9    increase in the current equalized assessed valuation of
10    each taxable lot, block, tract or parcel of real property
11    in the redevelopment project area over and above the
12    initial equalized assessed value of each property in the
13    project area shall be allocated to and when collected shall
14    be paid to the municipal treasurer who shall deposit said
15    taxes into a special fund called the special tax allocation
16    fund of the municipality for the purpose of paying
17    redevelopment project costs and obligations incurred in
18    the payment thereof. In any county with a population of
19    3,000,000 or more that has adopted a procedure for
20    collecting taxes that provides for one or more of the
21    installments of the taxes to be billed and collected on an
22    estimated basis, the municipal treasurer shall be paid for
23    deposit in the special tax allocation fund of the
24    municipality, from the taxes collected from estimated
25    bills issued for property in the redevelopment project
26    area, the difference between the amount actually collected

 

 

10000SB1947ham004- 111 -LRB100 09675 MLM 28408 a

1    from each taxable lot, block, tract, or parcel of real
2    property within the redevelopment project area and an
3    amount determined by multiplying the rate at which taxes
4    were last extended against the taxable lot, block, track,
5    or parcel of real property in the manner provided in
6    subsection (c) of Section 11-74.4-9 by the initial
7    equalized assessed value of the property divided by the
8    number of installments in which real estate taxes are
9    billed and collected within the county; provided that the
10    payments on or before December 31, 1999 to a municipal
11    treasurer shall be made only if each of the following
12    conditions are met:
13        (1) The total equalized assessed value of the
14        redevelopment project area as last determined was not
15        less than 175% of the total initial equalized assessed
16        value.
17        (2) Not more than 50% of the total equalized assessed
18        value of the redevelopment project area as last
19        determined is attributable to a piece of property
20        assigned a single real estate index number.
21        (3) The municipal clerk has certified to the county
22        clerk that the municipality has issued its obligations
23        to which there has been pledged the incremental
24        property taxes of the redevelopment project area or
25        taxes levied and collected on any or all property in
26        the municipality or the full faith and credit of the

 

 

10000SB1947ham004- 112 -LRB100 09675 MLM 28408 a

1        municipality to pay or secure payment for all or a
2        portion of the redevelopment project costs. The
3        certification shall be filed annually no later than
4        September 1 for the estimated taxes to be distributed
5        in the following year; however, for the year 1992 the
6        certification shall be made at any time on or before
7        March 31, 1992.
8        (4) The municipality has not requested that the total
9        initial equalized assessed value of real property be
10        adjusted as provided in subsection (b) of Section
11        11-74.4-9.
12        The conditions of paragraphs (1) through (4) do not
13    apply after December 31, 1999 to payments to a municipal
14    treasurer made by a county with 3,000,000 or more
15    inhabitants that has adopted an estimated billing
16    procedure for collecting taxes. If a county that has
17    adopted the estimated billing procedure makes an erroneous
18    overpayment of tax revenue to the municipal treasurer, then
19    the county may seek a refund of that overpayment. The
20    county shall send the municipal treasurer a notice of
21    liability for the overpayment on or before the mailing date
22    of the next real estate tax bill within the county. The
23    refund shall be limited to the amount of the overpayment.
24        It is the intent of this Division that after the
25    effective date of this amendatory Act of 1988 a
26    municipality's own ad valorem tax arising from levies on

 

 

10000SB1947ham004- 113 -LRB100 09675 MLM 28408 a

1    taxable real property be included in the determination of
2    incremental revenue in the manner provided in paragraph (c)
3    of Section 11-74.4-9. If the municipality does not extend
4    such a tax, it shall annually deposit in the municipality's
5    Special Tax Increment Fund an amount equal to 10% of the
6    total contributions to the fund from all other taxing
7    districts in that year. The annual 10% deposit required by
8    this paragraph shall be limited to the actual amount of
9    municipally produced incremental tax revenues available to
10    the municipality from taxpayers located in the
11    redevelopment project area in that year if: (a) the plan
12    for the area restricts the use of the property primarily to
13    industrial purposes, (b) the municipality establishing the
14    redevelopment project area is a home-rule community with a
15    1990 population of between 25,000 and 50,000, (c) the
16    municipality is wholly located within a county with a 1990
17    population of over 750,000 and (d) the redevelopment
18    project area was established by the municipality prior to
19    June 1, 1990. This payment shall be in lieu of a
20    contribution of ad valorem taxes on real property. If no
21    such payment is made, any redevelopment project area of the
22    municipality shall be dissolved.
23        If a municipality has adopted tax increment allocation
24    financing by ordinance and the County Clerk thereafter
25    certifies the "total initial equalized assessed value as
26    adjusted" of the taxable real property within such

 

 

10000SB1947ham004- 114 -LRB100 09675 MLM 28408 a

1    redevelopment project area in the manner provided in
2    paragraph (b) of Section 11-74.4-9, each year after the
3    date of the certification of the total initial equalized
4    assessed value as adjusted until redevelopment project
5    costs and all municipal obligations financing
6    redevelopment project costs have been paid the ad valorem
7    taxes, if any, arising from the levies upon the taxable
8    real property in such redevelopment project area by taxing
9    districts and tax rates determined in the manner provided
10    in paragraph (c) of Section 11-74.4-9 shall be divided as
11    follows, provided, however, that with respect to any
12    redevelopment project area located within a transit
13    facility improvement area established pursuant to Section
14    11-74.4-3.3 in a municipality with a population of
15    1,000,000 or more, ad valorem taxes, if any, arising from
16    the levies upon the taxable real property in such
17    redevelopment project area shall be allocated as
18    specifically provided in this Section:
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
22        assessed value or "current equalized assessed value as
23        adjusted" or the initial equalized assessed value of
24        each such taxable lot, block, tract, or parcel of real
25        property existing at the time tax increment financing
26        was adopted, minus the total current homestead

 

 

10000SB1947ham004- 115 -LRB100 09675 MLM 28408 a

1        exemptions under Article 15 of the Property Tax Code in
2        the redevelopment project area shall be allocated to
3        and when collected shall be paid by the county
4        collector to the respective affected taxing districts
5        in the manner required by law in the absence of the
6        adoption of tax increment allocation financing.
7        (2) That portion, if any, of such taxes which is
8        attributable to the increase in the current equalized
9        assessed valuation of each taxable lot, block, tract,
10        or parcel of real property in the redevelopment project
11        area, over and above the initial equalized assessed
12        value of each property existing at the time tax
13        increment financing was adopted, minus the total
14        current homestead exemptions pertaining to each piece
15        of property provided by Article 15 of the Property Tax
16        Code in the redevelopment project area, shall be
17        allocated to and when collected shall be paid to the
18        municipal Treasurer, who shall deposit said taxes into
19        a special fund called the special tax allocation fund
20        of the municipality for the purpose of paying
21        redevelopment project costs and obligations incurred
22        in the payment thereof.
23        The municipality may pledge in the ordinance the funds
24    in and to be deposited in the special tax allocation fund
25    for the payment of such costs and obligations. No part of
26    the current equalized assessed valuation of each property

 

 

10000SB1947ham004- 116 -LRB100 09675 MLM 28408 a

1    in the redevelopment project area attributable to any
2    increase above the total initial equalized assessed value,
3    or the total initial equalized assessed value as adjusted,
4    of such properties shall be used in calculating the general
5    State school aid formula, provided for in Section 18-8 of
6    the School Code, until such time as all redevelopment
7    project costs have been paid as provided for in this
8    Section.
9        Whenever a municipality issues bonds for the purpose of
10    financing redevelopment project costs, such municipality
11    may provide by ordinance for the appointment of a trustee,
12    which may be any trust company within the State, and for
13    the establishment of such funds or accounts to be
14    maintained by such trustee as the municipality shall deem
15    necessary to provide for the security and payment of the
16    bonds. If such municipality provides for the appointment of
17    a trustee, such trustee shall be considered the assignee of
18    any payments assigned by the municipality pursuant to such
19    ordinance and this Section. Any amounts paid to such
20    trustee as assignee shall be deposited in the funds or
21    accounts established pursuant to such trust agreement, and
22    shall be held by such trustee in trust for the benefit of
23    the holders of the bonds, and such holders shall have a
24    lien on and a security interest in such funds or accounts
25    so long as the bonds remain outstanding and unpaid. Upon
26    retirement of the bonds, the trustee shall pay over any

 

 

10000SB1947ham004- 117 -LRB100 09675 MLM 28408 a

1    excess amounts held to the municipality for deposit in the
2    special tax allocation fund.
3        When such redevelopment projects costs, including
4    without limitation all municipal obligations financing
5    redevelopment project costs incurred under this Division,
6    have been paid, all surplus funds then remaining in the
7    special tax allocation fund shall be distributed by being
8    paid by the municipal treasurer to the Department of
9    Revenue, the municipality and the county collector; first
10    to the Department of Revenue and the municipality in direct
11    proportion to the tax incremental revenue received from the
12    State and the municipality, but not to exceed the total
13    incremental revenue received from the State or the
14    municipality less any annual surplus distribution of
15    incremental revenue previously made; with any remaining
16    funds to be paid to the County Collector who shall
17    immediately thereafter pay said funds to the taxing
18    districts in the redevelopment project area in the same
19    manner and proportion as the most recent distribution by
20    the county collector to the affected districts of real
21    property taxes from real property in the redevelopment
22    project area.
23        Upon the payment of all redevelopment project costs,
24    the retirement of obligations, the distribution of any
25    excess monies pursuant to this Section, and final closing
26    of the books and records of the redevelopment project area,

 

 

10000SB1947ham004- 118 -LRB100 09675 MLM 28408 a

1    the municipality shall adopt an ordinance dissolving the
2    special tax allocation fund for the redevelopment project
3    area and terminating the designation of the redevelopment
4    project area as a redevelopment project area. Title to real
5    or personal property and public improvements acquired by or
6    for the municipality as a result of the redevelopment
7    project and plan shall vest in the municipality when
8    acquired and shall continue to be held by the municipality
9    after the redevelopment project area has been terminated.
10    Municipalities shall notify affected taxing districts
11    prior to November 1 if the redevelopment project area is to
12    be terminated by December 31 of that same year. If a
13    municipality extends estimated dates of completion of a
14    redevelopment project and retirement of obligations to
15    finance a redevelopment project, as allowed by this
16    amendatory Act of 1993, that extension shall not extend the
17    property tax increment allocation financing authorized by
18    this Section. Thereafter the rates of the taxing districts
19    shall be extended and taxes levied, collected and
20    distributed in the manner applicable in the absence of the
21    adoption of tax increment allocation financing.
22        If a municipality with a population of 1,000,000 or
23    more has adopted by ordinance tax increment allocation
24    financing for a redevelopment project area located in a
25    transit facility improvement area established pursuant to
26    Section 11-74.4-3.3, for each year after the effective date

 

 

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

 

 

10000SB1947ham004- 120 -LRB100 09675 MLM 28408 a

1        area, over and above the initial equalized assessed
2        value of each property existing at the time tax
3        increment financing was adopted, minus the total
4        current homestead exemptions pertaining to each piece
5        of property provided by Article 15 of the Property Tax
6        Code in the redevelopment project area, shall be
7        allocated to and when collected shall be paid by the
8        county collector as follows:
9                (A) First, that portion which would be payable
10            to a school district whose boundaries are
11            coterminous with such municipality in the absence
12            of the adoption of tax increment allocation
13            financing, shall be paid to such school district in
14            the manner required by law in the absence of the
15            adoption of tax increment allocation financing;
16            then
17                (B) 80% of the remaining portion shall be paid
18            to the municipal Treasurer, who shall deposit said
19            taxes into a special fund called the special tax
20            allocation fund of the municipality for the
21            purpose of paying redevelopment project costs and
22            obligations incurred in the payment thereof; and
23            then
24                (C) 20% of the remaining portion shall be paid
25            to the respective affected taxing districts, other
26            than the school district described in clause (a)

 

 

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1            above, in the manner required by law in the absence
2            of the adoption of tax increment allocation
3            financing.
4    Nothing in this Section shall be construed as relieving
5property in such redevelopment project areas from being
6assessed as provided in the Property Tax Code or as relieving
7owners of such property from paying a uniform rate of taxes, as
8required by Section 4 of Article IX of the Illinois
9Constitution.
10(Source: P.A. 98-463, eff. 8-16-13; 99-792, eff. 8-12-16.)
 
11    (65 ILCS 5/11-74.6-35)
12    Sec. 11-74.6-35. Ordinance for tax increment allocation
13financing.
14    (a) A municipality, at the time a redevelopment project
15area is designated, may adopt tax increment allocation
16financing by passing an ordinance providing that the ad valorem
17taxes, if any, arising from the levies upon taxable real
18property within the redevelopment project area by taxing
19districts and tax rates determined in the manner provided in
20subsection (b) of Section 11-74.6-40 each year after the
21effective date of the ordinance until redevelopment project
22costs and all municipal obligations financing redevelopment
23project costs incurred under this Act have been paid shall be
24divided as follows:
25        (1) That portion of the taxes levied upon each taxable

 

 

10000SB1947ham004- 122 -LRB100 09675 MLM 28408 a

1    lot, block, tract or parcel of real property that is
2    attributable to the lower of the current equalized assessed
3    value or the initial equalized assessed value or the
4    updated initial equalized assessed value of each taxable
5    lot, block, tract or parcel of real property in the
6    redevelopment project area shall be allocated to and when
7    collected shall be paid by the county collector to the
8    respective affected taxing districts in the manner
9    required by law without regard to the adoption of tax
10    increment allocation financing.
11        (2) That portion, if any, of those taxes that is
12    attributable to the increase in the current equalized
13    assessed value of each taxable lot, block, tract or parcel
14    of real property in the redevelopment project area, over
15    and above the initial equalized assessed value or the
16    updated initial equalized assessed value of each property
17    in the project area, shall be allocated to and when
18    collected shall be paid by the county collector to the
19    municipal treasurer who shall deposit that portion of those
20    taxes into a special fund called the special tax allocation
21    fund of the municipality for the purpose of paying
22    redevelopment project costs and obligations incurred in
23    the payment of those costs and obligations. In any county
24    with a population of 3,000,000 or more that has adopted a
25    procedure for collecting taxes that provides for one or
26    more of the installments of the taxes to be billed and

 

 

10000SB1947ham004- 123 -LRB100 09675 MLM 28408 a

1    collected on an estimated basis, the municipal treasurer
2    shall be paid for deposit in the special tax allocation
3    fund of the municipality, from the taxes collected from
4    estimated bills issued for property in the redevelopment
5    project area, the difference between the amount actually
6    collected from each taxable lot, block, tract, or parcel of
7    real property within the redevelopment project area and an
8    amount determined by multiplying the rate at which taxes
9    were last extended against the taxable lot, block, track,
10    or parcel of real property in the manner provided in
11    subsection (b) of Section 11-74.6-40 by the initial
12    equalized assessed value or the updated initial equalized
13    assessed value of the property divided by the number of
14    installments in which real estate taxes are billed and
15    collected within the county, provided that the payments on
16    or before December 31, 1999 to a municipal treasurer shall
17    be made only if each of the following conditions are met:
18            (A) The total equalized assessed value of the
19        redevelopment project area as last determined was not
20        less than 175% of the total initial equalized assessed
21        value.
22            (B) Not more than 50% of the total equalized
23        assessed value of the redevelopment project area as
24        last determined is attributable to a piece of property
25        assigned a single real estate index number.
26            (C) The municipal clerk has certified to the county

 

 

10000SB1947ham004- 124 -LRB100 09675 MLM 28408 a

1        clerk that the municipality has issued its obligations
2        to which there has been pledged the incremental
3        property taxes of the redevelopment project area or
4        taxes levied and collected on any or all property in
5        the municipality or the full faith and credit of the
6        municipality to pay or secure payment for all or a
7        portion of the redevelopment project costs. The
8        certification shall be filed annually no later than
9        September 1 for the estimated taxes to be distributed
10        in the following year.
11    The conditions of paragraphs (A) through (C) do not apply
12after December 31, 1999 to payments to a municipal treasurer
13made by a county with 3,000,000 or more inhabitants that has
14adopted an estimated billing procedure for collecting taxes. If
15a county that has adopted the estimated billing procedure makes
16an erroneous overpayment of tax revenue to the municipal
17treasurer, then the county may seek a refund of that
18overpayment. The county shall send the municipal treasurer a
19notice of liability for the overpayment on or before the
20mailing date of the next real estate tax bill within the
21county. The refund shall be limited to the amount of the
22overpayment.
23    (b) It is the intent of this Act that a municipality's own
24ad valorem tax arising from levies on taxable real property be
25included in the determination of incremental revenue in the
26manner provided in paragraph (b) of Section 11-74.6-40.

 

 

10000SB1947ham004- 125 -LRB100 09675 MLM 28408 a

1    (c) If a municipality has adopted tax increment allocation
2financing for a redevelopment project area by ordinance and the
3county clerk thereafter certifies the total initial equalized
4assessed value or the total updated initial equalized assessed
5value of the taxable real property within such redevelopment
6project area in the manner provided in paragraph (a) or (b) of
7Section 11-74.6-40, each year after the date of the
8certification of the total initial equalized assessed value or
9the total updated initial equalized assessed value until
10redevelopment project costs and all municipal obligations
11financing redevelopment project costs have been paid, the ad
12valorem taxes, if any, arising from the levies upon the taxable
13real property in the redevelopment project area by taxing
14districts and tax rates determined in the manner provided in
15paragraph (b) of Section 11-74.6-40 shall be divided as
16follows:
17        (1) That portion of the taxes levied upon each taxable
18    lot, block, tract or parcel of real property that is
19    attributable to the lower of the current equalized assessed
20    value or the initial equalized assessed value, or the
21    updated initial equalized assessed value of each parcel if
22    the updated initial equalized assessed value of that parcel
23    has been certified in accordance with Section 11-74.6-40,
24    whichever has been most recently certified, of each taxable
25    lot, block, tract, or parcel of real property existing at
26    the time tax increment allocation financing was adopted in

 

 

10000SB1947ham004- 126 -LRB100 09675 MLM 28408 a

1    the redevelopment project area, shall be allocated to and
2    when collected shall be paid by the county collector to the
3    respective affected taxing districts in the manner
4    required by law without regard to the adoption of tax
5    increment allocation financing.
6        (2) That portion, if any, of those taxes that is
7    attributable to the increase in the current equalized
8    assessed value of each taxable lot, block, tract, or parcel
9    of real property in the redevelopment project area, over
10    and above the initial equalized assessed value of each
11    property existing at the time tax increment allocation
12    financing was adopted in the redevelopment project area, or
13    the updated initial equalized assessed value of each parcel
14    if the updated initial equalized assessed value of that
15    parcel has been certified in accordance with Section
16    11-74.6-40, shall be allocated to and when collected shall
17    be paid to the municipal treasurer, who shall deposit those
18    taxes into a special fund called the special tax allocation
19    fund of the municipality for the purpose of paying
20    redevelopment project costs and obligations incurred in
21    the payment thereof.
22    (d) The municipality may pledge in the ordinance the funds
23in and to be deposited in the special tax allocation fund for
24the payment of redevelopment project costs and obligations. No
25part of the current equalized assessed value of each property
26in the redevelopment project area attributable to any increase

 

 

10000SB1947ham004- 127 -LRB100 09675 MLM 28408 a

1above the total initial equalized assessed value or the total
2initial updated equalized assessed value of the property, shall
3be used in calculating the general General State aid formula
4School Aid Formula, provided for in Section 18-8 of the School
5Code, until all redevelopment project costs have been paid as
6provided for in this Section.
7    Whenever a municipality issues bonds for the purpose of
8financing redevelopment project costs, that municipality may
9provide by ordinance for the appointment of a trustee, which
10may be any trust company within the State, and for the
11establishment of any funds or accounts to be maintained by that
12trustee, as the municipality deems necessary to provide for the
13security and payment of the bonds. If the municipality provides
14for the appointment of a trustee, the trustee shall be
15considered the assignee of any payments assigned by the
16municipality under that ordinance and this Section. Any amounts
17paid to the trustee as assignee shall be deposited into the
18funds or accounts established under the trust agreement, and
19shall be held by the trustee in trust for the benefit of the
20holders of the bonds. The holders of those bonds shall have a
21lien on and a security interest in those funds or accounts
22while the bonds remain outstanding and unpaid. Upon retirement
23of the bonds, the trustee shall pay over any excess amounts
24held to the municipality for deposit in the special tax
25allocation fund.
26    When the redevelopment projects costs, including without

 

 

10000SB1947ham004- 128 -LRB100 09675 MLM 28408 a

1limitation all municipal obligations financing redevelopment
2project costs incurred under this Law, have been paid, all
3surplus funds then remaining in the special tax allocation fund
4shall be distributed by being paid by the municipal treasurer
5to the municipality and the county collector; first to the
6municipality in direct proportion to the tax incremental
7revenue received from the municipality, but not to exceed the
8total incremental revenue received from the municipality,
9minus any annual surplus distribution of incremental revenue
10previously made. Any remaining funds shall be paid to the
11county collector who shall immediately distribute that payment
12to the taxing districts in the redevelopment project area in
13the same manner and proportion as the most recent distribution
14by the county collector to the affected districts of real
15property taxes from real property situated in the redevelopment
16project area.
17    Upon the payment of all redevelopment project costs,
18retirement of obligations and the distribution of any excess
19moneys under this Section, the municipality shall adopt an
20ordinance dissolving the special tax allocation fund for the
21redevelopment project area and terminating the designation of
22the redevelopment project area as a redevelopment project area.
23Thereafter the tax levies of taxing districts shall be
24extended, collected and distributed in the same manner
25applicable before the adoption of tax increment allocation
26financing. Municipality shall notify affected taxing districts

 

 

10000SB1947ham004- 129 -LRB100 09675 MLM 28408 a

1prior to November if the redevelopment project area is to be
2terminated by December 31 of that same year.
3    Nothing in this Section shall be construed as relieving
4property in a redevelopment project area from being assessed as
5provided in the Property Tax Code or as relieving owners of
6that property from paying a uniform rate of taxes, as required
7by Section 4 of Article IX of the Illinois Constitution.
8(Source: P.A. 91-474, eff. 11-1-99.)
 
9    Section 40. The Economic Development Project Area Tax
10Increment Allocation Act of 1995 is amended by changing Section
1150 as follows:
 
12    (65 ILCS 110/50)
13    Sec. 50. Special tax allocation fund.
14    (a) If a county clerk has certified the "total initial
15equalized assessed value" of the taxable real property within
16an economic development project area in the manner provided in
17Section 45, each year after the date of the certification by
18the county clerk of the "total initial equalized assessed
19value", until economic development project costs and all
20municipal obligations financing economic development project
21costs have been paid, the ad valorem taxes, if any, arising
22from the levies upon the taxable real property in the economic
23development project area by taxing districts and tax rates
24determined in the manner provided in subsection (b) of Section

 

 

10000SB1947ham004- 130 -LRB100 09675 MLM 28408 a

145 shall be divided as follows:
2        (1) That portion of the taxes levied upon each taxable
3    lot, block, tract, or parcel of real property that is
4    attributable to the lower of the current equalized assessed
5    value or the initial equalized assessed value of each
6    taxable lot, block, tract, or parcel of real property
7    existing at the time tax increment financing was adopted
8    shall be allocated to (and when collected shall be paid by
9    the county collector to) the respective affected taxing
10    districts in the manner required by law in the absence of
11    the adoption of tax increment allocation financing.
12        (2) That portion, if any, of the taxes that is
13    attributable to the increase in the current equalized
14    assessed valuation of each taxable lot, block, tract, or
15    parcel of real property in the economic development project
16    area, over and above the initial equalized assessed value
17    of each property existing at the time tax increment
18    financing was adopted, shall be allocated to (and when
19    collected shall be paid to) the municipal treasurer, who
20    shall deposit the taxes into a special fund (called the
21    special tax allocation fund of the municipality) for the
22    purpose of paying economic development project costs and
23    obligations incurred in the payment of those costs.
24    (b) The municipality, by an ordinance adopting tax
25increment allocation financing, may pledge the monies in and to
26be deposited into the special tax allocation fund for the

 

 

10000SB1947ham004- 131 -LRB100 09675 MLM 28408 a

1payment of obligations issued under this Act and for the
2payment of economic development project costs. No part of the
3current equalized assessed valuation of each property in the
4economic development project area attributable to any increase
5above the total initial equalized assessed value of those
6properties shall be used in calculating the general State
7school aid formula under Section 18-8 of the School Code until
8all economic development projects costs have been paid as
9provided for in this Section.
10    (c) When the economic development projects costs,
11including without limitation all municipal obligations
12financing economic development project costs incurred under
13this Act, have been paid, all surplus monies then remaining in
14the special tax allocation fund shall be distributed by being
15paid by the municipal treasurer to the county collector, who
16shall immediately pay the monies to the taxing districts having
17taxable property in the economic development project area in
18the same manner and proportion as the most recent distribution
19by the county collector to those taxing districts of real
20property taxes from real property in the economic development
21project area.
22    (d) Upon the payment of all economic development project
23costs, retirement of obligations, and distribution of any
24excess monies under this Section and not later than 23 years
25from the date of the adoption of the ordinance establishing the
26economic development project area, the municipality shall

 

 

10000SB1947ham004- 132 -LRB100 09675 MLM 28408 a

1adopt an ordinance dissolving the special tax allocation fund
2for the economic development project area and terminating the
3designation of the economic development project area as an
4economic development project area. Thereafter, the rates of the
5taxing districts shall be extended and taxes shall be levied,
6collected, and distributed in the manner applicable in the
7absence of the adoption of tax increment allocation financing.
8    (e) Nothing in this Section shall be construed as relieving
9property in the economic development project areas from being
10assessed as provided in the Property Tax Code or as relieving
11owners or lessees of that property from paying a uniform rate
12of taxes as required by Section 4 of Article IX of the Illinois
13Constitution.
14(Source: P.A. 98-463, eff. 8-16-13.)
 
15    Section 45. The School Code is amended by changing Sections
161A-8, 1B-5, 1B-6, 1B-7, 1B-8, 1C-1, 1C-2, 1D-1, 1E-20, 1F-20,
171F-62, 1H-20, 1H-70, 2-3.33, 2-3.51.5, 2-3.66, 2-3.66b,
182-3.84, 2-3.109a, 3-14.21, 7-14A, 10-17a, 10-19, 10-22.5a,
1910-22.20, 10-29, 11E-135, 13A-8, 13B-20.20, 13B-45, 13B-50,
2013B-50.10, 13B-50.15, 14-7.02b, 14-13.01, 14C-1, 14C-12, 17-1,
2117-1.2, 17-1.5, 17-2.11, 17-2A, 18-4.3, 18-8.05, 18-8.10,
2218-9, 18-12, 26-16, 27-8.1, 27A-9, 27A-11, 29-5, 34-2.3, 34-18,
2334-18.30, and 34-43.1 and by adding Sections 2-3.170, 17-3.6,
24and 18-8.15 as follows:
 

 

 

10000SB1947ham004- 133 -LRB100 09675 MLM 28408 a

1    (105 ILCS 5/1A-8)  (from Ch. 122, par. 1A-8)
2    Sec. 1A-8. Powers of the Board in Assisting Districts
3Deemed in Financial Difficulties. To promote the financial
4integrity of school districts, the State Board of Education
5shall be provided the necessary powers to promote sound
6financial management and continue operation of the public
7schools.
8    (a) The State Superintendent of Education may require a
9school district, including any district subject to Article 34A
10of this Code, to share financial information relevant to a
11proper investigation of the district's financial condition and
12the delivery of appropriate State financial, technical, and
13consulting services to the district if the district (i) has
14been designated, through the State Board of Education's School
15District Financial Profile System, as on financial warning or
16financial watch status, (ii) has failed to file an annual
17financial report, annual budget, deficit reduction plan, or
18other financial information as required by law, (iii) has been
19identified, through the district's annual audit or other
20financial and management information, as in serious financial
21difficulty in the current or next school year, or (iv) is
22determined to be likely to fail to fully meet any regularly
23scheduled, payroll-period obligations when due or any debt
24service payments when due or both. In addition to financial,
25technical, and consulting services provided by the State Board
26of Education, at the request of a school district, the State

 

 

10000SB1947ham004- 134 -LRB100 09675 MLM 28408 a

1Superintendent may provide for an independent financial
2consultant to assist the district review its financial
3condition and options.
4    (b) The State Board of Education, after proper
5investigation of a district's financial condition, may certify
6that a district, including any district subject to Article 34A,
7is in financial difficulty when any of the following conditions
8occur:
9        (1) The district has issued school or teacher orders
10    for wages as permitted in Sections 8-16, 32-7.2 and 34-76
11    of this Code.
12        (2) The district has issued tax anticipation warrants
13    or tax anticipation notes in anticipation of a second
14    year's taxes when warrants or notes in anticipation of
15    current year taxes are still outstanding, as authorized by
16    Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has
17    issued short-term debt against 2 future revenue sources,
18    such as, but not limited to, tax anticipation warrants and
19    general State aid or evidence-based funding Aid
20    certificates or tax anticipation warrants and revenue
21    anticipation notes.
22        (3) The district has for 2 consecutive years shown an
23    excess of expenditures and other financing uses over
24    revenues and other financing sources and beginning fund
25    balances on its annual financial report for the aggregate
26    totals of the Educational, Operations and Maintenance,

 

 

10000SB1947ham004- 135 -LRB100 09675 MLM 28408 a

1    Transportation, and Working Cash Funds.
2        (4) The district refuses to provide financial
3    information or cooperate with the State Superintendent in
4    an investigation of the district's financial condition.
5        (5) The district is likely to fail to fully meet any
6    regularly scheduled, payroll-period obligations when due
7    or any debt service payments when due or both.
8    No school district shall be certified by the State Board of
9Education to be in financial difficulty solely by reason of any
10of the above circumstances arising as a result of (i) the
11failure of the county to make any distribution of property tax
12money due the district at the time such distribution is due or
13(ii) the failure of this State to make timely payments of
14general State aid, evidence-based funding, or any of the
15mandated categoricals; or if the district clearly demonstrates
16to the satisfaction of the State Board of Education at the time
17of its determination that such condition no longer exists. If
18the State Board of Education certifies that a district in a
19city with 500,000 inhabitants or more is in financial
20difficulty, the State Board shall so notify the Governor and
21the Mayor of the city in which the district is located. The
22State Board of Education may require school districts certified
23in financial difficulty, except those districts subject to
24Article 34A, to develop, adopt and submit a financial plan
25within 45 days after certification of financial difficulty. The
26financial plan shall be developed according to guidelines

 

 

10000SB1947ham004- 136 -LRB100 09675 MLM 28408 a

1presented to the district by the State Board of Education
2within 14 days of certification. Such guidelines shall address
3the specific nature of each district's financial difficulties.
4Any proposed budget of the district shall be consistent with
5the financial plan submitted to and approved by the State Board
6of Education.
7    A district certified to be in financial difficulty, other
8than a district subject to Article 34A, shall report to the
9State Board of Education at such times and in such manner as
10the State Board may direct, concerning the district's
11compliance with each financial plan. The State Board may review
12the district's operations, obtain budgetary data and financial
13statements, require the district to produce reports, and have
14access to any other information in the possession of the
15district that it deems relevant. The State Board may issue
16recommendations or directives within its powers to the district
17to assist in compliance with the financial plan. The district
18shall produce such budgetary data, financial statements,
19reports and other information and comply with such directives.
20If the State Board of Education determines that a district has
21failed to comply with its financial plan, the State Board of
22Education may rescind approval of the plan and appoint a
23Financial Oversight Panel for the district as provided in
24Section 1B-4. This action shall be taken only after the
25district has been given notice and an opportunity to appear
26before the State Board of Education to discuss its failure to

 

 

10000SB1947ham004- 137 -LRB100 09675 MLM 28408 a

1comply with its financial plan.
2    No bonds, notes, teachers orders, tax anticipation
3warrants or other evidences of indebtedness shall be issued or
4sold by a school district or be legally binding upon or
5enforceable against a local board of education of a district
6certified to be in financial difficulty unless and until the
7financial plan required under this Section has been approved by
8the State Board of Education.
9    Any financial profile compiled and distributed by the State
10Board of Education in Fiscal Year 2009 or any fiscal year
11thereafter shall incorporate such adjustments as may be needed
12in the profile scores to reflect the financial effects of the
13inability or refusal of the State of Illinois to make timely
14disbursements of any general State aid, evidence-based
15funding, or mandated categorical aid payments due school
16districts or to fully reimburse school districts for mandated
17categorical programs pursuant to reimbursement formulas
18provided in this School Code.
19(Source: P.A. 96-668, eff. 8-25-09; 96-1423, eff. 8-3-10;
2097-429, eff. 8-16-11.)
 
21    (105 ILCS 5/1B-5)  (from Ch. 122, par. 1B-5)
22    Sec. 1B-5. When a petition for emergency financial
23assistance for a school district is allowed by the State Board
24under Section 1B-4, the State Superintendent shall within 10
25days thereafter appoint 3 members to serve at the State

 

 

10000SB1947ham004- 138 -LRB100 09675 MLM 28408 a

1Superintendent's pleasure on a Financial Oversight Panel for
2the district. The State Superintendent shall designate one of
3the members of the Panel to serve as its Chairman. In the event
4of vacancy or resignation the State Superintendent shall
5appoint a successor within 10 days of receiving notice thereof.
6    Members of the Panel shall be selected primarily on the
7basis of their experience and education in financial
8management, with consideration given to persons knowledgeable
9in education finance. A member of the Panel may not be a board
10member or employee of the district for which the Panel is
11constituted, nor may a member have a direct financial interest
12in that district.
13    Panel members shall serve without compensation, but may be
14reimbursed for travel and other necessary expenses incurred in
15the performance of their official duties by the State Board.
16The amount reimbursed Panel members for their expenses shall be
17charged to the school district as part of any emergency
18financial assistance and incorporated as a part of the terms
19and conditions for repayment of such assistance or shall be
20deducted from the district's general State aid or
21evidence-based funding as provided in Section 1B-8.
22    The first meeting of the Panel shall be held at the call of
23the Chairman. The Panel may elect such other officers as it
24deems appropriate. The Panel shall prescribe the times and
25places for its meetings and the manner in which regular and
26special meetings may be called, and shall comply with the Open

 

 

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1Meetings Act.
2    Two members of the Panel shall constitute a quorum, and the
3affirmative vote of 2 members shall be necessary for any
4decision or action to be taken by the Panel.
5    The Panel and the State Superintendent shall cooperate with
6each other in the exercise of their respective powers. The
7Panel shall report not later than September 1 annually to the
8State Board and the State Superintendent with respect to its
9activities and the condition of the school district for the
10previous fiscal year.
11    Any Financial Oversight Panel established under this
12Article shall remain in existence for not less than 3 years nor
13more than 10 years from the date the State Board grants the
14petition under Section 1B-4. If after 3 years the school
15district has repaid all of its obligations resulting from
16emergency State financial assistance provided under this
17Article and has improved its financial situation, the board of
18education may, not more frequently than once in any 12 month
19period, petition the State Board to dissolve the Financial
20Oversight Panel, terminate the oversight responsibility, and
21remove the district's certification under Section 1A-8 as a
22district in financial difficulty. In acting on such a petition
23the State Board shall give additional weight to the
24recommendations of the State Superintendent and the Financial
25Oversight Panel.
26(Source: P.A. 88-618, eff. 9-9-94.)
 

 

 

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1    (105 ILCS 5/1B-6)  (from Ch. 122, par. 1B-6)
2    Sec. 1B-6. General powers. The purpose of the Financial
3Oversight Panel shall be to exercise financial control over the
4board of education, and, when approved by the State Board and
5the State Superintendent of Education, to furnish financial
6assistance so that the board can provide public education
7within the board's jurisdiction while permitting the board to
8meet its obligations to its creditors and the holders of its
9notes and bonds. Except as expressly limited by this Article,
10the Panel shall have all powers necessary to meet its
11responsibilities and to carry out its purposes and the purposes
12of this Article, including, but not limited to, the following
13powers:
14    (a) to sue and be sued;
15    (b) to provide for its organization and internal
16management;
17    (c) to appoint a Financial Administrator to serve as the
18chief executive officer of the Panel. The Financial
19Administrator may be an individual, partnership, corporation,
20including an accounting firm, or other entity determined by the
21Panel to be qualified to serve; and to appoint other officers,
22agents, and employees of the Panel, define their duties and
23qualifications and fix their compensation and employee
24benefits;
25    (d) to approve the local board of education appointments to

 

 

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1the positions of treasurer in a Class I county school unit and
2in each school district which forms a part of a Class II county
3school unit but which no longer is subject to the jurisdiction
4and authority of a township treasurer or trustees of schools of
5a township because the district has withdrawn from the
6jurisdiction and authority of the township treasurer and the
7trustees of schools of the township or because those offices
8have been abolished as provided in subsection (b) or (c) of
9Section 5-1, and chief school business official, if such
10official is not the superintendent of the district. Either the
11board or the Panel may remove such treasurer or chief school
12business official;
13    (e) to approve any and all bonds, notes, teachers orders,
14tax anticipation warrants, and other evidences of indebtedness
15prior to issuance or sale by the school district; and
16notwithstanding any other provision of The School Code, as now
17or hereafter amended, no bonds, notes, teachers orders, tax
18anticipation warrants or other evidences of indebtedness shall
19be issued or sold by the school district or be legally binding
20upon or enforceable against the local board of education unless
21and until the approval of the Panel has been received;
22    (f) to approve all property tax levies of the school
23district and require adjustments thereto as the Panel deems
24necessary or advisable;
25    (g) to require and approve a school district financial
26plan;

 

 

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1    (h) to approve and require revisions of the school district
2budget;
3    (i) to approve all contracts and other obligations as the
4Panel deems necessary and appropriate;
5    (j) to authorize emergency State financial assistance,
6including requirements regarding the terms and conditions of
7repayment of such assistance, and to require the board of
8education to levy a separate local property tax, subject to the
9limitations of Section 1B-8, sufficient to repay such
10assistance consistent with the terms and conditions of
11repayment and the district's approved financial plan and
12budget;
13    (k) to request the regional superintendent to make
14appointments to fill all vacancies on the local school board as
15provided in Section 10-10;
16    (l) to recommend dissolution or reorganization of the
17school district to the General Assembly if in the Panel's
18judgment the circumstances so require;
19    (m) to direct a phased reduction in the oversight
20responsibilities of the Financial Administrator and of the
21Panel as the circumstances permit;
22    (n) to determine the amount of emergency State financial
23assistance to be made available to the school district, and to
24establish an operating budget for the Panel to be supported by
25funds available from such assistance, with the assistance and
26the budget required to be approved by the State Superintendent;

 

 

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1    (o) to procure insurance against any loss in such amounts
2and from such insurers as it deems necessary;
3    (p) to engage the services of consultants for rendering
4professional and technical assistance and advice on matters
5within the Panel's power;
6    (q) to contract for and to accept any gifts, grants or
7loans of funds or property or financial or other aid in any
8form from the federal government, State government, unit of
9local government, school district or any agency or
10instrumentality thereof, or from any other private or public
11source, and to comply with the terms and conditions thereof;
12    (r) to pay the expenses of its operations based on the
13Panel's budget as approved by the State Superintendent from
14emergency financial assistance funds available to the district
15or from deductions from the district's general State aid or
16evidence-based funding;
17    (s) to do any and all things necessary or convenient to
18carry out its purposes and exercise the powers given to the
19Panel by this Article; and
20    (t) to recommend the creation of a school finance authority
21pursuant to Article 1F of this Code.
22(Source: P.A. 91-357, eff. 7-29-99; 92-855, eff. 12-6-02.)
 
23    (105 ILCS 5/1B-7)  (from Ch. 122, par. 1B-7)
24    Sec. 1B-7. Financial Administrator; Powers and Duties. The
25Financial Administrator appointed by the Financial Oversight

 

 

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1Panel shall serve as the Panel's chief executive officer. The
2Financial Administrator shall exercise the powers and duties
3required by the Panel, including but not limited to the
4following:
5    (a) to provide guidance and recommendations to the local
6board and officials of the school district in developing the
7district's financial plan and budget prior to board action;
8    (b) to direct the local board to reorganize its financial
9accounts, budgetary systems, and internal accounting and
10financial controls, in whatever manner the Panel deems
11appropriate to achieve greater financial responsibility and to
12reduce financial inefficiency, and to provide technical
13assistance to aid the district in accomplishing the
14reorganization;
15    (c) to make recommendations to the Financial Oversight
16Panel concerning the school district's financial plan and
17budget, and all other matters within the scope of the Panel's
18authority;
19    (d) to prepare and recommend to the Panel a proposal for
20emergency State financial assistance for the district,
21including recommended terms and conditions of repayment, and an
22operations budget for the Panel to be funded from the emergency
23assistance or from deductions from the district's general State
24aid or evidence-based funding;
25    (e) to require the local board to prepare and submit
26preliminary staffing and budgetary analyses annually prior to

 

 

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1February 1 in such manner and form as the Financial
2Administrator shall prescribe; and
3    (f) subject to the direction of the Panel, to do all other
4things necessary or convenient to carry out its purposes and
5exercise the powers given to the Panel under this Article.
6(Source: P.A. 88-618, eff. 9-9-94.)
 
7    (105 ILCS 5/1B-8)  (from Ch. 122, par. 1B-8)
8    Sec. 1B-8. There is created in the State Treasury a special
9fund to be known as the School District Emergency Financial
10Assistance Fund (the "Fund"). The School District Emergency
11Financial Assistance Fund shall consist of appropriations,
12loan repayments, grants from the federal government, and
13donations from any public or private source. Moneys in the Fund
14may be appropriated only to the Illinois Finance Authority and
15the State Board for those purposes authorized under this
16Article and Articles 1F and 1H of this Code. The appropriation
17may be allocated and expended by the State Board for
18contractual services to provide technical assistance or
19consultation to school districts to assess their financial
20condition and to Financial Oversight Panels that petition for
21emergency financial assistance grants. The Illinois Finance
22Authority may provide loans to school districts which are the
23subject of an approved petition for emergency financial
24assistance under Section 1B-4, 1F-62, or 1H-65 of this Code.
25Neither the State Board of Education nor the Illinois Finance

 

 

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1Authority may collect any fees for providing these services.
2    From the amount allocated to each such school district
3under this Article the State Board shall identify a sum
4sufficient to cover all approved costs of the Financial
5Oversight Panel established for the respective school
6district. If the State Board and State Superintendent of
7Education have not approved emergency financial assistance in
8conjunction with the appointment of a Financial Oversight
9Panel, the Panel's approved costs shall be paid from deductions
10from the district's general State aid or evidence-based
11funding.
12    The Financial Oversight Panel may prepare and file with the
13State Superintendent a proposal for emergency financial
14assistance for the school district and for its operations
15budget. No expenditures from the Fund shall be authorized by
16the State Superintendent until he or she has approved the
17request of the Panel, either as submitted or in such lesser
18amount determined by the State Superintendent.
19    The maximum amount of an emergency financial assistance
20loan which may be allocated to any school district under this
21Article, including moneys necessary for the operations of the
22Panel, shall not exceed $4,000 times the number of pupils
23enrolled in the school district during the school year ending
24June 30 prior to the date of approval by the State Board of the
25petition for emergency financial assistance, as certified to
26the local board and the Panel by the State Superintendent. An

 

 

10000SB1947ham004- 147 -LRB100 09675 MLM 28408 a

1emergency financial assistance grant shall not exceed $1,000
2times the number of such pupils. A district may receive both a
3loan and a grant.
4    The payment of an emergency State financial assistance
5grant or loan shall be subject to appropriation by the General
6Assembly. Payment of the emergency State financial assistance
7loan is subject to the applicable provisions of the Illinois
8Finance Authority Act. Emergency State financial assistance
9allocated and paid to a school district under this Article may
10be applied to any fund or funds from which the local board of
11education of that district is authorized to make expenditures
12by law.
13    Any emergency financial assistance grant proposed by the
14Financial Oversight Panel and approved by the State
15Superintendent may be paid in its entirety during the initial
16year of the Panel's existence or spread in equal or declining
17amounts over a period of years not to exceed the period of the
18Panel's existence. An emergency financial assistance loan
19proposed by the Financial Oversight Panel and approved by the
20Illinois Finance Authority may be paid in its entirety during
21the initial year of the Panel's existence or spread in equal or
22declining amounts over a period of years not to exceed the
23period of the Panel's existence. All loans made by the Illinois
24Finance Authority for a school district shall be required to be
25repaid, with simple interest over the term of the loan at a
26rate equal to 50% of the one-year Constant Maturity Treasury

 

 

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1(CMT) yield as last published by the Board of Governors of the
2Federal Reserve System before the date on which the district's
3loan is approved by the Illinois Finance Authority, not later
4than the date the Financial Oversight Panel ceases to exist.
5The Panel shall establish and the Illinois Finance Authority
6shall approve the terms and conditions, including the schedule,
7of repayments. The schedule shall provide for repayments
8commencing July 1 of each year or upon each fiscal year's
9receipt of moneys from a tax levy for emergency financial
10assistance. Repayment shall be incorporated into the annual
11budget of the school district and may be made from any fund or
12funds of the district in which there are moneys available. An
13emergency financial assistance loan to the Panel or district
14shall not be considered part of the calculation of a district's
15debt for purposes of the limitation specified in Section 19-1
16of this Code. Default on repayment is subject to the Illinois
17Grant Funds Recovery Act. When moneys are repaid as provided
18herein they shall not be made available to the local board for
19further use as emergency financial assistance under this
20Article at any time thereafter. All repayments required to be
21made by a school district shall be received by the State Board
22and deposited in the School District Emergency Financial
23Assistance Fund.
24    In establishing the terms and conditions for the repayment
25obligation of the school district the Panel shall annually
26determine whether a separate local property tax levy is

 

 

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1required. The board of any school district with a tax rate for
2educational purposes for the prior year of less than 120% of
3the maximum rate for educational purposes authorized by Section
417-2 shall provide for a separate tax levy for emergency
5financial assistance repayment purposes. Such tax levy shall
6not be subject to referendum approval. The amount of the levy
7shall be equal to the amount necessary to meet the annual
8repayment obligations of the district as established by the
9Panel, or 20% of the amount levied for educational purposes for
10the prior year, whichever is less. However, no district shall
11be required to levy the tax if the district's operating tax
12rate as determined under Section 18-8, or 18-8.05, or 18-8.15
13exceeds 200% of the district's tax rate for educational
14purposes for the prior year.
15(Source: P.A. 97-429, eff. 8-16-11.)
 
16    (105 ILCS 5/1C-1)
17    Sec. 1C-1. Purpose. The purpose of this Article is to
18permit greater flexibility and efficiency in the distribution
19and use of certain State funds available to local education
20agencies for the improvement of the quality of educational
21services pursuant to locally established priorities.
22    Through fiscal year 2017, this This Article does not apply
23to school districts having a population in excess of 500,000
24inhabitants.
25(Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95;

 

 

10000SB1947ham004- 150 -LRB100 09675 MLM 28408 a

189-397, eff. 8-20-95; 89-626, eff. 8-9-96.)
 
2    (105 ILCS 5/1C-2)
3    Sec. 1C-2. Block grants.
4    (a) For fiscal year 1999, and each fiscal year thereafter,
5the State Board of Education shall award to school districts
6block grants as described in subsection (c). The State Board of
7Education may adopt rules and regulations necessary to
8implement this Section. In accordance with Section 2-3.32, all
9state block grants are subject to an audit. Therefore, block
10grant receipts and block grant expenditures shall be recorded
11to the appropriate fund code.
12    (b) (Blank).
13    (c) An Early Childhood Education Block Grant shall be
14created by combining the following programs: Preschool
15Education, Parental Training and Prevention Initiative. These
16funds shall be distributed to school districts and other
17entities on a competitive basis, except that the State Board of
18Education shall award to a school district having a population
19exceeding 500,000 inhabitants 37% of the funds in each fiscal
20year. Not less than 14% of the Early Childhood Education Block
21Grant allocation of funds shall be used to fund programs for
22children ages 0-3. Beginning in Fiscal Year 2016, at least 25%
23of any additional Early Childhood Education Block Grant funding
24over and above the previous fiscal year's allocation shall be
25used to fund programs for children ages 0-3. Once the

 

 

10000SB1947ham004- 151 -LRB100 09675 MLM 28408 a

1percentage of Early Childhood Education Block Grant funding
2allocated to programs for children ages 0-3 reaches 20% of the
3overall Early Childhood Education Block Grant allocation for a
4full fiscal year, thereafter in subsequent fiscal years the
5percentage of Early Childhood Education Block Grant funding
6allocated to programs for children ages 0-3 each fiscal year
7shall remain at least 20% of the overall Early Childhood
8Education Block Grant allocation. However, if, in a given
9fiscal year, the amount appropriated for the Early Childhood
10Education Block Grant is insufficient to increase the
11percentage of the grant to fund programs for children ages 0-3
12without reducing the amount of the grant for existing providers
13of preschool education programs, then the percentage of the
14grant to fund programs for children ages 0-3 may be held steady
15instead of increased.
16(Source: P.A. 98-645, eff. 7-1-14; 99-589, eff. 7-21-16.)
 
17    (105 ILCS 5/1D-1)
18    Sec. 1D-1. Block grant funding.
19    (a) For fiscal year 1996 through fiscal year 2017 and each
20fiscal year thereafter, the State Board of Education shall
21award to a school district having a population exceeding
22500,000 inhabitants a general education block grant and an
23educational services block grant, determined as provided in
24this Section, in lieu of distributing to the district separate
25State funding for the programs described in subsections (b) and

 

 

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1(c). The provisions of this Section, however, do not apply to
2any federal funds that the district is entitled to receive. In
3accordance with Section 2-3.32, all block grants are subject to
4an audit. Therefore, block grant receipts and block grant
5expenditures shall be recorded to the appropriate fund code for
6the designated block grant.
7    (b) The general education block grant shall include the
8following programs: REI Initiative, Summer Bridges, Preschool
9At Risk, K-6 Comprehensive Arts, School Improvement Support,
10Urban Education, Scientific Literacy, Substance Abuse
11Prevention, Second Language Planning, Staff Development,
12Outcomes and Assessment, K-6 Reading Improvement, 7-12
13Continued Reading Improvement, Truants' Optional Education,
14Hispanic Programs, Agriculture Education, Parental Education,
15Prevention Initiative, Report Cards, and Criminal Background
16Investigations. Notwithstanding any other provision of law,
17all amounts paid under the general education block grant from
18State appropriations to a school district in a city having a
19population exceeding 500,000 inhabitants shall be appropriated
20and expended by the board of that district for any of the
21programs included in the block grant or any of the board's
22lawful purposes.
23    (c) The educational services block grant shall include the
24following programs: Regular and Vocational Transportation,
25State Lunch and Free Breakfast Program, Special Education
26(Personnel, Transportation, Orphanage, Private Tuition),

 

 

10000SB1947ham004- 153 -LRB100 09675 MLM 28408 a

1funding for children requiring special education services,
2Summer School, Educational Service Centers, and
3Administrator's Academy. This subsection (c) does not relieve
4the district of its obligation to provide the services required
5under a program that is included within the educational
6services block grant. It is the intention of the General
7Assembly in enacting the provisions of this subsection (c) to
8relieve the district of the administrative burdens that impede
9efficiency and accompany single-program funding. The General
10Assembly encourages the board to pursue mandate waivers
11pursuant to Section 2-3.25g.
12    The funding program included in the educational services
13block grant for funding for children requiring special
14education services in each fiscal year shall be treated in that
15fiscal year as a payment to the school district in respect of
16services provided or costs incurred in the prior fiscal year,
17calculated in each case as provided in this Section. Nothing in
18this Section shall change the nature of payments for any
19program that, apart from this Section, would be or, prior to
20adoption or amendment of this Section, was on the basis of a
21payment in a fiscal year in respect of services provided or
22costs incurred in the prior fiscal year, calculated in each
23case as provided in this Section.
24    (d) For fiscal year 1996 through fiscal year 2017 and each
25fiscal year thereafter, the amount of the district's block
26grants shall be determined as follows: (i) with respect to each

 

 

10000SB1947ham004- 154 -LRB100 09675 MLM 28408 a

1program that is included within each block grant, the district
2shall receive an amount equal to the same percentage of the
3current fiscal year appropriation made for that program as the
4percentage of the appropriation received by the district from
5the 1995 fiscal year appropriation made for that program, and
6(ii) the total amount that is due the district under the block
7grant shall be the aggregate of the amounts that the district
8is entitled to receive for the fiscal year with respect to each
9program that is included within the block grant that the State
10Board of Education shall award the district under this Section
11for that fiscal year. In the case of the Summer Bridges
12program, the amount of the district's block grant shall be
13equal to 44% of the amount of the current fiscal year
14appropriation made for that program.
15    (e) The district is not required to file any application or
16other claim in order to receive the block grants to which it is
17entitled under this Section. The State Board of Education shall
18make payments to the district of amounts due under the
19district's block grants on a schedule determined by the State
20Board of Education.
21    (f) A school district to which this Section applies shall
22report to the State Board of Education on its use of the block
23grants in such form and detail as the State Board of Education
24may specify. In addition, the report must include the following
25description for the district, which must also be reported to
26the General Assembly: block grant allocation and expenditures

 

 

10000SB1947ham004- 155 -LRB100 09675 MLM 28408 a

1by program; population and service levels by program; and
2administrative expenditures by program. The State Board of
3Education shall ensure that the reporting requirements for the
4district are the same as for all other school districts in this
5State.
6    (g) Through fiscal year 2017, this This paragraph provides
7for the treatment of block grants under Article 1C for purposes
8of calculating the amount of block grants for a district under
9this Section. Those block grants under Article 1C are, for this
10purpose, treated as included in the amount of appropriation for
11the various programs set forth in paragraph (b) above. The
12appropriation in each current fiscal year for each block grant
13under Article 1C shall be treated for these purposes as
14appropriations for the individual program included in that
15block grant. The proportion of each block grant so allocated to
16each such program included in it shall be the proportion which
17the appropriation for that program was of all appropriations
18for such purposes now in that block grant, in fiscal 1995.
19    Payments to the school district under this Section with
20respect to each program for which payments to school districts
21generally, as of the date of this amendatory Act of the 92nd
22General Assembly, are on a reimbursement basis shall continue
23to be made to the district on a reimbursement basis, pursuant
24to the provisions of this Code governing those programs.
25    (h) Notwithstanding any other provision of law, any school
26district receiving a block grant under this Section may

 

 

10000SB1947ham004- 156 -LRB100 09675 MLM 28408 a

1classify all or a portion of the funds that it receives in a
2particular fiscal year from any block grant authorized under
3this Code or from general State aid pursuant to Section 18-8.05
4of this Code (other than supplemental general State aid) as
5funds received in connection with any funding program for which
6it is entitled to receive funds from the State in that fiscal
7year (including, without limitation, any funding program
8referred to in subsection (c) of this Section), regardless of
9the source or timing of the receipt. The district may not
10classify more funds as funds received in connection with the
11funding program than the district is entitled to receive in
12that fiscal year for that program. Any classification by a
13district must be made by a resolution of its board of
14education. The resolution must identify the amount of any block
15grant or general State aid to be classified under this
16subsection (h) and must specify the funding program to which
17the funds are to be treated as received in connection
18therewith. This resolution is controlling as to the
19classification of funds referenced therein. A certified copy of
20the resolution must be sent to the State Superintendent of
21Education. The resolution shall still take effect even though a
22copy of the resolution has not been sent to the State
23Superintendent of Education in a timely manner. No
24classification under this subsection (h) by a district shall
25affect the total amount or timing of money the district is
26entitled to receive under this Code. No classification under

 

 

10000SB1947ham004- 157 -LRB100 09675 MLM 28408 a

1this subsection (h) by a district shall in any way relieve the
2district from or affect any requirements that otherwise would
3apply with respect to the block grant as provided in this
4Section, including any accounting of funds by source, reporting
5expenditures by original source and purpose, reporting
6requirements, or requirements of provision of services.
7(Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11;
897-813, eff. 7-13-12.)
 
9    (105 ILCS 5/1E-20)
10    (This Section scheduled to be repealed in accordance with
11105 ILCS 5/1E-165)
12    Sec. 1E-20. Members of Authority; meetings.
13    (a) When a petition for a School Finance Authority is
14allowed by the State Board under Section 1E-15 of this Code,
15the State Superintendent shall within 10 days thereafter
16appoint 5 members to serve on a School Finance Authority for
17the district. Of the initial members, 2 shall be appointed to
18serve a term of 2 years and 3 shall be appointed to serve a term
19of 3 years. Thereafter, each member shall serve for a term of 3
20years and until his or her successor has been appointed. The
21State Superintendent shall designate one of the members of the
22Authority to serve as its Chairperson. In the event of vacancy
23or resignation, the State Superintendent shall, within 10 days
24after receiving notice, appoint a successor to serve out that
25member's term. The State Superintendent may remove a member for

 

 

10000SB1947ham004- 158 -LRB100 09675 MLM 28408 a

1incompetence, malfeasance, neglect of duty, or other just
2cause.
3    Members of the Authority shall be selected primarily on the
4basis of their experience and education in financial
5management, with consideration given to persons knowledgeable
6in education finance. Two members of the Authority shall be
7residents of the school district that the Authority serves. A
8member of the Authority may not be a member of the district's
9school board or an employee of the district nor may a member
10have a direct financial interest in the district.
11    Authority members shall serve without compensation, but
12may be reimbursed by the State Board for travel and other
13necessary expenses incurred in the performance of their
14official duties. Unless paid from bonds issued under Section
151E-65 of this Code, the amount reimbursed members for their
16expenses shall be charged to the school district as part of any
17emergency financial assistance and incorporated as a part of
18the terms and conditions for repayment of the assistance or
19shall be deducted from the district's general State aid or
20evidence-based funding as provided in Section 1B-8 of this
21Code.
22    The Authority may elect such officers as it deems
23appropriate.
24    (b) The first meeting of the Authority shall be held at the
25call of the Chairperson. The Authority shall prescribe the
26times and places for its meetings and the manner in which

 

 

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1regular and special meetings may be called and shall comply
2with the Open Meetings Act.
3    Three members of the Authority shall constitute a quorum.
4When a vote is taken upon any measure before the Authority, a
5quorum being present, a majority of the votes of the members
6voting on the measure shall determine the outcome.
7(Source: P.A. 92-547, eff. 6-13-02.)
 
8    (105 ILCS 5/1F-20)
9(This Section scheduled to be repealed in accordance with 105
10ILCS 5/1F-165)
11    Sec. 1F-20. Members of Authority; meetings.
12    (a) Upon establishment of a School Finance Authority under
13Section 1F-15 of this Code, the State Superintendent shall
14within 15 days thereafter appoint 5 members to serve on a
15School Finance Authority for the district. Of the initial
16members, 2 shall be appointed to serve a term of 2 years and 3
17shall be appointed to serve a term of 3 years. Thereafter, each
18member shall serve for a term of 3 years and until his or her
19successor has been appointed. The State Superintendent shall
20designate one of the members of the Authority to serve as its
21Chairperson. In the event of vacancy or resignation, the State
22Superintendent shall, within 10 days after receiving notice,
23appoint a successor to serve out that member's term. The State
24Superintendent may remove a member for incompetence,
25malfeasance, neglect of duty, or other just cause.

 

 

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1    Members of the Authority shall be selected primarily on the
2basis of their experience and education in financial
3management, with consideration given to persons knowledgeable
4in education finance. Two members of the Authority shall be
5residents of the school district that the Authority serves. A
6member of the Authority may not be a member of the district's
7school board or an employee of the district nor may a member
8have a direct financial interest in the district.
9    Authority members shall be paid a stipend approved by the
10State Superintendent of not more than $100 per meeting and may
11be reimbursed by the State Board for travel and other necessary
12expenses incurred in the performance of their official duties.
13Unless paid from bonds issued under Section 1F-65 of this Code,
14the amount reimbursed members for their expenses shall be
15charged to the school district as part of any emergency
16financial assistance and incorporated as a part of the terms
17and conditions for repayment of the assistance or shall be
18deducted from the district's general State aid or
19evidence-based funding as provided in Section 1B-8 of this
20Code.
21    The Authority may elect such officers as it deems
22appropriate.
23    (b) The first meeting of the Authority shall be held at the
24call of the Chairperson. The Authority shall prescribe the
25times and places for its meetings and the manner in which
26regular and special meetings may be called and shall comply

 

 

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1with the Open Meetings Act.
2    Three members of the Authority shall constitute a quorum.
3When a vote is taken upon any measure before the Authority, a
4quorum being present, a majority of the votes of the members
5voting on the measure shall determine the outcome.
6(Source: P.A. 94-234, eff. 7-1-06.)
 
7    (105 ILCS 5/1F-62)
8(This Section scheduled to be repealed in accordance with 105
9ILCS 5/1F-165)
10    Sec. 1F-62. School District Emergency Financial Assistance
11Fund; grants and loans.
12    (a) Moneys in the School District Emergency Financial
13Assistance Fund established under Section 1B-8 of this Code may
14be allocated and expended by the State Board as grants to
15provide technical and consulting services to school districts
16to assess their financial condition and by the Illinois Finance
17Authority for emergency financial assistance loans to a School
18Finance Authority that petitions for emergency financial
19assistance. An emergency financial assistance loan to a School
20Finance Authority or borrowing from sources other than the
21State shall not be considered as part of the calculation of a
22district's debt for purposes of the limitation specified in
23Section 19-1 of this Code. From the amount allocated to each
24School Finance Authority, the State Board shall identify a sum
25sufficient to cover all approved costs of the School Finance

 

 

10000SB1947ham004- 162 -LRB100 09675 MLM 28408 a

1Authority. If the State Board and State Superintendent have not
2approved emergency financial assistance in conjunction with
3the appointment of a School Finance Authority, the Authority's
4approved costs shall be paid from deductions from the
5district's general State aid or evidence-based funding.
6    The School Finance Authority may prepare and file with the
7State Superintendent a proposal for emergency financial
8assistance for the school district and for its operations
9budget. No expenditures shall be authorized by the State
10Superintendent until he or she has approved the proposal of the
11School Finance Authority, either as submitted or in such lesser
12amount determined by the State Superintendent.
13    (b) The amount of an emergency financial assistance loan
14that may be allocated to a School Finance Authority under this
15Article, including moneys necessary for the operations of the
16School Finance Authority, and borrowing from sources other than
17the State shall not exceed, in the aggregate, $4,000 times the
18number of pupils enrolled in the district during the school
19year ending June 30 prior to the date of approval by the State
20Board of the petition for emergency financial assistance, as
21certified to the school board and the School Finance Authority
22by the State Superintendent. However, this limitation does not
23apply to borrowing by the district secured by amounts levied by
24the district prior to establishment of the School Finance
25Authority. An emergency financial assistance grant shall not
26exceed $1,000 times the number of such pupils. A district may

 

 

10000SB1947ham004- 163 -LRB100 09675 MLM 28408 a

1receive both a loan and a grant.
2    (c) The payment of a State emergency financial assistance
3grant or loan shall be subject to appropriation by the General
4Assembly. State emergency financial assistance allocated and
5paid to a School Finance Authority under this Article may be
6applied to any fund or funds from which the School Finance
7Authority is authorized to make expenditures by law.
8    (d) Any State emergency financial assistance proposed by
9the School Finance Authority and approved by the State
10Superintendent may be paid in its entirety during the initial
11year of the School Finance Authority's existence or spread in
12equal or declining amounts over a period of years not to exceed
13the period of the School Finance Authority's existence. The
14State Superintendent shall not approve any loan to the School
15Finance Authority unless the School Finance Authority has been
16unable to borrow sufficient funds to operate the district.
17    All loan payments made from the School District Emergency
18Financial Assistance Fund to a School Finance Authority shall
19be required to be repaid not later than the date the School
20Finance Authority ceases to exist, with simple interest over
21the term of the loan at a rate equal to 50% of the one-year
22Constant Maturity Treasury (CMT) yield as last published by the
23Board of Governors of the Federal Reserve System before the
24date on which the School Finance Authority's loan is approved
25by the State Board.
26    The School Finance Authority shall establish and the

 

 

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1Illinois Finance Authority shall approve the terms and
2conditions of the loan, including the schedule of repayments.
3The schedule shall provide for repayments commencing July 1 of
4each year or upon each fiscal year's receipt of moneys from a
5tax levy for emergency financial assistance. Repayment shall be
6incorporated into the annual budget of the district and may be
7made from any fund or funds of the district in which there are
8moneys available. Default on repayment is subject to the
9Illinois Grant Funds Recovery Act. When moneys are repaid as
10provided in this Section, they shall not be made available to
11the School Finance Authority for further use as emergency
12financial assistance under this Article at any time thereafter.
13All repayments required to be made by a School Finance
14Authority shall be received by the State Board and deposited in
15the School District Emergency Financial Assistance Fund.
16    In establishing the terms and conditions for the repayment
17obligation of the School Finance Authority, the School Finance
18Authority shall annually determine whether a separate local
19property tax levy is required to meet that obligation. The
20School Finance Authority shall provide for a separate tax levy
21for emergency financial assistance repayment purposes. This
22tax levy shall not be subject to referendum approval. The
23amount of the levy shall not exceed the amount necessary to
24meet the annual emergency financial repayment obligations of
25the district, including principal and interest, as established
26by the School Finance Authority.

 

 

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1(Source: P.A. 94-234, eff. 7-1-06.)
 
2    (105 ILCS 5/1H-20)
3    Sec. 1H-20. Members of Panel; meetings.
4    (a) Upon establishment of a Financial Oversight Panel under
5Section 1H-15 of this Code, the State Superintendent shall
6within 15 working days thereafter appoint 5 members to serve on
7a Financial Oversight Panel for the district. Members appointed
8to the Panel shall serve at the pleasure of the State
9Superintendent. The State Superintendent shall designate one
10of the members of the Panel to serve as its Chairperson. In the
11event of vacancy or resignation, the State Superintendent
12shall, within 10 days after receiving notice, appoint a
13successor to serve out that member's term.
14    (b) Members of the Panel shall be selected primarily on the
15basis of their experience and education in financial
16management, with consideration given to persons knowledgeable
17in education finance. Two members of the Panel shall be
18residents of the school district that the Panel serves. A
19member of the Panel may not be a member of the district's
20school board or an employee of the district nor may a member
21have a direct financial interest in the district.
22    (c) Panel members may be reimbursed by the State Board for
23travel and other necessary expenses incurred in the performance
24of their official duties. The amount reimbursed members for
25their expenses shall be charged to the school district as part

 

 

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1of any emergency financial assistance and incorporated as a
2part of the terms and conditions for repayment of the
3assistance or shall be deducted from the district's general
4State aid or evidence-based funding as provided in Section
51H-65 of this Code.
6    (d) With the exception of the chairperson, who shall be
7designated as provided in subsection (a) of this Section, the
8Panel may elect such officers as it deems appropriate.
9    (e) The first meeting of the Panel shall be held at the
10call of the Chairperson. The Panel shall prescribe the times
11and places for its meetings and the manner in which regular and
12special meetings may be called and shall comply with the Open
13Meetings Act. The Panel shall also comply with the Freedom of
14Information Act.
15    (f) Three members of the Panel shall constitute a quorum. A
16majority of members present is required to pass a measure.
17(Source: P.A. 97-429, eff. 8-16-11.)
 
18    (105 ILCS 5/1H-70)
19    Sec. 1H-70. Tax anticipation warrants, tax anticipation
20notes, revenue anticipation certificates or notes, general
21State aid or evidence-based funding anticipation certificates,
22and lines of credit. With the approval of the State
23Superintendent and provided that the district is unable to
24secure short-term financing after 3 attempts, a Panel shall
25have the same power as a district to do the following:

 

 

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1        (1) issue tax anticipation warrants under the
2    provisions of Section 17-16 of this Code against taxes
3    levied by either the school board or the Panel pursuant to
4    Section 1H-25 of this Code;
5        (2) issue tax anticipation notes under the provisions
6    of the Tax Anticipation Note Act against taxes levied by
7    either the school board or the Panel pursuant to Section
8    1H-25 of this Code;
9        (3) issue revenue anticipation certificates or notes
10    under the provisions of the Revenue Anticipation Act;
11        (4) issue general State aid or evidence-based funding
12    anticipation certificates under the provisions of Section
13    18-18 of this Code; and
14        (5) establish and utilize lines of credit under the
15    provisions of Section 17-17 of this Code.
16    Tax anticipation warrants, tax anticipation notes, revenue
17anticipation certificates or notes, general State aid or
18evidence-based funding anticipation certificates, and lines of
19credit are considered borrowing from sources other than the
20State and are subject to Section 1H-65 of this Code.
21(Source: P.A. 97-429, eff. 8-16-11.)
 
22    (105 ILCS 5/2-3.33)  (from Ch. 122, par. 2-3.33)
23    Sec. 2-3.33. Recomputation of claims. To recompute within
243 years from the final date for filing of a claim any claim for
25general State aid reimbursement to any school district and one

 

 

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1year from the final date for filing of a claim for
2evidence-based funding if the claim has been found to be
3incorrect and to adjust subsequent claims accordingly, and to
4recompute and adjust any such claims within 6 years from the
5final date for filing when there has been an adverse court or
6administrative agency decision on the merits affecting the tax
7revenues of the school district. However, no such adjustment
8shall be made regarding equalized assessed valuation unless the
9district's equalized assessed valuation is changed by greater
10than $250,000 or 2%. Any adjustments for claims recomputed for
11the 2016-2017 school year and prior school years shall be
12applied to the apportionment of evidence-based funding in
13Section 18-8.15 of this Code beginning in the 2017-2018 school
14year and thereafter. However, the recomputation of a claim for
15evidence-based funding for a school district shall not require
16the recomputation of claims for all districts, and the State
17Board of Education shall only make recomputations of
18evidence-based funding for those districts where an adjustment
19is required.
20    Except in the case of an adverse court or administrative
21agency decision, no recomputation of a State aid claim shall be
22made pursuant to this Section as a result of a reduction in the
23assessed valuation of a school district from the assessed
24valuation of the district reported to the State Board of
25Education by the Department of Revenue under Section 18-8.05 or
2618-8.15 of this Code unless the requirements of Section 16-15

 

 

10000SB1947ham004- 169 -LRB100 09675 MLM 28408 a

1of the Property Tax Code and Section 2-3.84 of this Code are
2complied with in all respects.
3    This paragraph applies to all requests for recomputation of
4a general State aid or evidence-based funding claim received
5after June 30, 2003. In recomputing a general State aid or
6evidence-based funding claim that was originally calculated
7using an extension limitation equalized assessed valuation
8under paragraph (3) of subsection (G) of Section 18-8.05 of
9this Code or Section 18-8.15 of this Code, a qualifying
10reduction in equalized assessed valuation shall be deducted
11from the extension limitation equalized assessed valuation
12that was used in calculating the original claim.
13    From the total amount of general State aid or
14evidence-based funding to be provided to districts,
15adjustments as a result of recomputation under this Section
16together with adjustments under Section 2-3.84 must not exceed
17$25 million, in the aggregate for all districts under both
18Sections combined, of the general State aid or evidence-based
19funding appropriation in any fiscal year; if necessary, amounts
20shall be prorated among districts. If it is necessary to
21prorate claims under this paragraph, then that portion of each
22prorated claim that is approved but not paid in the current
23fiscal year may be resubmitted as a valid claim in the
24following fiscal year.
25(Source: P.A. 93-845, eff. 7-30-04.)
 

 

 

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1    (105 ILCS 5/2-3.51.5)
2    Sec. 2-3.51.5. School Safety and Educational Improvement
3Block Grant Program. To improve the level of education and
4safety of students from kindergarten through grade 12 in school
5districts and State-recognized, non-public schools. The State
6Board of Education is authorized to fund a School Safety and
7Educational Improvement Block Grant Program.
8    (1) For school districts, the program shall provide funding
9for school safety, textbooks and software, electronic
10textbooks and the technological equipment necessary to gain
11access to and use electronic textbooks, teacher training and
12curriculum development, school improvements, school report
13cards under Section 10-17a, and criminal history records checks
14under Sections 10-21.9 and 34-18.5. For State-recognized,
15non-public schools, the program shall provide funding for
16secular textbooks and software, criminal history records
17checks, and health and safety mandates to the extent that the
18funds are expended for purely secular purposes. A school
19district or laboratory school as defined in Section 18-8, or
2018-8.05, or 18-8.15 is not required to file an application in
21order to receive the categorical funding to which it is
22entitled under this Section. Funds for the School Safety and
23Educational Improvement Block Grant Program shall be
24distributed to school districts and laboratory schools based on
25the prior year's best 3 months average daily attendance. Funds
26for the School Safety and Educational Improvement Block Grant

 

 

10000SB1947ham004- 171 -LRB100 09675 MLM 28408 a

1Program shall be distributed to State-recognized, non-public
2schools based on the average daily attendance figure for the
3previous school year provided to the State Board of Education.
4The State Board of Education shall develop an application that
5requires State-recognized, non-public schools to submit
6average daily attendance figures. A State-recognized,
7non-public school must submit the application and average daily
8attendance figure prior to receiving funds under this Section.
9The State Board of Education shall promulgate rules and
10regulations necessary for the implementation of this program.
11    (2) Distribution of moneys to school districts and
12State-recognized, non-public schools shall be made in 2
13semi-annual installments, one payment on or before October 30,
14and one payment prior to April 30, of each fiscal year.
15    (3) Grants under the School Safety and Educational
16Improvement Block Grant Program shall be awarded provided there
17is an appropriation for the program, and funding levels for
18each district shall be prorated according to the amount of the
19appropriation.
20    (4) The provisions of this Section are in the public
21interest, are for the public benefit, and serve secular public
22purposes.
23(Source: P.A. 98-972, eff. 8-15-14.)
 
24    (105 ILCS 5/2-3.66)  (from Ch. 122, par. 2-3.66)
25    Sec. 2-3.66. Truants' alternative and optional education

 

 

10000SB1947ham004- 172 -LRB100 09675 MLM 28408 a

1programs. To establish projects to offer modified
2instructional programs or other services designed to prevent
3students from dropping out of school, including programs
4pursuant to Section 2-3.41, and to serve as a part time or full
5time option in lieu of regular school attendance and to award
6grants to local school districts, educational service regions
7or community college districts from appropriated funds to
8assist districts in establishing such projects. The education
9agency may operate its own program or enter into a contract
10with another not-for-profit entity to implement the program.
11The projects shall allow dropouts, up to and including age 21,
12potential dropouts, including truants, uninvolved, unmotivated
13and disaffected students, as defined by State Board of
14Education rules and regulations, to enroll, as an alternative
15to regular school attendance, in an optional education program
16which may be established by school board policy and is in
17conformance with rules adopted by the State Board of Education.
18Truants' Alternative and Optional Education programs funded
19pursuant to this Section shall be planned by a student, the
20student's parents or legal guardians, unless the student is 18
21years or older, and school officials and shall culminate in an
22individualized optional education plan. Such plan shall focus
23on academic or vocational skills, or both, and may include, but
24not be limited to, evening school, summer school, community
25college courses, adult education, preparation courses for high
26school equivalency testing, vocational training, work

 

 

10000SB1947ham004- 173 -LRB100 09675 MLM 28408 a

1experience, programs to enhance self concept and parenting
2courses. School districts which are awarded grants pursuant to
3this Section shall be authorized to provide day care services
4to children of students who are eligible and desire to enroll
5in programs established and funded under this Section, but only
6if and to the extent that such day care is necessary to enable
7those eligible students to attend and participate in the
8programs and courses which are conducted pursuant to this
9Section. School districts and regional offices of education may
10claim general State aid under Section 18-8.05 or evidence-based
11funding under Section 18-8.15 for students enrolled in truants'
12alternative and optional education programs, provided that
13such students are receiving services that are supplemental to a
14program leading to a high school diploma and are otherwise
15eligible to be claimed for general State aid under Section
1618-8.05 or evidence-based funding under Section 18-8.15, as
17applicable.
18(Source: P.A. 98-718, eff. 1-1-15.)
 
19    (105 ILCS 5/2-3.66b)
20    Sec. 2-3.66b. IHOPE Program.
21    (a) There is established the Illinois Hope and Opportunity
22Pathways through Education (IHOPE) Program. The State Board of
23Education shall implement and administer the IHOPE Program. The
24goal of the IHOPE Program is to develop a comprehensive system
25in this State to re-enroll significant numbers of high school

 

 

10000SB1947ham004- 174 -LRB100 09675 MLM 28408 a

1dropouts in programs that will enable them to earn their high
2school diploma.
3    (b) The IHOPE Program shall award grants, subject to
4appropriation for this purpose, to educational service regions
5and a school district organized under Article 34 of this Code
6from appropriated funds to assist in establishing
7instructional programs and other services designed to
8re-enroll high school dropouts. From any funds appropriated for
9the IHOPE Program, the State Board of Education may use up to
105% for administrative costs, including the performance of a
11program evaluation and the hiring of staff to implement and
12administer the program.
13    The IHOPE Program shall provide incentive grant funds for
14regional offices of education and a school district organized
15under Article 34 of this Code to develop partnerships with
16school districts, public community colleges, and community
17groups to build comprehensive plans to re-enroll high school
18dropouts in their regions or districts.
19    Programs funded through the IHOPE Program shall allow high
20school dropouts, up to and including age 21 notwithstanding
21Section 26-2 of this Code, to re-enroll in an educational
22program in conformance with rules adopted by the State Board of
23Education. Programs may include without limitation
24comprehensive year-round programming, evening school, summer
25school, community college courses, adult education, vocational
26training, work experience, programs to enhance self-concept,

 

 

10000SB1947ham004- 175 -LRB100 09675 MLM 28408 a

1and parenting courses. Any student in the IHOPE Program who
2wishes to earn a high school diploma must meet the
3prerequisites to receiving a high school diploma specified in
4Section 27-22 of this Code and any other graduation
5requirements of the student's district of residence. Any
6student who successfully completes the requirements for his or
7her graduation shall receive a diploma identifying the student
8as graduating from his or her district of residence.
9    (c) In order to be eligible for funding under the IHOPE
10Program, an interested regional office of education or a school
11district organized under Article 34 of this Code shall develop
12an IHOPE Plan to be approved by the State Board of Education.
13The State Board of Education shall develop rules for the IHOPE
14Program that shall set forth the requirements for the
15development of the IHOPE Plan. Each Plan shall involve school
16districts, public community colleges, and key community
17programs that work with high school dropouts located in an
18educational service region or the City of Chicago before the
19Plan is sent to the State Board for approval. No funds may be
20distributed to a regional office of education or a school
21district organized under Article 34 of this Code until the
22State Board has approved the Plan.
23    (d) A regional office of education or a school district
24organized under Article 34 of this Code may operate its own
25program funded by the IHOPE Program or enter into a contract
26with other not-for-profit entities, including school

 

 

10000SB1947ham004- 176 -LRB100 09675 MLM 28408 a

1districts, public community colleges, and not-for-profit
2community-based organizations, to operate a program.
3    A regional office of education or a school district
4organized under Article 34 of this Code that receives an IHOPE
5grant from the State Board of Education may provide funds under
6a sub-grant, as specified in the IHOPE Plan, to other
7not-for-profit entities to provide services according to the
8IHOPE Plan that was developed. These other entities may include
9school districts, public community colleges, or not-for-profit
10community-based organizations or a cooperative partnership
11among these entities.
12    (e) In order to distribute funding based upon the need to
13ensure delivery of programs that will have the greatest impact,
14IHOPE Program funding must be distributed based upon the
15proportion of dropouts in the educational service region or
16school district, in the case of a school district organized
17under Article 34 of this Code, to the total number of dropouts
18in this State. This formula shall employ the dropout data
19provided by school districts to the State Board of Education.
20    A regional office of education or a school district
21organized under Article 34 of this Code may claim State aid
22under Section 18-8.05 or 18-8.15 of this Code for students
23enrolled in a program funded by the IHOPE Program, provided
24that the State Board of Education has approved the IHOPE Plan
25and that these students are receiving services that are meeting
26the requirements of Section 27-22 of this Code for receipt of a

 

 

10000SB1947ham004- 177 -LRB100 09675 MLM 28408 a

1high school diploma and are otherwise eligible to be claimed
2for general State aid under Section 18-8.05 of this Code or
3evidence-based funding under Section 18-8.15 of this Code,
4including provisions related to the minimum number of days of
5pupil attendance pursuant to Section 10-19 of this Code and the
6minimum number of daily hours of school work and any exceptions
7thereto as defined by the State Board of Education in rules.
8    (f) IHOPE categories of programming may include the
9following:
10        (1) Full-time programs that are comprehensive,
11    year-round programs.
12        (2) Part-time programs combining work and study
13    scheduled at various times that are flexible to the needs
14    of students.
15        (3) Online programs and courses in which students take
16    courses and complete on-site, supervised tests that
17    measure the student's mastery of a specific course needed
18    for graduation. Students may take courses online and earn
19    credit or students may prepare to take supervised tests for
20    specific courses for credit leading to receipt of a high
21    school diploma.
22        (4) Dual enrollment in which students attend high
23    school classes in combination with community college
24    classes or students attend community college classes while
25    simultaneously earning high school credit and eventually a
26    high school diploma.

 

 

10000SB1947ham004- 178 -LRB100 09675 MLM 28408 a

1    (g) In order to have successful comprehensive programs
2re-enrolling and graduating low-skilled high school dropouts,
3programs funded through the IHOPE Program shall include all of
4the following components:
5        (1) Small programs (70 to 100 students) at a separate
6    school site with a distinct identity. Programs may be
7    larger with specific need and justification, keeping in
8    mind that it is crucial to keep programs small to be
9    effective.
10        (2) Specific performance-based goals and outcomes and
11    measures of enrollment, attendance, skills, credits,
12    graduation, and the transition to college, training, and
13    employment.
14        (3) Strong, experienced leadership and teaching staff
15    who are provided with ongoing professional development.
16        (4) Voluntary enrollment.
17        (5) High standards for student learning, integrating
18    work experience, and education, including during the
19    school year and after school, and summer school programs
20    that link internships, work, and learning.
21        (6) Comprehensive programs providing extensive support
22    services.
23        (7) Small teams of students supported by full-time paid
24    mentors who work to retain and help those students
25    graduate.
26        (8) A comprehensive technology learning center with

 

 

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1    Internet access and broad-based curriculum focusing on
2    academic and career subject areas.
3        (9) Learning opportunities that incorporate action
4    into study.
5    (h) Programs funded through the IHOPE Program must report
6data to the State Board of Education as requested. This
7information shall include, but is not limited to, student
8enrollment figures, attendance information, course completion
9data, graduation information, and post-graduation information,
10as available.
11    (i) Rules must be developed by the State Board of Education
12to set forth the fund distribution process to regional offices
13of education and a school district organized under Article 34
14of this Code, the planning and the conditions upon which an
15IHOPE Plan would be approved by State Board, and other rules to
16develop the IHOPE Program.
17(Source: P.A. 96-106, eff. 7-30-09.)
 
18    (105 ILCS 5/2-3.84)  (from Ch. 122, par. 2-3.84)
19    Sec. 2-3.84. In calculating the amount of State aid to be
20apportioned to the various school districts in this State, the
21State Board of Education shall incorporate and deduct the total
22aggregate adjustments to assessments made by the State Property
23Tax Appeal Board or Cook County Board of Appeals, as reported
24pursuant to Section 16-15 of the Property Tax Code or Section
25129.1 of the Revenue Act of 1939 by the Department of Revenue,

 

 

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1from the equalized assessed valuation that is otherwise to be
2utilized in the initial calculation.
3    From the total amount of general State aid or
4evidence-based funding to be provided to districts,
5adjustments under this Section together with adjustments as a
6result of recomputation under Section 2-3.33 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 5/2-3.109a)
17    Sec. 2-3.109a. Laboratory schools grant eligibility. A
18laboratory school as defined in Section 18-8 or 18-8.15 may
19apply for and be eligible to receive, subject to the same
20restrictions applicable to school districts, any grant
21administered by the State Board of Education that is available
22for school districts.
23(Source: P.A. 90-566, eff. 1-2-98.)
 
24    (105 ILCS 5/2-3.170 new)

 

 

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1    Sec. 2-3.170. Property tax relief pool grants.
2    (a) As used in this Section,
3    "Property tax multiplier" equals one minus the square of
4the school district's Local Capacity Percentage, as defined in
5Section 18-8.15 of this Code.
6    "State Board" means the State Board of Education.
7    "Unit equivalent tax rate" means the Adjusted Operating Tax
8Rate, as defined in Section 18-8.15 of this Code, multiplied by
9a factor of 1 for unit school district, 13/9 for elementary
10school districts, and 13/4 for high school districts.
11    (b) Subject to appropriation, the State Board shall provide
12grants to eligible school districts that provide tax relief to
13the school district's residents, up to a limit of 1% of the
14school district's equalized assessed value, as provided in this
15Section.
16    (c) By August 1 of each year, the State Board shall publish
17an estimated unit equivalent tax rate above which school
18districts are eligible for relief under this Section. This
19estimated tax rate shall be based on the most recent available
20data provided by school districts pursuant to Section 18-8.15
21of this Code. The State Board shall estimate this property tax
22rate based on the amount appropriated to the grant program and
23the assumption that a set of school districts, based on
24criteria established by the State Board, will apply for grants
25under this Section. The criteria shall be based on reasonable
26assumptions about when school districts will apply for the

 

 

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1grant.
2    (d) School districts seeking grants under this Section
3shall apply to the State Board by October 1 of each year. All
4applications to the State Board for grants shall include the
5amount of the grant requested.
6    (e) By December 1 of each year, based on the most recent
7available data provided by school districts pursuant to Section
818-8.15 of this Code, the State Board shall calculate the unit
9equivalent tax rate, based on the applications received by the
10State Board, above which the appropriations are sufficient to
11provide relief and publish a list of the school districts
12eligible for relief.
13    (f) The State Board shall publish a final list of grant
14recipients and provide payment of the grants by January 15 of
15each year.
16    (g) If payment from the State Board is received by the
17school district on time, the school district shall reduce its
18property tax levy in an amount equal to the grant received
19under this Section.
20    (h) The total grant to a school district under this Section
21shall be calculated based on the total amount of reduction in
22the school district's aggregate extension, up to a limit of 1%
23of a district's equalized assessed value for a unit school
24district, 0.69% for an elementary school district, and 0.31%
25for a high school district, multiplied by the property tax
26multiplier or the amount that the unit equivalent tax rate is

 

 

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1greater than the rate determined by the State Board, whichever
2is less.
3    (i) If the State Board does not expend all appropriations
4allocated pursuant to this Section, then any remaining funds
5shall be allocated pursuant to Section 18-8.15 of this Code.
6    (j) The State Board shall prioritize payments under Section
718-8.15 of this Code over payments under this Section, if
8necessary.
9    (k) Any grants received by a school district shall be
10included in future calculations of that school district's Base
11Funding Minimum under Section 18-8.15 of this Code.
12    (l) In the tax year following receipt of a Property Tax
13Pool Relief Grant, the aggregate levy of any school district
14receiving a grant under this Section, for purposes of the
15Property Tax Extension Limitation Law, shall include the tax
16relief the school district provided in the previous taxable
17year under this Section.
 
18    (105 ILCS 5/3-14.21)  (from Ch. 122, par. 3-14.21)
19    Sec. 3-14.21. Inspection of schools.
20    (a) The regional superintendent shall inspect and survey
21all public schools under his or her supervision and notify the
22board of education, or the trustees of schools in a district
23with trustees, in writing before July 30, whether or not the
24several schools in their district have been kept as required by
25law, using forms provided by the State Board of Education which

 

 

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1are based on the Health/Life Safety Code for Public Schools
2adopted under Section 2-3.12. The regional superintendent
3shall report his or her findings to the State Board of
4Education on forms provided by the State Board of Education.
5    (b) If the regional superintendent determines that a school
6board has failed in a timely manner to correct urgent items
7identified in a previous life-safety report completed under
8Section 2-3.12 or as otherwise previously ordered by the
9regional superintendent, the regional superintendent shall
10order the school board to adopt and submit to the regional
11superintendent a plan for the immediate correction of the
12building violations. This plan shall be adopted following a
13public hearing that is conducted by the school board on the
14violations and the plan and that is preceded by at least 7
15days' prior notice of the hearing published in a newspaper of
16general circulation within the school district. If the regional
17superintendent determines in the next annual inspection that
18the plan has not been completed and that the violations have
19not been corrected, the regional superintendent shall submit a
20report to the State Board of Education with a recommendation
21that the State Board withhold from payments of general State
22aid or evidence-based funding due to the district an amount
23necessary to correct the outstanding violations. The State
24Board, upon notice to the school board and to the regional
25superintendent, shall consider the report at a meeting of the
26State Board, and may order that a sufficient amount of general

 

 

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1State aid or evidence-based funding be withheld from payments
2due to the district to correct the violations. This amount
3shall be paid to the regional superintendent who shall contract
4on behalf of the school board for the correction of the
5outstanding violations.
6    (c) The Office of the State Fire Marshal or a qualified
7fire official, as defined in Section 2-3.12 of this Code, to
8whom the State Fire Marshal has delegated his or her authority
9shall conduct an annual fire safety inspection of each school
10building in this State. The State Fire Marshal or the fire
11official shall coordinate its inspections with the regional
12superintendent. The inspection shall be based on the fire
13safety code authorized in Section 2-3.12 of this Code. Any
14violations shall be reported in writing to the regional
15superintendent and shall reference the specific code sections
16where a discrepancy has been identified within 15 days after
17the inspection has been conducted. The regional superintendent
18shall address those violations that are not corrected in a
19timely manner pursuant to subsection (b) of this Section. The
20inspection must be at no cost to the school district.
21    (d) If a municipality or, in the case of an unincorporated
22area, a county or, if applicable, a fire protection district
23wishes to perform new construction inspections under the
24jurisdiction of a regional superintendent, then the entity must
25register this wish with the regional superintendent. These
26inspections must be based on the building code authorized in

 

 

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1Section 2-3.12 of this Code. The inspections must be at no cost
2to the school district.
3(Source: P.A. 96-734, eff. 8-25-09.)
 
4    (105 ILCS 5/7-14A)  (from Ch. 122, par. 7-14A)
5    Sec. 7-14A. Annexation compensation. There shall be no
6accounting made after a mere change in boundaries when no new
7district is created, except that those districts whose
8enrollment increases by 90% or more as a result of annexing
9territory detached from another district pursuant to this
10Article are eligible for supplementary State aid payments in
11accordance with Section 11E-135 of this Code. Eligible annexing
12districts shall apply to the State Board of Education for
13supplementary State aid payments by submitting enrollment
14figures for the year immediately preceding and the year
15immediately following the effective date of the boundary change
16for both the district gaining territory and the district losing
17territory. Copies of any intergovernmental agreements between
18the district gaining territory and the district losing
19territory detailing any transfer of fund balances and staff
20must also be submitted. In all instances of changes in
21boundaries, the district losing territory shall not count the
22average daily attendance of pupils living in the territory
23during the year preceding the effective date of the boundary
24change in its claim for reimbursement under Section 18-8.05 or
2518-8.15 of this Code for the school year following the

 

 

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1effective date of the change in boundaries and the district
2receiving the territory shall count the average daily
3attendance of pupils living in the territory during the year
4preceding the effective date of the boundary change in its
5claim for reimbursement under Section 18-8.05 or 18-8.15 of
6this Code for the school year following the effective date of
7the change in boundaries. The changes to this Section made by
8this amendatory Act of the 95th General Assembly are intended
9to be retroactive and applicable to any annexation taking
10effect on or after July 1, 2004.
11(Source: P.A. 99-657, eff. 7-28-16.)
 
12    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
13    Sec. 10-17a. State, school district, and school report
14cards.
15    (1) By October 31, 2013 and October 31 of each subsequent
16school year, the State Board of Education, through the State
17Superintendent of Education, shall prepare a State report card,
18school district report cards, and school report cards, and
19shall by the most economic means provide to each school
20district in this State, including special charter districts and
21districts subject to the provisions of Article 34, the report
22cards for the school district and each of its schools.
23    (2) In addition to any information required by federal law,
24the State Superintendent shall determine the indicators and
25presentation of the school report card, which must include, at

 

 

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1a minimum, the most current data possessed by the State Board
2of Education related to the following:
3        (A) school characteristics and student demographics,
4    including average class size, average teaching experience,
5    student racial/ethnic breakdown, and the percentage of
6    students classified as low-income; the percentage of
7    students classified as English learners; the percentage of
8    students who have individualized education plans or 504
9    plans that provide for special education services; the
10    percentage of students who annually transferred in or out
11    of the school district; the per-pupil operating
12    expenditure of the school district; and the per-pupil State
13    average operating expenditure for the district type
14    (elementary, high school, or unit);
15        (B) curriculum information, including, where
16    applicable, Advanced Placement, International
17    Baccalaureate or equivalent courses, dual enrollment
18    courses, foreign language classes, school personnel
19    resources (including Career Technical Education teachers),
20    before and after school programs, extracurricular
21    activities, subjects in which elective classes are
22    offered, health and wellness initiatives (including the
23    average number of days of Physical Education per week per
24    student), approved programs of study, awards received,
25    community partnerships, and special programs such as
26    programming for the gifted and talented, students with

 

 

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1    disabilities, and work-study students;
2        (C) student outcomes, including, where applicable, the
3    percentage of students deemed proficient on assessments of
4    State standards, the percentage of students in the eighth
5    grade who pass Algebra, the percentage of students enrolled
6    in post-secondary institutions (including colleges,
7    universities, community colleges, trade/vocational
8    schools, and training programs leading to career
9    certification within 2 semesters of high school
10    graduation), the percentage of students graduating from
11    high school who are college and career ready, and the
12    percentage of graduates enrolled in community colleges,
13    colleges, and universities who are in one or more courses
14    that the community college, college, or university
15    identifies as a developmental course;
16        (D) student progress, including, where applicable, the
17    percentage of students in the ninth grade who have earned 5
18    credits or more without failing more than one core class, a
19    measure of students entering kindergarten ready to learn, a
20    measure of growth, and the percentage of students who enter
21    high school on track for college and career readiness;
22        (E) the school environment, including, where
23    applicable, the percentage of students with less than 10
24    absences in a school year, the percentage of teachers with
25    less than 10 absences in a school year for reasons other
26    than professional development, leaves taken pursuant to

 

 

10000SB1947ham004- 190 -LRB100 09675 MLM 28408 a

1    the federal Family Medical Leave Act of 1993, long-term
2    disability, or parental leaves, the 3-year average of the
3    percentage of teachers returning to the school from the
4    previous year, the number of different principals at the
5    school in the last 6 years, 2 or more indicators from any
6    school climate survey selected or approved by the State and
7    administered pursuant to Section 2-3.153 of this Code, with
8    the same or similar indicators included on school report
9    cards for all surveys selected or approved by the State
10    pursuant to Section 2-3.153 of this Code, and the combined
11    percentage of teachers rated as proficient or excellent in
12    their most recent evaluation; and
13        (F) a school district's and its individual schools'
14    balanced accountability measure, in accordance with
15    Section 2-3.25a of this Code; .
16        (G) a school district's Final Percent of Adequacy, as
17    defined in paragraph (4) of subsection (f) of Section
18    18-8.15 of this Code;
19        (H) a school district's Local Capacity Target, as
20    defined in paragraph (2) of subsection (c) of Section
21    18-8.15 of this Code, displayed as a percentage amount; and
22        (I) a school district's Real Receipts, as defined in
23    paragraph (1) of subsection (d) of Section 18-8.15 of this
24    Code, divided by a school district's Adequacy Target, as
25    defined in paragraph (1) of subsection (b) of Section
26    18-8.15 of this Code, displayed as a percentage amount.

 

 

10000SB1947ham004- 191 -LRB100 09675 MLM 28408 a

1    The school report card shall also provide information that
2allows for comparing the current outcome, progress, and
3environment data to the State average, to the school data from
4the past 5 years, and to the outcomes, progress, and
5environment of similar schools based on the type of school and
6enrollment of low-income students, special education students,
7and English learners.
8    (3) At the discretion of the State Superintendent, the
9school district report card shall include a subset of the
10information identified in paragraphs (A) through (E) of
11subsection (2) of this Section, as well as information relating
12to the operating expense per pupil and other finances of the
13school district, and the State report card shall include a
14subset of the information identified in paragraphs (A) through
15(E) of subsection (2) of this Section.
16    (4) Notwithstanding anything to the contrary in this
17Section, in consultation with key education stakeholders, the
18State Superintendent shall at any time have the discretion to
19amend or update any and all metrics on the school, district, or
20State report card.
21    (5) Annually, no more than 30 calendar days after receipt
22of the school district and school report cards from the State
23Superintendent of Education, each school district, including
24special charter districts and districts subject to the
25provisions of Article 34, shall present such report cards at a
26regular school board meeting subject to applicable notice

 

 

10000SB1947ham004- 192 -LRB100 09675 MLM 28408 a

1requirements, post the report cards on the school district's
2Internet web site, if the district maintains an Internet web
3site, make the report cards available to a newspaper of general
4circulation serving the district, and, upon request, send the
5report cards home to a parent (unless the district does not
6maintain an Internet web site, in which case the report card
7shall be sent home to parents without request). If the district
8posts the report card on its Internet web site, the district
9shall send a written notice home to parents stating (i) that
10the report card is available on the web site, (ii) the address
11of the web site, (iii) that a printed copy of the report card
12will be sent to parents upon request, and (iv) the telephone
13number that parents may call to request a printed copy of the
14report card.
15    (6) Nothing contained in this amendatory Act of the 98th
16General Assembly repeals, supersedes, invalidates, or
17nullifies final decisions in lawsuits pending on the effective
18date of this amendatory Act of the 98th General Assembly in
19Illinois courts involving the interpretation of Public Act
2097-8.
21(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,
22eff. 7-10-15; 99-193, eff. 7-30-15; 99-642, eff. 7-28-16.)
 
23    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
24    Sec. 10-19. Length of school term - experimental programs.
25Each school board shall annually prepare a calendar for the

 

 

10000SB1947ham004- 193 -LRB100 09675 MLM 28408 a

1school term, specifying the opening and closing dates and
2providing a minimum term of at least 185 days to insure 176
3days of actual pupil attendance, computable under Section
418-8.05 or 18-8.15, except that for the 1980-1981 school year
5only 175 days of actual pupil attendance shall be required
6because of the closing of schools pursuant to Section 24-2 on
7January 29, 1981 upon the appointment by the President of that
8day as a day of thanksgiving for the freedom of the Americans
9who had been held hostage in Iran. Any days allowed by law for
10teachers' institutes but not used as such or used as parental
11institutes as provided in Section 10-22.18d shall increase the
12minimum term by the school days not so used. Except as provided
13in Section 10-19.1, the board may not extend the school term
14beyond such closing date unless that extension of term is
15necessary to provide the minimum number of computable days. In
16case of such necessary extension school employees shall be paid
17for such additional time on the basis of their regular
18contracts. A school board may specify a closing date earlier
19than that set on the annual calendar when the schools of the
20district have provided the minimum number of computable days
21under this Section. Nothing in this Section prevents the board
22from employing superintendents of schools, principals and
23other nonteaching personnel for a period of 12 months, or in
24the case of superintendents for a period in accordance with
25Section 10-23.8, or prevents the board from employing other
26personnel before or after the regular school term with payment

 

 

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1of salary proportionate to that received for comparable work
2during the school term.
3    A school board may make such changes in its calendar for
4the school term as may be required by any changes in the legal
5school holidays prescribed in Section 24-2. A school board may
6make changes in its calendar for the school term as may be
7necessary to reflect the utilization of teachers' institute
8days as parental institute days as provided in Section
910-22.18d.
10    The calendar for the school term and any changes must be
11submitted to and approved by the regional superintendent of
12schools before the calendar or changes may take effect.
13    With the prior approval of the State Board of Education and
14subject to review by the State Board of Education every 3
15years, any school board may, by resolution of its board and in
16agreement with affected exclusive collective bargaining
17agents, establish experimental educational programs, including
18but not limited to programs for e-learning days as authorized
19under Section 10-20.56 of this Code, self-directed learning, or
20outside of formal class periods, which programs when so
21approved shall be considered to comply with the requirements of
22this Section as respects numbers of days of actual pupil
23attendance and with the other requirements of this Act as
24respects courses of instruction.
25(Source: P.A. 98-756, eff. 7-16-14; 99-194, eff. 7-30-15.)
 

 

 

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1    (105 ILCS 5/10-22.5a)  (from Ch. 122, par. 10-22.5a)
2    Sec. 10-22.5a. Attendance by dependents of United States
3military personnel, foreign exchange students, and certain
4nonresident pupils.
5    (a) To enter into written agreements with cultural exchange
6organizations, or with nationally recognized eleemosynary
7institutions that promote excellence in the arts, mathematics,
8or science. The written agreements may provide for tuition free
9attendance at the local district school by foreign exchange
10students, or by nonresident pupils of eleemosynary
11institutions. The local board of education, as part of the
12agreement, may require that the cultural exchange program or
13the eleemosynary institutions provide services to the district
14in exchange for the waiver of nonresident tuition.
15    To enter into written agreements with adjacent school
16districts to provide for tuition free attendance by a student
17of the adjacent district when requested for the student's
18health and safety by the student or parent and both districts
19determine that the student's health or safety will be served by
20such attendance. Districts shall not be required to enter into
21such agreements nor be required to alter existing
22transportation services due to the attendance of such
23non-resident pupils.
24    (a-5) If, at the time of enrollment, a dependent of United
25States military personnel is housed in temporary housing
26located outside of a school district, but will be living within

 

 

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1the district within 60 days after the time of initial
2enrollment, the dependent must be allowed to enroll, subject to
3the requirements of this subsection (a-5), and must not be
4charged tuition. Any United States military personnel
5attempting to enroll a dependent under this subsection (a-5)
6shall provide proof that the dependent will be living within
7the district within 60 days after the time of initial
8enrollment. Proof of residency may include, but is not limited
9to, postmarked mail addressed to the military personnel and
10sent to an address located within the district, a lease
11agreement for occupancy of a residence located within the
12district, or proof of ownership of a residence located within
13the district.
14    (b) Nonresident pupils and foreign exchange students
15attending school on a tuition free basis under such agreements
16and nonresident dependents of United States military personnel
17attending school on a tuition free basis may be counted for the
18purposes of determining the apportionment of State aid provided
19under Section 18-8.05 or 18-8.15 of this Code. No organization
20or institution participating in agreements authorized under
21this Section may exclude any individual for participation in
22its program on account of the person's race, color, sex,
23religion or nationality.
24(Source: P.A. 98-739, eff. 7-16-14.)
 
25    (105 ILCS 5/10-22.20)  (from Ch. 122, par. 10-22.20)

 

 

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1    Sec. 10-22.20. Classes for adults and youths whose
2schooling has been interrupted; conditions for State
3reimbursement; use of child care facilities.
4    (a) To establish special classes for the instruction (1) of
5persons of age 21 years or over and (2) of persons less than
6age 21 and not otherwise in attendance in public school, for
7the purpose of providing adults in the community and youths
8whose schooling has been interrupted with such additional basic
9education, vocational skill training, and other instruction as
10may be necessary to increase their qualifications for
11employment or other means of self-support and their ability to
12meet their responsibilities as citizens, including courses of
13instruction regularly accepted for graduation from elementary
14or high schools and for Americanization and high school
15equivalency testing review classes.
16    The board shall pay the necessary expenses of such classes
17out of school funds of the district, including costs of student
18transportation and such facilities or provision for child-care
19as may be necessary in the judgment of the board to permit
20maximum utilization of the courses by students with children,
21and other special needs of the students directly related to
22such instruction. The expenses thus incurred shall be subject
23to State reimbursement, as provided in this Section. The board
24may make a tuition charge for persons taking instruction who
25are not subject to State reimbursement, such tuition charge not
26to exceed the per capita cost of such classes.

 

 

10000SB1947ham004- 198 -LRB100 09675 MLM 28408 a

1    The cost of such instruction, including the additional
2expenses herein authorized, incurred for recipients of
3financial aid under the Illinois Public Aid Code, or for
4persons for whom education and training aid has been authorized
5under Section 9-8 of that Code, shall be assumed in its
6entirety from funds appropriated by the State to the Illinois
7Community College Board.
8    (b) The Illinois Community College Board shall establish
9the standards for the courses of instruction reimbursed under
10this Section. The Illinois Community College Board shall
11supervise the administration of the programs. The Illinois
12Community College Board shall determine the cost of instruction
13in accordance with standards established by the Illinois
14Community College Board, including therein other incidental
15costs as herein authorized, which shall serve as the basis of
16State reimbursement in accordance with the provisions of this
17Section. In the approval of programs and the determination of
18the cost of instruction, the Illinois Community College Board
19shall provide for the maximum utilization of federal funds for
20such programs. The Illinois Community College Board shall also
21provide for:
22        (1) the development of an index of need for program
23    planning and for area funding allocations, as defined by
24    the Illinois Community College Board;
25        (2) the method for calculating hours of instruction, as
26    defined by the Illinois Community College Board, claimable

 

 

10000SB1947ham004- 199 -LRB100 09675 MLM 28408 a

1    for reimbursement and a method to phase in the calculation
2    and for adjusting the calculations in cases where the
3    services of a program are interrupted due to circumstances
4    beyond the control of the program provider;
5        (3) a plan for the reallocation of funds to increase
6    the amount allocated for grants based upon program
7    performance as set forth in subsection (d) below; and
8        (4) the development of standards for determining
9    grants based upon performance as set forth in subsection
10    (d) below and a plan for the phased-in implementation of
11    those standards.
12    For instruction provided by school districts and community
13college districts beginning July 1, 1996 and thereafter,
14reimbursement provided by the Illinois Community College Board
15for classes authorized by this Section shall be provided from
16funds appropriated for the reimbursement criteria set forth in
17subsection (c) below.
18    (c) Upon the annual approval of the Illinois Community
19College Board, reimbursement shall be first provided for
20transportation, child care services, and other special needs of
21the students directly related to instruction and then from the
22funds remaining an amount equal to the product of the total
23credit hours or units of instruction approved by the Illinois
24Community College Board, multiplied by the following:
25        (1) For adult basic education, the maximum
26    reimbursement per credit hour or per unit of instruction

 

 

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1    shall be equal to (i) through fiscal year 2017, the general
2    state aid per pupil foundation level established in
3    subsection (B) of Section 18-8.05, divided by 60, or (ii)
4    in fiscal year 2018 and thereafter, the prior fiscal year
5    reimbursement level;
6        (2) The maximum reimbursement per credit hour or per
7    unit of instruction in subparagraph (1) above shall be
8    weighted for students enrolled in classes defined as
9    vocational skills and approved by the Illinois Community
10    College Board by 1.25;
11        (3) The maximum reimbursement per credit hour or per
12    unit of instruction in subparagraph (1) above shall be
13    multiplied by .90 for students enrolled in classes defined
14    as adult secondary education programs and approved by the
15    Illinois Community College Board;
16        (4) (Blank); and
17        (5) Funding for program years after 1999-2000 shall be
18    determined by the Illinois Community College Board.
19    (d) Upon its annual approval, the Illinois Community
20College Board shall provide grants to eligible programs for
21supplemental activities to improve or expand services under the
22Adult Education Act. Eligible programs shall be determined
23based upon performance outcomes of students in the programs as
24set by the Illinois Community College Board.
25    (e) Reimbursement under this Section shall not exceed the
26actual costs of the approved program.

 

 

10000SB1947ham004- 201 -LRB100 09675 MLM 28408 a

1    If the amount appropriated to the Illinois Community
2College Board for reimbursement under this Section is less than
3the amount required under this Act, the apportionment shall be
4proportionately reduced.
5    School districts and community college districts may
6assess students up to $3.00 per credit hour, for classes other
7than Adult Basic Education level programs, if needed to meet
8program costs.
9    (f) An education plan shall be established for each adult
10or youth whose schooling has been interrupted and who is
11participating in the instructional programs provided under
12this Section.
13    Each school board and community college shall keep an
14accurate and detailed account of the students assigned to and
15receiving instruction under this Section who are subject to
16State reimbursement and shall submit reports of services
17provided commencing with fiscal year 1997 as required by the
18Illinois Community College Board.
19    For classes authorized under this Section, a credit hour or
20unit of instruction is equal to 15 hours of direct instruction
21for students enrolled in approved adult education programs at
22midterm and making satisfactory progress, in accordance with
23standards established by the Illinois Community College Board.
24    (g) Upon proof submitted to the Illinois Department of
25Human Services of the payment of all claims submitted under
26this Section, that Department shall apply for federal funds

 

 

10000SB1947ham004- 202 -LRB100 09675 MLM 28408 a

1made available therefor and any federal funds so received shall
2be paid into the General Revenue Fund in the State Treasury.
3    School districts or community colleges providing classes
4under this Section shall submit applications to the Illinois
5Community College Board for preapproval in accordance with the
6standards established by the Illinois Community College Board.
7Payments shall be made by the Illinois Community College Board
8based upon approved programs. Interim expenditure reports may
9be required by the Illinois Community College Board. Final
10claims for the school year shall be submitted to the regional
11superintendents for transmittal to the Illinois Community
12College Board. Final adjusted payments shall be made by
13September 30.
14    If a school district or community college district fails to
15provide, or is providing unsatisfactory or insufficient
16classes under this Section, the Illinois Community College
17Board may enter into agreements with public or private
18educational or other agencies other than the public schools for
19the establishment of such classes.
20    (h) If a school district or community college district
21establishes child-care facilities for the children of
22participants in classes established under this Section, it may
23extend the use of these facilities to students who have
24obtained employment and to other persons in the community whose
25children require care and supervision while the parent or other
26person in charge of the children is employed or otherwise

 

 

10000SB1947ham004- 203 -LRB100 09675 MLM 28408 a

1absent from the home during all or part of the day. It may make
2the facilities available before and after as well as during
3regular school hours to school age and preschool age children
4who may benefit thereby, including children who require care
5and supervision pending the return of their parent or other
6person in charge of their care from employment or other
7activity requiring absence from the home.
8    The Illinois Community College Board shall pay to the board
9the cost of care in the facilities for any child who is a
10recipient of financial aid under the Illinois Public Aid Code.
11    The board may charge for care of children for whom it
12cannot make claim under the provisions of this Section. The
13charge shall not exceed per capita cost, and to the extent
14feasible, shall be fixed at a level which will permit
15utilization by employed parents of low or moderate income. It
16may also permit any other State or local governmental agency or
17private agency providing care for children to purchase care.
18    After July 1, 1970 when the provisions of Section 10-20.20
19become operative in the district, children in a child-care
20facility shall be transferred to the kindergarten established
21under that Section for such portion of the day as may be
22required for the kindergarten program, and only the prorated
23costs of care and training provided in the Center for the
24remaining period shall be charged to the Illinois Department of
25Human Services or other persons or agencies paying for such
26care.

 

 

10000SB1947ham004- 204 -LRB100 09675 MLM 28408 a

1    (i) The provisions of this Section shall also apply to
2school districts having a population exceeding 500,000.
3    (j) In addition to claiming reimbursement under this
4Section, a school district may claim general State aid under
5Section 18-8.05 or evidence-based funding under Section
618-8.15 for any student under age 21 who is enrolled in courses
7accepted for graduation from elementary or high school and who
8otherwise meets the requirements of Section 18-8.05 or 18-8.15,
9as applicable.
10(Source: P.A. 98-718, eff. 1-1-15.)
 
11    (105 ILCS 5/10-29)
12    Sec. 10-29. Remote educational programs.
13    (a) For purposes of this Section, "remote educational
14program" means an educational program delivered to students in
15the home or other location outside of a school building that
16meets all of the following criteria:
17        (1) A student may participate in the program only after
18    the school district, pursuant to adopted school board
19    policy, and a person authorized to enroll the student under
20    Section 10-20.12b of this Code determine that a remote
21    educational program will best serve the student's
22    individual learning needs. The adopted school board policy
23    shall include, but not be limited to, all of the following:
24            (A) Criteria for determining that a remote
25        educational program will best serve a student's

 

 

10000SB1947ham004- 205 -LRB100 09675 MLM 28408 a

1        individual learning needs. The criteria must include
2        consideration of, at a minimum, a student's prior
3        attendance, disciplinary record, and academic history.
4            (B) Any limitations on the number of students or
5        grade levels that may participate in a remote
6        educational program.
7            (C) A description of the process that the school
8        district will use to approve participation in the
9        remote educational program. The process must include
10        without limitation a requirement that, for any student
11        who qualifies to receive services pursuant to the
12        federal Individuals with Disabilities Education
13        Improvement Act of 2004, the student's participation
14        in a remote educational program receive prior approval
15        from the student's individualized education program
16        team.
17            (D) A description of the process the school
18        district will use to develop and approve a written
19        remote educational plan that meets the requirements of
20        subdivision (5) of this subsection (a).
21            (E) A description of the system the school district
22        will establish to calculate the number of clock hours a
23        student is participating in instruction in accordance
24        with the remote educational program.
25            (F) A description of the process for renewing a
26        remote educational program at the expiration of its

 

 

10000SB1947ham004- 206 -LRB100 09675 MLM 28408 a

1        term.
2            (G) Such other terms and provisions as the school
3        district deems necessary to provide for the
4        establishment and delivery of a remote educational
5        program.
6        (2) The school district has determined that the remote
7    educational program's curriculum is aligned to State
8    learning standards and that the program offers instruction
9    and educational experiences consistent with those given to
10    students at the same grade level in the district.
11        (3) The remote educational program is delivered by
12    instructors that meet the following qualifications:
13            (A) they are certificated under Article 21 of this
14        Code;
15            (B) they meet applicable highly qualified criteria
16        under the federal No Child Left Behind Act of 2001; and
17            (C) they have responsibility for all of the
18        following elements of the program: planning
19        instruction, diagnosing learning needs, prescribing
20        content delivery through class activities, assessing
21        learning, reporting outcomes to administrators and
22        parents and guardians, and evaluating the effects of
23        instruction.
24        (4) During the period of time from and including the
25    opening date to the closing date of the regular school term
26    of the school district established pursuant to Section

 

 

10000SB1947ham004- 207 -LRB100 09675 MLM 28408 a

1    10-19 of this Code, participation in a remote educational
2    program may be claimed for general State aid purposes under
3    Section 18-8.05 of this Code or evidence-based funding
4    purposes under Section 18-8.15 of this Code on any calendar
5    day, notwithstanding whether the day is a day of pupil
6    attendance or institute day on the school district's
7    calendar or any other provision of law restricting
8    instruction on that day. If the district holds year-round
9    classes in some buildings, the district shall classify each
10    student's participation in a remote educational program as
11    either on a year-round or a non-year-round schedule for
12    purposes of claiming general State aid or evidence-based
13    funding. Outside of the regular school term of the
14    district, the remote educational program may be offered as
15    part of any summer school program authorized by this Code.
16        (5) Each student participating in a remote educational
17    program must have a written remote educational plan that
18    has been approved by the school district and a person
19    authorized to enroll the student under Section 10-20.12b of
20    this Code. The school district and a person authorized to
21    enroll the student under Section 10-20.12b of this Code
22    must approve any amendment to a remote educational plan.
23    The remote educational plan must include, but is not
24    limited to, all of the following:
25            (A) Specific achievement goals for the student
26        aligned to State learning standards.

 

 

10000SB1947ham004- 208 -LRB100 09675 MLM 28408 a

1            (B) A description of all assessments that will be
2        used to measure student progress, which description
3        shall indicate the assessments that will be
4        administered at an attendance center within the school
5        district.
6            (C) A description of the progress reports that will
7        be provided to the school district and the person or
8        persons authorized to enroll the student under Section
9        10-20.12b of this Code.
10            (D) Expectations, processes, and schedules for
11        interaction between a teacher and student.
12            (E) A description of the specific responsibilities
13        of the student's family and the school district with
14        respect to equipment, materials, phone and Internet
15        service, and any other requirements applicable to the
16        home or other location outside of a school building
17        necessary for the delivery of the remote educational
18        program.
19            (F) If applicable, a description of how the remote
20        educational program will be delivered in a manner
21        consistent with the student's individualized education
22        program required by Section 614(d) of the federal
23        Individuals with Disabilities Education Improvement
24        Act of 2004 or plan to ensure compliance with Section
25        504 of the federal Rehabilitation Act of 1973.
26            (G) A description of the procedures and

 

 

10000SB1947ham004- 209 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 210 -LRB100 09675 MLM 28408 a

1        student in any location other than the student's home,
2        the plan must include a written determination by the
3        school district that the location will provide a
4        learning environment appropriate for the delivery of
5        the program. The location or locations in which the
6        program will be delivered shall be deemed a long
7        distance teaching reception area under subsection (a)
8        of Section 10-22.34 of this Code.
9            (L) Certification by the school district that the
10        plan meets all other requirements of this Section.
11        (6) Students participating in a remote educational
12    program must be enrolled in a school district attendance
13    center pursuant to the school district's enrollment policy
14    or policies. A student participating in a remote
15    educational program must be tested as part of all
16    assessments administered by the school district pursuant
17    to Section 2-3.64a-5 of this Code at the attendance center
18    in which the student is enrolled and in accordance with the
19    attendance center's assessment policies and schedule. The
20    student must be included within all accountability
21    determinations for the school district and attendance
22    center under State and federal law.
23        (7) The term of a student's participation in a remote
24    educational program may not extend for longer than 12
25    months, unless the term is renewed by the school district.
26    The district may only renew a student's participation in a

 

 

10000SB1947ham004- 211 -LRB100 09675 MLM 28408 a

1    remote educational program following an evaluation of the
2    student's progress in the program, a determination that the
3    student's continuation in the program will best serve the
4    student's individual learning needs, and an amendment to
5    the student's written remote educational plan addressing
6    any changes for the upcoming term of the program.
7    For purposes of this Section, a remote educational program
8does not include instruction delivered to students through an
9e-learning program approved under Section 10-20.56 of this
10Code.
11    (b) A school district may, by resolution of its school
12board, establish a remote educational program.
13    (c) Clock hours of instruction by students in a remote
14educational program meeting the requirements of this Section
15may be claimed by the school district and shall be counted as
16school work for general State aid purposes in accordance with
17and subject to the limitations of Section 18-8.05 of this Code
18or evidence-based funding purposes in accordance with and
19subject to the limitations of Section 18-8.15 of this Code.
20    (d) The impact of remote educational programs on wages,
21hours, and terms and conditions of employment of educational
22employees within the school district shall be subject to local
23collective bargaining agreements.
24    (e) The use of a home or other location outside of a school
25building for a remote educational program shall not cause the
26home or other location to be deemed a public school facility.

 

 

10000SB1947ham004- 212 -LRB100 09675 MLM 28408 a

1    (f) A remote educational program may be used, but is not
2required, for instruction delivered to a student in the home or
3other location outside of a school building that is not claimed
4for general State aid purposes under Section 18-8.05 of this
5Code or evidence-based funding purposes under Section 18-8.15
6of this Code.
7    (g) School districts that, pursuant to this Section, adopt
8a policy for a remote educational program must submit to the
9State Board of Education a copy of the policy and any
10amendments thereto, as well as data on student participation in
11a format specified by the State Board of Education. The State
12Board of Education may perform or contract with an outside
13entity to perform an evaluation of remote educational programs
14in this State.
15    (h) The State Board of Education may adopt any rules
16necessary to ensure compliance by remote educational programs
17with the requirements of this Section and other applicable
18legal requirements.
19(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15;
2099-194, eff. 7-30-15; 99-642, eff. 7-28-16.)
 
21    (105 ILCS 5/11E-135)
22    Sec. 11E-135. Incentives. For districts reorganizing under
23this Article and for a district or districts that annex all of
24the territory of one or more entire other school districts in
25accordance with Article 7 of this Code, the following payments

 

 

10000SB1947ham004- 213 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 214 -LRB100 09675 MLM 28408 a

1and annexed districts as constituted prior to the annexation is
2greater, then a supplementary payment equal to the difference
3shall be made for the first 4 years of existence of the
4annexing school district as constituted upon the annexation.
5    (3) For 2 or more school districts that annex all of the
6territory of one or more entire other school districts, as
7defined in Article 7 of this Code, for the first year during
8which the change of boundaries attributable to the annexation
9becomes effective for all purposes, as determined under Section
107-9 of this Code, the general State aid and supplemental
11general State aid calculated under Section 18-8.05 of this Code
12or the evidence-based funding calculated under Section 18-8.15
13of this Code, as applicable, shall be computed for each
14annexing district as constituted after the annexation and for
15each annexing and annexed district as constituted prior to the
16annexation; and if the aggregate of the general State aid and
17supplemental general State aid or evidence-based funding, as
18applicable, as so computed for the annexing districts as
19constituted after the annexation is less than the aggregate of
20the general State aid and supplemental general State aid or
21evidence-based funding, as applicable, as so computed for the
22annexing and annexed districts, as constituted prior to the
23annexation, then a supplementary payment equal to the
24difference shall be made and allocated between or among the
25annexing districts, as constituted upon the annexation, for the
26first 4 years of their existence. The total difference payment

 

 

10000SB1947ham004- 215 -LRB100 09675 MLM 28408 a

1shall be allocated between or among the annexing districts in
2the same ratio as the pupil enrollment from that portion of the
3annexed district or districts that is annexed to each annexing
4district bears to the total pupil enrollment from the entire
5annexed district or districts, as such pupil enrollment is
6determined for the school year last ending prior to the date
7when the change of boundaries attributable to the annexation
8becomes effective for all purposes. The amount of the total
9difference payment and the amount thereof to be allocated to
10the annexing districts shall be computed by the State Board of
11Education on the basis of pupil enrollment and other data that
12shall be certified to the State Board of Education, on forms
13that it shall provide for that purpose, by the regional
14superintendent of schools for each educational service region
15in which the annexing and annexed districts are located.
16    (4) For a school district conversion, as defined in Section
1711E-15 of this Code, or a multi-unit conversion, as defined in
18subsection (b) of Section 11E-30 of this Code, if in their
19first year of existence the newly created elementary districts
20and the newly created high school district, from a school
21district conversion, or the newly created elementary district
22or districts and newly created combined high school - unit
23district, from a multi-unit conversion, qualify for less
24general State aid under Section 18-8.05 of this Code or
25evidence-based funding under Section 18-8.15 of this Code than
26would have been payable under Section 18-8.05 or 18-8.15, as

 

 

10000SB1947ham004- 216 -LRB100 09675 MLM 28408 a

1applicable, for that same year to the previously existing
2districts, then a supplementary payment equal to that
3difference shall be made for the first 4 years of existence of
4the newly created districts. The aggregate amount of each
5supplementary payment shall be allocated among the newly
6created districts in the proportion that the deemed pupil
7enrollment in each district during its first year of existence
8bears to the actual aggregate pupil enrollment in all of the
9districts during their first year of existence. For purposes of
10each allocation:
11        (A) the deemed pupil enrollment of the newly created
12    high school district from a school district conversion
13    shall be an amount equal to its actual pupil enrollment for
14    its first year of existence multiplied by 1.25;
15        (B) the deemed pupil enrollment of each newly created
16    elementary district from a school district conversion
17    shall be an amount equal to its actual pupil enrollment for
18    its first year of existence reduced by an amount equal to
19    the product obtained when the amount by which the newly
20    created high school district's deemed pupil enrollment
21    exceeds its actual pupil enrollment for its first year of
22    existence is multiplied by a fraction, the numerator of
23    which is the actual pupil enrollment of the newly created
24    elementary district for its first year of existence and the
25    denominator of which is the actual aggregate pupil
26    enrollment of all of the newly created elementary districts

 

 

10000SB1947ham004- 217 -LRB100 09675 MLM 28408 a

1    for their first year of existence;
2        (C) the deemed high school pupil enrollment of the
3    newly created combined high school - unit district from a
4    multi-unit conversion shall be an amount equal to its
5    actual grades 9 through 12 pupil enrollment for its first
6    year of existence multiplied by 1.25; and
7        (D) the deemed elementary pupil enrollment of each
8    newly created district from a multi-unit conversion shall
9    be an amount equal to each district's actual grade K
10    through 8 pupil enrollment for its first year of existence,
11    reduced by an amount equal to the product obtained when the
12    amount by which the newly created combined high school -
13    unit district's deemed high school pupil enrollment
14    exceeds its actual grade 9 through 12 pupil enrollment for
15    its first year of existence is multiplied by a fraction,
16    the numerator of which is the actual grade K through 8
17    pupil enrollment of each newly created district for its
18    first year of existence and the denominator of which is the
19    actual aggregate grade K through 8 pupil enrollment of all
20    such newly created districts for their first year of
21    existence.
22     The aggregate amount of each supplementary payment under
23this subdivision (4) and the amount thereof to be allocated to
24the newly created districts shall be computed by the State
25Board of Education on the basis of pupil enrollment and other
26data, which shall be certified to the State Board of Education,

 

 

10000SB1947ham004- 218 -LRB100 09675 MLM 28408 a

1on forms that it shall provide for that purpose, by the
2regional superintendent of schools for each educational
3service region in which the newly created districts are
4located.
5    (5) For a partial elementary unit district, as defined in
6subsection (a) or (c) of Section 11E-30 of this Code, if, in
7the first year of existence, the newly created partial
8elementary unit district qualifies for less general State aid
9and supplemental general State aid under Section 18-8.05 of
10this Code or less evidence-based funding under Section 18-8.15
11of this Code, as applicable, than would have been payable under
12those Sections that Section for that same year to the
13previously existing districts that formed the partial
14elementary unit district, then a supplementary payment equal to
15that difference shall be made to the partial elementary unit
16district for the first 4 years of existence of that newly
17created district.
18    (6) For an elementary opt-in, as described in subsection
19(d) of Section 11E-30 of this Code, the general State aid or
20evidence-based funding difference shall be computed in
21accordance with paragraph (5) of this subsection (a) as if the
22elementary opt-in was included in an optional elementary unit
23district at the optional elementary unit district's original
24effective date. If the calculation in this paragraph (6) is
25less than that calculated in paragraph (5) of this subsection
26(a) at the optional elementary unit district's original

 

 

10000SB1947ham004- 219 -LRB100 09675 MLM 28408 a

1effective date, then no adjustments may be made. If the
2calculation in this paragraph (6) is more than that calculated
3in paragraph (5) of this subsection (a) at the optional
4elementary unit district's original effective date, then the
5excess must be paid as follows:
6        (A) If the effective date for the elementary opt-in is
7    one year after the effective date for the optional
8    elementary unit district, 100% of the calculated excess
9    shall be paid to the optional elementary unit district in
10    each of the first 4 years after the effective date of the
11    elementary opt-in.
12        (B) If the effective date for the elementary opt-in is
13    2 years after the effective date for the optional
14    elementary unit district, 75% of the calculated excess
15    shall be paid to the optional elementary unit district in
16    each of the first 4 years after the effective date of the
17    elementary opt-in.
18        (C) If the effective date for the elementary opt-in is
19    3 years after the effective date for the optional
20    elementary unit district, 50% of the calculated excess
21    shall be paid to the optional elementary unit district in
22    each of the first 4 years after the effective date of the
23    elementary opt-in.
24        (D) If the effective date for the elementary opt-in is
25    4 years after the effective date for the optional
26    elementary unit district, 25% of the calculated excess

 

 

10000SB1947ham004- 220 -LRB100 09675 MLM 28408 a

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        (E) If the effective date for the elementary opt-in is
5    5 years after the effective date for the optional
6    elementary unit district, the optional elementary unit
7    district is not eligible for any additional incentives due
8    to the elementary opt-in.
9    (6.5) For a school district that annexes territory detached
10from another school district whereby the enrollment of the
11annexing district increases by 90% or more as a result of the
12annexation, for the first year during which the change of
13boundaries attributable to the annexation becomes effective
14for all purposes as determined under Section 7-9 of this Code,
15the general State aid and supplemental general State aid or
16evidence-based funding, as applicable, calculated under this
17Section shall be computed for the district gaining territory
18and the district losing territory as constituted after the
19annexation and for the same districts as constituted prior to
20the annexation; and if the aggregate of the general State aid
21and supplemental general State aid or evidence-based funding,
22as applicable, as so computed for the district gaining
23territory and the district losing territory as constituted
24after the annexation is less than the aggregate of the general
25State aid and supplemental general State aid or evidence-based
26funding, as applicable, as so computed for the district gaining

 

 

10000SB1947ham004- 221 -LRB100 09675 MLM 28408 a

1territory and the district losing territory as constituted
2prior to the annexation, then a supplementary payment shall be
3made to the annexing district for the first 4 years of
4existence after the annexation, equal to the difference
5multiplied by the ratio of student enrollment in the territory
6detached to the total student enrollment in the district losing
7territory for the year prior to the effective date of the
8annexation. The amount of the total difference and the
9proportion paid to the annexing district shall be computed by
10the State Board of Education on the basis of pupil enrollment
11and other data that must be submitted to the State Board of
12Education in accordance with Section 7-14A of this Code. The
13changes to this Section made by Public Act 95-707 are intended
14to be retroactive and applicable to any annexation taking
15effect on or after July 1, 2004. For annexations that are
16eligible for payments under this paragraph (6.5) and that are
17effective on or after July 1, 2004, but before January 11, 2008
18(the effective date of Public Act 95-707), the first required
19yearly payment under this paragraph (6.5) shall be paid in the
20fiscal year of January 11, 2008 (the effective date of Public
21Act 95-707). Subsequent required yearly payments shall be paid
22in subsequent fiscal years until the payment obligation under
23this paragraph (6.5) is complete.
24    (7) Claims for financial assistance under this subsection
25(a) may not be recomputed except as expressly provided under
26Section 18-8.05 or 18-8.15 of this Code.

 

 

10000SB1947ham004- 222 -LRB100 09675 MLM 28408 a

1    (8) Any supplementary payment made under this subsection
2(a) must be treated as separate from all other payments made
3pursuant to Section 18-8.05 or 18-8.15 of this Code.
4    (b)(1) After the formation of a combined school district,
5as defined in Section 11E-20 of this Code, or a unit district,
6as defined in Section 11E-25 of this Code, a computation shall
7be made to determine the difference between the salaries
8effective in each of the previously existing districts on June
930, prior to the creation of the new district. For the first 4
10years after the formation of the new district, a supplementary
11State aid reimbursement shall be paid to the new district equal
12to the difference between the sum of the salaries earned by
13each of the certificated members of the new district, while
14employed in one of the previously existing districts during the
15year immediately preceding the formation of the new district,
16and the sum of the salaries those certificated members would
17have been paid during the year immediately prior to the
18formation of the new district if placed on the salary schedule
19of the previously existing district with the highest salary
20schedule.
21    (2) After the territory of one or more school districts is
22annexed by one or more other school districts as defined in
23Article 7 of this Code, a computation shall be made to
24determine the difference between the salaries effective in each
25annexed district and in the annexing district or districts as
26they were each constituted on June 30 preceding the date when

 

 

10000SB1947ham004- 223 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 224 -LRB100 09675 MLM 28408 a

1earned by each certified member of the newly created partial
2elementary unit district, while employed in one of the
3previously existing districts that formed the partial
4elementary unit district, and the sum of the salaries those
5certified members would have been paid if placed on the salary
6schedule of the previously existing district with the highest
7salary schedule. The salary schedules used in the calculation
8shall be those in effect in the previously existing districts
9for the school year prior to the creation of the new partial
10elementary unit district.
11    (5) For an elementary district opt-in, as described in
12subsection (d) of Section 11E-30 of this Code, the salary
13difference incentive shall be computed in accordance with
14paragraph (4) of this subsection (b) as if the opted-in
15elementary district was included in the optional elementary
16unit district at the optional elementary unit district's
17original effective date. If the calculation in this paragraph
18(5) is less than that calculated in paragraph (4) of this
19subsection (b) at the optional elementary unit district's
20original effective date, then no adjustments may be made. If
21the calculation in this paragraph (5) is more than that
22calculated in paragraph (4) of this subsection (b) at the
23optional elementary unit district's original effective date,
24then the excess must be paid as follows:
25        (A) If the effective date for the elementary opt-in is
26    one year after the effective date for the optional

 

 

10000SB1947ham004- 225 -LRB100 09675 MLM 28408 a

1    elementary unit district, 100% of the calculated excess
2    shall be paid to the optional elementary unit district in
3    each of the first 4 years after the effective date of the
4    elementary opt-in.
5        (B) If the effective date for the elementary opt-in is
6    2 years after the effective date for the optional
7    elementary unit district, 75% of the calculated excess
8    shall be paid to the optional elementary unit district in
9    each of the first 4 years after the effective date of the
10    elementary opt-in.
11        (C) If the effective date for the elementary opt-in is
12    3 years after the effective date for the optional
13    elementary unit district, 50% of the calculated excess
14    shall be paid to the optional elementary unit district in
15    each of the first 4 years after the effective date of the
16    elementary opt-in.
17        (D) If the effective date for the elementary opt-in is
18    4 years after the effective date for the partial elementary
19    unit district, 25% of the calculated excess shall be paid
20    to the optional elementary unit district in each of the
21    first 4 years after the effective date of the elementary
22    opt-in.
23        (E) If the effective date for the elementary opt-in is
24    5 years after the effective date for the optional
25    elementary unit district, the optional elementary unit
26    district is not eligible for any additional incentives due

 

 

10000SB1947ham004- 226 -LRB100 09675 MLM 28408 a

1    to the elementary opt-in.
2    (5.5) After the formation of a cooperative high school by 2
3or more school districts under Section 10-22.22c of this Code,
4a computation shall be made to determine the difference between
5the salaries effective in each of the previously existing high
6schools on June 30 prior to the formation of the cooperative
7high school. For the first 4 years after the formation of the
8cooperative high school, a supplementary State aid
9reimbursement shall be paid to the cooperative high school
10equal to the difference between the sum of the salaries earned
11by each of the certificated members of the cooperative high
12school while employed in one of the previously existing high
13schools during the year immediately preceding the formation of
14the cooperative high school and the sum of the salaries those
15certificated members would have been paid during the year
16immediately prior to the formation of the cooperative high
17school if placed on the salary schedule of the previously
18existing high school with the highest salary schedule.
19    (5.10) After the annexation of territory detached from
20another school district whereby the enrollment of the annexing
21district increases by 90% or more as a result of the
22annexation, a computation shall be made to determine the
23difference between the salaries effective in the district
24gaining territory and the district losing territory as they
25each were constituted on June 30 preceding the date when the
26change of boundaries attributable to the annexation became

 

 

10000SB1947ham004- 227 -LRB100 09675 MLM 28408 a

1effective for all purposes as determined under Section 7-9 of
2this Code. For the first 4 years after the annexation, a
3supplementary State aid reimbursement shall be paid to the
4annexing district equal to the difference between the sum of
5the salaries earned by each of the certificated members of the
6annexing district as constituted after the annexation while
7employed in the district gaining territory or the district
8losing territory during the year immediately preceding the
9annexation and the sum of the salaries those certificated
10members would have been paid during such immediately preceding
11year if placed on the salary schedule of whichever of the
12district gaining territory or district losing territory had the
13highest salary schedule during the immediately preceding year.
14To be eligible for supplementary State aid reimbursement under
15this Section, the intergovernmental agreement to be submitted
16pursuant to Section 7-14A of this Code must show that staff
17members were transferred from the control of the district
18losing territory to the control of the district gaining
19territory in the annexation. The changes to this Section made
20by Public Act 95-707 are intended to be retroactive and
21applicable to any annexation taking effect on or after July 1,
222004. For annexations that are eligible for payments under this
23paragraph (5.10) and that are effective on or after July 1,
242004, but before January 11, 2008 (the effective date of Public
25Act 95-707), the first required yearly payment under this
26paragraph (5.10) shall be paid in the fiscal year of January

 

 

10000SB1947ham004- 228 -LRB100 09675 MLM 28408 a

111, 2008 (the effective date of Public Act 95-707). Subsequent
2required yearly payments shall be paid in subsequent fiscal
3years until the payment obligation under this paragraph (5.10)
4is complete.
5    (5.15) After the deactivation of a school facility in
6accordance with Section 10-22.22b of this Code, a computation
7shall be made to determine the difference between the salaries
8effective in the sending school district and each receiving
9school district on June 30 prior to the deactivation of the
10school facility. For the lesser of the first 4 years after the
11deactivation of the school facility or the length of the
12deactivation agreement, including any renewals of the original
13deactivation agreement, a supplementary State aid
14reimbursement shall be paid to each receiving district equal to
15the difference between the sum of the salaries earned by each
16of the certificated members transferred to that receiving
17district as a result of the deactivation while employed in the
18sending district during the year immediately preceding the
19deactivation and the sum of the salaries those certificated
20members would have been paid during the year immediately
21preceding the deactivation if placed on the salary schedule of
22the sending or receiving district with the highest salary
23schedule.
24    (6) The supplementary State aid reimbursement under this
25subsection (b) shall be treated as separate from all other
26payments made pursuant to Section 18-8.05 of this Code. In the

 

 

10000SB1947ham004- 229 -LRB100 09675 MLM 28408 a

1case of the formation of a new district or cooperative high
2school or a deactivation, reimbursement shall begin during the
3first year of operation of the new district or cooperative high
4school or the first year of the deactivation, and in the case
5of an annexation of the territory of one or more school
6districts by one or more other school districts or the
7annexation of territory detached from a school district whereby
8the enrollment of the annexing district increases by 90% or
9more as a result of the annexation, reimbursement shall begin
10during the first year when the change in boundaries
11attributable to the annexation becomes effective for all
12purposes as determined pursuant to Section 7-9 of this Code,
13except that for an annexation of territory detached from a
14school district that is effective on or after July 1, 2004, but
15before January 11, 2008 (the effective date of Public Act
1695-707), whereby the enrollment of the annexing district
17increases by 90% or more as a result of the annexation,
18reimbursement shall begin during the fiscal year of January 11,
192008 (the effective date of Public Act 95-707). Each year that
20the new, annexing, or receiving district or cooperative high
21school, as the case may be, is entitled to receive
22reimbursement, the number of eligible certified members who are
23employed on October 1 in the district or cooperative high
24school shall be certified to the State Board of Education on
25prescribed forms by October 15 and payment shall be made on or
26before November 15 of that year.

 

 

10000SB1947ham004- 230 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 231 -LRB100 09675 MLM 28408 a

1deficit of whichever of the annexing or annexed districts as
2constituted prior to the annexation had the smallest deficit
3and the deficits of each of the other districts as constituted
4prior to the annexation.
5    (3) For the first year after the annexation of all of the
6territory of one or more entire school districts by 2 or more
7other school districts, as defined by 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 of the
11regional board of school trustees under Section 7-6 of this
12Code, notwithstanding any action for administrative review of
13the decision, totaling each annexing and annexed district's
14audited fund balances in their respective educational, working
15cash, operations and maintenance, and transportation funds.
16The annexing districts as constituted after the annexation
17shall be paid supplementary State aid, allocated as provided in
18this paragraph (3), in an aggregate amount equal to the sum of
19the differences between the deficit of whichever of the
20annexing or annexed districts as constituted prior to the
21annexation had the smallest deficit and the deficits of each of
22the other districts as constituted prior to the annexation. The
23aggregate amount of the supplementary State aid payable under
24this paragraph (3) shall be allocated between or among the
25annexing districts as follows:
26        (A) the regional superintendent of schools for each

 

 

10000SB1947ham004- 232 -LRB100 09675 MLM 28408 a

1    educational service region in which an annexed district is
2    located prior to the annexation shall certify to the State
3    Board of Education, on forms that it shall provide for that
4    purpose, the value of all taxable property in each annexed
5    district, as last equalized or assessed by the Department
6    of Revenue prior to the annexation, and the equalized
7    assessed value of each part of the annexed district that
8    was annexed to or included as a part of an annexing
9    district;
10        (B) using equalized assessed values as certified by the
11    regional superintendent of schools under clause (A) of this
12    paragraph (3), the combined audited fund balance deficit of
13    each annexed district as determined under this Section
14    shall be apportioned between or among the annexing
15    districts in the same ratio as the equalized assessed value
16    of that part of the annexed district that was annexed to or
17    included as a part of an annexing district bears to the
18    total equalized assessed value of the annexed district; and
19        (C) the aggregate supplementary State aid payment
20    under this paragraph (3) shall be allocated between or
21    among, and shall be paid to, the annexing districts in the
22    same ratio as the sum of the combined audited fund balance
23    deficit of each annexing district as constituted prior to
24    the annexation, plus all combined audited fund balance
25    deficit amounts apportioned to that annexing district
26    under clause (B) of this subsection, bears to the aggregate

 

 

10000SB1947ham004- 233 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 234 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 235 -LRB100 09675 MLM 28408 a

1(6) is more than that calculated in paragraph (5) of this
2subsection (c) at the optional elementary unit district's
3original effective date, then the excess must be paid as
4follows:
5        (A) If the effective date for the elementary opt-in is
6    one year after the effective date for the optional
7    elementary unit district, 100% of the calculated excess
8    shall be paid to the optional elementary unit district in
9    the first year after the effective date of the elementary
10    opt-in.
11        (B) If the effective date for the elementary opt-in is
12    2 years after the effective date for the optional
13    elementary unit district, 75% of the calculated excess
14    shall be paid to the optional elementary unit district in
15    the first year after the effective date of the elementary
16    opt-in.
17        (C) If the effective date for the elementary opt-in is
18    3 years after the effective date for the optional
19    elementary unit district, 50% of the calculated excess
20    shall be paid to the optional elementary unit district in
21    the first year after the effective date of the elementary
22    opt-in.
23        (D) If the effective date for the elementary opt-in is
24    4 years after the effective date for the optional
25    elementary unit district, 25% of the calculated excess
26    shall be paid to the optional elementary unit district in

 

 

10000SB1947ham004- 236 -LRB100 09675 MLM 28408 a

1    the first year after the effective date of the elementary
2    opt-in.
3        (E) If the effective date for the elementary opt-in is
4    5 years after the effective date for the optional
5    elementary unit district, the optional elementary unit
6    district is not eligible for any additional incentives due
7    to the elementary opt-in.
8    (6.5) For the first year after the annexation of territory
9detached from another school district whereby the enrollment of
10the annexing district increases by 90% or more as a result of
11the annexation, a computation shall be made totaling the
12audited fund balances of the district gaining territory and the
13audited fund balances of the district losing territory in the
14educational fund, working cash fund, operations and
15maintenance fund, and transportation fund for the year ending
16June 30 prior to the date that the change of boundaries
17attributable to the annexation is allowed by the affirmative
18decision of the regional board of school trustees under Section
197-6 of this Code, notwithstanding any action for administrative
20review of the decision. The annexing district as constituted
21after the annexation shall be paid supplementary State aid
22equal to the difference between the deficit of whichever
23district included in this calculation as constituted prior to
24the annexation had the smallest deficit and the deficit of each
25other district included in this calculation as constituted
26prior to the annexation, multiplied by the ratio of equalized

 

 

10000SB1947ham004- 237 -LRB100 09675 MLM 28408 a

1assessed value of the territory detached to the total equalized
2assessed value of the district losing territory. The regional
3superintendent of schools for the educational service region in
4which a district losing territory is located prior to the
5annexation shall certify to the State Board of Education the
6value of all taxable property in the district losing territory
7and the value of all taxable property in the territory being
8detached, as last equalized or assessed by the Department of
9Revenue prior to the annexation. To be eligible for
10supplementary State aid reimbursement under this Section, the
11intergovernmental agreement to be submitted pursuant to
12Section 7-14A of this Code must show that fund balances were
13transferred from the district losing territory to the district
14gaining territory in the annexation. The changes to this
15Section made by Public Act 95-707 are intended to be
16retroactive and applicable to any annexation taking effect on
17or after July 1, 2004. For annexations that are eligible for
18payments under this paragraph (6.5) and that are effective on
19or after July 1, 2004, but before January 11, 2008 (the
20effective date of Public Act 95-707), the required payment
21under this paragraph (6.5) shall be paid in the fiscal year of
22January 11, 2008 (the effective date of Public Act 95-707).
23    (7) For purposes of any calculation required under
24paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this
25subsection (c), a district with a combined fund balance that is
26positive shall be considered to have a deficit of zero. For

 

 

10000SB1947ham004- 238 -LRB100 09675 MLM 28408 a

1purposes of determining each district's audited fund balances
2in its educational fund, working cash fund, operations and
3maintenance fund, and transportation fund for the specified
4year ending June 30, as provided in paragraphs (1), (2), (3),
5(4), (5), (6), and (6.5) of this subsection (c), the balance of
6each fund shall be deemed decreased by an amount equal to the
7amount of the annual property tax theretofore levied in the
8fund by the district for collection and payment to the district
9during the calendar year in which the June 30 fell, but only to
10the extent that the tax so levied in the fund actually was
11received by the district on or before or comprised a part of
12the fund on such June 30. For purposes of determining each
13district's audited fund balances, a calculation shall be made
14for each fund to determine the average for the 3 years prior to
15the specified year ending June 30, as provided in paragraphs
16(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c),
17of the district's expenditures in the categories "purchased
18services", "supplies and materials", and "capital outlay", as
19those categories are defined in rules of the State Board of
20Education. If this 3-year average is less than the district's
21expenditures in these categories for the specified year ending
22June 30, as provided in paragraphs (1), (2), (3), (4), (5),
23(6), and (6.5) of this subsection (c), then the 3-year average
24shall be used in calculating the amounts payable under this
25Section in place of the amounts shown in these categories for
26the specified year ending June 30, as provided in paragraphs

 

 

10000SB1947ham004- 239 -LRB100 09675 MLM 28408 a

1(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c).
2Any deficit because of State aid not yet received may not be
3considered in determining the June 30 deficits. The same basis
4of accounting shall be used by all previously existing
5districts and by all annexing or annexed districts, as
6constituted prior to the annexation, in making any computation
7required under paragraphs (1), (2), (3), (4), (5), (6), and
8(6.5) of this subsection (c).
9    (8) The supplementary State aid payments under this
10subsection (c) shall be treated as separate from all other
11payments made pursuant to Section 18-8.05 of this Code.
12    (d)(1) Following the formation of a combined school
13district, as defined in Section 11E-20 of this Code, a new unit
14district, as defined in Section 11E-25 of this Code, a new
15elementary district or districts and a new high school district
16formed through a school district conversion, as defined in
17Section 11E-15 of this Code, a new partial elementary unit
18district, as defined in Section 11E-30 of this Code, or a new
19elementary district or districts formed through a multi-unit
20conversion, as defined in subsection (b) of Section 11E-30 of
21this Code, or the annexation of all of the territory of one or
22more entire school districts by one or more other school
23districts, as defined in Article 7 of this Code, a
24supplementary State aid reimbursement shall be paid for the
25number of school years determined under the following table to
26each new or annexing district equal to the sum of $4,000 for

 

 

 

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1each certified employee who is employed by the district on a
2full-time basis for the regular term of the school year:
 
3Reorganized District's RankReorganized District's Rank
4by type of district (unit,in Average Daily Attendance
5high school, elementary)By Quintile
6in Equalized Assessed Value
7Per Pupil by Quintile
83rd, 4th,
91st2ndor 5th
10QuintileQuintileQuintile
11    1st Quintile1 year1 year1 year
12    2nd Quintile1 year2 years2 years
13    3rd Quintile2 years3 years3 years
14    4th Quintile2 years3 years3 years
15    5th Quintile2 years3 years3 years
16The State Board of Education shall make a one-time calculation
17of a reorganized district's quintile ranks. The average daily
18attendance used in this calculation shall be the best 3 months'
19average daily attendance for the district's first year. The
20equalized assessed value per pupil shall be the district's real
21property equalized assessed value used in calculating the
22district's first-year general State aid claim, under Section
2318-8.05 of this Code, or first-year evidence-based funding
24claim, under Section 18-8.15 of this Code, as applicable,

 

 

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1divided by the best 3 months' average daily attendance.
2    No annexing or resulting school district shall be entitled
3to supplementary State aid under this subsection (d) unless the
4district acquires at least 30% of the average daily attendance
5of the district from which the territory is being detached or
6divided.
7    If a district results from multiple reorganizations that
8would otherwise qualify the district for multiple payments
9under this subsection (d) in any year, then the district shall
10receive a single payment only for that year based solely on the
11most recent reorganization.
12    (2) For an elementary opt-in, as defined in subsection (d)
13of Section 11E-30 of this Code, the full-time certified staff
14incentive shall be computed in accordance with paragraph (1) of
15this subsection (d), equal to the sum of $4,000 for each
16certified employee of the elementary district that opts-in who
17is employed by the optional elementary unit district on a
18full-time basis for the regular term of the school year. The
19calculation from this paragraph (2) must be paid as follows:
20        (A) If the effective date for the elementary opt-in is
21    one year after the effective date for the optional
22    elementary unit district, 100% of the amount calculated in
23    this paragraph (2) shall be paid to the optional elementary
24    unit district for the number of years calculated in
25    paragraph (1) of this subsection (d) at the optional
26    elementary unit district's original effective date,

 

 

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1    starting in the second year after the effective date of the
2    elementary 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 amount calculated in
6    this paragraph (2) shall be paid to the optional elementary
7    unit district for the number of years calculated in
8    paragraph (1) of this subsection (d) at the optional
9    elementary unit district's original effective date,
10    starting in the second year after the effective date of the
11    elementary opt-in.
12        (C) If the effective date for the elementary opt-in is
13    3 years after the effective date for the optional
14    elementary unit district, 50% of the 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        (D) If the effective date for the elementary opt-in is
22    4 years after the effective date for the optional
23    elementary unit district, 25% 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

 

 

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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        (E) If the effective date for the elementary opt-in is
5    5 years after the effective date for the optional
6    elementary unit district, the optional elementary unit
7    district is not eligible for any additional incentives due
8    to the elementary opt-in.
9    (2.5) Following the formation of a cooperative high school
10by 2 or more school districts under Section 10-22.22c of this
11Code, a supplementary State aid reimbursement shall be paid for
123 school years to the cooperative high school equal to the sum
13of $4,000 for each certified employee who is employed by the
14cooperative high school on a full-time basis for the regular
15term of any such school year. If a cooperative high school
16results from multiple agreements that would otherwise qualify
17the cooperative high school for multiple payments under this
18Section in any year, the cooperative high school shall receive
19a single payment for that year based solely on the most recent
20agreement.
21    (2.10) Following the annexation of territory detached from
22another school district whereby the enrollment of the annexing
23district increases 90% or more as a result of the annexation, a
24supplementary State aid reimbursement shall be paid to the
25annexing district equal to the sum of $4,000 for each certified
26employee who is employed by the annexing district on a

 

 

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1full-time basis and shall be calculated in accordance with
2subsection (a) of this Section. To be eligible for
3supplementary State aid reimbursement under this Section, the
4intergovernmental agreement to be submitted pursuant to
5Section 7-14A of this Code must show that certified staff
6members were transferred from the control of the district
7losing territory to the control of the district gaining
8territory in the annexation. The changes to this Section made
9by Public Act 95-707 are intended to be retroactive and
10applicable to any annexation taking effect on or after July 1,
112004. For annexations that are eligible for payments under this
12paragraph (2.10) and that are effective on or after July 1,
132004, but before January 11, 2008 (the effective date of Public
14Act 95-707), the first required yearly payment under this
15paragraph (2.10) shall be paid in the second fiscal year after
16January 11, 2008 (the effective date of Public Act 95-707). Any
17subsequent required yearly payments shall be paid in subsequent
18fiscal years until the payment obligation under this paragraph
19(2.10) is complete.
20    (2.15) Following the deactivation of a school facility in
21accordance with Section 10-22.22b of this Code, a supplementary
22State aid reimbursement shall be paid for the lesser of 3
23school years or the length of the deactivation agreement,
24including any renewals of the original deactivation agreement,
25to each receiving school district equal to the sum of $4,000
26for each certified employee who is employed by that receiving

 

 

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1district on a full-time basis for the regular term of any such
2school year who was originally transferred to the control of
3that receiving district as a result of the deactivation.
4Receiving districts are eligible for payments under this
5paragraph (2.15) based on the certified employees transferred
6to that receiving district as a result of the deactivation and
7are not required to receive at least 30% of the deactivating
8district's average daily attendance as required under
9paragraph (1) of this subsection (d) to be eligible for
10payments.
11    (3) The supplementary State aid reimbursement payable
12under this subsection (d) shall be separate from and in
13addition to all other payments made to the district pursuant to
14any other Section of this Article.
15    (4) During May of each school year for which a
16supplementary State aid reimbursement is to be paid to a new,
17annexing, or receiving school district or cooperative high
18school pursuant to this subsection (d), the school board or
19governing board shall certify to the State Board of Education,
20on forms furnished to the school board or governing board by
21the State Board of Education for purposes of this subsection
22(d), the number of certified employees for which the district
23or cooperative high school is entitled to reimbursement under
24this Section, together with the names, certificate numbers, and
25positions held by the certified employees.
26    (5) Upon certification by the State Board of Education to

 

 

10000SB1947ham004- 246 -LRB100 09675 MLM 28408 a

1the State Comptroller of the amount of the supplementary State
2aid reimbursement to which a school district or cooperative
3high school is entitled under this subsection (d), the State
4Comptroller shall draw his or her warrant upon the State
5Treasurer for the payment thereof to the school district or
6cooperative high school and shall promptly transmit the payment
7to the school district or cooperative high school through the
8appropriate school treasurer.
9(Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08;
1095-903, eff. 8-25-08; 96-328, eff. 8-11-09.)
 
11    (105 ILCS 5/13A-8)
12    Sec. 13A-8. Funding.
13    (a) The State of Illinois shall provide funding for the
14alternative school programs within each educational service
15region and within the Chicago public school system by line item
16appropriation made to the State Board of Education for that
17purpose. This money, when appropriated, shall be provided to
18the regional superintendent and to the Chicago Board of
19Education, who shall establish a budget, including salaries,
20for their alternative school programs. Each program shall
21receive funding in the amount of $30,000 plus an amount based
22on the ratio of the region's or Chicago's best 3 months'
23average daily attendance in grades pre-kindergarten through 12
24to the statewide totals of these amounts. For purposes of this
25calculation, the best 3 months' average daily attendance for

 

 

10000SB1947ham004- 247 -LRB100 09675 MLM 28408 a

1each region or Chicago shall be calculated by adding to the
2best 3 months' average daily attendance the number of
3low-income students identified in the most recently available
4federal census multiplied by one-half times the percentage of
5the region's or Chicago's low-income students to the State's
6total low-income students. The State Board of Education shall
7retain up to 1.1% of the appropriation to be used to provide
8technical assistance, professional development, and
9evaluations for the programs.
10    (a-5) Notwithstanding any other provisions of this
11Section, for the 1998-1999 fiscal year, the total amount
12distributed under subsection (a) for an alternative school
13program shall be not less than the total amount that was
14distributed under that subsection for that alternative school
15program for the 1997-1998 fiscal year. If an alternative school
16program is to receive a total distribution under subsection (a)
17for the 1998-1999 fiscal year that is less than the total
18distribution that the program received under that subsection
19for the 1997-1998 fiscal year, that alternative school program
20shall also receive, from a separate appropriation made for
21purposes of this subsection (a-5), a supplementary payment
22equal to the amount by which its total distribution under
23subsection (a) for the 1997-1998 fiscal year exceeds the amount
24of the total distribution that the alternative school program
25receives under that subsection for the 1998-1999 fiscal year.
26If the amount appropriated for supplementary payments to

 

 

10000SB1947ham004- 248 -LRB100 09675 MLM 28408 a

1alternative school programs under this subsection (a-5) is
2insufficient for that purpose, those supplementary payments
3shall be prorated among the alternative school programs
4entitled to receive those supplementary payments according to
5the aggregate amount of the appropriation made for purposes of
6this subsection (a-5).
7    (b) An alternative school program shall be entitled to
8receive general State aid as calculated in subsection (K) of
9Section 18-8.05 or evidence-based funding as calculated in
10subsection (g) of Section 18-8.15 upon filing a claim as
11provided therein. Any time that a student who is enrolled in an
12alternative school program spends in work-based learning,
13community service, or a similar alternative educational
14setting shall be included in determining the student's minimum
15number of clock hours of daily school work that constitute a
16day of attendance for purposes of calculating general State aid
17or evidence-based funding.
18    (c) An alternative school program may receive additional
19funding from its school districts in such amount as may be
20agreed upon by the parties and necessary to support the
21program. In addition, an alternative school program is
22authorized to accept and expend gifts, legacies, and grants,
23including but not limited to federal grants, from any source
24for purposes directly related to the conduct and operation of
25the program.
26(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;

 

 

10000SB1947ham004- 249 -LRB100 09675 MLM 28408 a

189-636, eff. 8-9-96; 90-14, eff. 7-1-97; 90-283, eff. 7-31-97;
290-802, eff. 12-15-98.)
 
3    (105 ILCS 5/13B-20.20)
4    Sec. 13B-20.20. Enrollment in other programs. High school
5equivalency testing preparation programs are not eligible for
6funding under this Article. A student may enroll in a program
7approved under Section 18-8.05 or 18-8.15 of this Code, as
8appropriate, or attend both the alternative learning
9opportunities program and the regular school program to enhance
10student performance and facilitate on-time graduation.
11(Source: P.A. 98-718, eff. 1-1-15.)
 
12    (105 ILCS 5/13B-45)
13    Sec. 13B-45. Days and hours of attendance. An alternative
14learning opportunities program shall provide students with at
15least the minimum number of days of pupil attendance required
16under Section 10-19 of this Code and the minimum number of
17daily hours of school work required under Section 18-8.05 or
1818-8.15 of this Code, provided that the State Board may approve
19exceptions to these requirements if the program meets all of
20the following conditions:
21        (1) The district plan submitted under Section
22    13B-25.15 of this Code establishes that a program providing
23    the required minimum number of days of attendance or daily
24    hours of school work would not serve the needs of the

 

 

10000SB1947ham004- 250 -LRB100 09675 MLM 28408 a

1    program's students.
2        (2) Each day of attendance shall provide no fewer than
3    3 clock hours of school work, as defined under paragraph
4    (1) of subsection (F) of Section 18-8.05 of this Code.
5        (3) Each day of attendance that provides fewer than 5
6    clock hours of school work shall also provide supplementary
7    services, including without limitation work-based
8    learning, student assistance programs, counseling, case
9    management, health and fitness programs, or life-skills or
10    conflict resolution training, in order to provide a total
11    daily program to the student of 5 clock hours. A program
12    may claim general State aid or evidence-based funding for
13    up to 2 hours of the time each day that a student is
14    receiving supplementary services.
15        (4) Each program shall provide no fewer than 174 days
16    of actual pupil attendance during the school term; however,
17    approved evening programs that meet the requirements of
18    Section 13B-45 of this Code may offer less than 174 days of
19    actual pupil attendance during the school term.
20(Source: P.A. 92-42, eff. 1-1-02.)
 
21    (105 ILCS 5/13B-50)
22    Sec. 13B-50. Eligibility to receive general State aid or
23evidence-based funding. In order to receive general State aid
24or evidence-based funding, alternative learning opportunities
25programs must meet the requirements for claiming general State

 

 

10000SB1947ham004- 251 -LRB100 09675 MLM 28408 a

1aid as specified in Section 18-8.05 of this Code or
2evidence-based funding as specified in Section 18-8.15 of this
3Code, as applicable, with the exception of the length of the
4instructional day, which may be less than 5 hours of school
5work if the program meets the criteria set forth under Sections
613B-50.5 and 13B-50.10 of this Code and if the program is
7approved by the State Board.
8(Source: P.A. 92-42, eff. 1-1-02.)
 
9    (105 ILCS 5/13B-50.10)
10    Sec. 13B-50.10. Additional criteria for general State aid
11or evidence-based funding. In order to claim general State aid
12or evidence-based funding, an alternative learning
13opportunities program must meet the following criteria:
14    (1) Teacher professional development plans should include
15education in the instruction of at-risk students.
16    (2) Facilities must meet the health, life, and safety
17requirements in this Code.
18    (3) The program must comply with all other State and
19federal laws applicable to education providers.
20(Source: P.A. 92-42, eff. 1-1-02.)
 
21    (105 ILCS 5/13B-50.15)
22    Sec. 13B-50.15. Level of funding. Approved alternative
23learning opportunities programs are entitled to claim general
24State aid or evidence-based funding, subject to Sections

 

 

10000SB1947ham004- 252 -LRB100 09675 MLM 28408 a

113B-50, 13B-50.5, and 13B-50.10 of this Code. Approved programs
2operated by regional offices of education are entitled to
3receive general State aid at the foundation level of support. A
4school district or consortium must ensure that an approved
5program receives supplemental general State aid,
6transportation reimbursements, and special education
7resources, if appropriate, for students enrolled in the
8program.
9(Source: P.A. 92-42, eff. 1-1-02.)
 
10    (105 ILCS 5/14-7.02b)
11    Sec. 14-7.02b. Funding for children requiring special
12education services. Payments to school districts for children
13requiring special education services documented in their
14individualized education program regardless of the program
15from which these services are received, excluding children
16claimed under Sections 14-7.02 and 14-7.03 of this Code, shall
17be made in accordance with this Section. Funds received under
18this Section may be used only for the provision of special
19educational facilities and services as defined in Section
2014-1.08 of this Code.
21    The appropriation for fiscal year 2005 through fiscal year
222017 and thereafter shall be based upon the IDEA child count of
23all students in the State, excluding students claimed under
24Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
25fiscal year 2 years preceding, multiplied by 17.5% of the

 

 

10000SB1947ham004- 253 -LRB100 09675 MLM 28408 a

1general State aid foundation level of support established for
2that fiscal year under Section 18-8.05 of this Code.
3    Beginning with fiscal year 2005 and through fiscal year
42007, individual school districts shall not receive payments
5under this Section totaling less than they received under the
6funding authorized under Section 14-7.02a of this Code during
7fiscal year 2004, pursuant to the provisions of Section
814-7.02a as they were in effect before the effective date of
9this amendatory Act of the 93rd General Assembly. This base
10level funding shall be computed first.
11    Beginning with fiscal year 2008 through fiscal year 2017
12and each fiscal year thereafter, individual school districts
13must not receive payments under this Section totaling less than
14they received in fiscal year 2007. This funding shall be
15computed last and shall be a separate calculation from any
16other calculation set forth in this Section. This amount is
17exempt from the requirements of Section 1D-1 of this Code.
18    Through fiscal year 2017, an An amount equal to 85% of the
19funds remaining in the appropriation shall be allocated to
20school districts based upon the district's average daily
21attendance reported for purposes of Section 18-8.05 of this
22Code for the preceding school year. Fifteen percent of the
23funds remaining in the appropriation shall be allocated to
24school districts based upon the district's low income eligible
25pupil count used in the calculation of general State aid under
26Section 18-8.05 of this Code for the same fiscal year. One

 

 

10000SB1947ham004- 254 -LRB100 09675 MLM 28408 a

1hundred percent of the funds computed and allocated to
2districts under this Section shall be distributed and paid to
3school districts.
4    For individual students with disabilities whose program
5costs exceed 4 times the district's per capita tuition rate as
6calculated under Section 10-20.12a of this Code, the costs in
7excess of 4 times the district's per capita tuition rate shall
8be paid by the State Board of Education from unexpended IDEA
9discretionary funds originally designated for room and board
10reimbursement pursuant to Section 14-8.01 of this Code. The
11amount of tuition for these children shall be determined by the
12actual cost of maintaining classes for these children, using
13the per capita cost formula set forth in Section 14-7.01 of
14this Code, with the program and cost being pre-approved by the
15State Superintendent of Education. Reimbursement for
16individual students with disabilities whose program costs
17exceed 4 times the district's per capita tuition rate shall be
18claimed beginning with costs encumbered for the 2004-2005
19school year and thereafter.
20    The State Board of Education shall prepare vouchers equal
21to one-fourth the amount allocated to districts, for
22transmittal to the State Comptroller on the 30th day of
23September, December, and March, respectively, and the final
24voucher, no later than June 20. The Comptroller shall make
25payments pursuant to this Section to school districts as soon
26as possible after receipt of vouchers. If the money

 

 

10000SB1947ham004- 255 -LRB100 09675 MLM 28408 a

1appropriated from the General Assembly for such purposes for
2any year is insufficient, it shall be apportioned on the basis
3of the payments due to school districts.
4    Nothing in this Section shall be construed to decrease or
5increase the percentage of all special education funds that are
6allocated annually under Article 1D of this Code or to alter
7the requirement that a school district provide special
8education services.
9    Nothing in this amendatory Act of the 93rd General Assembly
10shall eliminate any reimbursement obligation owed as of the
11effective date of this amendatory Act of the 93rd General
12Assembly to a school district with in excess of 500,000
13inhabitants.
14    Except for reimbursement for individual students with
15disabilities whose program costs exceed 4 times the district's
16per capita tuition rate, no funding shall be provided to school
17districts under this Section after fiscal year 2017.
18    In fiscal year 2018 and each fiscal year thereafter, all
19funding received by a school district from the State pursuant
20to Section 18–8.15 of this Code that is attributable to
21students requiring special education services must be used for
22special education services authorized under this Code.
23(Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)
 
24    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
25    Sec. 14-13.01. Reimbursement payable by State; amounts for

 

 

10000SB1947ham004- 256 -LRB100 09675 MLM 28408 a

1personnel and transportation.
2    (a) Through fiscal year 2017, for For staff working on
3behalf of children who have not been identified as eligible for
4special education and for eligible children with physical
5disabilities, including all eligible children whose placement
6has been determined under Section 14-8.02 in hospital or home
7instruction, 1/2 of the teacher's salary but not more than
8$1,000 annually per child or $9,000 per teacher, whichever is
9less.
10    (a-5) A child qualifies for home or hospital instruction if
11it is anticipated that, due to a medical condition, the child
12will be unable to attend school, and instead must be instructed
13at home or in the hospital, for a period of 2 or more
14consecutive weeks or on an ongoing intermittent basis. For
15purposes of this Section, "ongoing intermittent basis" means
16that the child's medical condition is of such a nature or
17severity that it is anticipated that the child will be absent
18from school due to the medical condition for periods of at
19least 2 days at a time multiple times during the school year
20totaling at least 10 days or more of absences. There shall be
21no requirement that a child be absent from school a minimum
22number of days before the child qualifies for home or hospital
23instruction. In order to establish eligibility for home or
24hospital services, a student's parent or guardian must submit
25to the child's school district of residence a written statement
26from a physician licensed to practice medicine in all of its

 

 

10000SB1947ham004- 257 -LRB100 09675 MLM 28408 a

1branches stating the existence of such medical condition, the
2impact on the child's ability to participate in education, and
3the anticipated duration or nature of the child's absence from
4school. Home or hospital instruction may commence upon receipt
5of a written physician's statement in accordance with this
6Section, but instruction shall commence not later than 5 school
7days after the school district receives the physician's
8statement. Special education and related services required by
9the child's IEP or services and accommodations required by the
10child's federal Section 504 plan must be implemented as part of
11the child's home or hospital instruction, unless the IEP team
12or federal Section 504 plan team determines that modifications
13are necessary during the home or hospital instruction due to
14the child's condition.
15    (a-10) Through fiscal year 2017, eligible Eligible
16children to be included in any reimbursement under this
17paragraph must regularly receive a minimum of one hour of
18instruction each school day, or in lieu thereof of a minimum of
195 hours of instruction in each school week in order to qualify
20for full reimbursement under this Section. If the attending
21physician for such a child has certified that the child should
22not receive as many as 5 hours of instruction in a school week,
23however, reimbursement under this paragraph on account of that
24child shall be computed proportionate to the actual hours of
25instruction per week for that child divided by 5.
26    (a-15) The State Board of Education shall establish rules

 

 

10000SB1947ham004- 258 -LRB100 09675 MLM 28408 a

1governing the required qualifications of staff providing home
2or hospital instruction.
3    (b) For children described in Section 14-1.02, 80% of the
4cost of transportation approved as a related service in the
5Individualized Education Program for each student in order to
6take advantage of special educational facilities.
7Transportation costs shall be determined in the same fashion as
8provided in Section 29-5 of this Code. For purposes of this
9subsection (b), the dates for processing claims specified in
10Section 29-5 shall apply.
11    (c) Through fiscal year 2017, for For each qualified
12worker, the annual sum of $9,000.
13    (d) Through fiscal year 2017, for For one full time
14qualified director of the special education program of each
15school district which maintains a fully approved program of
16special education the annual sum of $9,000. Districts
17participating in a joint agreement special education program
18shall not receive such reimbursement if reimbursement is made
19for a director of the joint agreement program.
20    (e) (Blank).
21    (f) (Blank).
22    (g) Through fiscal year 2017, for For readers, working with
23blind or partially seeing children 1/2 of their salary but not
24more than $400 annually per child. Readers may be employed to
25assist such children and shall not be required to be certified
26but prior to employment shall meet standards set up by the

 

 

10000SB1947ham004- 259 -LRB100 09675 MLM 28408 a

1State Board of Education.
2    (h) Through fiscal year 2017, for For non-certified
3employees, as defined by rules promulgated by the State Board
4of Education, who deliver services to students with IEPs, 1/2
5of the salary paid or $3,500 per employee, whichever is less.
6    (i) The State Board of Education shall set standards and
7prescribe rules for determining the allocation of
8reimbursement under this section on less than a full time basis
9and for less than a school year.
10    When any school district eligible for reimbursement under
11this Section operates a school or program approved by the State
12Superintendent of Education for a number of days in excess of
13the adopted school calendar but not to exceed 235 school days,
14such reimbursement shall be increased by 1/180 of the amount or
15rate paid hereunder for each day such school is operated in
16excess of 180 days per calendar year.
17    Notwithstanding any other provision of law, any school
18district receiving a payment under this Section or under
19Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
20all or a portion of the funds that it receives in a particular
21fiscal year or from evidence-based funding general State aid
22pursuant to Section 18-8.15 18-8.05 of this Code as funds
23received in connection with any funding program for which it is
24entitled to receive funds from the State in that fiscal year
25(including, without limitation, any funding program referenced
26in this Section), regardless of the source or timing of the

 

 

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1receipt. The district may not classify more funds as funds
2received in connection with the funding program than the
3district is entitled to receive in that fiscal year for that
4program. Any classification by a district must be made by a
5resolution of its board of education. The resolution must
6identify the amount of any payments or evidence-based funding
7general State aid to be classified under this paragraph and
8must specify the funding program to which the funds are to be
9treated as received in connection therewith. This resolution is
10controlling as to the classification of funds referenced
11therein. A certified copy of the resolution must be sent to the
12State Superintendent of Education. The resolution shall still
13take effect even though a copy of the resolution has not been
14sent to the State Superintendent of Education in a timely
15manner. No classification under this paragraph by a district
16shall affect the total amount or timing of money the district
17is entitled to receive under this Code. No classification under
18this paragraph by a district shall in any way relieve the
19district from or affect any requirements that otherwise would
20apply with respect to that funding program, including any
21accounting of funds by source, reporting expenditures by
22original source and purpose, reporting requirements, or
23requirements of providing services.
24    No funding shall be provided to school districts under this
25Section after fiscal year 2017. In fiscal year 2018 and each
26fiscal year thereafter, all funding received by a school

 

 

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1district from the State pursuant to Section 18-8.15 of this
2Code that is attributable to personnel reimbursements for
3special education pupils must be used for special education
4services authorized under this Code.
5(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
 
6    (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)
7    Sec. 14C-1. The General Assembly finds that there are large
8numbers of children in this State who come from environments
9where the primary language is other than English. Experience
10has shown that public school classes in which instruction is
11given only in English are often inadequate for the education of
12children whose native tongue is another language. The General
13Assembly believes that a program of transitional bilingual
14education can meet the needs of these children and facilitate
15their integration into the regular public school curriculum.
16Therefore, pursuant to the policy of this State to ensure equal
17educational opportunity to every child, and in recognition of
18the educational needs of English learners, it is the purpose of
19this Act to provide for the establishment of transitional
20bilingual education programs in the public schools, to provide
21supplemental financial assistance through fiscal year 2017 to
22help local school districts meet the extra costs of such
23programs, and to allow this State through the State Board of
24Education to directly or indirectly provide technical
25assistance and professional development to support

 

 

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1transitional bilingual education or a transitional program of
2instruction programs statewide through contractual services by
3a not-for-profit entity for technical assistance, professional
4development, and other support to school districts and
5educators for services for English learner pupils. In no case
6may aggregate funding for contractual services by a
7not-for-profit entity for support to school districts and
8educators for services for English learner pupils be less than
9the aggregate amount expended for such purposes in Fiscal Year
102017. Not-for-profit entities providing support to school
11districts and educators for services for English learner pupils
12must have experience providing those services in a school
13district having a population exceeding 500,000; one or more
14school districts in any of the counties of Lake, McHenry,
15DuPage, Kane, and Will; and one or more school districts
16elsewhere in this State. Funding for not-for-profit entities
17providing support to school districts and educators for
18services for English learner pupils may be increased subject to
19an agreement with the State Board of Education. Funding for
20not-for-profit entities providing support to school districts
21and educators for services for English learner pupils shall
22come from funds allocated pursuant to Section 18-8.15 of this
23Code.
24(Source: P.A. 99-30, eff. 7-10-15.)
 
25    (105 ILCS 5/14C-12)  (from Ch. 122, par. 14C-12)

 

 

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1    Sec. 14C-12. Account of expenditures; Cost report;
2Reimbursement. Each school district with at least one English
3learner shall keep an accurate, detailed and separate account
4of all monies paid out by it for the programs in transitional
5bilingual education required or permitted by this Article,
6including transportation costs, and shall annually report
7thereon for the school year ending June 30 indicating the
8average per pupil expenditure. Through fiscal year 2017, each
9Each school district shall be reimbursed for the amount by
10which such costs exceed the average per pupil expenditure by
11such school district for the education of children of
12comparable age who are not in any special education program. No
13funding shall be provided to school districts under this
14Section after fiscal year 2017. In fiscal year 2018 and each
15fiscal year thereafter, all funding received by a school
16district from the State pursuant to Section 18-8.15 of this
17Code that is attributable to instructions, supports, and
18interventions for English learner pupils must be used for
19programs and services authorized under this Article. At least
2060% of transitional bilingual education funding received from
21the State must be used for the instructional costs of programs
22and services authorized under this Article transitional
23bilingual education.
24    Applications for preapproval for reimbursement for costs
25of transitional bilingual education programs must be submitted
26to the State Superintendent of Education at least 60 days

 

 

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1before a transitional bilingual education program is started,
2unless a justifiable exception is granted by the State
3Superintendent of Education. Applications shall set forth a
4plan for transitional bilingual education established and
5maintained in accordance with this Article.
6    Through fiscal year 2017, reimbursement Reimbursement
7claims for transitional bilingual education programs shall be
8made as follows:
9    Each school district shall claim reimbursement on a current
10basis for the first 3 quarters of the fiscal year and file a
11final adjusted claim for the school year ended June 30
12preceding computed in accordance with rules prescribed by the
13State Superintendent's Office. The State Superintendent of
14Education before approving any such claims shall determine
15their accuracy and whether they are based upon services and
16facilities provided under approved programs. Upon approval he
17shall transmit to the Comptroller the vouchers showing the
18amounts due for school district reimbursement claims. Upon
19receipt of the final adjusted claims the State Superintendent
20of Education shall make a final determination of the accuracy
21of such claims. If the money appropriated by the General
22Assembly for such purpose for any year is insufficient, it
23shall be apportioned on the basis of the claims approved.
24    Failure on the part of the school district to prepare and
25certify the final adjusted claims due under this Section may
26constitute a forfeiture by the school district of its right to

 

 

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1be reimbursed by the State under this Section.
2(Source: P.A. 96-1170, eff. 1-1-11.)
 
3    (105 ILCS 5/17-1)  (from Ch. 122, par. 17-1)
4    Sec. 17-1. Annual Budget. The board of education of each
5school district under 500,000 inhabitants shall, within or
6before the first quarter of each fiscal year, adopt and file
7with the State Board of Education an annual balanced budget
8which it deems necessary to defray all necessary expenses and
9liabilities of the district, and in such annual budget shall
10specify the objects and purposes of each item and amount needed
11for each object or purpose.
12    The budget shall be entered upon a School District Budget
13form prepared and provided by the State Board of Education and
14therein shall contain a statement of the cash on hand at the
15beginning of the fiscal year, an estimate of the cash expected
16to be received during such fiscal year from all sources, an
17estimate of the expenditures contemplated for such fiscal year,
18and a statement of the estimated cash expected to be on hand at
19the end of such year. The estimate of taxes to be received may
20be based upon the amount of actual cash receipts that may
21reasonably be expected by the district during such fiscal year,
22estimated from the experience of the district in prior years
23and with due regard for other circumstances that may
24substantially affect such receipts. Nothing in this Section
25shall be construed as requiring any district to change or

 

 

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1preventing any district from changing from a cash basis of
2financing to a surplus or deficit basis of financing; or as
3requiring any district to change or preventing any district
4from changing its system of accounting. The budget shall
5conform to the requirements adopted by the State Board of
6Education pursuant to Section 2-3.28 of this Code.
7    To the extent that a school district's budget is not
8balanced, the district shall also adopt and file with the State
9Board of Education a deficit reduction plan to balance the
10district's budget within 3 years. The deficit reduction plan
11must be filed at the same time as the budget, but the State
12Superintendent of Education may extend this deadline if the
13situation warrants.
14    If, as the result of an audit performed in compliance with
15Section 3-7 of this Code, the resulting Annual Financial Report
16required to be submitted pursuant to Section 3-15.1 of this
17Code reflects a deficit as defined for purposes of the
18preceding paragraph, then the district shall, within 30 days
19after acceptance of such audit report, submit a deficit
20reduction plan.
21    The board of education of each district shall fix a fiscal
22year therefor. If the beginning of the fiscal year of a
23district is subsequent to the time that the tax levy due to be
24made in such fiscal year shall be made, then such annual budget
25shall be adopted prior to the time such tax levy shall be made.
26The failure by a board of education of any district to adopt an

 

 

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1annual budget, or to comply in any respect with the provisions
2of this Section, shall not affect the validity of any tax levy
3of the district otherwise in conformity with the law. With
4respect to taxes levied either before, on, or after the
5effective date of this amendatory Act of the 91st General
6Assembly, (i) a tax levy is made for the fiscal year in which
7the levy is due to be made regardless of which fiscal year the
8proceeds of the levy are expended or are intended to be
9expended, and (ii) except as otherwise provided by law, a board
10of education's adoption of an annual budget in conformity with
11this Section is not a prerequisite to the adoption of a valid
12tax levy and is not a limit on the amount of the levy.
13    Such budget shall be prepared in tentative form by some
14person or persons designated by the board, and in such
15tentative form shall be made conveniently available to public
16inspection for at least 30 days prior to final action thereon.
17At least 1 public hearing shall be held as to such budget prior
18to final action thereon. Notice of availability for public
19inspection and of such public hearing shall be given by
20publication in a newspaper published in such district, at least
2130 days prior to the time of such hearing. If there is no
22newspaper published in such district, notice of such public
23hearing shall be given by posting notices thereof in 5 of the
24most public places in such district. It shall be the duty of
25the secretary of such board to make such tentative budget
26available to public inspection, and to arrange for such public

 

 

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1hearing. The board may from time to time make transfers between
2the various items in any fund not exceeding in the aggregate
310% of the total of such fund as set forth in the budget. The
4board may from time to time amend such budget by the same
5procedure as is herein provided for its original adoption.
6    Beginning July 1, 1976, the board of education, or regional
7superintendent, or governing board responsible for the
8administration of a joint agreement shall, by September 1 of
9each fiscal year thereafter, adopt an annual budget for the
10joint agreement in the same manner and subject to the same
11requirements as are provided in this Section.
12    The State Board of Education shall exercise powers and
13duties relating to budgets as provided in Section 2-3.27 of
14this Code and shall require school districts to submit their
15annual budgets, deficit reduction plans, and other financial
16information, including revenue and expenditure reports and
17borrowing and interfund transfer plans, in such form and within
18the timelines designated by the State Board of Education.
19    By fiscal year 1982 all school districts shall use the
20Program Budget Accounting System.
21    In the case of a school district receiving emergency State
22financial assistance under Article 1B, the school board shall
23also be subject to the requirements established under Article
241B with respect to the annual budget.
25(Source: P.A. 97-429, eff. 8-16-11.)
 

 

 

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1    (105 ILCS 5/17-1.2)
2    Sec. 17-1.2. Post annual budget on web site. If a school
3district has an Internet web site, the school district shall
4post its current annual budget, itemized by receipts and
5expenditures, on the district's Internet web site. The budget
6shall include information conforming to the rules adopted by
7the State Board of Education pursuant to Section 2-3.28 of this
8Code. The school district shall notify the parents or guardians
9of its students that the budget has been posted on the
10district's web site and what the web site's address is.
11(Source: P.A. 92-438, eff. 1-1-02.)
 
12    (105 ILCS 5/17-1.5)
13    Sec. 17-1.5. Limitation of administrative costs.
14    (a) It is the purpose of this Section to establish
15limitations on the growth of administrative expenditures in
16order to maximize the proportion of school district resources
17available for the instructional program, building maintenance,
18and safety services for the students of each district.
19    (b) Definitions. For the purposes of this Section:
20    "Administrative expenditures" mean the annual expenditures
21of school districts properly attributable to expenditure
22functions defined by the rules of the State Board of Education
23as: 2320 (Executive Administration Services); 2330 (Special
24Area Administration Services); 2490 (Other Support Services -
25School Administration); 2510 (Direction of Business Support

 

 

10000SB1947ham004- 270 -LRB100 09675 MLM 28408 a

1Services); 2570 (Internal Services); and 2610 (Direction of
2Central Support Services); provided, however, that
3"administrative expenditures" shall not include early
4retirement or other pension system obligations required by
5State law.
6    "School district" means all school districts having a
7population of less than 500,000.
8    (c) For the 1998-99 school year and each school year
9thereafter, each school district shall undertake budgetary and
10expenditure control actions so that the increase in
11administrative expenditures for that school year over the prior
12school year does not exceed 5%. School districts with
13administrative expenditures per pupil in the 25th percentile
14and below for all districts of the same type, as defined by the
15State Board of Education, may waive the limitation imposed
16under this Section for any year following a public hearing and
17with the affirmative vote of at least two-thirds of the members
18of the school board of the district. Any district waiving the
19limitation shall notify the State Board within 45 days of such
20action.
21    (d) School districts shall file with the State Board of
22Education by November 15, 1998 and by each November 15th
23thereafter a one-page report that lists (i) the actual
24administrative expenditures for the prior year from the
25district's audited Annual Financial Report, and (ii) the
26projected administrative expenditures for the current year

 

 

10000SB1947ham004- 271 -LRB100 09675 MLM 28408 a

1from the budget adopted by the school board pursuant to Section
217-1 of this Code.
3    If a school district that is ineligible to waive the
4limitation imposed by subsection (c) of this Section by board
5action exceeds the limitation solely because of circumstances
6beyond the control of the district and the district has
7exhausted all available and reasonable remedies to comply with
8the limitation, the district may request a waiver pursuant to
9Section 2-3.25g. The waiver application shall specify the
10amount, nature, and reason for the relief requested, as well as
11all remedies the district has exhausted to comply with the
12limitation. Any emergency relief so requested shall apply only
13to the specific school year for which the request is made. The
14State Board of Education shall analyze all such waivers
15submitted and shall recommend that the General Assembly
16disapprove any such waiver requested that is not due solely to
17circumstances beyond the control of the district and for which
18the district has not exhausted all available and reasonable
19remedies to comply with the limitation. The State
20Superintendent shall have no authority to impose any sanctions
21pursuant to this Section for any expenditures for which a
22waiver has been requested until such waiver has been reviewed
23by the General Assembly.
24    If the report and information required under this
25subsection (d) are not provided by the school district in a
26timely manner, or are subsequently determined by the State

 

 

10000SB1947ham004- 272 -LRB100 09675 MLM 28408 a

1Superintendent of Education to be incomplete or inaccurate, the
2State Superintendent shall notify the district in writing of
3reporting deficiencies. The school district shall, within 60
4days of the notice, address the reporting deficiencies
5identified.
6    (e) If the State Superintendent determines that a school
7district has failed to comply with the administrative
8expenditure limitation imposed in subsection (c) of this
9Section, the State Superintendent shall notify the district of
10the violation and direct the district to undertake corrective
11action to bring the district's budget into compliance with the
12administrative expenditure limitation. The district shall,
13within 60 days of the notice, provide adequate assurance to the
14State Superintendent that appropriate corrective actions have
15been or will be taken. If the district fails to provide
16adequate assurance or fails to undertake the necessary
17corrective actions, the State Superintendent may impose
18progressive sanctions against the district that may culminate
19in withholding all subsequent payments of general State aid due
20the district under Section 18-8.05 of this Code or
21evidence-based funding due the district under Section 18-8.15
22of this Code until the assurance is provided or the corrective
23actions taken.
24    (f) The State Superintendent shall publish a list each year
25of the school districts that violate the limitation imposed by
26subsection (c) of this Section and a list of the districts that

 

 

10000SB1947ham004- 273 -LRB100 09675 MLM 28408 a

1waive the limitation by board action as provided in subsection
2(c) of this Section.
3(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
 
4    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
5    Sec. 17-2.11. School board power to levy a tax or to borrow
6money and issue bonds for fire prevention, safety, energy
7conservation, accessibility, school security, and specified
8repair purposes.
9    (a) Whenever, as a result of any lawful order of any
10agency, other than a school board, having authority to enforce
11any school building code applicable to any facility that houses
12students, or any law or regulation for the protection and
13safety of the environment, pursuant to the Environmental
14Protection Act, any school district having a population of less
15than 500,000 inhabitants is required to alter or reconstruct
16any school building or permanent, fixed equipment; the district
17may, by proper resolution, levy a tax for the purpose of making
18such alteration or reconstruction, based on a survey report by
19an architect or engineer licensed in this State, upon all of
20the taxable property of the district at the value as assessed
21by the Department of Revenue and at a rate not to exceed 0.05%
22per year for a period sufficient to finance such alteration or
23reconstruction, upon the following conditions:
24        (1) When there are not sufficient funds available in
25    the operations and maintenance fund of the school district,

 

 

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1    the school facility occupation tax fund of the district, or
2    the fire prevention and safety fund of the district, as
3    determined by the district on the basis of rules adopted by
4    the State Board of Education, to make such alteration or
5    reconstruction or to purchase and install such permanent,
6    fixed equipment so ordered or determined as necessary.
7    Appropriate school district records must be made available
8    to the State Superintendent of Education, upon request, to
9    confirm this insufficiency.
10        (2) When a certified estimate of an architect or
11    engineer licensed in this State stating the estimated
12    amount necessary to make the alteration or reconstruction
13    or to purchase and install the equipment so ordered has
14    been secured by the school district, and the estimate has
15    been approved by the regional superintendent of schools
16    having jurisdiction over the district and the State
17    Superintendent of Education. Approval must not be granted
18    for any work that has already started without the prior
19    express authorization of the State Superintendent of
20    Education. If the estimate is not approved or is denied
21    approval by the regional superintendent of schools within 3
22    months after the date on which it is submitted to him or
23    her, the school board of the district may submit the
24    estimate directly to the State Superintendent of Education
25    for approval or denial.
26    In the case of an emergency situation, where the estimated

 

 

10000SB1947ham004- 275 -LRB100 09675 MLM 28408 a

1cost to effectuate emergency repairs is less than the amount
2specified in Section 10-20.21 of this Code, the school district
3may proceed with such repairs prior to approval by the State
4Superintendent of Education, but shall comply with the
5provisions of subdivision (2) of this subsection (a) as soon
6thereafter as may be as well as Section 10-20.21 of this Code.
7If the estimated cost to effectuate emergency repairs is
8greater than the amount specified in Section 10-20.21 of this
9Code, then the school district shall proceed in conformity with
10Section 10-20.21 of this Code and with rules established by the
11State Board of Education to address such situations. The rules
12adopted by the State Board of Education to deal with these
13situations shall stipulate that emergency situations must be
14expedited and given priority consideration. For purposes of
15this paragraph, an emergency is a situation that presents an
16imminent and continuing threat to the health and safety of
17students or other occupants of a facility, requires complete or
18partial evacuation of a building or part of a building, or
19consumes one or more of the 5 emergency days built into the
20adopted calendar of the school or schools or would otherwise be
21expected to cause such school or schools to fall short of the
22minimum school calendar requirements.
23    (b) Whenever any such district determines that it is
24necessary for energy conservation purposes that any school
25building or permanent, fixed equipment should be altered or
26reconstructed and that such alterations or reconstruction will

 

 

10000SB1947ham004- 276 -LRB100 09675 MLM 28408 a

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

 

 

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1and prevent unauthorized entry or activities upon school
2property by unknown or dangerous persons, assure early
3detection and advance warning of any such actual or attempted
4unauthorized entry or activities and help assure the continued
5safety of pupils and school staff if any such unauthorized
6entry or activity is attempted or occurs; the district may levy
7a tax or issue bonds as provided in subsection (a) of this
8Section.
9    (e) If a school district does not need funds for other fire
10prevention and safety projects, including the completion of
11approved and recommended projects contained in any safety
12survey report or amendments thereto authorized by Section
132-3.12 of this Act, and it is determined after a public hearing
14(which is preceded by at least one published notice (i)
15occurring at least 7 days prior to the hearing in a newspaper
16of general circulation within the school district and (ii)
17setting forth the time, date, place, and general subject matter
18of the hearing) that there is a substantial, immediate, and
19otherwise unavoidable threat to the health, safety, or welfare
20of pupils due to disrepair of school sidewalks, playgrounds,
21parking lots, or school bus turnarounds and repairs must be
22made; then the district may levy a tax or issue bonds as
23provided in subsection (a) of this Section.
24    (f) For purposes of this Section a school district may
25replace a school building or build additions to replace
26portions of a building when it is determined that the

 

 

10000SB1947ham004- 278 -LRB100 09675 MLM 28408 a

1effectuation of the recommendations for the existing building
2will cost more than the replacement costs. Such determination
3shall be based on a comparison of estimated costs made by an
4architect or engineer licensed in the State of Illinois. The
5new building or addition shall be equivalent in area (square
6feet) and comparable in purpose and grades served and may be on
7the same site or another site. Such replacement may only be
8done upon order of the regional superintendent of schools and
9the approval of the State Superintendent of Education.
10    (g) The filing of a certified copy of the resolution
11levying the tax when accompanied by the certificates of the
12regional superintendent of schools and State Superintendent of
13Education shall be the authority of the county clerk to extend
14such tax.
15    (h) The county clerk of the county in which any school
16district levying a tax under the authority of this Section is
17located, in reducing raised levies, shall not consider any such
18tax as a part of the general levy for school purposes and shall
19not include the same in the limitation of any other tax rate
20which may be extended.
21    Such tax shall be levied and collected in like manner as
22all other taxes of school districts, subject to the provisions
23contained in this Section.
24    (i) The tax rate limit specified in this Section may be
25increased to .10% upon the approval of a proposition to effect
26such increase by a majority of the electors voting on that

 

 

10000SB1947ham004- 279 -LRB100 09675 MLM 28408 a

1proposition at a regular scheduled election. Such proposition
2may be initiated by resolution of the school board and shall be
3certified by the secretary to the proper election authorities
4for submission in accordance with the general election law.
5    (j) When taxes are levied by any school district for fire
6prevention, safety, energy conservation, and school security
7purposes as specified in this Section, and the purposes for
8which the taxes have been levied are accomplished and paid in
9full, and there remain funds on hand in the Fire Prevention and
10Safety Fund from the proceeds of the taxes levied, including
11interest earnings thereon, the school board by resolution shall
12use such excess and other board restricted funds, excluding
13bond proceeds and earnings from such proceeds, as follows:
14        (1) for other authorized fire prevention, safety,
15    energy conservation, required safety inspections, school
16    security purposes, sampling for lead in drinking water in
17    schools, and for repair and mitigation due to lead levels
18    in the drinking water supply; or
19        (2) for transfer to the Operations and Maintenance Fund
20    for the purpose of abating an equal amount of operations
21    and maintenance purposes taxes.
22Notwithstanding subdivision (2) of this subsection (j) and
23subsection (k) of this Section, through June 30, 2020 2019, the
24school board may, by proper resolution following a public
25hearing set by the school board or the president of the school
26board (that is preceded (i) by at least one published notice

 

 

10000SB1947ham004- 280 -LRB100 09675 MLM 28408 a

1over the name of the clerk or secretary of the board, occurring
2at least 7 days and not more than 30 days prior to the hearing,
3in a newspaper of general circulation within the school
4district and (ii) by posted notice over the name of the clerk
5or secretary of the board, at least 48 hours before the
6hearing, at the principal office of the school board or at the
7building where the hearing is to be held if a principal office
8does not exist, with both notices setting forth the time, date,
9place, and subject matter of the hearing), transfer surplus
10life safety taxes and interest earnings thereon to the
11Operations and Maintenance Fund for building repair work.
12    (k) If any transfer is made to the Operation and
13Maintenance Fund, the secretary of the school board shall
14within 30 days notify the county clerk of the amount of that
15transfer and direct the clerk to abate the taxes to be extended
16for the purposes of operations and maintenance authorized under
17Section 17-2 of this Act by an amount equal to such transfer.
18    (l) If the proceeds from the tax levy authorized by this
19Section are insufficient to complete the work approved under
20this Section, the school board is authorized to sell bonds
21without referendum under the provisions of this Section in an
22amount that, when added to the proceeds of the tax levy
23authorized by this Section, will allow completion of the
24approved work.
25    (m) Any bonds issued pursuant to this Section shall bear
26interest at a rate not to exceed the maximum rate authorized by

 

 

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1law at the time of the making of the contract, shall mature
2within 20 years from date, and shall be signed by the president
3of the school board and the treasurer of the school district.
4    (n) In order to authorize and issue such bonds, the school
5board shall adopt a resolution fixing the amount of bonds, the
6date thereof, the maturities thereof, rates of interest
7thereof, place of payment and denomination, which shall be in
8denominations of not less than $100 and not more than $5,000,
9and provide for the levy and collection of a direct annual tax
10upon all the taxable property in the school district sufficient
11to pay the principal and interest on such bonds to maturity.
12Upon the filing in the office of the county clerk of the county
13in which the school district is located of a certified copy of
14the resolution, it is the duty of the county clerk to extend
15the tax therefor in addition to and in excess of all other
16taxes heretofore or hereafter authorized to be levied by such
17school district.
18    (o) After the time such bonds are issued as provided for by
19this Section, if additional alterations or reconstructions are
20required to be made because of surveys conducted by an
21architect or engineer licensed in the State of Illinois, the
22district may levy a tax at a rate not to exceed .05% per year
23upon all the taxable property of the district or issue
24additional bonds, whichever action shall be the most feasible.
25    (p) This Section is cumulative and constitutes complete
26authority for the issuance of bonds as provided in this Section

 

 

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1notwithstanding any other statute or law to the contrary.
2    (q) With respect to instruments for the payment of money
3issued under this Section either before, on, or after the
4effective date of Public Act 86-004 (June 6, 1989), it is, and
5always has been, the intention of the General Assembly (i) that
6the Omnibus Bond Acts are, and always have been, supplementary
7grants of power to issue instruments in accordance with the
8Omnibus Bond Acts, regardless of any provision of this Act that
9may appear to be or to have been more restrictive than those
10Acts, (ii) that the provisions of this Section are not a
11limitation on the supplementary authority granted by the
12Omnibus Bond Acts, and (iii) that instruments issued under this
13Section within the supplementary authority granted by the
14Omnibus Bond Acts are not invalid because of any provision of
15this Act that may appear to be or to have been more restrictive
16than those Acts.
17    (r) When the purposes for which the bonds are issued have
18been accomplished and paid for in full and there remain funds
19on hand from the proceeds of the bond sale and interest
20earnings therefrom, the board shall, by resolution, use such
21excess funds in accordance with the provisions of Section
2210-22.14 of this Act.
23    (s) Whenever any tax is levied or bonds issued for fire
24prevention, safety, energy conservation, and school security
25purposes, such proceeds shall be deposited and accounted for
26separately within the Fire Prevention and Safety Fund.

 

 

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1(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14;
299-143, eff. 7-27-15; 99-713, eff. 8-5-16; 99-922, eff.
31-17-17.)
 
4    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
5    Sec. 17-2A. Interfund transfers.
6    (a) The school board of any district having a population of
7less than 500,000 inhabitants may, by proper resolution
8following a public hearing set by the school board or the
9president of the school board (that is preceded (i) by at least
10one published notice over the name of the clerk or secretary of
11the board, occurring at least 7 days and not more than 30 days
12prior to the hearing, in a newspaper of general circulation
13within the school district and (ii) by posted notice over the
14name of the clerk or secretary of the board, at least 48 hours
15before the hearing, at the principal office of the school board
16or at the building where the hearing is to be held if a
17principal office does not exist, with both notices setting
18forth the time, date, place, and subject matter of the
19hearing), transfer money from (1) the Educational Fund to the
20Operations and Maintenance Fund or the Transportation Fund, (2)
21the Operations and Maintenance Fund to the Educational Fund or
22the Transportation Fund, (3) the Transportation Fund to the
23Educational Fund or the Operations and Maintenance Fund, or (4)
24the Tort Immunity Fund to the Operations and Maintenance Fund
25of said district, provided that, except during the period from

 

 

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1July 1, 2003 through June 30, 2020 2019, such transfer is made
2solely for the purpose of meeting one-time, non-recurring
3expenses. Except during the period from July 1, 2003 through
4June 30, 2020 2019 and except as otherwise provided in
5subsection (b) of this Section, any other permanent interfund
6transfers authorized by any provision or judicial
7interpretation of this Code for which the transferee fund is
8not precisely and specifically set forth in the provision of
9this Code authorizing such transfer shall be made to the fund
10of the school district most in need of the funds being
11transferred, as determined by resolution of the school board.
12    (b) (Blank).
13    (c) Notwithstanding subsection (a) of this Section or any
14other provision of this Code to the contrary, the school board
15of any school district (i) that is subject to the Property Tax
16Extension Limitation Law, (ii) that is an elementary district
17servicing students in grades K through 8, (iii) whose territory
18is in one county, (iv) that is eligible for Section 7002
19Federal Impact Aid, and (v) that has no more than $81,000 in
20funds remaining from refinancing bonds that were refinanced a
21minimum of 5 years prior to January 20, 2017 (the effective
22date of Public Act 99-926) this amendatory Act of the 99th
23General Assembly may make a one-time transfer of the funds
24remaining from the refinancing bonds to the Operations and
25Maintenance Fund of the district by proper resolution following
26a public hearing set by the school board or the president of

 

 

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1the school board, with notice as provided in subsection (a) of
2this Section, so long as the district meets the qualifications
3set forth in this subsection (c) on January 20, 2017 (the
4effective date of Public Act 99-926) this amendatory Act of the
599th General Assembly.
6(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713,
7eff. 8-5-16; 99-922, eff. 1-17-17; 99-926, eff. 1-20-17;
8revised 1-23-17.)
 
9    (105 ILCS 5/17-3.6 new)
10    Sec. 17-3.6. Educational purposes tax rate for school
11districts subject to Property Tax Extension Limitation Law.
12Notwithstanding the provisions, requirements, or limitations
13of this Code or any other law, any tax levied for educational
14purposes by a school district subject to the Property Tax
15Extension Limitation Law for the 2016 levy year or any
16subsequent levy year may be extended at a rate exceeding the
17rate established for educational purposes by referendum or this
18Code, provided that the rate does not cause the school district
19to exceed the limiting rate applicable to the school district
20under the Property Tax Extension Limitation Law for that levy
21year.
 
22    (105 ILCS 5/18-4.3)  (from Ch. 122, par. 18-4.3)
23    Sec. 18-4.3. Summer school grants. Through fiscal year
242017, grants Grants shall be determined for pupil attendance in

 

 

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1summer schools conducted under Sections 10-22.33A and 34-18 and
2approved under Section 2-3.25 in the following manner.
3    The amount of grant for each accredited summer school
4attendance pupil shall be obtained by dividing the total amount
5of apportionments determined under Section 18-8.05 by the
6actual number of pupils in average daily attendance used for
7such apportionments. The number of credited summer school
8attendance pupils shall be determined (a) by counting clock
9hours of class instruction by pupils enrolled in grades 1
10through 12 in approved courses conducted at least 60 clock
11hours in summer sessions; (b) by dividing such total of clock
12hours of class instruction by 4 to produce days of credited
13pupil attendance; (c) by dividing such days of credited pupil
14attendance by the actual number of days in the regular term as
15used in computation in the general apportionment in Section
1618-8.05; and (d) by multiplying by 1.25.
17    The amount of the grant for a summer school program
18approved by the State Superintendent of Education for children
19with disabilities, as defined in Sections 14-1.02 through
2014-1.07, shall be determined in the manner contained above
21except that average daily membership shall be utilized in lieu
22of average daily attendance.
23    In the case of an apportionment based on summer school
24attendance or membership pupils, the claim therefor shall be
25presented as a separate claim for the particular school year in
26which such summer school session ends. On or before November 1

 

 

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1of each year the superintendent of each eligible school
2district shall certify to the State Superintendent of Education
3the claim of the district for the summer session just ended.
4Failure on the part of the school board to so certify shall
5constitute a forfeiture of its right to such payment. The State
6Superintendent of Education shall transmit to the Comptroller
7no later than December 15th of each year vouchers for payment
8of amounts due school districts for summer school. The State
9Superintendent of Education shall direct the Comptroller to
10draw his warrants for payments thereof by the 30th day of
11December. If the money appropriated by the General Assembly for
12such purpose for any year is insufficient, it shall be
13apportioned on the basis of claims approved.
14    However, notwithstanding the foregoing provisions, for
15each fiscal year the money appropriated by the General Assembly
16for the purposes of this Section shall only be used for grants
17for approved summer school programs for those children with
18disabilities served pursuant to Section 14-7.02 or 14-7.02b of
19this Code.
20    No funding shall be provided to school districts under this
21Section after fiscal year 2017. In fiscal year 2018 and each
22fiscal year thereafter, all funding received by a school
23district from the State pursuant to Section 18–8.15 of this
24Code that is attributable to summer school for special
25education pupils must be used for special education services
26authorized under this Code.

 

 

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1(Source: P.A. 93-1022, eff. 8-24-04.)
 
2    (105 ILCS 5/18-8.05)
3    Sec. 18-8.05. Basis for apportionment of general State
4financial aid and supplemental general State aid to the common
5schools for the 1998-1999 through the 2016-2017 and subsequent
6school years.
 
7(A) General Provisions.
8    (1) The provisions of this Section relating to the
9calculation and apportionment of general State financial aid
10and supplemental general State aid apply to the 1998-1999
11through the 2016-2017 and subsequent school years. The system
12of general State financial aid provided for in this Section is
13designed to assure that, through a combination of State
14financial aid and required local resources, the financial
15support provided each pupil in Average Daily Attendance equals
16or exceeds a prescribed per pupil Foundation Level. This
17formula approach imputes a level of per pupil Available Local
18Resources and provides for the basis to calculate a per pupil
19level of general State financial aid that, when added to
20Available Local Resources, equals or exceeds the Foundation
21Level. The amount of per pupil general State financial aid for
22school districts, in general, varies in inverse relation to
23Available Local Resources. Per pupil amounts are based upon
24each school district's Average Daily Attendance as that term is

 

 

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1defined in this Section.
2    (2) In addition to general State financial aid, school
3districts with specified levels or concentrations of pupils
4from low income households are eligible to receive supplemental
5general State financial aid grants as provided pursuant to
6subsection (H). The supplemental State aid grants provided for
7school districts under subsection (H) shall be appropriated for
8distribution to school districts as part of the same line item
9in which the general State financial aid of school districts is
10appropriated under this Section.
11    (3) To receive financial assistance under this Section,
12school districts are required to file claims with the State
13Board of Education, subject to the following requirements:
14        (a) Any school district which fails for any given
15    school year to maintain school as required by law, or to
16    maintain a recognized school is not eligible to file for
17    such school year any claim upon the Common School Fund. In
18    case of nonrecognition of one or more attendance centers in
19    a school district otherwise operating recognized schools,
20    the claim of the district shall be reduced in the
21    proportion which the Average Daily Attendance in the
22    attendance center or centers bear to the Average Daily
23    Attendance in the school district. A "recognized school"
24    means any public school which meets the standards as
25    established for recognition by the State Board of
26    Education. A school district or attendance center not

 

 

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1    having recognition status at the end of a school term is
2    entitled to receive State aid payments due upon a legal
3    claim which was filed while it was recognized.
4        (b) School district claims filed under this Section are
5    subject to Sections 18-9 and 18-12, except as otherwise
6    provided in this Section.
7        (c) If a school district operates a full year school
8    under Section 10-19.1, the general State aid to the school
9    district shall be determined by the State Board of
10    Education in accordance with this Section as near as may be
11    applicable.
12        (d) (Blank).
13    (4) Except as provided in subsections (H) and (L), the
14board of any district receiving any of the grants provided for
15in this Section may apply those funds to any fund so received
16for which that board is authorized to make expenditures by law.
17    School districts are not required to exert a minimum
18Operating Tax Rate in order to qualify for assistance under
19this Section.
20    (5) As used in this Section the following terms, when
21capitalized, shall have the meaning ascribed herein:
22        (a) "Average Daily Attendance": A count of pupil
23    attendance in school, averaged as provided for in
24    subsection (C) and utilized in deriving per pupil financial
25    support levels.
26        (b) "Available Local Resources": A computation of

 

 

10000SB1947ham004- 291 -LRB100 09675 MLM 28408 a

1    local financial support, calculated on the basis of Average
2    Daily Attendance and derived as provided pursuant to
3    subsection (D).
4        (c) "Corporate Personal Property Replacement Taxes":
5    Funds paid to local school districts pursuant to "An Act in
6    relation to the abolition of ad valorem personal property
7    tax and the replacement of revenues lost thereby, and
8    amending and repealing certain Acts and parts of Acts in
9    connection therewith", certified August 14, 1979, as
10    amended (Public Act 81-1st S.S.-1).
11        (d) "Foundation Level": A prescribed level of per pupil
12    financial support as provided for in subsection (B).
13        (e) "Operating Tax Rate": All school district property
14    taxes extended for all purposes, except Bond and Interest,
15    Summer School, Rent, Capital Improvement, and Vocational
16    Education Building purposes.
 
17(B) Foundation Level.
18    (1) The Foundation Level is a figure established by the
19State representing the minimum level of per pupil financial
20support that should be available to provide for the basic
21education of each pupil in Average Daily Attendance. As set
22forth in this Section, each school district is assumed to exert
23a sufficient local taxing effort such that, in combination with
24the aggregate of general State financial aid provided the
25district, an aggregate of State and local resources are

 

 

10000SB1947ham004- 292 -LRB100 09675 MLM 28408 a

1available to meet the basic education needs of pupils in the
2district.
3    (2) For the 1998-1999 school year, the Foundation Level of
4support is $4,225. For the 1999-2000 school year, the
5Foundation Level of support is $4,325. For the 2000-2001 school
6year, the Foundation Level of support is $4,425. For the
72001-2002 school year and 2002-2003 school year, the Foundation
8Level of support is $4,560. For the 2003-2004 school year, the
9Foundation Level of support is $4,810. For the 2004-2005 school
10year, the Foundation Level of support is $4,964. For the
112005-2006 school year, the Foundation Level of support is
12$5,164. For the 2006-2007 school year, the Foundation Level of
13support is $5,334. For the 2007-2008 school year, the
14Foundation Level of support is $5,734. For the 2008-2009 school
15year, the Foundation Level of support is $5,959.
16    (3) For the 2009-2010 school year and each school year
17thereafter, the Foundation Level of support is $6,119 or such
18greater amount as may be established by law by the General
19Assembly.
 
20(C) Average Daily Attendance.
21    (1) For purposes of calculating general State aid pursuant
22to subsection (E), an Average Daily Attendance figure shall be
23utilized. The Average Daily Attendance figure for formula
24calculation purposes shall be the monthly average of the actual
25number of pupils in attendance of each school district, as

 

 

10000SB1947ham004- 293 -LRB100 09675 MLM 28408 a

1further averaged for the best 3 months of pupil attendance for
2each school district. In compiling the figures for the number
3of pupils in attendance, school districts and the State Board
4of Education shall, for purposes of general State aid funding,
5conform attendance figures to the requirements of subsection
6(F).
7    (2) The Average Daily Attendance figures utilized in
8subsection (E) shall be the requisite attendance data for the
9school year immediately preceding the school year for which
10general State aid is being calculated or the average of the
11attendance data for the 3 preceding school years, whichever is
12greater. The Average Daily Attendance figures utilized in
13subsection (H) shall be the requisite attendance data for the
14school year immediately preceding the school year for which
15general State aid is being calculated.
 
16(D) Available Local Resources.
17    (1) For purposes of calculating general State aid pursuant
18to subsection (E), a representation of Available Local
19Resources per pupil, as that term is defined and determined in
20this subsection, shall be utilized. Available Local Resources
21per pupil shall include a calculated dollar amount representing
22local school district revenues from local property taxes and
23from Corporate Personal Property Replacement Taxes, expressed
24on the basis of pupils in Average Daily Attendance. Calculation
25of Available Local Resources shall exclude any tax amnesty

 

 

10000SB1947ham004- 294 -LRB100 09675 MLM 28408 a

1funds received as a result of Public Act 93-26.
2    (2) In determining a school district's revenue from local
3property taxes, the State Board of Education shall utilize the
4equalized assessed valuation of all taxable property of each
5school district as of September 30 of the previous year. The
6equalized assessed valuation utilized shall be obtained and
7determined as provided in subsection (G).
8    (3) For school districts maintaining grades kindergarten
9through 12, local property tax revenues per pupil shall be
10calculated as the product of the applicable equalized assessed
11valuation for the district multiplied by 3.00%, and divided by
12the district's Average Daily Attendance figure. For school
13districts maintaining grades kindergarten through 8, local
14property tax revenues per pupil shall be calculated as the
15product of the applicable equalized assessed valuation for the
16district multiplied by 2.30%, and divided by the district's
17Average Daily Attendance figure. For school districts
18maintaining grades 9 through 12, local property tax revenues
19per pupil shall be the applicable equalized assessed valuation
20of the district multiplied by 1.05%, and divided by the
21district's Average Daily Attendance figure.
22    For partial elementary unit districts created pursuant to
23Article 11E of this Code, local property tax revenues per pupil
24shall be calculated as the product of the equalized assessed
25valuation for property within the partial elementary unit
26district for elementary purposes, as defined in Article 11E of

 

 

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1this Code, multiplied by 2.06% and divided by the district's
2Average Daily Attendance figure, plus the product of the
3equalized assessed valuation for property within the partial
4elementary unit district for high school purposes, as defined
5in Article 11E of this Code, multiplied by 0.94% and divided by
6the district's Average Daily Attendance figure.
7    (4) The Corporate Personal Property Replacement Taxes paid
8to each school district during the calendar year one year
9before the calendar year in which a school year begins, divided
10by the Average Daily Attendance figure for that district, shall
11be added to the local property tax revenues per pupil as
12derived by the application of the immediately preceding
13paragraph (3). The sum of these per pupil figures for each
14school district shall constitute Available Local Resources as
15that term is utilized in subsection (E) in the calculation of
16general State aid.
 
17(E) Computation of General State Aid.
18    (1) For each school year, the amount of general State aid
19allotted to a school district shall be computed by the State
20Board of Education as provided in this subsection.
21    (2) For any school district for which Available Local
22Resources per pupil is less than the product of 0.93 times the
23Foundation Level, general State aid for that district shall be
24calculated as an amount equal to the Foundation Level minus
25Available Local Resources, multiplied by the Average Daily

 

 

10000SB1947ham004- 296 -LRB100 09675 MLM 28408 a

1Attendance of the school district.
2    (3) For any school district for which Available Local
3Resources per pupil is equal to or greater than the product of
40.93 times the Foundation Level and less than the product of
51.75 times the Foundation Level, the general State aid per
6pupil shall be a decimal proportion of the Foundation Level
7derived using a linear algorithm. Under this linear algorithm,
8the calculated general State aid per pupil shall decline in
9direct linear fashion from 0.07 times the Foundation Level for
10a school district with Available Local Resources equal to the
11product of 0.93 times the Foundation Level, to 0.05 times the
12Foundation Level for a school district with Available Local
13Resources equal to the product of 1.75 times the Foundation
14Level. The allocation of general State aid for school districts
15subject to this paragraph 3 shall be the calculated general
16State aid per pupil figure multiplied by the Average Daily
17Attendance of the school district.
18    (4) For any school district for which Available Local
19Resources per pupil equals or exceeds the product of 1.75 times
20the Foundation Level, the general State aid for the school
21district shall be calculated as the product of $218 multiplied
22by the Average Daily Attendance of the school district.
23    (5) The amount of general State aid allocated to a school
24district for the 1999-2000 school year meeting the requirements
25set forth in paragraph (4) of subsection (G) shall be increased
26by an amount equal to the general State aid that would have

 

 

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1been received by the district for the 1998-1999 school year by
2utilizing the Extension Limitation Equalized Assessed
3Valuation as calculated in paragraph (4) of subsection (G) less
4the general State aid allotted for the 1998-1999 school year.
5This amount shall be deemed a one time increase, and shall not
6affect any future general State aid allocations.
 
7(F) Compilation of Average Daily Attendance.
8    (1) Each school district shall, by July 1 of each year,
9submit to the State Board of Education, on forms prescribed by
10the State Board of Education, attendance figures for the school
11year that began in the preceding calendar year. The attendance
12information so transmitted shall identify the average daily
13attendance figures for each month of the school year. Beginning
14with the general State aid claim form for the 2002-2003 school
15year, districts shall calculate Average Daily Attendance as
16provided in subdivisions (a), (b), and (c) of this paragraph
17(1).
18        (a) In districts that do not hold year-round classes,
19    days of attendance in August shall be added to the month of
20    September and any days of attendance in June shall be added
21    to the month of May.
22        (b) In districts in which all buildings hold year-round
23    classes, days of attendance in July and August shall be
24    added to the month of September and any days of attendance
25    in June shall be added to the month of May.

 

 

10000SB1947ham004- 298 -LRB100 09675 MLM 28408 a

1        (c) In districts in which some buildings, but not all,
2    hold year-round classes, for the non-year-round buildings,
3    days of attendance in August shall be added to the month of
4    September and any days of attendance in June shall be added
5    to the month of May. The average daily attendance for the
6    year-round buildings shall be computed as provided in
7    subdivision (b) of this paragraph (1). To calculate the
8    Average Daily Attendance for the district, the average
9    daily attendance for the year-round buildings shall be
10    multiplied by the days in session for the non-year-round
11    buildings for each month and added to the monthly
12    attendance of the non-year-round buildings.
13    Except as otherwise provided in this Section, days of
14attendance by pupils shall be counted only for sessions of not
15less than 5 clock hours of school work per day under direct
16supervision of: (i) teachers, or (ii) non-teaching personnel or
17volunteer personnel when engaging in non-teaching duties and
18supervising in those instances specified in subsection (a) of
19Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
20of legal school age and in kindergarten and grades 1 through
2112. Days of attendance by pupils through verified participation
22in an e-learning program approved by the State Board of
23Education under Section 10-20.56 of the Code shall be
24considered as full days of attendance for purposes of this
25Section.
26    Days of attendance by tuition pupils shall be accredited

 

 

10000SB1947ham004- 299 -LRB100 09675 MLM 28408 a

1only to the districts that pay the tuition to a recognized
2school.
3    (2) Days of attendance by pupils of less than 5 clock hours
4of school shall be subject to the following provisions in the
5compilation of Average Daily Attendance.
6        (a) Pupils regularly enrolled in a public school for
7    only a part of the school day may be counted on the basis
8    of 1/6 day for every class hour of instruction of 40
9    minutes or more attended pursuant to such enrollment,
10    unless a pupil is enrolled in a block-schedule format of 80
11    minutes or more of instruction, in which case the pupil may
12    be counted on the basis of the proportion of minutes of
13    school work completed each day to the minimum number of
14    minutes that school work is required to be held that day.
15        (b) (Blank).
16        (c) A session of 4 or more clock hours may be counted
17    as a day of attendance upon certification by the regional
18    superintendent, and approved by the State Superintendent
19    of Education to the extent that the district has been
20    forced to use daily multiple sessions.
21        (d) A session of 3 or more clock hours may be counted
22    as a day of attendance (1) when the remainder of the school
23    day or at least 2 hours in the evening of that day is
24    utilized for an in-service training program for teachers,
25    up to a maximum of 5 days per school year, provided a
26    district conducts an in-service training program for

 

 

10000SB1947ham004- 300 -LRB100 09675 MLM 28408 a

1    teachers in accordance with Section 10-22.39 of this Code;
2    or, in lieu of 4 such days, 2 full days may be used, in
3    which event each such day may be counted as a day required
4    for a legal school calendar pursuant to Section 10-19 of
5    this Code; (1.5) when, of the 5 days allowed under item
6    (1), a maximum of 4 days are used for parent-teacher
7    conferences, or, in lieu of 4 such days, 2 full days are
8    used, in which case each such day may be counted as a
9    calendar day required under Section 10-19 of this Code,
10    provided that the full-day, parent-teacher conference
11    consists of (i) a minimum of 5 clock hours of
12    parent-teacher conferences, (ii) both a minimum of 2 clock
13    hours of parent-teacher conferences held in the evening
14    following a full day of student attendance, as specified in
15    subsection (F)(1)(c), and a minimum of 3 clock hours of
16    parent-teacher conferences held on the day immediately
17    following evening parent-teacher conferences, or (iii)
18    multiple parent-teacher conferences held in the evenings
19    following full days of student attendance, as specified in
20    subsection (F)(1)(c), in which the time used for the
21    parent-teacher conferences is equivalent to a minimum of 5
22    clock hours; and (2) when days in addition to those
23    provided in items (1) and (1.5) are scheduled by a school
24    pursuant to its school improvement plan adopted under
25    Article 34 or its revised or amended school improvement
26    plan adopted under Article 2, provided that (i) such

 

 

10000SB1947ham004- 301 -LRB100 09675 MLM 28408 a

1    sessions of 3 or more clock hours are scheduled to occur at
2    regular intervals, (ii) the remainder of the school days in
3    which such sessions occur are utilized for in-service
4    training programs or other staff development activities
5    for teachers, and (iii) a sufficient number of minutes of
6    school work under the direct supervision of teachers are
7    added to the school days between such regularly scheduled
8    sessions to accumulate not less than the number of minutes
9    by which such sessions of 3 or more clock hours fall short
10    of 5 clock hours. Any full days used for the purposes of
11    this paragraph shall not be considered for computing
12    average daily attendance. Days scheduled for in-service
13    training programs, staff development activities, or
14    parent-teacher conferences may be scheduled separately for
15    different grade levels and different attendance centers of
16    the district.
17        (e) A session of not less than one clock hour of
18    teaching hospitalized or homebound pupils on-site or by
19    telephone to the classroom may be counted as 1/2 day of
20    attendance, however these pupils must receive 4 or more
21    clock hours of instruction to be counted for a full day of
22    attendance.
23        (f) A session of at least 4 clock hours may be counted
24    as a day of attendance for first grade pupils, and pupils
25    in full day kindergartens, and a session of 2 or more hours
26    may be counted as 1/2 day of attendance by pupils in

 

 

10000SB1947ham004- 302 -LRB100 09675 MLM 28408 a

1    kindergartens which provide only 1/2 day of attendance.
2        (g) For children with disabilities who are below the
3    age of 6 years and who cannot attend 2 or more clock hours
4    because of their disability or immaturity, a session of not
5    less than one clock hour may be counted as 1/2 day of
6    attendance; however for such children whose educational
7    needs so require a session of 4 or more clock hours may be
8    counted as a full day of attendance.
9        (h) A recognized kindergarten which provides for only
10    1/2 day of attendance by each pupil shall not have more
11    than 1/2 day of attendance counted in any one day. However,
12    kindergartens may count 2 1/2 days of attendance in any 5
13    consecutive school days. When a pupil attends such a
14    kindergarten for 2 half days on any one school day, the
15    pupil shall have the following day as a day absent from
16    school, unless the school district obtains permission in
17    writing from the State Superintendent of Education.
18    Attendance at kindergartens which provide for a full day of
19    attendance by each pupil shall be counted the same as
20    attendance by first grade pupils. Only the first year of
21    attendance in one kindergarten shall be counted, except in
22    case of children who entered the kindergarten in their
23    fifth year whose educational development requires a second
24    year of kindergarten as determined under the rules and
25    regulations of the State Board of Education.
26        (i) On the days when the assessment that includes a

 

 

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1    college and career ready determination is administered
2    under subsection (c) of Section 2-3.64a-5 of this Code, the
3    day of attendance for a pupil whose school day must be
4    shortened to accommodate required testing procedures may
5    be less than 5 clock hours and shall be counted towards the
6    176 days of actual pupil attendance required under Section
7    10-19 of this Code, provided that a sufficient number of
8    minutes of school work in excess of 5 clock hours are first
9    completed on other school days to compensate for the loss
10    of school work on the examination days.
11        (j) Pupils enrolled in a remote educational program
12    established under Section 10-29 of this Code may be counted
13    on the basis of one-fifth day of attendance for every clock
14    hour of instruction attended in the remote educational
15    program, provided that, in any month, the school district
16    may not claim for a student enrolled in a remote
17    educational program more days of attendance than the
18    maximum number of days of attendance the district can claim
19    (i) for students enrolled in a building holding year-round
20    classes if the student is classified as participating in
21    the remote educational program on a year-round schedule or
22    (ii) for students enrolled in a building not holding
23    year-round classes if the student is not classified as
24    participating in the remote educational program on a
25    year-round schedule.
 

 

 

10000SB1947ham004- 304 -LRB100 09675 MLM 28408 a

1(G) Equalized Assessed Valuation Data.
2    (1) For purposes of the calculation of Available Local
3Resources required pursuant to subsection (D), the State Board
4of Education shall secure from the Department of Revenue the
5value as equalized or assessed by the Department of Revenue of
6all taxable property of every school district, together with
7(i) the applicable tax rate used in extending taxes for the
8funds of the district as of September 30 of the previous year
9and (ii) the limiting rate for all school districts subject to
10property tax extension limitations as imposed under the
11Property Tax Extension Limitation Law.
12    The Department of Revenue shall add to the equalized
13assessed value of all taxable property of each school district
14situated entirely or partially within a county that is or was
15subject to the provisions of Section 15-176 or 15-177 of the
16Property Tax Code (a) an amount equal to the total amount by
17which the homestead exemption allowed under Section 15-176 or
1815-177 of the Property Tax Code for real property situated in
19that school district exceeds the total amount that would have
20been allowed in that school district if the maximum reduction
21under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
22all other counties in tax year 2003 or (ii) $5,000 in all
23counties in tax year 2004 and thereafter and (b) an amount
24equal to the aggregate amount for the taxable year of all
25additional exemptions under Section 15-175 of the Property Tax
26Code for owners with a household income of $30,000 or less. The

 

 

10000SB1947ham004- 305 -LRB100 09675 MLM 28408 a

1county clerk of any county that is or was subject to the
2provisions of Section 15-176 or 15-177 of the Property Tax Code
3shall annually calculate and certify to the Department of
4Revenue for each school district all homestead exemption
5amounts under Section 15-176 or 15-177 of the Property Tax Code
6and all amounts of additional exemptions under Section 15-175
7of the Property Tax Code for owners with a household income of
8$30,000 or less. It is the intent of this paragraph that if the
9general homestead exemption for a parcel of property is
10determined under Section 15-176 or 15-177 of the Property Tax
11Code rather than Section 15-175, then the calculation of
12Available Local Resources shall not be affected by the
13difference, if any, between the amount of the general homestead
14exemption allowed for that parcel of property under Section
1515-176 or 15-177 of the Property Tax Code and the amount that
16would have been allowed had the general homestead exemption for
17that parcel of property been determined under Section 15-175 of
18the Property Tax Code. It is further the intent of this
19paragraph that if additional exemptions are allowed under
20Section 15-175 of the Property Tax Code for owners with a
21household income of less than $30,000, then the calculation of
22Available Local Resources shall not be affected by the
23difference, if any, because of those additional exemptions.
24    This equalized assessed valuation, as adjusted further by
25the requirements of this subsection, shall be utilized in the
26calculation of Available Local Resources.

 

 

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1    (2) The equalized assessed valuation in paragraph (1) shall
2be adjusted, as applicable, in the following manner:
3        (a) For the purposes of calculating State aid under
4    this Section, with respect to any part of a school district
5    within a redevelopment project area in respect to which a
6    municipality has adopted tax increment allocation
7    financing pursuant to the Tax Increment Allocation
8    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
9    of the Illinois Municipal Code or the Industrial Jobs
10    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
11    Illinois Municipal Code, no part of the current equalized
12    assessed valuation of real property located in any such
13    project area which is attributable to an increase above the
14    total initial equalized assessed valuation of such
15    property shall be used as part of the equalized assessed
16    valuation of the district, until such time as all
17    redevelopment project costs have been paid, as provided in
18    Section 11-74.4-8 of the Tax Increment Allocation
19    Redevelopment Act or in Section 11-74.6-35 of the
20    Industrial Jobs Recovery Law. For the purpose of the
21    equalized assessed valuation of the district, the total
22    initial equalized assessed valuation or the current
23    equalized assessed valuation, whichever is lower, shall be
24    used until such time as all redevelopment project costs
25    have been paid.
26        (b) The real property equalized assessed valuation for

 

 

10000SB1947ham004- 307 -LRB100 09675 MLM 28408 a

1    a school district shall be adjusted by subtracting from the
2    real property value as equalized or assessed by the
3    Department of Revenue for the district an amount computed
4    by dividing the amount of any abatement of taxes under
5    Section 18-170 of the Property Tax Code by 3.00% for a
6    district maintaining grades kindergarten through 12, by
7    2.30% for a district maintaining grades kindergarten
8    through 8, or by 1.05% for a district maintaining grades 9
9    through 12 and adjusted by an amount computed by dividing
10    the amount of any abatement of taxes under subsection (a)
11    of Section 18-165 of the Property Tax Code by the same
12    percentage rates for district type as specified in this
13    subparagraph (b).
14    (3) For the 1999-2000 school year and each school year
15thereafter, if a school district meets all of the criteria of
16this subsection (G)(3), the school district's Available Local
17Resources shall be calculated under subsection (D) using the
18district's Extension Limitation Equalized Assessed Valuation
19as calculated under this subsection (G)(3).
20    For purposes of this subsection (G)(3) the following terms
21shall have the following meanings:
22        "Budget Year": The school year for which general State
23    aid is calculated and awarded under subsection (E).
24        "Base Tax Year": The property tax levy year used to
25    calculate the Budget Year allocation of general State aid.
26        "Preceding Tax Year": The property tax levy year

 

 

10000SB1947ham004- 308 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 309 -LRB100 09675 MLM 28408 a

1has approved or does approve an increase in its limiting rate,
2for the 2000-2001 school year and each school year thereafter,
3the Extension Limitation Equalized Assessed Valuation of a
4school district as calculated by the State Board of Education
5shall be equal to the product of the Equalized Assessed
6Valuation last used in the calculation of general State aid and
7the district's Extension Limitation Ratio. If the Extension
8Limitation Equalized Assessed Valuation of a school district as
9calculated under this subsection (G)(3) is less than the
10district's equalized assessed valuation as calculated pursuant
11to subsections (G)(1) and (G)(2), then for purposes of
12calculating the district's general State aid for the Budget
13Year pursuant to subsection (E), that Extension Limitation
14Equalized Assessed Valuation shall be utilized to calculate the
15district's Available Local Resources under subsection (D). For
16the 2009-2010 school year and each school year thereafter, if a
17school district has approved or does approve an increase in its
18limiting rate, pursuant to Section 18-190 of the Property Tax
19Code, affecting the Base Tax Year, the Extension Limitation
20Equalized Assessed Valuation of the school district, as
21calculated by the State Board of Education, shall be equal to
22the product of the Equalized Assessed Valuation last used in
23the calculation of general State aid times an amount equal to
24one plus the percentage increase, if any, in the Consumer Price
25Index for all Urban Consumers for all items published by the
26United States Department of Labor for the 12-month calendar

 

 

10000SB1947ham004- 310 -LRB100 09675 MLM 28408 a

1year preceding the Base Tax Year, plus the Equalized Assessed
2Valuation of new property, annexed property, and recovered tax
3increment value and minus the Equalized Assessed Valuation of
4disconnected property. New property and recovered tax
5increment value shall have the meanings set forth in the
6Property Tax Extension Limitation Law.
7    Partial elementary unit districts created in accordance
8with Article 11E of this Code shall not be eligible for the
9adjustment in this subsection (G)(3) until the fifth year
10following the effective date of the reorganization.
11    (3.5) For the 2010-2011 school year and each school year
12thereafter, if a school district's boundaries span multiple
13counties, then the Department of Revenue shall send to the
14State Board of Education, for the purpose of calculating
15general State aid, the limiting rate and individual rates by
16purpose for the county that contains the majority of the school
17district's Equalized Assessed Valuation.
18    (4) For the purposes of calculating general State aid for
19the 1999-2000 school year only, if a school district
20experienced a triennial reassessment on the equalized assessed
21valuation used in calculating its general State financial aid
22apportionment for the 1998-1999 school year, the State Board of
23Education shall calculate the Extension Limitation Equalized
24Assessed Valuation that would have been used to calculate the
25district's 1998-1999 general State aid. This amount shall equal
26the product of the equalized assessed valuation used to

 

 

10000SB1947ham004- 311 -LRB100 09675 MLM 28408 a

1calculate general State aid for the 1997-1998 school year and
2the district's Extension Limitation Ratio. If the Extension
3Limitation Equalized Assessed Valuation of the school district
4as calculated under this paragraph (4) is less than the
5district's equalized assessed valuation utilized in
6calculating the district's 1998-1999 general State aid
7allocation, then for purposes of calculating the district's
8general State aid pursuant to paragraph (5) of subsection (E),
9that Extension Limitation Equalized Assessed Valuation shall
10be utilized to calculate the district's Available Local
11Resources.
12    (5) For school districts having a majority of their
13equalized assessed valuation in any county except Cook, DuPage,
14Kane, Lake, McHenry, or Will, if the amount of general State
15aid allocated to the school district for the 1999-2000 school
16year under the provisions of subsection (E), (H), and (J) of
17this Section is less than the amount of general State aid
18allocated to the district for the 1998-1999 school year under
19these subsections, then the general State aid of the district
20for the 1999-2000 school year only shall be increased by the
21difference between these amounts. The total payments made under
22this paragraph (5) shall not exceed $14,000,000. Claims shall
23be prorated if they exceed $14,000,000.
 
24(H) Supplemental General State Aid.
25    (1) In addition to the general State aid a school district

 

 

10000SB1947ham004- 312 -LRB100 09675 MLM 28408 a

1is allotted pursuant to subsection (E), qualifying school
2districts shall receive a grant, paid in conjunction with a
3district's payments of general State aid, for supplemental
4general State aid based upon the concentration level of
5children from low-income households within the school
6district. Supplemental State aid grants provided for school
7districts under this subsection shall be appropriated for
8distribution to school districts as part of the same line item
9in which the general State financial aid of school districts is
10appropriated under this Section.
11    (1.5) This paragraph (1.5) applies only to those school
12years preceding the 2003-2004 school year. For purposes of this
13subsection (H), the term "Low-Income Concentration Level"
14shall be the low-income eligible pupil count from the most
15recently available federal census divided by the Average Daily
16Attendance of the school district. If, however, (i) the
17percentage decrease from the 2 most recent federal censuses in
18the low-income eligible pupil count of a high school district
19with fewer than 400 students exceeds by 75% or more the
20percentage change in the total low-income eligible pupil count
21of contiguous elementary school districts, whose boundaries
22are coterminous with the high school district, or (ii) a high
23school district within 2 counties and serving 5 elementary
24school districts, whose boundaries are coterminous with the
25high school district, has a percentage decrease from the 2 most
26recent federal censuses in the low-income eligible pupil count

 

 

10000SB1947ham004- 313 -LRB100 09675 MLM 28408 a

1and there is a percentage increase in the total low-income
2eligible pupil count of a majority of the elementary school
3districts in excess of 50% from the 2 most recent federal
4censuses, then the high school district's low-income eligible
5pupil count from the earlier federal census shall be the number
6used as the low-income eligible pupil count for the high school
7district, for purposes of this subsection (H). The changes made
8to this paragraph (1) by Public Act 92-28 shall apply to
9supplemental general State aid grants for school years
10preceding the 2003-2004 school year that are paid in fiscal
11year 1999 or thereafter and to any State aid payments made in
12fiscal year 1994 through fiscal year 1998 pursuant to
13subsection 1(n) of Section 18-8 of this Code (which was
14repealed on July 1, 1998), and any high school district that is
15affected by Public Act 92-28 is entitled to a recomputation of
16its supplemental general State aid grant or State aid paid in
17any of those fiscal years. This recomputation shall not be
18affected by any other funding.
19    (1.10) This paragraph (1.10) applies to the 2003-2004
20school year and each school year thereafter through the
212016-2017 school year. For purposes of this subsection (H), the
22term "Low-Income Concentration Level" shall, for each fiscal
23year, be the low-income eligible pupil count as of July 1 of
24the immediately preceding fiscal year (as determined by the
25Department of Human Services based on the number of pupils who
26are eligible for at least one of the following low income

 

 

10000SB1947ham004- 314 -LRB100 09675 MLM 28408 a

1programs: Medicaid, the Children's Health Insurance Program,
2TANF, or Food Stamps, excluding pupils who are eligible for
3services provided by the Department of Children and Family
4Services, averaged over the 2 immediately preceding fiscal
5years for fiscal year 2004 and over the 3 immediately preceding
6fiscal years for each fiscal year thereafter) divided by the
7Average Daily Attendance of the school district.
8    (2) Supplemental general State aid pursuant to this
9subsection (H) shall be provided as follows for the 1998-1999,
101999-2000, and 2000-2001 school years only:
11        (a) For any school district with a Low Income
12    Concentration Level of at least 20% and less than 35%, the
13    grant for any school year shall be $800 multiplied by the
14    low income eligible pupil count.
15        (b) For any school district with a Low Income
16    Concentration Level of at least 35% and less than 50%, the
17    grant for the 1998-1999 school year shall be $1,100
18    multiplied by the low income eligible pupil count.
19        (c) For any school district with a Low Income
20    Concentration Level of at least 50% and less than 60%, the
21    grant for the 1998-99 school year shall be $1,500
22    multiplied by the low income eligible pupil count.
23        (d) For any school district with a Low Income
24    Concentration Level of 60% or more, the grant for the
25    1998-99 school year shall be $1,900 multiplied by the low
26    income eligible pupil count.

 

 

10000SB1947ham004- 315 -LRB100 09675 MLM 28408 a

1        (e) For the 1999-2000 school year, the per pupil amount
2    specified in subparagraphs (b), (c), and (d) immediately
3    above shall be increased to $1,243, $1,600, and $2,000,
4    respectively.
5        (f) For the 2000-2001 school year, the per pupil
6    amounts specified in subparagraphs (b), (c), and (d)
7    immediately above shall be $1,273, $1,640, and $2,050,
8    respectively.
9    (2.5) Supplemental general State aid pursuant to this
10subsection (H) shall be provided as follows for the 2002-2003
11school year:
12        (a) For any school district with a Low Income
13    Concentration Level of less than 10%, the grant for each
14    school year shall be $355 multiplied by the low income
15    eligible pupil count.
16        (b) For any school district with a Low Income
17    Concentration Level of at least 10% and less than 20%, the
18    grant for each school year shall be $675 multiplied by the
19    low income eligible pupil count.
20        (c) For any school district with a Low Income
21    Concentration Level of at least 20% and less than 35%, the
22    grant for each school year shall be $1,330 multiplied by
23    the low income eligible pupil count.
24        (d) For any school district with a Low Income
25    Concentration Level of at least 35% and less than 50%, the
26    grant for each school year shall be $1,362 multiplied by

 

 

10000SB1947ham004- 316 -LRB100 09675 MLM 28408 a

1    the low income eligible pupil count.
2        (e) For any school district with a Low Income
3    Concentration Level of at least 50% and less than 60%, the
4    grant for each school year shall be $1,680 multiplied by
5    the low income eligible pupil count.
6        (f) For any school district with a Low Income
7    Concentration Level of 60% or more, the grant for each
8    school year shall be $2,080 multiplied by the low income
9    eligible pupil count.
10    (2.10) Except as otherwise provided, supplemental general
11State aid pursuant to this subsection (H) shall be provided as
12follows for the 2003-2004 school year and each school year
13thereafter:
14        (a) For any school district with a Low Income
15    Concentration Level of 15% or less, the grant for each
16    school year shall be $355 multiplied by the low income
17    eligible pupil count.
18        (b) For any school district with a Low Income
19    Concentration Level greater than 15%, the grant for each
20    school year shall be $294.25 added to the product of $2,700
21    and the square of the Low Income Concentration Level, all
22    multiplied by the low income eligible pupil count.
23    For the 2003-2004 school year and each school year
24thereafter through the 2008-2009 school year only, the grant
25shall be no less than the grant for the 2002-2003 school year.
26For the 2009-2010 school year only, the grant shall be no less

 

 

10000SB1947ham004- 317 -LRB100 09675 MLM 28408 a

1than the grant for the 2002-2003 school year multiplied by
20.66. For the 2010-2011 school year only, the grant shall be no
3less than the grant for the 2002-2003 school year multiplied by
40.33. Notwithstanding the provisions of this paragraph to the
5contrary, if for any school year supplemental general State aid
6grants are prorated as provided in paragraph (1) of this
7subsection (H), then the grants under this paragraph shall be
8prorated.
9    For the 2003-2004 school year only, the grant shall be no
10greater than the grant received during the 2002-2003 school
11year added to the product of 0.25 multiplied by the difference
12between the grant amount calculated under subsection (a) or (b)
13of this paragraph (2.10), whichever is applicable, and the
14grant received during the 2002-2003 school year. For the
152004-2005 school year only, the grant shall be no greater than
16the grant received during the 2002-2003 school year added to
17the product of 0.50 multiplied by the difference between the
18grant amount calculated under subsection (a) or (b) of this
19paragraph (2.10), whichever is applicable, and the grant
20received during the 2002-2003 school year. For the 2005-2006
21school year only, the grant shall be no greater than the grant
22received during the 2002-2003 school year added to the product
23of 0.75 multiplied by the difference between the grant amount
24calculated under subsection (a) or (b) of this paragraph
25(2.10), whichever is applicable, and the grant received during
26the 2002-2003 school year.

 

 

10000SB1947ham004- 318 -LRB100 09675 MLM 28408 a

1    (3) School districts with an Average Daily Attendance of
2more than 1,000 and less than 50,000 that qualify for
3supplemental general State aid pursuant to this subsection
4shall submit a plan to the State Board of Education prior to
5October 30 of each year for the use of the funds resulting from
6this grant of supplemental general State aid for the
7improvement of instruction in which priority is given to
8meeting the education needs of disadvantaged children. Such
9plan shall be submitted in accordance with rules and
10regulations promulgated by the State Board of Education.
11    (4) School districts with an Average Daily Attendance of
1250,000 or more that qualify for supplemental general State aid
13pursuant to this subsection shall be required to distribute
14from funds available pursuant to this Section, no less than
15$261,000,000 in accordance with the following requirements:
16        (a) The required amounts shall be distributed to the
17    attendance centers within the district in proportion to the
18    number of pupils enrolled at each attendance center who are
19    eligible to receive free or reduced-price lunches or
20    breakfasts under the federal Child Nutrition Act of 1966
21    and under the National School Lunch Act during the
22    immediately preceding school year.
23        (b) The distribution of these portions of supplemental
24    and general State aid among attendance centers according to
25    these requirements shall not be compensated for or
26    contravened by adjustments of the total of other funds

 

 

10000SB1947ham004- 319 -LRB100 09675 MLM 28408 a

1    appropriated to any attendance centers, and the Board of
2    Education shall utilize funding from one or several sources
3    in order to fully implement this provision annually prior
4    to the opening of school.
5        (c) Each attendance center shall be provided by the
6    school district a distribution of noncategorical funds and
7    other categorical funds to which an attendance center is
8    entitled under law in order that the general State aid and
9    supplemental general State aid provided by application of
10    this subsection supplements rather than supplants the
11    noncategorical funds and other categorical funds provided
12    by the school district to the attendance centers.
13        (d) Any funds made available under this subsection that
14    by reason of the provisions of this subsection are not
15    required to be allocated and provided to attendance centers
16    may be used and appropriated by the board of the district
17    for any lawful school purpose.
18        (e) Funds received by an attendance center pursuant to
19    this subsection shall be used by the attendance center at
20    the discretion of the principal and local school council
21    for programs to improve educational opportunities at
22    qualifying schools through the following programs and
23    services: early childhood education, reduced class size or
24    improved adult to student classroom ratio, enrichment
25    programs, remedial assistance, attendance improvement, and
26    other educationally beneficial expenditures which

 

 

10000SB1947ham004- 320 -LRB100 09675 MLM 28408 a

1    supplement the regular and basic programs as determined by
2    the State Board of Education. Funds provided shall not be
3    expended for any political or lobbying purposes as defined
4    by board rule.
5        (f) Each district subject to the provisions of this
6    subdivision (H)(4) shall submit an acceptable plan to meet
7    the educational needs of disadvantaged children, in
8    compliance with the requirements of this paragraph, to the
9    State Board of Education prior to July 15 of each year.
10    This plan shall be consistent with the decisions of local
11    school councils concerning the school expenditure plans
12    developed in accordance with part 4 of Section 34-2.3. The
13    State Board shall approve or reject the plan within 60 days
14    after its submission. If the plan is rejected, the district
15    shall give written notice of intent to modify the plan
16    within 15 days of the notification of rejection and then
17    submit a modified plan within 30 days after the date of the
18    written notice of intent to modify. Districts may amend
19    approved plans pursuant to rules promulgated by the State
20    Board of Education.
21        Upon notification by the State Board of Education that
22    the district has not submitted a plan prior to July 15 or a
23    modified plan within the time period specified herein, the
24    State aid funds affected by that plan or modified plan
25    shall be withheld by the State Board of Education until a
26    plan or modified plan is submitted.

 

 

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1        If the district fails to distribute State aid to
2    attendance centers in accordance with an approved plan, the
3    plan for the following year shall allocate funds, in
4    addition to the funds otherwise required by this
5    subsection, to those attendance centers which were
6    underfunded during the previous year in amounts equal to
7    such underfunding.
8        For purposes of determining compliance with this
9    subsection in relation to the requirements of attendance
10    center funding, each district subject to the provisions of
11    this subsection shall submit as a separate document by
12    December 1 of each year a report of expenditure data for
13    the prior year in addition to any modification of its
14    current plan. If it is determined that there has been a
15    failure to comply with the expenditure provisions of this
16    subsection regarding contravention or supplanting, the
17    State Superintendent of Education shall, within 60 days of
18    receipt of the report, notify the district and any affected
19    local school council. The district shall within 45 days of
20    receipt of that notification inform the State
21    Superintendent of Education of the remedial or corrective
22    action to be taken, whether by amendment of the current
23    plan, if feasible, or by adjustment in the plan for the
24    following year. Failure to provide the expenditure report
25    or the notification of remedial or corrective action in a
26    timely manner shall result in a withholding of the affected

 

 

10000SB1947ham004- 322 -LRB100 09675 MLM 28408 a

1    funds.
2        The State Board of Education shall promulgate rules and
3    regulations to implement the provisions of this
4    subsection. No funds shall be released under this
5    subdivision (H)(4) to any district that has not submitted a
6    plan that has been approved by the State Board of
7    Education.
 
8(I) (Blank).
 
9(J) (Blank).
 
10(K) Grants to Laboratory and Alternative Schools.
11    In calculating the amount to be paid to the governing board
12of a public university that operates a laboratory school under
13this Section or to any alternative school that is operated by a
14regional superintendent of schools, the State Board of
15Education shall require by rule such reporting requirements as
16it deems necessary.
17    As used in this Section, "laboratory school" means a public
18school which is created and operated by a public university and
19approved by the State Board of Education. The governing board
20of a public university which receives funds from the State
21Board under this subsection (K) or subsection (g) of Section
2218-8.15 of this Code may not increase the number of students
23enrolled in its laboratory school from a single district, if

 

 

10000SB1947ham004- 323 -LRB100 09675 MLM 28408 a

1that district is already sending 50 or more students, except
2under a mutual agreement between the school board of a
3student's district of residence and the university which
4operates the laboratory school. A laboratory school may not
5have more than 1,000 students, excluding students with
6disabilities in a special education program.
7    As used in this Section, "alternative school" means a
8public school which is created and operated by a Regional
9Superintendent of Schools and approved by the State Board of
10Education. Such alternative schools may offer courses of
11instruction for which credit is given in regular school
12programs, courses to prepare students for the high school
13equivalency testing program or vocational and occupational
14training. A regional superintendent of schools may contract
15with a school district or a public community college district
16to operate an alternative school. An alternative school serving
17more than one educational service region may be established by
18the regional superintendents of schools of the affected
19educational service regions. An alternative school serving
20more than one educational service region may be operated under
21such terms as the regional superintendents of schools of those
22educational service regions may agree.
23    Each laboratory and alternative school shall file, on forms
24provided by the State Superintendent of Education, an annual
25State aid claim which states the Average Daily Attendance of
26the school's students by month. The best 3 months' Average

 

 

10000SB1947ham004- 324 -LRB100 09675 MLM 28408 a

1Daily Attendance shall be computed for each school. The general
2State aid entitlement shall be computed by multiplying the
3applicable Average Daily Attendance by the Foundation Level as
4determined under this Section.
 
5(L) Payments, Additional Grants in Aid and Other Requirements.
6    (1) For a school district operating under the financial
7supervision of an Authority created under Article 34A, the
8general State aid otherwise payable to that district under this
9Section, but not the supplemental general State aid, shall be
10reduced by an amount equal to the budget for the operations of
11the Authority as certified by the Authority to the State Board
12of Education, and an amount equal to such reduction shall be
13paid to the Authority created for such district for its
14operating expenses in the manner provided in Section 18-11. The
15remainder of general State school aid for any such district
16shall be paid in accordance with Article 34A when that Article
17provides for a disposition other than that provided by this
18Article.
19    (2) (Blank).
20    (3) Summer school. Summer school payments shall be made as
21provided in Section 18-4.3.
 
22(M) (Blank). Education Funding Advisory Board.
23    The Education Funding Advisory Board, hereinafter in this
24subsection (M) referred to as the "Board", is hereby created.

 

 

10000SB1947ham004- 325 -LRB100 09675 MLM 28408 a

1The Board shall consist of 5 members who are appointed by the
2Governor, by and with the advice and consent of the Senate. The
3members appointed shall include representatives of education,
4business, and the general public. One of the members so
5appointed shall be designated by the Governor at the time the
6appointment is made as the chairperson of the Board. The
7initial members of the Board may be appointed any time after
8the effective date of this amendatory Act of 1997. The regular
9term of each member of the Board shall be for 4 years from the
10third Monday of January of the year in which the term of the
11member's appointment is to commence, except that of the 5
12initial members appointed to serve on the Board, the member who
13is appointed as the chairperson shall serve for a term that
14commences on the date of his or her appointment and expires on
15the third Monday of January, 2002, and the remaining 4 members,
16by lots drawn at the first meeting of the Board that is held
17after all 5 members are appointed, shall determine 2 of their
18number to serve for terms that commence on the date of their
19respective appointments and expire on the third Monday of
20January, 2001, and 2 of their number to serve for terms that
21commence on the date of their respective appointments and
22expire on the third Monday of January, 2000. All members
23appointed to serve on the Board shall serve until their
24respective successors are appointed and confirmed. Vacancies
25shall be filled in the same manner as original appointments. If
26a vacancy in membership occurs at a time when the Senate is not

 

 

10000SB1947ham004- 326 -LRB100 09675 MLM 28408 a

1in session, the Governor shall make a temporary appointment
2until the next meeting of the Senate, when he or she shall
3appoint, by and with the advice and consent of the Senate, a
4person to fill that membership for the unexpired term. If the
5Senate is not in session when the initial appointments are
6made, those appointments shall be made as in the case of
7vacancies.
8    The Education Funding Advisory Board shall be deemed
9established, and the initial members appointed by the Governor
10to serve as members of the Board shall take office, on the date
11that the Governor makes his or her appointment of the fifth
12initial member of the Board, whether those initial members are
13then serving pursuant to appointment and confirmation or
14pursuant to temporary appointments that are made by the
15Governor as in the case of vacancies.
16    The State Board of Education shall provide such staff
17assistance to the Education Funding Advisory Board as is
18reasonably required for the proper performance by the Board of
19its responsibilities.
20    For school years after the 2000-2001 school year, the
21Education Funding Advisory Board, in consultation with the
22State Board of Education, shall make recommendations as
23provided in this subsection (M) to the General Assembly for the
24foundation level under subdivision (B)(3) of this Section and
25for the supplemental general State aid grant level under
26subsection (H) of this Section for districts with high

 

 

10000SB1947ham004- 327 -LRB100 09675 MLM 28408 a

1concentrations of children from poverty. The recommended
2foundation level shall be determined based on a methodology
3which incorporates the basic education expenditures of
4low-spending schools exhibiting high academic performance. The
5Education Funding Advisory Board shall make such
6recommendations to the General Assembly on January 1 of odd
7numbered years, beginning January 1, 2001.
 
8(N) (Blank).
 
9(O) References.
10    (1) References in other laws to the various subdivisions of
11Section 18-8 as that Section existed before its repeal and
12replacement by this Section 18-8.05 shall be deemed to refer to
13the corresponding provisions of this Section 18-8.05, to the
14extent that those references remain applicable.
15    (2) References in other laws to State Chapter 1 funds shall
16be deemed to refer to the supplemental general State aid
17provided under subsection (H) of this Section.
 
18(P) Public Act 93-838 and Public Act 93-808 make inconsistent
19changes to this Section. Under Section 6 of the Statute on
20Statutes there is an irreconcilable conflict between Public Act
2193-808 and Public Act 93-838. Public Act 93-838, being the last
22acted upon, is controlling. The text of Public Act 93-838 is
23the law regardless of the text of Public Act 93-808.
 

 

 

10000SB1947ham004- 328 -LRB100 09675 MLM 28408 a

1(Q) State Fiscal Year 2015 Payments.
2    For payments made for State fiscal year 2015, the State
3Board of Education shall, for each school district, calculate
4that district's pro-rata share of a minimum sum of $13,600,000
5or additional amounts as needed from the total net General
6State Aid funding as calculated under this Section that shall
7be deemed attributable to the provision of special educational
8facilities and services, as defined in Section 14-1.08 of this
9Code, in a manner that ensures compliance with maintenance of
10State financial support requirements under the federal
11Individuals with Disabilities Education Act. Each school
12district must use such funds only for the provision of special
13educational facilities and services, as defined in Section
1414-1.08 of this Code, and must comply with any expenditure
15verification procedures adopted by the State Board of
16Education.
 
17(R) State Fiscal Year 2016 Payments.
18    For payments made for State fiscal year 2016, the State
19Board of Education shall, for each school district, calculate
20that district's pro rata share of a minimum sum of $1 or
21additional amounts as needed from the total net General State
22Aid funding as calculated under this Section that shall be
23deemed attributable to the provision of special educational
24facilities and services, as defined in Section 14-1.08 of this

 

 

10000SB1947ham004- 329 -LRB100 09675 MLM 28408 a

1Code, in a manner that ensures compliance with maintenance of
2State financial support requirements under the federal
3Individuals with Disabilities Education Act. Each school
4district must use such funds only for the provision of special
5educational facilities and services, as defined in Section
614-1.08 of this Code, and must comply with any expenditure
7verification procedures adopted by the State Board of
8Education.
9(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
10eff. 7-30-15; 99-523, eff. 6-30-16.)
 
11    (105 ILCS 5/18-8.10)
12    Sec. 18-8.10. Fast growth grants.
13    (a) If there has been an increase in a school district's
14student population over the most recent 2 school years of (i)
15over 1.5% in a district with over 10,000 pupils in average
16daily attendance (as defined in Section 18-8.05 or 18-8.15 of
17this Code) or (ii) over 7.5% in any other district, then the
18district is eligible for a grant under this Section, subject to
19appropriation.
20    (b) The State Board of Education shall determine a per
21pupil grant amount for each school district. The total grant
22amount for a district for any given school year shall equal the
23per pupil grant amount multiplied by the difference between the
24number of pupils in average daily attendance for the 2 most
25recent school years.

 

 

10000SB1947ham004- 330 -LRB100 09675 MLM 28408 a

1    (c) Funds for grants under this Section must be
2appropriated to the State Board of Education in a separate line
3item for this purpose. If the amount appropriated in any fiscal
4year is insufficient to pay all grants for a school year, then
5the amount appropriated shall be prorated among eligible
6districts. As soon as possible after funds have been
7appropriated to the State Board of Education, the State Board
8of Education shall distribute the grants to eligible districts.
9    (d) If a school district intentionally reports incorrect
10average daily attendance numbers to receive a grant under this
11Section, then the district shall be denied State aid in the
12same manner as State aid is denied for intentional incorrect
13reporting of average daily attendance numbers under Section
1418-8.05 or 18-8.15 of this Code.
15(Source: P.A. 93-1042, eff. 10-8-04.)
 
16    (105 ILCS 5/18-8.15 new)
17    Sec. 18-8.15. Evidence-based funding for student success
18for the 2017-2018 and subsequent school years.
19    (a) General provisions.
20    (1) The purpose of this Section is to ensure that, by June
2130, 2027 and beyond, this State has a kindergarten through
22grade 12 public education system with the capacity to ensure
23the educational development of all persons to the limits of
24their capacities in accordance with Section 1 of Article X of
25the Constitution of the State of Illinois. To accomplish that

 

 

10000SB1947ham004- 331 -LRB100 09675 MLM 28408 a

1objective, this Section creates a method of funding public
2education that is evidence-based; is sufficient to ensure every
3student receives a meaningful opportunity to learn
4irrespective of race, ethnicity, sexual orientation, gender,
5or community-income level; and is sustainable and predictable.
6When fully funded under this Section, every school shall have
7the resources, based on what the evidence indicates is needed,
8to:
9        (A) provide all students with a high quality education
10    that offers the academic, enrichment, social and emotional
11    support, technical, and career-focused programs that will
12    allow them to become competitive workers, responsible
13    parents, productive citizens of this State, and active
14    members of our national democracy;
15        (B) ensure all students receive the education they need
16    to graduate from high school with the skills required to
17    pursue post-secondary education and training for a
18    rewarding career;
19        (C) reduce, with a goal of eliminating, the achievement
20    gap between at-risk and non-at-risk students by raising the
21    performance of at-risk students and not by reducing
22    standards; and
23        (D) ensure this State satisfies its obligation to
24    assume the primary responsibility to fund public education
25    and simultaneously relieve the disproportionate burden
26    placed on local property taxes to fund schools.

 

 

10000SB1947ham004- 332 -LRB100 09675 MLM 28408 a

1    (2) The evidence-based funding formula under this Section
2shall be applied to all Organizational Units in this State. As
3further defined and described in this Section, there are 4
4major components of the evidence-based funding model:
5        (A) First, the model calculates a unique adequacy
6    target for each Organizational Unit in this State that
7    considers the costs to implement research-based
8    activities, the unit's student demographics, and regional
9    wage difference.
10        (B) Second, the model calculates each Organizational
11    Unit's local capacity, or the amount each Organizational
12    Unit is assumed to contribute towards its adequacy target
13    from local resources.
14        (C) Third, the model calculates how much funding the
15    State currently contributes to the Organizational Unit,
16    and adds that to the unit's local capacity to determine the
17    unit's overall current adequacy of funding.
18        (D) Finally, the model's distribution method allocates
19    new State funding to those Organizational Units that are
20    least well-funded, considering both local capacity and
21    State funding, in relation to their adequacy target.
22    (3) An Organizational Unit receiving any funding under this
23Section may apply those funds to any fund so received for which
24that Organizational Unit is authorized to make expenditures by
25law.
26    (4) As used in this Section, the following terms shall have

 

 

10000SB1947ham004- 333 -LRB100 09675 MLM 28408 a

1the meanings ascribed in this paragraph (4):
2    "Adequacy Target" is defined in paragraph (1) of subsection
3(b) of this Section.
4    "Adjusted EAV" is defined in paragraph (4) of subsection
5(d) of this Section.
6    "Adjusted Local Capacity Target" is defined in paragraph
7(3) of subsection (c) of this Section.
8    "Adjusted Operating Tax Rate" means a tax rate for all
9Organizational Units, for which the State Superintendent shall
10calculate and subtract for the Operating Tax Rate a
11transportation rate based on total expenses for transportation
12services under this Code, as reported on the most recent Annual
13Financial Report in Pupil Transportation Services, function
142550 in both the Education and Transportation funds and
15functions 4110 and 4120 in the Transportation fund, less any
16corresponding fiscal year State of Illinois scheduled payments
17excluding net adjustments for prior years for regular,
18vocational, or special education transportation reimbursement
19pursuant to Section 29-5 or subsection (b) of Section 14-13.01
20of this Code divided by the Adjusted EAV. If an Organizational
21Unit's corresponding fiscal year State of Illinois scheduled
22payments excluding net adjustments for prior years for regular,
23vocational, or special education transportation reimbursement
24pursuant to Section 29-5 or subsection (b) of Section 14-13.01
25of this Code exceed the total transportation expenses, as
26defined in this paragraph, no transportation rate shall be

 

 

10000SB1947ham004- 334 -LRB100 09675 MLM 28408 a

1subtracted from the Operating Tax Rate.
2    "Allocation Rate" is defined in paragraph (3) of subsection
3(g) of this Section.
4    "Alternative School" means a public school that is created
5and operated by a regional superintendent of schools and
6approved by the State Board.
7    "Applicable Tax Rate" is defined in paragraph (1) of
8subsection (d) of this Section.
9    "Assessment" means any of those benchmark, progress
10monitoring, formative, diagnostic, and other assessments, in
11addition to the State accountability assessment, that assist
12teachers' needs in understanding the skills and meeting the
13needs of the students they serve.
14    "Assistant principal" means a school administrator duly
15endorsed to be employed as an assistant principal in this
16State.
17    "At-risk student" means a student who is at risk of not
18meeting the Illinois Learning Standards or not graduating from
19elementary or high school and who demonstrates a need for
20vocational support or social services beyond that provided by
21the regular school program. All students included in an
22Organizational Unit's Low-Income Count, as well as all EL and
23disabled students attending the Organizational Unit, shall be
24considered at-risk students under this Section.
25    "Average Student Enrollment" or "ASE" means, for an
26Organizational Unit in a given school year, the greater of the

 

 

10000SB1947ham004- 335 -LRB100 09675 MLM 28408 a

1average number of students (grades K through 12) reported to
2the State Board as enrolled in the Organizational Unit on
3October 1 and March 1, plus the special education
4pre-kindergarten students with services of at least more than 2
5hours a day as reported to the State Board on December 1, in
6the immediately preceding school year or the average number of
7students (grades K through 12) reported to the State Board as
8enrolled in the Organizational Unit on October 1 and March 1,
9plus the special education pre-kindergarten students with
10services of at least more than 2 hours a day as reported to the
11State Board on December 1, for each of the immediately
12preceding 3 school years. For the purposes of this definition,
13"enrolled in the Organizational Unit" means the number of
14students reported to the State Board who are enrolled in
15schools within the Organizational Unit that the student attends
16or would attend if not placed or transferred to another school
17or program to receive needed services. For the purposes of
18calculating "ASE", all students, grades K through 12, excluding
19those attending kindergarten for a half day, shall be counted
20as 1.0. All students attending kindergarten for a half day
21shall be counted as 0.5, unless in 2017 by June 15 or by March 1
22in subsequent years, the school district reports to the State
23Board of Education the intent to implement full-day
24kindergarten district-wide for all students, then all students
25attending kindergarten shall be counted as 1.0. Special
26education pre-kindergarten students shall be counted as 0.5

 

 

10000SB1947ham004- 336 -LRB100 09675 MLM 28408 a

1each. If the State Board does not collect or has not collected
2both an October 1 and March 1 enrollment count by grade or a
3December 1 collection of special education pre-kindergarten
4students as of the effective date of this amendatory Act of the
5100th General Assembly, it shall establish such collection for
6all future years. For any year where a count by grade level was
7collected only once, that count shall be used as the single
8count available for computing a 3-year average ASE. School
9districts shall submit the data for the ASE calculation to the
10State Board within 45 days of the dates required in this
11Section for submission of enrollment data in order for it to be
12included in the ASE calculation.
13    "Base Funding Guarantee" is defined in paragraph (7) of
14subsection (g) of this Section.
15    "Base Funding Minimum" is defined in subsection (e) of this
16Section.
17    "Bilingual Education Allocation" means the amount of an
18Organizational Unit's final Adequacy Target attributable to
19bilingual education divided by the Organizational Unit's final
20Adequacy Target, the product of which shall be multiplied by
21the amount of new funding received pursuant to this Section. An
22Organizational Unit's final Adequacy Target attributable to
23bilingual education shall include all additional investments
24in EL student's adequacy elements.
25    "Budget Year" means the school year for which primary State
26aid is calculated and awarded under this Section.

 

 

10000SB1947ham004- 337 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 338 -LRB100 09675 MLM 28408 a

1elementary schools and teachers of a core subject in middle and
2high schools.
3    "Core Intervention teacher (tutor)" means a licensed
4teacher providing one-on-one or small group tutoring to
5students struggling to meet proficiency in core subjects.
6    "CPPRT" means corporate personal property replacement tax
7funds paid to an Organizational Unit during the calendar year
8one year before the calendar year in which a school year
9begins, pursuant to "An Act in relation to the abolition of ad
10valorem personal property tax and the replacement of revenues
11lost thereby, and amending and repealing certain Acts and parts
12of Acts in connection therewith", certified August 14, 1979, as
13amended (Public Act 81-1st S.S.-1).
14    "EAV" means equalized assessed valuation as defined in
15paragraph (2) of subsection (d) of this Section and calculated
16in accordance with paragraph (3) of subsection (d) of this
17Section.
18    "EIS Data" means the employment information system data
19maintained by the State Board on educators within
20Organizational Units.
21    "Employee benefits" means health, dental, and vision
22insurance offered to employees of an Organizational Unit,
23Social Security employer contributions, and Illinois Municipal
24Retirement Fund employer contributions.
25    "English learner" or "EL" means a child included in the
26definition of "English learners" under Section 14C-2 of this

 

 

10000SB1947ham004- 339 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 340 -LRB100 09675 MLM 28408 a

1equivalency compensation for staffing the relevant position at
2an Organizational Unit.
3    "Funding Gap" is defined in paragraph (1) of subsection
4(g).
5    "Guidance counselor" means a licensed guidance counselor
6who provides guidance and counseling support for students
7within an Organizational Unit.
8    "Hybrid District" means a partial elementary unit district
9created pursuant to Article 11E of this Code.
10    "Instructional assistant" means a core or special
11education, non-licensed employee who assists a teacher in the
12classroom and provides academic support to students.
13    "Instructional facilitator" means a qualified teacher or
14licensed teacher leader who facilitates and coaches continuous
15improvement in classroom instruction; provides instructional
16support to teachers in the elements of research-based
17instruction or demonstrates the alignment of instruction with
18curriculum standards and assessment tools; develops or
19coordinates instructional programs or strategies; develops and
20implements training; chooses standards-based instructional
21materials; provides teachers with an understanding of current
22research; serves as a mentor, site coach, curriculum
23specialist, or lead teacher; or otherwise works with fellow
24teachers, in collaboration, to use data to improve
25instructional practice or develop model lessons.
26    "Instructional materials" means relevant instructional

 

 

10000SB1947ham004- 341 -LRB100 09675 MLM 28408 a

1materials for student instruction, including, but not limited
2to, textbooks, consumable workbooks, laboratory equipment,
3library books, and other similar materials.
4    "Laboratory School" means a public school that is created
5and operated by a public university and approved by the State
6Board.
7    "Librarian" means a teacher with an endorsement as a
8library information specialist or another individual whose
9primary responsibility is overseeing library resources within
10an Organizational Unit.
11    "Local Capacity" is defined in paragraph (1) of subsection
12(c) of this Section.
13    "Local Capacity Percentage" is defined in subparagraph (A)
14of paragraph (2) of subsection (c) of this Section.
15    "Local Capacity Ratio" is defined in subparagraph (B) of
16paragraph (2) of subsection (c) of this Section.
17    "Local Capacity Target" is defined in paragraph (2) of
18subsection (c) of this Section.
19    "Low-Income Count" means, for an Organizational Unit in a
20fiscal year, the higher of the average number of students for
21the prior school year or the immediately preceding 3 school
22years who, as of July 1 of the immediately preceding fiscal
23year (as determined by the Department of Human Services), are
24eligible for at least one of the following low income programs:
25Medicaid, the Children's Health Insurance Program, TANF, or
26Food Stamps, excluding pupils who are eligible for services

 

 

10000SB1947ham004- 342 -LRB100 09675 MLM 28408 a

1provided by the Department of Children and Family Services.
2Until such time that grade level low-income populations become
3available, grade level low-income populations shall be
4determined by applying the low-income percentage to total
5student enrollments by grade level. The low-income percentage
6is determined by dividing the Low-Income Count by the Average
7Student Enrollment.
8    "Maintenance and operations" means custodial services,
9facility and ground maintenance, facility operations, facility
10security, routine facility repairs, and other similar services
11and functions.
12    "New State Funds" means, for a given school year, all State
13funds appropriated for Evidence-Based Funding in excess of the
14amount needed to fund the Base Funding Minimum for all
15Organizational Units in that school year.
16    "Net State Contribution Target" means, for a given school
17year, the amount of State funds that would be necessary to
18fully meet the Adequacy Target of an Operational Unit minus the
19Preliminary Resources available to each unit.
20    "Nurse" means an individual licensed as a certified school
21nurse, in accordance with the rules established for nursing
22services by the State Board, who is an employee of and is
23available to provide health care-related services for students
24of an Organizational Unit.
25    "Operating Tax Rate" means the rate utilized in the
26previous year to extend property taxes for all purposes,

 

 

10000SB1947ham004- 343 -LRB100 09675 MLM 28408 a

1except, Bond and Interest, Summer School, Rent, Capital
2Improvement, and Vocational Education Building purposes. For
3Hybrid Districts, the Operating Tax Rate shall be the combined
4elementary and high school rates utilized in the previous year
5to extend property taxes for all purposes, except, Bond and
6Interest, Summer School, Rent, Capital Improvement, and
7Vocational Education Building purposes.
8    "Organizational Unit" means a Laboratory School, an
9Alternative School, or any public school district that is
10recognized as such by the State Board and that contains
11elementary schools typically serving kindergarten through 5th
12grades, middle schools typically serving 6th through 8th
13grades, or high schools typically serving 9th through 12th
14grades. The General Assembly acknowledges that the actual grade
15levels served by a particular Organizational Unit may vary
16slightly from what is typical.
17    "Organizational Unit CWI" is determined by calculating the
18CWI in the region and original county in which an
19Organizational Unit's primary administrative office is located
20as set forth in this paragraph, provided that if the
21Organizational Unit CWI as calculated in accordance with this
22paragraph is less than 0.9, the Organizational Unit CWI shall
23be increased to 0.9, and provided that if the Organizational
24Unit CWI as calculated in accordance with this paragraph is
25greater than 1.04, the Organizational Unit CWI shall be
26decreased to 1.04. Each county's current CWI value shall be

 

 

10000SB1947ham004- 344 -LRB100 09675 MLM 28408 a

1increased to 0.9. Each county's current CWI value shall be
2adjusted based on the CWI value of that county's neighboring
3Illinois counties, to create a "weighted adjusted index value".
4This shall be calculated by summing the CWI values of all of a
5county's adjacent Illinois counties and dividing by the number
6of adjacent Illinois counties, then taking the weighted value
7of the original county's CWI value and the adjacent Illinois
8county average. To calculate this weighted value, if the number
9of adjacent Illinois counties is greater than 2, the original
10county's CWI value will be weighted at 0.25 and the adjacent
11Illinois county average will be weighted at 0.75. If the number
12of adjacent Illinois counties is 2, the original county's CWI
13value will be weighted at 0.33 and the adjacent Illinois county
14average will be weighted at 0.66. The greater of the county's
15current CWI value and its weighted adjusted index value shall
16be used as the Organizational Unit CWI.
17    "Preliminary Percent of Adequacy" is defined in paragraph
18(2) of subsection (f) of this Section.
19    "Preliminary Resources" is defined in paragraph (2) of
20subsection (f) of this Section.
21    "Principal" means a school administrator duly endorsed to
22be employed as a principal in this State.
23    "Professional development" means training programs for
24licensed staff in schools, including, but not limited to,
25programs that assist in implementing new curriculum programs,
26provide data focused or academic assessment data training to

 

 

10000SB1947ham004- 345 -LRB100 09675 MLM 28408 a

1help staff identify a student's weaknesses and strengths,
2target interventions, improve instruction, encompass
3instructional strategies for EL, gifted, or at-risk students,
4address inclusivity, cultural sensitivity, or implicit bias,
5or otherwise provide professional support for licensed staff.
6    "Prototypical" means 450 special education
7pre-kindergarten and kindergarten through grade 5 students for
8an elementary school, 450 grade 6 through 8 students for a
9middle school, and 600 grade 9 through 12 students for a high
10school.
11    "PTELL" means the Property Tax Extension Limitation Law.
12    "Pupil support staff" means a nurse, psychologist, social
13worker, family liaison personnel, or other staff member who
14provides support to at-risk or struggling students.
15    "Real Receipts" is defined in paragraph (1) of subsection
16(d) of this Section.
17    "Regionalization Factor" means, for a particular
18Organizational Unit, the figure derived by dividing the
19Organizational Unit CWI by the Statewide Weighted CWI.
20    "School site staff" means the primary school secretary and
21any additional clerical personnel assigned to a school.
22    "Special education" means special educational facilities
23and services, as defined in Section 14-1.08 of this Code.
24    "Special Education Allocation" means the amount of an
25Organizational Unit's final Adequacy Target attributable to
26special education divided by the Organizational Unit's final

 

 

10000SB1947ham004- 346 -LRB100 09675 MLM 28408 a

1Adequacy Target, the product of which shall be multiplied by
2the amount of new funding received pursuant to this Section. An
3Organizational Unit's final Adequacy Target attributable to
4special education shall include all special education
5investment adequacy elements.
6    "Specialist teacher" means a teacher who provides
7instruction in subject areas not included in core subjects,
8including, but not limited to, art, music, physical education,
9health, driver education, career-technical education, and such
10other subject areas as may be mandated by State law or provided
11by an Organizational Unit.
12    "Specially Funded Unit" means an Alternative School, safe
13school, Department of Juvenile Justice school, special
14education cooperative or entity recognized by the State Board
15as a special education cooperative, State-approved charter
16school, or alternative learning opportunities program that
17received direct funding from the State Board during the
182016-2017 school year through any of the funding sources
19included within the calculation of the Base Funding Minimum or
20Glenwood Academy.
21    "Supplemental Grant Funding" means supplemental general
22State aid funding received by an Organization Unit during the
232016-2017 school year pursuant to subsection (H) of Section
2418-8.05 of this Code.
25    "State Adequacy Level" is the sum of the Adequacy Targets
26of all Organizational Units.

 

 

10000SB1947ham004- 347 -LRB100 09675 MLM 28408 a

1    "State Board" means the State Board of Education.
2    "State Superintendent" means the State Superintendent of
3Education.
4    "Statewide Weighted CWI" means a figure determined by
5multiplying each Organizational Unit CWI times the ASE for that
6Organizational Unit creating a weighted value, summing all
7Organizational Unit's weighted values, and dividing by the
8total ASE of all Organizational Units, thereby creating an
9average weighted index.
10    "Student activities" means non-credit producing
11after-school programs, including, but not limited to, clubs,
12bands, sports, and other activities authorized by the school
13board of the Organizational Unit.
14    "Substitute teacher" means an individual teacher or
15teaching assistant who is employed by an Organizational Unit
16and is temporarily serving the Organizational Unit on a per
17diem or per period-assignment basis replacing another staff
18member.
19    "Summer school" means academic and enrichment programs
20provided to students during the summer months outside of the
21regular school year.
22    "Supervisory aide" means a non-licensed staff member who
23helps in supervising students of an Organizational Unit, but
24does so outside of the classroom, in situations such as, but
25not limited to, monitoring hallways and playgrounds,
26supervising lunchrooms, or supervising students when being

 

 

10000SB1947ham004- 348 -LRB100 09675 MLM 28408 a

1transported in buses serving the Organizational Unit.
2    "Target Ratio" is defined in paragraph (4) of subsection
3(g).
4    "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined in
5paragraph (2) of subsection (g).
6    "Tier 1 Aggregate Funding", "Tier 2 Aggregate Funding",
7"Tier 3 Aggregate Funding", and "Tier 4 Aggregate Funding" are
8defined in paragraph (1) of subsection (g).
9    (b) Adequacy Target calculation.
10    (1) Each Organizational Unit's Adequacy Target is the sum
11of the Organizational Unit's cost of providing Essential
12Elements, as calculated in accordance with this subsection (b),
13with the salary amounts in the Essential Elements multiplied by
14a Regionalization Factor calculated pursuant to paragraph (3)
15of this subsection (b).
16    (2) The Essential Elements are attributable on a pro-rata
17basis related to defined subgroups of the ASE of each
18Organizational Unit as specified in this paragraph (2), with
19investments and FTE positions pro-rata funded based on ASE
20counts in excess or less than the thresholds set forth in this
21paragraph (2). The method for calculating attributable
22pro-rata costs and the defined subgroups thereto are as
23follows:
24        (A) Core class size investments. Each Organizational
25    Unit shall receive the funding required to support that
26    number of FTE core teacher positions as is needed to keep

 

 

10000SB1947ham004- 349 -LRB100 09675 MLM 28408 a

1    the respective class sizes of the Organizational Unit to
2    the following maximum numbers:
3            (1) For grades kindergarten through 3, the
4        Organizational Unit shall receive funding required to
5        support one FTE core teacher position for every 15
6        Low-Income Count students in those grades and one FTE
7        core teacher position for every 20 non-Low-Income
8        Count students in those grades.
9            (2) For grades 4 through 12, the Organizational
10        Unit shall receive funding required to support one FTE
11        core teacher position for every 20 Low-Income Count
12        students in those grades and one FTE core teacher
13        position for every 25 non-Low-Income Count students in
14        those grades.
15        The number of non-Low-Income Count students in a grade
16    shall be determined by subtracting the Low-Income students
17    in that grade from the ASE of the Organizational Unit for
18    that grade.
19        (B) Specialist teacher investments. Each
20    Organizational Unit shall receive the funding needed to
21    cover that number of FTE specialist teacher positions that
22    correspond to the following percentages:
23            (i) if the Organizational Unit operates an
24        elementary or middle school, then 20.00% of the number
25        of the Organizational Unit's core teachers, as
26        determined under subparagraph (A) of this paragraph

 

 

10000SB1947ham004- 350 -LRB100 09675 MLM 28408 a

1        (2); and
2            (ii) if such Organizational Unit operates a high
3        school, then 33.33% of the number of the Organizational
4        Unit's core teachers.
5        (C) Instructional facilitator investments. Each
6    Organizational Unit shall receive the funding needed to
7    cover one FTE instructional facilitator position for every
8    200 combined ASE of pre-kindergarten children with
9    disabilities and all kindergarten through grade 12
10    students of the Organizational Unit.
11        (D) Core intervention teacher (tutor) investments.
12    Each Organizational Unit shall receive the funding needed
13    to cover one FTE teacher position for each prototypical
14    elementary, middle, and high school.
15        (E) Substitute teacher investments. Each
16    Organizational Unit shall receive the funding needed to
17    cover substitute teacher costs that is equal to 5.70% of
18    the minimum pupil attendance days required under Section
19    10-19 of this code for all full-time equivalent core,
20    specialist, and intervention teachers, school nurses,
21    special education teachers and instructional assistants,
22    instructional facilitators, and summer school and
23    extended-day teacher positions, as determined under this
24    paragraph (2), at a salary rate of 33.33% of the average
25    salary for grade K through 12 teachers and 33.33% of the
26    average salary of each instructional assistant position.

 

 

10000SB1947ham004- 351 -LRB100 09675 MLM 28408 a

1        (F) Core guidance counselor investments. Each
2    Organizational Unit shall receive the funding needed to
3    cover one FTE guidance counselor for each 450 combined ASE
4    of pre-kindergarten children with disabilities and all
5    kindergarten through grade 5 students, plus one FTE
6    guidance counselor for each 250 grades 6 through 8 ASE
7    middle school students, plus one FTE guidance counselor for
8    each 250 grades 9 through 12 ASE high school students.
9        (G) Nurse investments. Each Organizational Unit shall
10    receive the funding needed to cover one FTE nurse for each
11    750 combined ASE of pre-kindergarten children with
12    disabilities and all kindergarten through grade 12
13    students across all grade levels it serves.
14        (H) Supervisory aide investments. Each Organizational
15    Unit shall receive the funding needed to cover one FTE for
16    each 225 combined ASE of pre-kindergarten children with
17    disabilities and all kindergarten through grade 5
18    students, plus one FTE for each 225 ASE middle school
19    students, plus one FTE for each 200 ASE high school
20    students.
21        (I) Librarian investments. Each Organizational Unit
22    shall receive the funding needed to cover one FTE librarian
23    for each prototypical elementary school, middle school,
24    and high school and one FTE aide or media technician for
25    every 300 combined ASE of pre-kindergarten children with
26    disabilities and all kindergarten through grade 12

 

 

10000SB1947ham004- 352 -LRB100 09675 MLM 28408 a

1    students.
2        (J) Principal investments. Each Organizational Unit
3    shall receive the funding needed to cover one FTE principal
4    position for each prototypical elementary school, plus one
5    FTE principal position for each prototypical middle
6    school, plus one FTE principal position for each
7    prototypical high school.
8        (K) Assistant principal investments. Each
9    Organizational Unit shall receive the funding needed to
10    cover one FTE assistant principal position for each
11    prototypical elementary school, plus one FTE assistant
12    principal position for each prototypical middle school,
13    plus one FTE assistant principal position for each
14    prototypical high school.
15        (L) School site staff investments. Each Organizational
16    Unit shall receive the funding needed for one FTE position
17    for each 225 ASE of pre-kindergarten children with
18    disabilities and all kindergarten through grade 5
19    students, plus one FTE position for each 225 ASE middle
20    school students, plus one FTE position for each 200 ASE
21    high school students.
22        (M) Gifted investments. Each Organizational Unit shall
23    receive $40 per kindergarten through grade 12 ASE.
24        (N) Professional development investments. Each
25    Organizational Unit shall receive $125 per student of the
26    combined ASE of pre-kindergarten children with

 

 

10000SB1947ham004- 353 -LRB100 09675 MLM 28408 a

1    disabilities and all kindergarten through grade 12
2    students for trainers and other professional
3    development-related expenses for supplies and materials.
4        (O) Instructional material investments. Each
5    Organizational Unit shall receive $190 per student of the
6    combined ASE of pre-kindergarten children with
7    disabilities and all kindergarten through grade 12
8    students to cover instructional material costs.
9        (P) Assessment investments. Each Organizational Unit
10    shall receive $25 per student of the combined ASE of
11    pre-kindergarten children with disabilities and all
12    kindergarten through grade 12 students student to cover
13    assessment costs.
14        (Q) Computer technology and equipment investments.
15    Each Organizational Unit shall receive $285.50 per student
16    of the combined ASE of pre-kindergarten children with
17    disabilities and all kindergarten through grade 12
18    students to cover computer technology and equipment costs.
19    For the 2018-2019 school year and subsequent school years,
20    Tier 1 and Tier 2 Organizational Units selected by the
21    State Board through a request for proposals process shall,
22    upon the State Board's approval of an Organizational Unit's
23    one-to-one computing technology plan, receive an
24    additional $285.50 per student of the combined ASE of
25    pre-kindergarten children with disabilities and all
26    kindergarten through grade 12 students to cover computer

 

 

10000SB1947ham004- 354 -LRB100 09675 MLM 28408 a

1    technology and equipment costs. The State Board may
2    establish additional requirements for Organizational Unit
3    expenditures of funds received pursuant to this
4    subparagraph (Q). It is the intent of this amendatory Act
5    of the 100th General Assembly that all Tier 1 and Tier 2
6    districts that apply for the technology grant receive the
7    addition to their Adequacy Target, subject to compliance
8    with the requirements of the State Board.
9        (R) Student activities investments. Each
10    Organizational Unit shall receive the following funding
11    amounts to cover student activities: $100 per kindergarten
12    through grade 5 ASE student in elementary school, plus $200
13    per ASE student in middle school, plus $675 per ASE student
14    in high school.
15        (S) Maintenance and operations investments. Each
16    Organizational Unit shall receive $1,038 per student of the
17    combined ASE of pre-kindergarten children with
18    disabilities and all kindergarten through grade 12 for
19    day-to-day maintenance and operations expenditures,
20    including salary, supplies, and materials, as well as
21    purchased services, but excluding employee benefits. The
22    proportion of salary for the application of a
23    Regionalization Factor and the calculation of benefits is
24    equal to $352.92.
25        (T) Central office investments. Each Organizational
26    Unit shall receive $742 per student of the combined ASE of

 

 

10000SB1947ham004- 355 -LRB100 09675 MLM 28408 a

1    pre-kindergarten children with disabilities and all
2    kindergarten through grade 12 students to cover central
3    office operations, including administrators and classified
4    personnel charged with managing the instructional
5    programs, business and operations of the school district,
6    and security personnel. The proportion of salary for the
7    application of a Regionalization Factor and the
8    calculation of benefits is equal to $368.48.
9        (U) Employee benefit investments. Each Organizational
10    Unit shall receive 30% of the total of all
11    salary-calculated elements of the Adequacy Target,
12    excluding substitute teachers and student activities
13    investments, to cover benefit costs. For central office and
14    maintenance and operations investments, the benefit
15    calculation shall be based upon the salary proportion of
16    each investment.
17        (V) Additional investments in low-income students. In
18    addition to and not in lieu of all other funding under this
19    paragraph (2), each Organizational Unit shall receive
20    funding based on the average teacher salary for grades K
21    through 12 to cover the costs of: (i) one FTE intervention
22    teacher (tutor) position for every 125 Low-Income Count
23    students; (ii) one FTE pupil support staff position for
24    every 125 Low-Income Count students; (iii) one FTE extended
25    day teacher position for every 120 Low-Income Count
26    students; and (iv) one FTE summer school teacher position

 

 

10000SB1947ham004- 356 -LRB100 09675 MLM 28408 a

1    for every 120 Low-Income Count students.
2        (W) Additional investments in EL students. In addition
3    to and not in lieu of all other funding under this
4    paragraph (2), each Organizational Unit shall receive
5    funding based on the average teacher salary for grades K
6    through 12 to cover the costs of:
7            (i) one FTE intervention teacher (tutor) position
8        for every 125 EL students;
9            (ii) one FTE pupil support staff position for every
10        125 EL students;
11            (iii) one FTE extended day teacher position for
12        every 120 EL students;
13            (iv) one FTE summer school teacher position for
14        every 120 EL students; and
15            (v) one FTE core teacher position for every 100 EL
16        students.
17        (X) Special education investments. Each Organizational
18    Unit shall receive funding based on the average teacher
19    salary for grades K through 12 to cover special education
20    as follows:
21            (i) one FTE teacher position for every 141 combined
22        ASE of pre-kindergarten children with disabilities and
23        all kindergarten through grade 12 students;
24            (ii) one FTE instructional assistant for every 141
25        combined ASE of pre-kindergarten children with
26        disabilities and all kindergarten through grade 12

 

 

10000SB1947ham004- 357 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 358 -LRB100 09675 MLM 28408 a

1teachers, specialist and elective teachers, instructional
2facilitators, tutors, special education teachers, pupil
3support staff teachers, English learner teachers, extended-day
4teachers, and summer school teachers. Where specific grade data
5is not required for the Essential Elements, the average salary
6for corresponding positions shall apply. For substitute
7teachers, the average teacher salary for grades K through 12
8shall apply.
9    For calculating the salaries included within the Essential
10Elements for positions not included within EIS Data, the
11following salaries shall be used:
12        (i) school site staff, $30,000; and
13        (ii) on-instructional assistant, instructional
14    assistant, library aide, library media tech, or
15    supervisory aide: $25,000.
16    The salary amounts for the Essential Elements determined
17pursuant to subparagraphs (A) through (L), (S) and (T), and (V)
18through (X) of paragraph (2) of subsection (b) of this Section
19shall be multiplied by a Regionalization Factor.
20    (c) Local capacity calculation.
21    (1) Each Organizational Unit's Local Capacity represents
22an amount of funding it is assumed to contribute toward its
23Adequacy Target for purposes of the Evidence-Based Funding
24formula calculation. "Local Capacity" means either (i) the
25Organizational Unit's Local Capacity Target as calculated in
26accordance with paragraph (2) of this subsection (c) if its

 

 

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1Real Receipts are equal to or less than its Local Capacity
2Target or (ii) the Organizational Unit's Adjusted Local
3Capacity, as calculated in accordance with paragraph (3) of
4this subsection (c) if Real Receipts are more than its Local
5Capacity Target.
6    (2) "Local Capacity Target" means, for an Organizational
7Unit, that dollar amount that is obtained by multiplying its
8Adequacy Target by its Local Capacity Ratio.
9        (A) An Organizational Unit's Local Capacity Percentage
10    is the conversion of the Organizational Unit's Local
11    Capacity Ratio, as such ratio is determined in accordance
12    with subparagraph (B) of this paragraph (2), into a normal
13    curve equivalent score to determine each Organizational
14    Unit's relative position to all other Organizational Units
15    in this State. The calculation of Local Capacity Percentage
16    is described in subparagraph (C) of this paragraph (2).
17        (B) An Organizational Unit's Local Capacity Ratio in a
18    given year is the percentage obtained by dividing its
19    Adjusted EAV by its Adequacy Target, with the resulting
20    ratio further adjusted as follows:
21            (i) for Organizational Units serving grades
22        kindergarten through 12 and Hybrid Districts, no
23        further adjustments shall be made;
24            (ii) for Organizational Units serving grades
25        kindergarten through 8, the ratio shall be multiplied
26        by 9/13;

 

 

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1            (iii) for Organizational Units serving grades 9
2        through 12, the Local Capacity Ratio shall be
3        multiplied by 4/13; and
4            (iv) for an Organizational Unit with a different
5        grade configuration than those specified in items (i)
6        through (iii) of this subparagraph (B), the State
7        Superintendent shall determine a comparable adjustment
8        based on the grades served.
9        (C) Local Capacity Percentage converts each
10    Organizational Unit's Local Capacity Ratio to a normal
11    curve equivalent score to determine each Organizational
12    Unit's relative position to all other Organizational Units
13    in this State. The Local Capacity Percentage normal curve
14    equivalent score for each Organizational Unit shall be
15    calculated using the standard normal distribution of the
16    score in relation to the weighted mean and weighted
17    standard deviation and Local Capacity Ratios of all
18    Organizational Units. If the value assigned to any
19    Organizational Unit is in excess of 90%, the value shall be
20    adjusted to 90%. For Laboratory Schools, the Local Capacity
21    Percentage shall be set at 10% in recognition of the
22    absence of EAV and resources from the public university
23    that are allocated to the Laboratory School. The weighted
24    mean for the Local Capacity Percentage shall be determined
25    by multiplying each Organizational Unit's Local Capacity
26    Ratio times the ASE for the unit creating a weighted value,

 

 

10000SB1947ham004- 361 -LRB100 09675 MLM 28408 a

1    summing the weighted values of all Organizational Units,
2    and dividing by the total ASE of all Organizational Units.
3    The weighted standard deviation shall be determined by
4    taking the square root of the weighted variance of all
5    Organizational Units' Local Capacity Ratio, where the
6    variance is calculated by squaring the difference between
7    each unit's Local Capacity Ratio and the weighted mean,
8    then multiplying the variance for each unit times the ASE
9    for the unit to create a weighted variance for each unit,
10    then summing all units' weighted variance and dividing by
11    the total ASE of all units.
12    (3) If an Organizational Unit's Real Receipts are more than
13its Local Capacity Target, then its Local Capacity shall equal
14an Adjusted Local Capacity Target as calculated in accordance
15with this paragraph (3). The Adjusted Local Capacity Target is
16calculated as the sum of the Organizational Unit's Local
17Capacity Target and its Real Receipts Adjustment. The Real
18Receipts Adjustment equals the Organizational Unit's Real
19Receipts less its Local Capacity Target, with the resulting
20figure multiplied by the Local Capacity Percentage.
21    As used in this paragraph (3), "Real Percent of Adequacy"
22means the sum of an Organizational Unit's Real Receipts, CPPRT,
23and Base Funding Minimum, with the resulting figure divided by
24the Organizational Unit's Adequacy Target.
25    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
26purposes of the Local Capacity calculation.

 

 

10000SB1947ham004- 362 -LRB100 09675 MLM 28408 a

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

 

 

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

 

 

10000SB1947ham004- 364 -LRB100 09675 MLM 28408 a

1    property under Section 15-176 or 15-177 of the Property Tax
2    Code and the amount that would have been allowed had the
3    general homestead exemption for that parcel of property
4    been determined under Section 15-175 of the Property Tax
5    Code. It is further the intent of this subparagraph (A)
6    that if additional exemptions are allowed under Section
7    15-175 of the Property Tax Code for owners with a household
8    income of less than $30,000, then the calculation of EAV
9    shall not be affected by the difference, if any, because of
10    those additional exemptions.
11        (C) For Organizational Units that are Hybrid
12    Districts, the State Superintendent shall use the lesser of
13    the equalized assessed valuation for property within the
14    partial elementary unit district for elementary purposes,
15    as defined in Article 11E of this Code, or the equalized
16    assessed valuation for property within the partial
17    elementary unit district for high school purposes, as
18    defined in Article 11E of this Code.
19    (4) An Organizational Unit's Adjusted EAV shall be the
20average of its EAV over the immediately preceding 3 years or
21its EAV in the immediately preceding year if the EAV in the
22immediately preceding year has declined by 10% or more compared
23to the 3-year average. In the event of Organizational Unit
24reorganization, consolidation, or annexation, the
25Organizational Unit's Adjusted EAV for the first 3 years after
26such change shall be as follows: the most current EAV shall be

 

 

10000SB1947ham004- 365 -LRB100 09675 MLM 28408 a

1used in the first year, the average of a 2-year EAV or its EAV
2in the immediately preceding year if the EAV declines by 10% or
3more compared to the 2-year average for the second year, and a
43-year average EAV or its EAV in the immediately preceding year
5if the adjusted EAV declines by 10% or more compared to the
63-year average for the third year.
7    (e) Base Funding Minimum calculation.
8    (1) For the 2017-2018 school year, the Base Funding Minimum
9of an Organizational Unit, other than a Specially Funded Unit,
10shall be the amount of State funds distributed to the
11Organizational Unit during the 2016-2017 school year prior to
12any adjustments and specified appropriation amounts described
13in this paragraph (1) from the following Sections, as
14calculated by the State Superintendent: Section 18-8.05 of this
15Code (general State aid); Section 5 of Article 224 of Public
16Act 99-524 (equity grants); Section 14-7.02b of this Code
17(funding for children requiring special education services);
18Section 14-13.01 of this Code (special education facilities and
19staffing), except for reimbursement of the cost of
20transportation pursuant to Section 14-13.01; Section 14C-12 of
21this Code (English learners); and Section 18-4.3 of this Code
22(summer school), based on an appropriation level of
23$13,121,600. For Specially Funded Units, the Base Funding
24Minimum shall be the total amount of State funds allotted to
25the Specially Funded Unit during the 2016-2017 school year. The
26Base Funding Minimum for Glenwood Academy shall be $625,500.

 

 

10000SB1947ham004- 366 -LRB100 09675 MLM 28408 a

1    (2) For the 2018-2019 school year through the 2019-2020
2school year, the Base Funding Minimum of Organizational Units
3and Specially Funded Units shall be the sum of (i) the amount
4of Evidence-Based Funding for the prior school year and (ii)
5the Base Funding Minimum for the prior school year.
6    (3) Beginning with the 2020-2021 school year and every
7school year thereafter, the Base Funding Minimum of an
8Organizational Unit shall be the sum of (i) the Evidence-Based
9Funding for the prior school year and (ii) the Base Funding
10Minimum for the prior school year divided by the Organizational
11Unit's ASE for the prior school year multiplied by the
12Organizational Unit's ASE for the current school year. For
13Specially Funded Units, the Base Funding Minimum shall be the
14sum of (i) the Evidence-Based Funding for the prior school year
15and (ii) the Base Funding Minimum for the prior school year.
16    (f) Percent of Adequacy and Final Resources calculation.
17    (1) The Evidence-Based Funding formula establishes a
18Percent of Adequacy for each Organizational Unit in order to
19place such units into tiers for the purposes of the funding
20distribution system described in subsection (g) of this
21Section. Initially, an Organizational Unit's Preliminary
22Resources and Preliminary Percent of Adequacy are calculated
23pursuant to paragraph (2) of this subsection (f). Then, an
24Organizational Unit's Final Resources and Final Percent of
25Adequacy are calculated to account for the Organizational
26Unit's poverty concentration levels pursuant to paragraphs (3)

 

 

10000SB1947ham004- 367 -LRB100 09675 MLM 28408 a

1and (4) of this subsection (f).
2    (2) An Organizational Unit's Preliminary Resources are
3equal to the sum of its Local Capacity Target, CPPRT, and Base
4Funding Minimum. An Organizational Unit's Preliminary Percent
5of Adequacy is the lesser of (i) its Preliminary Resources
6divided by its Adequacy Target or (ii) 100%.
7    (3) Except for Specially Funded Units, an Organizational
8Unit's Final Resources are equal the sum of its Local Capacity,
9CPPRT, and Adjusted Base Funding Minimum. The Base Funding
10Minimum of each Specially Funded Unit shall serve as its Final
11Resources, except that the Base Funding Minimum for
12State-approved charter schools shall not include any portion of
13general State aid allocated in the prior year based on the per
14capita tuition charge times the charter school enrollment.
15    (4) An Organizational Unit's Final Percent of Adequacy is
16its Final Resources divided by its Adequacy Target. A
17Organizational Unit's Adjusted Base Funding Minimum is equal to
18its Base Funding Minimum less its Supplemental Grant Funding,
19with the resulting figure added to the product of its
20Supplemental Grant Funding and Preliminary Percent of
21Adequacy.
22    (g) Evidence-Based Funding formula distribution system.
23    (1) In each school year under the Evidence-Based Funding
24formula, each Organizational Unit receives funding equal to the
25sum of its Base Funding Minimum and the unit's allocation of
26New State Funds determined pursuant to this subsection (g). To

 

 

10000SB1947ham004- 368 -LRB100 09675 MLM 28408 a

1allocate New State Funds, the Evidence-Based Funding formula
2distribution system first places all Organizational Units into
3one of 4 tiers in accordance with paragraph (3) of this
4subsection (g), based on the Organizational Unit's Final
5Percent of Adequacy. New State Funds are allocated to each of
6the 4 tiers as follows: Tier 1 Aggregate Funding equals 50% of
7all New State Funds, Tier 2 Aggregate Funding equals 49% of all
8New State Funds, Tier 3 Aggregate Funding equals 0.9% of all
9New State Funds, and Tier 4 Aggregate Funding equals 0.1% of
10all New State Funds. Each Organizational Unit within Tier 1 or
11Tier 2 receives an allocation of New State Funds equal to its
12tier Funding Gap, as defined in the following sentence,
13multiplied by the tier's Allocation Rate determined pursuant to
14paragraph (4) of this subsection (g). For Tier 1, an
15Organizational Unit's Funding Gap equals the tier's Target
16Ratio, as specified in paragraph (5) of this subsection (g),
17multiplied by the Organizational Unit's Adequacy Target, with
18the resulting amount reduced by the Organizational Unit's Final
19Resources. For Tier 2, an Organizational Unit's Funding Gap
20equals the tier's Target Ratio, as described in paragraph (5)
21of this subsection (g), multiplied by the Organizational Unit's
22Adequacy Target, with the resulting amount reduced by the
23Organizational Unit's Final Resources and its Tier 1 funding
24allocation. To determine the Organizational Unit's Funding
25Gap, the resulting amount is then multiplied by a factor equal
26to one minus the Organizational Unit's Local Capacity

 

 

10000SB1947ham004- 369 -LRB100 09675 MLM 28408 a

1Percentage. Each Organizational Unit within Tier 3 or Tier 4
2receives an allocation of New State Funds equal to the product
3of its Adequacy Target and the tier's Allocation Rate, as
4specified in paragraph (4) of this subsection (g).
5    (2) To ensure equitable distribution of dollars for all
6Tier 2 Organizational Units, no Tier 2 Organizational Unit
7shall receive fewer dollars per ASE than any Tier 3
8Organizational Unit. Each Tier 2 and Tier 3 Organizational Unit
9shall have its funding allocation divided by its ASE. Any Tier
102 Organizational Unit with a funding allocation per ASE below
11the greatest Tier 3 allocation per ASE shall get a funding
12allocation equal to the greatest Tier 3 funding allocation per
13ASE multiplied by the Organizational Unit's ASE. Each Tier 2
14Organizational Unit's Tier 2 funding allocation shall be
15multiplied by the percentage calculated by dividing the
16original Tier 2 Aggregate Funding by the sum of all Tier 2
17Organizational Unit's Tier 2 funding allocation after
18adjusting districts' funding below Tier 3 levels.
19    (3) Organizational Units are placed into one of 4 tiers as
20follows:
21        (A) Tier 1 consists of all Organizational Units, except
22    for Specially Funded Units, with a Percent of Adequacy less
23    than the Tier 1 Target Ratio. The Tier 1 Target Ratio is
24    the ratio level that allows for Tier 1 Aggregate Funding to
25    be distributed, with the Tier 1 Allocation Rate determined
26    pursuant to paragraph (4) of this subsection (g).

 

 

10000SB1947ham004- 370 -LRB100 09675 MLM 28408 a

1        (B) Tier 2 consists of all Tier 1 Units and all other
2    Organizational Units, except for Specially Funded Units,
3    with a Percent of Adequacy of less than 0.90.
4        (C) Tier 3 consists of all Organizational Units, except
5    for Specially Funded Units, with a Percent of Adequacy of
6    at least 0.90 and less than 1.0.
7        (D) Tier 4 consists of all Organizational Units with a
8    Percent of Adequacy of at least 1.0 and Specially Funded
9    Units, excluding Glenwood Academy.
10    (4) The Allocation Rates for Tiers 1 through 4 is
11determined as follows:
12        (A) The Tier 1 Allocation Rate is 30%.
13        (B) The Tier 2 Allocation Rate is the result of the
14    following equation: Tier 2 Aggregate Funding, divided by
15    the sum of the Funding Gaps for all Tier 2 Organizational
16    Units, unless the result of such equation is higher than
17    1.0. If the result of such equation is higher than 1.0,
18    then the Tier 2 Allocation Rate is 1.0.
19        (C) The Tier 3 Allocation Rate is the result of the
20    following equation: Tier 3 Aggregate Funding, divided by
21    the sum of the Adequacy Targets of all Tier 3
22    Organizational Units.
23        (D) The Tier 4 Allocation Rate is the result of the
24    following equation: Tier 4 Aggregate Funding, divided by
25    the sum of the Adequacy Targets of all Tier 4
26    Organizational Units.

 

 

10000SB1947ham004- 371 -LRB100 09675 MLM 28408 a

1    (5) A tier's Target Ratio is determined as follows:
2        (A) The Tier 1 Target Ratio is the ratio level that
3    allows for Tier 1 Aggregate Funding to be distributed with
4    the Tier 1 Allocation Rate.
5        (B) The Tier 2 Target Ratio is 0.90.
6        (C) The Tier 3 Target Ratio is 1.0.
7    (6) If, at any point, the Tier 1 Target Ratio is greater
8than 90%, than all Tier 1 funding shall be allocated to Tier 2
9and no Tier 1 Organizational Unit's funding may be identified.
10    (7) In the event that all Tier 2 Organizational Units
11receive funding at the Tier 2 Target Ratio level, any remaining
12New State Funds shall be allocated to Tier 3 and Tier 4
13Organizational Units.
14    (8) If any Specially Funded Units, excluding Glenwood
15Academy, recognized by the State Board do not qualify for
16direct funding following the implementation of this amendatory
17Act of the 100th General Assembly from any of the funding
18sources included within the definition of Base Funding Minimum,
19the unqualified portion of the Base Funding Minimum shall be
20transferred to one or more appropriate Organizational Units as
21determined by the State Superintendent based on the prior year
22ASE of the Organizational Units.
23    (9) In the event of a decrease in the amount of the
24appropriation for this Section in any fiscal year after
25implementation of this Section, the Organizational Units
26receiving Tier 1 and Tier 2 funding, as determined under

 

 

10000SB1947ham004- 372 -LRB100 09675 MLM 28408 a

1paragraph (3) of this subsection (g), shall be held harmless by
2establishing a Base Funding Guarantee equal to the per pupil
3kindergarten through grade 12 funding received in accordance
4with this Section in the prior fiscal year. Reductions shall be
5made to the Base Funding Minimum of Organizational Units in
6Tier 3 and Tier 4 on a per pupil basis equivalent to the total
7number of the ASE in Tier 3-funded and Tier 4-funded
8Organizational Units divided by the total reduction in State
9funding. The Base Funding Minimum as reduced shall continue to
10be applied to Tier 3 and Tier 4 Organizational Units and
11adjusted by the relative formula when increases in
12appropriations for this Section resume. In no event may State
13funding reductions to Organizational Units in Tier 3 or Tier 4
14exceed an amount that would be less than the Base Funding
15Minimum established in the first year of implementation of this
16Section. If additional reductions are required, all school
17districts shall receive a reduction by a per pupil amount equal
18to the aggregate additional appropriation reduction divided by
19the total ASE of all Organizational Units.
20    (10) The State Superintendent shall make minor adjustments
21to the distribution formulae set forth in this subsection (g)
22to account for the rounding of percentages to the nearest tenth
23of a percentage and dollar amounts to the nearest whole dollar.
24    (h) State Superintendent administration of funding and
25district submission requirements.
26    (1) The State Superintendent shall, in accordance with

 

 

10000SB1947ham004- 373 -LRB100 09675 MLM 28408 a

1appropriations made by the General Assembly, meet the funding
2obligations created under this Section.
3    (2) The State Superintendent shall calculate the Adequacy
4Target for each Organizational Unit and Net State Contribution
5Target for each Organizational Unit under this Section. The
6State Superintendent shall also certify the actual amounts of
7the New State Funds payable for each eligible Organizational
8Unit based on the equitable distribution calculation to the
9unit's treasurer, as soon as possible after such amounts are
10calculated, including any applicable adjusted charge-off
11increase. No Evidence-Based Funding shall be distributed
12within an Organizational Unit without the approval of the
13unit's school board.
14    (3) Annually, the State Superintendent shall calculate and
15report to each Organizational Unit the unit's aggregate
16financial adequacy amount, which shall be the sum of the
17Adequacy Target for each Organizational Unit. The State
18Superintendent shall calculate and report separately for each
19Organizational Unit the unit's total State funds allocated for
20its students with disabilities. The State Superintendent shall
21calculate and report separately for each Organizational Unit
22the amount of funding and applicable FTE calculated for each
23Essential Element of the unit's Adequacy Target.
24    (4) Annually, the State Superintendent shall calculate and
25report to each Organizational Unit the amount the unit must
26expend on special education and bilingual education pursuant to

 

 

10000SB1947ham004- 374 -LRB100 09675 MLM 28408 a

1the unit's Base Funding Minimum, Special Education Allocation,
2and Bilingual Education Allocation.
3    (5) Moneys distributed under this Section shall be
4calculated on a school year basis, but paid on a fiscal year
5basis, with payments beginning in August and extending through
6June. Unless otherwise provided, the moneys appropriated for
7each fiscal year shall be distributed in 22 equal payments at
8least 2 times monthly to each Organizational Unit. The State
9Board shall publish a yearly distribution schedule at its
10meeting in June. If moneys appropriated for any fiscal year are
11distributed other than monthly, the distribution shall be on
12the same basis for each Organizational Unit.
13    (6) Any school district that fails, for any given school
14year, to maintain school as required by law or to maintain a
15recognized school is not eligible to receive Evidence-Based
16Funding. In case of non-recognition of one or more attendance
17centers in a school district otherwise operating recognized
18schools, the claim of the district shall be reduced in the
19proportion that the enrollment in the attendance center or
20centers bears to the enrollment of the school district.
21"Recognized school" means any public school that meets the
22standards for recognition by the State Board. A school district
23or attendance center not having recognition status at the end
24of a school term is entitled to receive State aid payments due
25upon a legal claim that was filed while it was recognized.
26    (7) School district claims filed under this Section are

 

 

10000SB1947ham004- 375 -LRB100 09675 MLM 28408 a

1subject to Sections 18-9 and 18-12 of this Code, except as
2otherwise provided in this Section.
3    (8) Each fiscal year, the State Superintendent shall
4calculate for each Organizational Unit an amount of its Base
5Funding Minimum and Evidence-Based Funding that shall be deemed
6attributable to the provision of special educational
7facilities and services, as defined in Section 14-1.08 of this
8Code, in a manner that ensures compliance with maintenance of
9State financial support requirements under the federal
10Individuals with Disabilities Education Act. An Organizational
11Unit must use such funds only for the provision of special
12educational facilities and services, as defined in Section
1314-1.08 of this Code, and must comply with any expenditure
14verification procedures adopted by the State Board.
15    (9) All Organizational Units in this State must submit
16annual spending plans by the end of September of each year to
17the State Board as part of the annual budget process, which
18shall describe how each Organizational Unit will utilize the
19Base Minimum Funding and Evidence-Based funding it receives
20from this State under this Section with specific identification
21of the intended utilization of Low-Income, EL, and special
22education resources. Additionally, the annual spending plans
23of each Organizational Unit shall describe how the
24Organizational Unit expects to achieve student growth and how
25the Organizational Unit will achieve State education goals, as
26defined by the State Board. The State Superintendent may, from

 

 

10000SB1947ham004- 376 -LRB100 09675 MLM 28408 a

1time to time, identify additional requisites for
2Organizational Units to satisfy when compiling the annual
3spending plans required under this subsection (h). The format
4and scope of annual spending plans shall be developed by the
5State Superintendent in conjunction with the Professional
6Review Panel.
7    (10) No later than January 1, 2018, the State
8Superintendent shall develop a 5-year strategic plan for all
9Organizational Units to help in planning for adequacy funding
10under this Section. The State Superintendent shall submit the
11plan to the Governor and the General Assembly, as provided in
12Section 3.1 of the General Assembly Organization Act. The plan
13shall include recommendations for:
14        (A) a framework for collaborative, professional,
15    innovative, and 21st century learning environments using
16    the Evidence-Based Funding model;
17        (B) ways to prepare and support this State's educators
18    for successful instructional careers;
19        (C) application and enhancement of the current
20    financial accountability measures, the approved State plan
21    to comply with the federal Every Student Succeeds Act, and
22    the Illinois Balanced Accountability Measures in relation
23    to student growth and elements of the Evidence-Based
24    Funding model; and
25        (D) implementation of an effective school adequacy
26    funding system based on projected and recommended funding

 

 

10000SB1947ham004- 377 -LRB100 09675 MLM 28408 a

1    levels from the General Assembly.
2    (i) Professional Review Panel.
3    (1) A Professional Review Panel is created to study and
4review the implementation and effect of the Evidence-Based
5Funding model under this Section and to recommend continual
6recalibration and future study topics and modifications to the
7Evidence-Based Funding model. The Panel shall elect a
8chairperson and vice chairperson by a majority vote of the
9Panel and shall advance recommendations based on a majority
10vote of the Panel. A minority opinion may also accompany any
11recommendation of the majority of the Panel. The Panel shall be
12appointed by the State Superintendent, except as otherwise
13provided in paragraph (2) of this subsection (i) and include
14the following members:
15        (A) Two appointees that represent district
16    superintendents, recommended by a statewide organization
17    that represents district superintendents.
18        (B) Two appointees that represent school boards,
19    recommended by a statewide organization that represents
20    school boards.
21        (C) Two appointees from districts that represent
22    school business officials, recommended by a statewide
23    organization that represents school business officials.
24        (D) Two appointees that represent school principals,
25    recommended by a statewide organization that represents
26    school principals.

 

 

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1        (E) Two appointees that represent teachers,
2    recommended by a statewide organization that represents
3    teachers.
4        (F) Two appointees that represent teachers,
5    recommended by another statewide organization that
6    represents teachers.
7        (G) Two appointees that represent regional
8    superintendents of schools, recommended by organizations
9    that represent regional superintendents.
10        (H) Two independent experts selected solely by the
11    State Superintendent.
12        (I) Two independent experts recommended by public
13    universities in this State.
14        (J) One member recommended by a statewide organization
15    that represents parents.
16        (K) Two representatives recommended by collective
17    impact organizations that represent major metropolitan
18    areas or geographic areas in Illinois.
19        (L) One member from a statewide organization focused on
20    research-based education policy to support a school system
21    that prepares all students for college, a career, and
22    democratic citizenship.
23        (M) One representative from a school district
24    organized under Article 34 of this Code.
25The State Superintendent shall ensure that the membership of
26the Panel includes representatives from school districts and

 

 

10000SB1947ham004- 379 -LRB100 09675 MLM 28408 a

1communities reflecting the geographic, socio-economic, racial,
2and ethnic diversity of this State. The State Superintendent
3shall additionally ensure that the membership of the Panel
4includes representatives with expertise in bilingual education
5and special education. Staff from the State Board shall staff
6the Panel.
7    (2) In addition to those Panel members appointed by the
8State Superintendent, 4 members of the General Assembly shall
9be appointed as follows: one member of the House of
10Representatives appointed by the Speaker of the House of
11Representatives, one member of the Senate appointed by the
12President of the Senate, one member of the House of
13Representatives appointed by the Minority Leader of the House
14of Representatives, and one member of the Senate appointed by
15the Minority Leader of the Senate. There shall be one
16additional member appointed by the Governor. All members
17appointed by legislative leaders or the Governor shall be
18non-voting, ex officio members.
19    (3) On an annual basis, the State Superintendent shall
20recalibrate the following per pupil elements of the Adequacy
21Target and applied to the formulas, based on the Panel's study
22of average expenses as reported in the most recent annual
23financial report:
24        (A) gifted under subparagraph (M) of paragraph (2) of
25    subsection (b) of this Section;
26        (B) instructional materials under subparagraph (O) of

 

 

10000SB1947ham004- 380 -LRB100 09675 MLM 28408 a

1    paragraph (2) of subsection (b) of this Section;
2        (C) assessment under subparagraph (P) of paragraph (2)
3    of subsection (b) of this Section;
4        (D) student activities under subparagraph (R) of
5    paragraph (2) of subsection (b) of this Section;
6        (E) maintenance and operations under subparagraph (S)
7    of paragraph (2) of subsection (b) of this Section; and
8        (F) central office under subparagraph (T) of paragraph
9    (2) of subsection (b) of this Section.
10    (4) On a periodic basis, the Panel shall study all the
11following elements and make recommendations to the State Board,
12the General Assembly, and the Governor for modification of this
13Section:
14        (A) The format and scope of annual spending plans
15    referenced in paragraph (9) of subsection (h) of this
16    Section.
17        (B) The Comparable Wage Index under this Section, to be
18    studied by the Panel and reestablished by the State
19    Superintendent every 5 years.
20        (C) Maintenance and operations. Within 5 years after
21    the implementation of this Section, the Panel shall make
22    recommendations for the further study of maintenance and
23    operations costs, including capital maintenance costs, and
24    recommend any additional reporting data required from
25    Organizational Units.
26        (D) "At-risk student" definition. Within 5 years after

 

 

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1    the implementation of this Section, the Panel shall make
2    recommendations for the further study and determination of
3    an "at-risk student" definition. Within 5 years after the
4    implementation of this Section, the Panel shall evaluate
5    and make recommendations regarding adequate funding for
6    poverty concentration under the Evidence-Based Funding
7    model.
8        (E) Benefits. Within 5 years after the implementation
9    of this Section, the Panel shall make recommendations for
10    further study of benefit costs.
11        (F) Technology. The per pupil target for technology
12    shall be reviewed every 3 years to determine whether
13    current allocations are sufficient to develop 21st century
14    learning in all classrooms in this State and supporting a
15    one-to-one technological device program in each school.
16    Recommendations shall be made no later than 3 years after
17    the implementation of this Section.
18        (G) Local Capacity Target. Within 3 years after the
19    implementation of this Section, the Panel shall make
20    recommendations for any additional data desired to analyze
21    possible modifications to the Local Capacity Target, to be
22    based on measures in addition to solely EAV and to be
23    completed within 5 years after implementation of this
24    Section.
25        (H) Funding for Alternative Schools, Laboratory
26    Schools, safe schools, and alternative learning

 

 

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1    opportunities programs. By the beginning of the 2021-2022
2    school year, the Panel shall study and make recommendations
3    regarding the funding levels for Alternative Schools,
4    Laboratory Schools, safe schools, and alternative learning
5    opportunities programs in this State.
6        (I) Funding for college and career acceleration
7    strategies. By the beginning of the 2021-2022 school year,
8    the Panel shall study and make recommendations regarding
9    funding levels to support college and career acceleration
10    strategies in high school that have been demonstrated to
11    result in improved secondary and postsecondary outcomes,
12    including Advanced Placement, dual-credit opportunities,
13    and college and career pathway systems.
14        (J) Special education investments. By the beginning of
15    the 2021-2022 school year, the Panel shall study and make
16    recommendations on whether and how to account for
17    disability types within the special education funding
18    category.
19        (K) Early childhood investments. In collaboration with
20    the Illinois Early Learning Council, the Panel shall
21    include an analysis of what level of Preschool for All
22    Children funding would be necessary to serve all children
23    ages 0 through 5 years in the highest-priority service
24    tier, as specified in paragraph (4.5) of subsection (a) of
25    Section 2-3.71 of this Code, and an analysis of the
26    potential cost savings that that level of Preschool for All

 

 

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1    Children investment would have on the kindergarten through
2    grade 12 system.
3    (5) Within 5 years after the implementation of this
4Section, the Panel shall complete an evaluative study of the
5entire Evidence-Based Funding model, including an assessment
6of whether or not the formula is achieving State goals. The
7Panel shall report to the State Board, the General Assembly,
8and the Governor on the findings of the study.
9    (6) Within 3 years after the implementation of this
10Section, the Panel shall evaluate and provide recommendations
11to the Governor and the General Assembly on the hold-harmless
12provisions of this Section found in the Base Funding Minimum.
13    (j) References. Beginning July 1, 2017, references in other
14laws to general State aid funds or calculations under Section
1518-8.05 of this Code shall be deemed to be references to
16evidence-based model formula funds or calculations under this
17Section.
 
18    (105 ILCS 5/18-9)  (from Ch. 122, par. 18-9)
19    Sec. 18-9. Requirement for special equalization and
20supplementary State aid. If property comprising an aggregate
21assessed valuation equal to 6% or more of the total assessed
22valuation of all taxable property in a school district is owned
23by a person or corporation that is the subject of bankruptcy
24proceedings or that has been adjudged bankrupt and, as a result
25thereof, has not paid taxes on the property, then the district

 

 

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1may amend its general State aid or evidence-based funding claim
2(i) back to the inception of the bankruptcy, not to exceed 6
3years, in which time those taxes were not paid and (ii) for
4each succeeding year that those taxes remain unpaid, by adding
5to the claim an amount determined by multiplying the assessed
6valuation of the property on which taxes have not been paid due
7to the bankruptcy by the lesser of the total tax rate for the
8district for the tax year for which the taxes are unpaid or the
9applicable rate used in calculating the district's general
10State aid under paragraph (3) of subsection (D) of Section
1118-8.05 of this Code or evidence-based funding under Section
1218-8.15 of this Code, as applicable. If at any time a district
13that receives additional State aid under this Section receives
14tax revenue from the property for the years that taxes were not
15paid, the district's next claim for State aid shall be reduced
16in an amount equal to the taxes paid on the property, not to
17exceed the additional State aid received under this Section.
18Claims under this Section shall be filed on forms prescribed by
19the State Superintendent of Education, and the State
20Superintendent of Education, upon receipt of a claim, shall
21adjust the claim in accordance with the provisions of this
22Section. Supplementary State aid for each succeeding year under
23this Section shall be paid beginning with the first general
24State aid or evidence-based funding claim paid after the
25district has filed a completed claim in accordance with this
26Section.

 

 

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1(Source: P.A. 95-496, eff. 8-28-07.)
 
2    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
3    Sec. 18-12. Dates for filing State aid claims. The school
4board of each school district, a regional office of education,
5a laboratory school, or a State-authorized charter school shall
6require teachers, principals, or superintendents to furnish
7from records kept by them such data as it needs in preparing
8and certifying to the State Superintendent of Education its
9report of claims provided in Section 18-8.05 of this Code. The
10claim shall be based on the latest available equalized assessed
11valuation and tax rates, as provided in Section 18-8.05 or
1218-8.15, shall use the average daily attendance as determined
13by the method outlined in Section 18-8.05 or 18-8.15, and shall
14be certified and filed with the State Superintendent of
15Education by June 21 for districts and State-authorized charter
16schools with an official school calendar end date before June
1715 or within 2 weeks following the official school calendar end
18date for districts, regional offices of education, laboratory
19schools, or State-authorized charter schools with a school year
20end date of June 15 or later. Failure to so file by these
21deadlines constitutes a forfeiture of the right to receive
22payment by the State until such claim is filed. The State
23Superintendent of Education shall voucher for payment those
24claims to the State Comptroller as provided in Section 18-11.
25    Except as otherwise provided in this Section, if any school

 

 

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1district fails to provide the minimum school term specified in
2Section 10-19, the State aid claim for that year shall be
3reduced by the State Superintendent of Education in an amount
4equivalent to 1/176 or .56818% for each day less than the
5number of days required by this Code.
6    If the State Superintendent of Education determines that
7the failure to provide the minimum school term was occasioned
8by an act or acts of God, or was occasioned by conditions
9beyond the control of the school district which posed a
10hazardous threat to the health and safety of pupils, the State
11aid claim need not be reduced.
12    If a school district is precluded from providing the
13minimum hours of instruction required for a full day of
14attendance due to an adverse weather condition or a condition
15beyond the control of the school district that poses a
16hazardous threat to the health and safety of students, then the
17partial day of attendance may be counted if (i) the school
18district has provided at least one hour of instruction prior to
19the closure of the school district, (ii) a school building has
20provided at least one hour of instruction prior to the closure
21of the school building, or (iii) the normal start time of the
22school district is delayed.
23    If, prior to providing any instruction, a school district
24must close one or more but not all school buildings after
25consultation with a local emergency response agency or due to a
26condition beyond the control of the school district, then the

 

 

10000SB1947ham004- 387 -LRB100 09675 MLM 28408 a

1school district may claim attendance for up to 2 school days
2based on the average attendance of the 3 school days
3immediately preceding the closure of the affected school
4building or, if approved by the State Board of Education,
5utilize the provisions of an e-learning program for the
6affected school building as prescribed in Section 10-20.56 of
7this Code. The partial or no day of attendance described in
8this Section and the reasons therefore shall be certified
9within a month of the closing or delayed start by the school
10district superintendent to the regional superintendent of
11schools for forwarding to the State Superintendent of Education
12for approval.
13    Other than the utilization of any e-learning days as
14prescribed in Section 10-20.56 of this Code, no exception to
15the requirement of providing a minimum school term may be
16approved by the State Superintendent of Education pursuant to
17this Section unless a school district has first used all
18emergency days provided for in its regular calendar.
19    If the State Superintendent of Education declares that an
20energy shortage exists during any part of the school year for
21the State or a designated portion of the State, a district may
22operate the school attendance centers within the district 4
23days of the week during the time of the shortage by extending
24each existing school day by one clock hour of school work, and
25the State aid claim shall not be reduced, nor shall the
26employees of that district suffer any reduction in salary or

 

 

10000SB1947ham004- 388 -LRB100 09675 MLM 28408 a

1benefits as a result thereof. A district may operate all
2attendance centers on this revised schedule, or may apply the
3schedule to selected attendance centers, taking into
4consideration such factors as pupil transportation schedules
5and patterns and sources of energy for individual attendance
6centers.
7    Electronically submitted State aid claims shall be
8submitted by duly authorized district individuals over a secure
9network that is password protected. The electronic submission
10of a State aid claim must be accompanied with an affirmation
11that all of the provisions of Sections 18-8.05, 10-22.5, and
1224-4 of this Code are met in all respects.
13(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16.)
 
14    (105 ILCS 5/26-16)
15    Sec. 26-16. Graduation incentives program.
16    (a) The General Assembly finds that it is critical to
17provide options for children to succeed in school. The purpose
18of this Section is to provide incentives for and encourage all
19Illinois students who have experienced or are experiencing
20difficulty in the traditional education system to enroll in
21alternative programs.
22    (b) Any student who is below the age of 20 years is
23eligible to enroll in a graduation incentives program if he or
24she:
25        (1) is considered a dropout pursuant to Section 26-2a

 

 

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1    of this Code;
2        (2) has been suspended or expelled pursuant to Section
3    10-22.6 or 34-19 of this Code;
4        (3) is pregnant or is a parent;
5        (4) has been assessed as chemically dependent; or
6        (5) is enrolled in a bilingual education or LEP
7    program.
8    (c) The following programs qualify as graduation
9incentives programs for students meeting the criteria
10established in this Section:
11        (1) Any public elementary or secondary education
12    graduation incentives program established by a school
13    district or by a regional office of education.
14        (2) Any alternative learning opportunities program
15    established pursuant to Article 13B of this Code.
16        (3) Vocational or job training courses approved by the
17    State Superintendent of Education that are available
18    through the Illinois public community college system.
19    Students may apply for reimbursement of 50% of tuition
20    costs for one course per semester or a maximum of 3 courses
21    per school year. Subject to available funds, students may
22    apply for reimbursement of up to 100% of tuition costs upon
23    a showing of employment within 6 months after completion of
24    a vocational or job training program. The qualifications
25    for reimbursement shall be established by the State
26    Superintendent of Education by rule.

 

 

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1        (4) Job and career programs approved by the State
2    Superintendent of Education that are available through
3    Illinois-accredited private business and vocational
4    schools. Subject to available funds, pupils may apply for
5    reimbursement of up to 100% of tuition costs upon a showing
6    of employment within 6 months after completion of a job or
7    career program. The State Superintendent of Education
8    shall establish, by rule, the qualifications for
9    reimbursement, criteria for determining reimbursement
10    amounts, and limits on reimbursement.
11        (5) Adult education courses that offer preparation for
12    high school equivalency testing.
13    (d) Graduation incentives programs established by school
14districts are entitled to claim general State aid and
15evidence-based funding, subject to Sections 13B-50, 13B-50.5,
16and 13B-50.10 of this Code. Graduation incentives programs
17operated by regional offices of education are entitled to
18receive general State aid and evidence-based funding at the
19foundation level of support per pupil enrolled. A school
20district must ensure that its graduation incentives program
21receives supplemental general State aid, transportation
22reimbursements, and special education resources, if
23appropriate, for students enrolled in the program.
24(Source: P.A. 98-718, eff. 1-1-15.)
 
25    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)

 

 

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1    (Text of Section before amendment by P.A. 99-927)
2    Sec. 27-8.1. Health examinations and immunizations.
3    (1) In compliance with rules and regulations which the
4Department of Public Health shall promulgate, and except as
5hereinafter provided, all children in Illinois shall have a
6health examination as follows: within one year prior to
7entering kindergarten or the first grade of any public,
8private, or parochial elementary school; upon entering the
9sixth and ninth grades of any public, private, or parochial
10school; prior to entrance into any public, private, or
11parochial nursery school; and, irrespective of grade,
12immediately prior to or upon entrance into any public, private,
13or parochial school or nursery school, each child shall present
14proof of having been examined in accordance with this Section
15and the rules and regulations promulgated hereunder. Any child
16who received a health examination within one year prior to
17entering the fifth grade for the 2007-2008 school year is not
18required to receive an additional health examination in order
19to comply with the provisions of Public Act 95-422 when he or
20she attends school for the 2008-2009 school year, unless the
21child is attending school for the first time as provided in
22this paragraph.
23    A tuberculosis skin test screening shall be included as a
24required part of each health examination included under this
25Section if the child resides in an area designated by the
26Department of Public Health as having a high incidence of

 

 

10000SB1947ham004- 392 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 393 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 394 -LRB100 09675 MLM 28408 a

1and regulations specifying the examinations and procedures
2that constitute a health examination, which shall include the
3collection of data relating to obesity (including at a minimum,
4date of birth, gender, height, weight, blood pressure, and date
5of exam), and a dental examination and may recommend by rule
6that certain additional examinations be performed. The rules
7and regulations of the Department of Public Health shall
8specify that a tuberculosis skin test screening shall be
9included as a required part of each health examination included
10under this Section if the child resides in an area designated
11by the Department of Public Health as having a high incidence
12of tuberculosis. The Department of Public Health shall specify
13that a diabetes screening as defined by rule shall be included
14as a required part of each health examination. Diabetes testing
15is not required.
16    Physicians licensed to practice medicine in all of its
17branches, licensed advanced practice nurses, or licensed
18physician assistants shall be responsible for the performance
19of the health examinations, other than dental examinations, eye
20examinations, and vision and hearing screening, and shall sign
21all report forms required by subsection (4) of this Section
22that pertain to those portions of the health examination for
23which the physician, advanced practice nurse, or physician
24assistant is responsible. If a registered nurse performs any
25part of a health examination, then a physician licensed to
26practice medicine in all of its branches must review and sign

 

 

10000SB1947ham004- 395 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 396 -LRB100 09675 MLM 28408 a

1been administered within the previous 12 months."
2    (3) Every child shall, at or about the same time as he or
3she receives a health examination required by subsection (1) of
4this Section, present to the local school proof of having
5received such immunizations against preventable communicable
6diseases as the Department of Public Health shall require by
7rules and regulations promulgated pursuant to this Section and
8the Communicable Disease Prevention Act.
9    (4) The individuals conducting the health examination,
10dental examination, or eye examination shall record the fact of
11having conducted the examination, and such additional
12information as required, including for a health examination
13data relating to obesity (including at a minimum, date of
14birth, gender, height, weight, blood pressure, and date of
15exam), on uniform forms which the Department of Public Health
16and the State Board of Education shall prescribe for statewide
17use. The examiner shall summarize on the report form any
18condition that he or she suspects indicates a need for special
19services, including for a health examination factors relating
20to obesity. The individuals confirming the administration of
21required immunizations shall record as indicated on the form
22that the immunizations were administered.
23    (5) If a child does not submit proof of having had either
24the health examination or the immunization as required, then
25the child shall be examined or receive the immunization, as the
26case may be, and present proof by October 15 of the current

 

 

10000SB1947ham004- 397 -LRB100 09675 MLM 28408 a

1school year, or by an earlier date of the current school year
2established by a school district. To establish a date before
3October 15 of the current school year for the health
4examination or immunization as required, a school district must
5give notice of the requirements of this Section 60 days prior
6to the earlier established date. If for medical reasons one or
7more of the required immunizations must be given after October
815 of the current school year, or after an earlier established
9date of the current school year, then the child shall present,
10by October 15, or by the earlier established date, a schedule
11for the administration of the immunizations and a statement of
12the medical reasons causing the delay, both the schedule and
13the statement being issued by the physician, advanced practice
14nurse, physician assistant, registered nurse, or local health
15department that will be responsible for administration of the
16remaining required immunizations. If a child does not comply by
17October 15, or by the earlier established date of the current
18school year, with the requirements of this subsection, then the
19local school authority shall exclude that child from school
20until such time as the child presents proof of having had the
21health examination as required and presents proof of having
22received those required immunizations which are medically
23possible to receive immediately. During a child's exclusion
24from school for noncompliance with this subsection, the child's
25parents or legal guardian shall be considered in violation of
26Section 26-1 and subject to any penalty imposed by Section

 

 

10000SB1947ham004- 398 -LRB100 09675 MLM 28408 a

126-10. This subsection (5) does not apply to dental
2examinations and eye examinations. If the student is an
3out-of-state transfer student and does not have the proof
4required under this subsection (5) before October 15 of the
5current year or whatever date is set by the school district,
6then he or she may only attend classes (i) if he or she has
7proof that an appointment for the required vaccinations has
8been scheduled with a party authorized to submit proof of the
9required vaccinations. If the proof of vaccination required
10under this subsection (5) is not submitted within 30 days after
11the student is permitted to attend classes, then the student is
12not to be permitted to attend classes until proof of the
13vaccinations has been properly submitted. No school district or
14employee of a school district shall be held liable for any
15injury or illness to another person that results from admitting
16an out-of-state transfer student to class that has an
17appointment scheduled pursuant to this subsection (5).
18    (6) Every school shall report to the State Board of
19Education by November 15, in the manner which that agency shall
20require, the number of children who have received the necessary
21immunizations and the health examination (other than a dental
22examination or eye examination) as required, indicating, of
23those who have not received the immunizations and examination
24as required, the number of children who are exempt from health
25examination and immunization requirements on religious or
26medical grounds as provided in subsection (8). On or before

 

 

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1December 1 of each year, every public school district and
2registered nonpublic school shall make publicly available the
3immunization data they are required to submit to the State
4Board of Education by November 15. The immunization data made
5publicly available must be identical to the data the school
6district or school has reported to the State Board of
7Education.
8    Every school shall report to the State Board of Education
9by June 30, in the manner that the State Board requires, the
10number of children who have received the required dental
11examination, indicating, of those who have not received the
12required dental examination, the number of children who are
13exempt from the dental examination on religious grounds as
14provided in subsection (8) of this Section and the number of
15children who have received a waiver under subsection (1.5) of
16this Section.
17    Every school shall report to the State Board of Education
18by June 30, in the manner that the State Board requires, the
19number of children who have received the required eye
20examination, indicating, of those who have not received the
21required eye examination, the number of children who are exempt
22from the eye examination as provided in subsection (8) of this
23Section, the number of children who have received a waiver
24under subsection (1.10) of this Section, and the total number
25of children in noncompliance with the eye examination
26requirement.

 

 

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1    The reported information under this subsection (6) shall be
2provided to the Department of Public Health by the State Board
3of Education.
4    (7) Upon determining that the number of pupils who are
5required to be in compliance with subsection (5) of this
6Section is below 90% of the number of pupils enrolled in the
7school district, 10% of each State aid payment made pursuant to
8Section 18-8.05 to the school district for such year may be
9withheld by the State Board of Education until the number of
10students in compliance with subsection (5) is the applicable
11specified percentage or higher.
12    (8) Children of parents or legal guardians who object to
13health, dental, or eye examinations or any part thereof, to
14immunizations, or to vision and hearing screening tests on
15religious grounds shall not be required to undergo the
16examinations, tests, or immunizations to which they so object
17if such parents or legal guardians present to the appropriate
18local school authority a signed Certificate of Religious
19Exemption detailing the grounds for objection and the specific
20immunizations, tests, or examinations to which they object. The
21grounds for objection must set forth the specific religious
22belief that conflicts with the examination, test,
23immunization, or other medical intervention. The signed
24certificate shall also reflect the parent's or legal guardian's
25understanding of the school's exclusion policies in the case of
26a vaccine-preventable disease outbreak or exposure. The

 

 

10000SB1947ham004- 401 -LRB100 09675 MLM 28408 a

1certificate must also be signed by the authorized examining
2health care provider responsible for the performance of the
3child's health examination confirming that the provider
4provided education to the parent or legal guardian on the
5benefits of immunization and the health risks to the student
6and to the community of the communicable diseases for which
7immunization is required in this State. However, the health
8care provider's signature on the certificate reflects only that
9education was provided and does not allow a health care
10provider grounds to determine a religious exemption. Those
11receiving immunizations required under this Code shall be
12provided with the relevant vaccine information statements that
13are required to be disseminated by the federal National
14Childhood Vaccine Injury Act of 1986, which may contain
15information on circumstances when a vaccine should not be
16administered, prior to administering a vaccine. A healthcare
17provider may consider including without limitation the
18nationally accepted recommendations from federal agencies such
19as the Advisory Committee on Immunization Practices, the
20information outlined in the relevant vaccine information
21statement, and vaccine package inserts, along with the
22healthcare provider's clinical judgment, to determine whether
23any child may be more susceptible to experiencing an adverse
24vaccine reaction than the general population, and, if so, the
25healthcare provider may exempt the child from an immunization
26or adopt an individualized immunization schedule. The

 

 

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1Certificate of Religious Exemption shall be created by the
2Department of Public Health and shall be made available and
3used by parents and legal guardians by the beginning of the
42015-2016 school year. Parents or legal guardians must submit
5the Certificate of Religious Exemption to their local school
6authority prior to entering kindergarten, sixth grade, and
7ninth grade for each child for which they are requesting an
8exemption. The religious objection stated need not be directed
9by the tenets of an established religious organization.
10However, general philosophical or moral reluctance to allow
11physical examinations, eye examinations, immunizations, vision
12and hearing screenings, or dental examinations does not provide
13a sufficient basis for an exception to statutory requirements.
14The local school authority is responsible for determining if
15the content of the Certificate of Religious Exemption
16constitutes a valid religious objection. The local school
17authority shall inform the parent or legal guardian of
18exclusion procedures, in accordance with the Department's
19rules under Part 690 of Title 77 of the Illinois Administrative
20Code, at the time the objection is presented.
21    If the physical condition of the child is such that any one
22or more of the immunizing agents should not be administered,
23the examining physician, advanced practice nurse, or physician
24assistant responsible for the performance of the health
25examination shall endorse that fact upon the health examination
26form.

 

 

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1    Exempting a child from the health, dental, or eye
2examination does not exempt the child from participation in the
3program of physical education training provided in Sections
427-5 through 27-7 of this Code.
5    (9) For the purposes of this Section, "nursery schools"
6means those nursery schools operated by elementary school
7systems or secondary level school units or institutions of
8higher learning.
9(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1099-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
 
11    (Text of Section after amendment by P.A. 99-927)
12    Sec. 27-8.1. Health examinations and immunizations.
13    (1) In compliance with rules and regulations which the
14Department of Public Health shall promulgate, and except as
15hereinafter provided, all children in Illinois shall have a
16health examination as follows: within one year prior to
17entering kindergarten or the first grade of any public,
18private, or parochial elementary school; upon entering the
19sixth and ninth grades of any public, private, or parochial
20school; prior to entrance into any public, private, or
21parochial nursery school; and, irrespective of grade,
22immediately prior to or upon entrance into any public, private,
23or parochial school or nursery school, each child shall present
24proof of having been examined in accordance with this Section
25and the rules and regulations promulgated hereunder. Any child

 

 

10000SB1947ham004- 404 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 405 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 406 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 407 -LRB100 09675 MLM 28408 a

1Health must develop rules and appropriate revisions to the
2Child Health Examination form in conjunction with a statewide
3organization representing school boards; a statewide
4organization representing pediatricians; statewide
5organizations representing individuals holding Illinois
6educator licenses with school support personnel endorsements,
7including school social workers, school psychologists, and
8school nurses; a statewide organization representing
9children's mental health experts; a statewide organization
10representing school principals; the Director of Healthcare and
11Family Services or his or her designee, the State
12Superintendent of Education or his or her designee; and
13representatives of other appropriate State agencies and, at a
14minimum, must recommend the use of validated screening tools
15appropriate to the child's age or grade, and, with regard to
16the social and emotional screening, require recording only
17whether or not the screening was completed. The rules shall
18take into consideration the screening recommendations of the
19American Academy of Pediatrics and must be consistent with the
20State Board of Education's social and emotional learning
21standards. The Department of Public Health shall specify that a
22diabetes screening as defined by rule shall be included as a
23required part of each health examination. Diabetes testing is
24not required.
25    Physicians licensed to practice medicine in all of its
26branches, licensed advanced practice nurses, or licensed

 

 

10000SB1947ham004- 408 -LRB100 09675 MLM 28408 a

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

 

 

10000SB1947ham004- 409 -LRB100 09675 MLM 28408 a

1Department of Public Health has certified. In these rules and
2regulations, the Department of Public Health shall require that
3individuals conducting vision screening tests give a child's
4parent or guardian written notification, before the vision
5screening is conducted, that states, "Vision screening is not a
6substitute for a complete eye and vision evaluation by an eye
7doctor. Your child is not required to undergo this vision
8screening if an optometrist or ophthalmologist has completed
9and signed a report form indicating that an examination has
10been administered within the previous 12 months."
11    (2.5) With respect to the developmental screening and the
12social and emotional screening portion of the health
13examination, each child may present proof of having been
14screened in accordance with this Section and the rules adopted
15under this Section before October 15th of the school year. With
16regard to the social and emotional screening only, the
17examining health care provider shall only record whether or not
18the screening was completed. If the child fails to present
19proof of the developmental screening or the social and
20emotional screening portions of the health examination by
21October 15th of the school year, qualified school support
22personnel may, with a parent's or guardian's consent, offer the
23developmental screening or the social and emotional screening
24to the child. Each public, private, and parochial school must
25give notice of the developmental screening and social and
26emotional screening requirements to the parents and guardians

 

 

10000SB1947ham004- 410 -LRB100 09675 MLM 28408 a

1of students in compliance with the rules of the Department of
2Public Health. Nothing in this Section shall be construed to
3allow a school to exclude a child from attending because of a
4parent's or guardian's failure to obtain a developmental
5screening or a social and emotional screening for the child.
6Once a developmental screening or a social and emotional
7screening is completed and proof has been presented to the
8school, the school may, with a parent's or guardian's consent,
9make available appropriate school personnel to work with the
10parent or guardian, the child, and the provider who signed the
11screening form to obtain any appropriate evaluations and
12services as indicated on the form and in other information and
13documentation provided by the parents, guardians, or provider.
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

 

 

10000SB1947ham004- 411 -LRB100 09675 MLM 28408 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 duty to summarize on the report form does not
7apply to social and emotional screenings. The confidentiality
8of the information and records relating to the developmental
9screening and the social and emotional screening shall be
10determined by the statutes, rules, and professional ethics
11governing the type of provider conducting the screening. The
12individuals confirming the administration of required
13immunizations shall record as indicated on the form that the
14immunizations were administered.
15    (5) If a child does not submit proof of having had either
16the health examination or the immunization as required, then
17the child shall be examined or receive the immunization, as the
18case may be, and present proof by October 15 of the current
19school year, or by an earlier date of the current school year
20established by a school district. To establish a date before
21October 15 of the current school year for the health
22examination or immunization as required, a school district must
23give notice of the requirements of this Section 60 days prior
24to the earlier established date. If for medical reasons one or
25more of the required immunizations must be given after October
2615 of the current school year, or after an earlier established

 

 

10000SB1947ham004- 412 -LRB100 09675 MLM 28408 a

1date of the current school year, then the child shall present,
2by October 15, or by the earlier established date, a schedule
3for the administration of the immunizations and a statement of
4the medical reasons causing the delay, both the schedule and
5the statement being issued by the physician, advanced practice
6nurse, physician assistant, registered nurse, or local health
7department that will be responsible for administration of the
8remaining required immunizations. If a child does not comply by
9October 15, or by the earlier established date of the current
10school year, with the requirements of this subsection, then the
11local school authority shall exclude that child from school
12until such time as the child presents proof of having had the
13health examination as required and presents proof of having
14received those required immunizations which are medically
15possible to receive immediately. During a child's exclusion
16from school for noncompliance with this subsection, the child's
17parents or legal guardian shall be considered in violation of
18Section 26-1 and subject to any penalty imposed by Section
1926-10. This subsection (5) does not apply to dental
20examinations, eye examinations, and the developmental
21screening and the social and emotional screening portions of
22the health examination. If the student is an out-of-state
23transfer student and does not have the proof required under
24this subsection (5) before October 15 of the current year or
25whatever date is set by the school district, then he or she may
26only attend classes (i) if he or she has proof that an

 

 

10000SB1947ham004- 413 -LRB100 09675 MLM 28408 a

1appointment for the required vaccinations has been scheduled
2with a party authorized to submit proof of the required
3vaccinations. If the proof of vaccination required under this
4subsection (5) is not submitted within 30 days after the
5student is permitted to attend classes, then the student is not
6to be permitted to attend classes until proof of the
7vaccinations has been properly submitted. No school district or
8employee of a school district shall be held liable for any
9injury or illness to another person that results from admitting
10an out-of-state transfer student to class that has an
11appointment scheduled pursuant to this subsection (5).
12    (6) Every school shall report to the State Board of
13Education by November 15, in the manner which that agency shall
14require, the number of children who have received the necessary
15immunizations and the health examination (other than a dental
16examination or eye examination) as required, indicating, of
17those who have not received the immunizations and examination
18as required, the number of children who are exempt from health
19examination and immunization requirements on religious or
20medical grounds as provided in subsection (8). On or before
21December 1 of each year, every public school district and
22registered nonpublic school shall make publicly available the
23immunization data they are required to submit to the State
24Board of Education by November 15. The immunization data made
25publicly available must be identical to the data the school
26district or school has reported to the State Board of

 

 

10000SB1947ham004- 414 -LRB100 09675 MLM 28408 a

1Education.
2    Every school shall report to the State Board of Education
3by June 30, in the manner that the State Board requires, the
4number of children who have received the required dental
5examination, indicating, of those who have not received the
6required dental examination, the number of children who are
7exempt from the dental examination on religious grounds as
8provided in subsection (8) of this Section and the number of
9children who have received a waiver under subsection (1.5) of
10this Section.
11    Every school shall report to the State Board of Education
12by June 30, in the manner that the State Board requires, the
13number of children who have received the required eye
14examination, indicating, of those who have not received the
15required eye examination, the number of children who are exempt
16from the eye examination as provided in subsection (8) of this
17Section, the number of children who have received a waiver
18under subsection (1.10) of this Section, and the total number
19of children in noncompliance with the eye examination
20requirement.
21    The reported information under this subsection (6) shall be
22provided to the Department of Public Health by the State Board
23of Education.
24    (7) Upon determining that the number of pupils who are
25required to be in compliance with subsection (5) of this
26Section is below 90% of the number of pupils enrolled in the

 

 

10000SB1947ham004- 415 -LRB100 09675 MLM 28408 a

1school district, 10% of each State aid payment made pursuant to
2Section 18-8.05 or 18-8.15 to the school district for such year
3may be withheld by the State Board of Education until the
4number of students in compliance with subsection (5) is the
5applicable specified percentage or higher.
6    (8) Children of parents or legal guardians who object to
7health, dental, or eye examinations or any part thereof, to
8immunizations, or to vision and hearing screening tests on
9religious grounds shall not be required to undergo the
10examinations, tests, or immunizations to which they so object
11if such parents or legal guardians present to the appropriate
12local school authority a signed Certificate of Religious
13Exemption detailing the grounds for objection and the specific
14immunizations, tests, or examinations to which they object. The
15grounds for objection must set forth the specific religious
16belief that conflicts with the examination, test,
17immunization, or other medical intervention. The signed
18certificate shall also reflect the parent's or legal guardian's
19understanding of the school's exclusion policies in the case of
20a vaccine-preventable disease outbreak or exposure. The
21certificate must also be signed by the authorized examining
22health care provider responsible for the performance of the
23child's health examination confirming that the provider
24provided education to the parent or legal guardian on the
25benefits of immunization and the health risks to the student
26and to the community of the communicable diseases for which

 

 

10000SB1947ham004- 416 -LRB100 09675 MLM 28408 a

1immunization is required in this State. However, the health
2care provider's signature on the certificate reflects only that
3education was provided and does not allow a health care
4provider grounds to determine a religious exemption. Those
5receiving immunizations required under this Code shall be
6provided with the relevant vaccine information statements that
7are required to be disseminated by the federal National
8Childhood Vaccine Injury Act of 1986, which may contain
9information on circumstances when a vaccine should not be
10administered, prior to administering a vaccine. A healthcare
11provider may consider including without limitation the
12nationally accepted recommendations from federal agencies such
13as the Advisory Committee on Immunization Practices, the
14information outlined in the relevant vaccine information
15statement, and vaccine package inserts, along with the
16healthcare provider's clinical judgment, to determine whether
17any child may be more susceptible to experiencing an adverse
18vaccine reaction than the general population, and, if so, the
19healthcare provider may exempt the child from an immunization
20or adopt an individualized immunization schedule. The
21Certificate of Religious Exemption shall be created by the
22Department of Public Health and shall be made available and
23used by parents and legal guardians by the beginning of the
242015-2016 school year. Parents or legal guardians must submit
25the Certificate of Religious Exemption to their local school
26authority prior to entering kindergarten, sixth grade, and

 

 

10000SB1947ham004- 417 -LRB100 09675 MLM 28408 a

1ninth grade for each child for which they are requesting an
2exemption. The religious objection stated need not be directed
3by the tenets of an established religious organization.
4However, general philosophical or moral reluctance to allow
5physical examinations, eye examinations, immunizations, vision
6and hearing screenings, or dental examinations does not provide
7a sufficient basis for an exception to statutory requirements.
8The local school authority is responsible for determining if
9the content of the Certificate of Religious Exemption
10constitutes a valid religious objection. The local school
11authority shall inform the parent or legal guardian of
12exclusion procedures, in accordance with the Department's
13rules under Part 690 of Title 77 of the Illinois Administrative
14Code, at the time the objection is presented.
15    If the physical condition of the child is such that any one
16or more of the immunizing agents should not be administered,
17the examining physician, advanced practice nurse, or physician
18assistant responsible for the performance of the health
19examination shall endorse that fact upon the health examination
20form.
21    Exempting a child from the health, dental, or eye
22examination does not exempt the child from participation in the
23program of physical education training provided in Sections
2427-5 through 27-7 of this Code.
25    (9) For the purposes of this Section, "nursery schools"
26means those nursery schools operated by elementary school

 

 

10000SB1947ham004- 418 -LRB100 09675 MLM 28408 a

1systems or secondary level school units or institutions of
2higher learning.
3(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
499-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
56-1-17.)
 
6    (105 ILCS 5/27A-9)
7    Sec. 27A-9. Term of charter; renewal.
8    (a) For charters granted before January 1, 2017 (the
9effective date of Public Act 99-840) this amendatory Act of the
1099th General Assembly, a charter may be granted for a period
11not less than 5 and not more than 10 school years. For charters
12granted on or after January 1, 2017 (the effective date of
13Public Act 99-840) this amendatory Act of the 99th General
14Assembly, a charter shall be granted for a period of 5 school
15years. For charters renewed before January 1, 2017 (the
16effective date of Public Act 99-840) this amendatory Act of the
1799th General Assembly, a charter may be renewed in incremental
18periods not to exceed 5 school years. For charters renewed on
19or after January 1, 2017 (the effective date of Public Act
2099-840) this amendatory Act of the 99th General Assembly, a
21charter may be renewed in incremental periods not to exceed 10
22school years; however, the Commission may renew a charter only
23in incremental periods not to exceed 5 years. Authorizers shall
24ensure that every charter granted on or after January 1, 2017
25(the effective date of Public Act 99-840) this amendatory Act

 

 

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1of the 99th General Assembly includes standards and goals for
2academic, organizational, and financial performance. A charter
3must meet all standards and goals for academic, organizational,
4and financial performance set forth by the authorizer in order
5to be renewed for a term in excess of 5 years but not more than
610 years. If an authorizer fails to establish standards and
7goals, a charter shall not be renewed for a term in excess of 5
8years. Nothing contained in this Section shall require an
9authorizer to grant a full 10-year renewal term to any
10particular charter school, but an authorizer may award a full
1110-year renewal term to charter schools that have a
12demonstrated track record of improving student performance.
13    (b) A charter school renewal proposal submitted to the
14local school board or the Commission, as the chartering entity,
15shall contain:
16        (1) A report on the progress of the charter school in
17    achieving the goals, objectives, pupil performance
18    standards, content standards, and other terms of the
19    initial approved charter proposal; and
20        (2) A financial statement that discloses the costs of
21    administration, instruction, and other spending categories
22    for the charter school that is understandable to the
23    general public and that will allow comparison of those
24    costs to other schools or other comparable organizations,
25    in a format required by the State Board.
26    (c) A charter may be revoked or not renewed if the local

 

 

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1school board or the Commission, as the chartering entity,
2clearly demonstrates that the charter school did any of the
3following, or otherwise failed to comply with the requirements
4of this law:
5        (1) Committed a material violation of any of the
6    conditions, standards, or procedures set forth in the
7    charter.
8        (2) Failed to meet or make reasonable progress toward
9    achievement of the content standards or pupil performance
10    standards identified in the charter.
11        (3) Failed to meet generally accepted standards of
12    fiscal management.
13        (4) Violated any provision of law from which the
14    charter school was not exempted.
15    In the case of revocation, the local school board or the
16Commission, as the chartering entity, shall notify the charter
17school in writing of the reason why the charter is subject to
18revocation. The charter school shall submit a written plan to
19the local school board or the Commission, whichever is
20applicable, to rectify the problem. The plan shall include a
21timeline for implementation, which shall not exceed 2 years or
22the date of the charter's expiration, whichever is earlier. If
23the local school board or the Commission, as the chartering
24entity, finds that the charter school has failed to implement
25the plan of remediation and adhere to the timeline, then the
26chartering entity shall revoke the charter. Except in

 

 

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1situations of an emergency where the health, safety, or
2education of the charter school's students is at risk, the
3revocation shall take place at the end of a school year.
4Nothing in Public Act 96-105 this amendatory Act of the 96th
5General Assembly shall be construed to prohibit an
6implementation timetable that is less than 2 years in duration.
7    (d) (Blank).
8    (e) Notice of a local school board's decision to deny,
9revoke, or not to renew a charter shall be provided to the
10Commission and the State Board. The Commission may reverse a
11local board's decision if the Commission finds that the charter
12school or charter school proposal (i) is in compliance with
13this Article, and (ii) is in the best interests of the students
14it is designed to serve. The Commission may condition the
15granting of an appeal on the acceptance by the charter school
16of funding in an amount less than that requested in the
17proposal submitted to the local school board. Final decisions
18of the Commission shall be subject to judicial review under the
19Administrative Review Law.
20    (f) Notwithstanding other provisions of this Article, if
21the Commission on appeal reverses a local board's decision or
22if a charter school is approved by referendum, the Commission
23shall act as the authorized chartering entity for the charter
24school. The Commission shall approve the charter and shall
25perform all functions under this Article otherwise performed by
26the local school board. The State Board shall determine whether

 

 

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1the charter proposal approved by the Commission is consistent
2with the provisions of this Article and, if the approved
3proposal complies, certify the proposal pursuant to this
4Article. The State Board shall report the aggregate number of
5charter school pupils resident in a school district to that
6district and shall notify the district of the amount of funding
7to be paid by the State Board to the charter school enrolling
8such students. The Commission shall require the charter school
9to maintain accurate records of daily attendance that shall be
10deemed sufficient to file claims under Section 18-8.05 or
1118-8.15 notwithstanding any other requirements of that Section
12regarding hours of instruction and teacher certification. The
13State Board shall withhold from funds otherwise due the
14district the funds authorized by this Article to be paid to the
15charter school and shall pay such amounts to the charter
16school.
17    (g) For charter schools authorized by the Commission, the
18Commission shall quarterly certify to the State Board the
19student enrollment for each of its charter schools.
20    (h) For charter schools authorized by the Commission, the
21State Board shall pay directly to a charter school any federal
22or State aid attributable to a student with a disability
23attending the school.
24(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17;
25revised 10-27-16.)
 

 

 

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1    (105 ILCS 5/27A-11)
2    Sec. 27A-11. Local financing.
3    (a) For purposes of the School Code, pupils enrolled in a
4charter school shall be included in the pupil enrollment of the
5school district within which the pupil resides. Each charter
6school (i) shall determine the school district in which each
7pupil who is enrolled in the charter school resides, (ii) shall
8report the aggregate number of pupils resident of a school
9district who are enrolled in the charter school to the school
10district in which those pupils reside, and (iii) shall maintain
11accurate records of daily attendance that shall be deemed
12sufficient to file claims under Section 18-8 or 18-8.15
13notwithstanding any other requirements of that Section
14regarding hours of instruction and teacher certification.
15    (b) Except for a charter school established by referendum
16under Section 27A-6.5, as part of a charter school contract,
17the charter school and the local school board shall agree on
18funding and any services to be provided by the school district
19to the charter school. Agreed funding that a charter school is
20to receive from the local school board for a school year shall
21be paid in equal quarterly installments with the payment of the
22installment for the first quarter being made not later than
23July 1, unless the charter establishes a different payment
24schedule. However, if a charter school dismisses a pupil from
25the charter school after receiving a quarterly payment, the
26charter school shall return to the school district, on a

 

 

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1quarterly basis, the prorated portion of public funding
2provided for the education of that pupil for the time the
3student is not enrolled at the charter school. Likewise, if a
4pupil transfers to a charter school between quarterly payments,
5the school district shall provide, on a quarterly basis, a
6prorated portion of the public funding to the charter school to
7provide for the education of that pupil.
8    All services centrally or otherwise provided by the school
9district including, but not limited to, rent, food services,
10custodial services, maintenance, curriculum, media services,
11libraries, transportation, and warehousing shall be subject to
12negotiation between a charter school and the local school board
13and paid for out of the revenues negotiated pursuant to this
14subsection (b); provided that the local school board shall not
15attempt, by negotiation or otherwise, to obligate a charter
16school to provide pupil transportation for pupils for whom a
17district is not required to provide transportation under the
18criteria set forth in subsection (a)(13) of Section 27A-7.
19    In no event shall the funding be less than 97% 75% or more
20than 103% 125% of the school district's per capita student
21tuition multiplied by the number of students residing in the
22district who are enrolled in the charter school.
23    It is the intent of the General Assembly that funding and
24service agreements under this subsection (b) shall be neither a
25financial incentive nor a financial disincentive to the
26establishment of a charter school.

 

 

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1    The charter school may set and collect reasonable fees.
2Fees collected from students enrolled at a charter school shall
3be retained by the charter school.
4    (c) Notwithstanding subsection (b) of this Section, the
5proportionate share of State and federal resources generated by
6students with disabilities or staff serving them shall be
7directed to charter schools enrolling those students by their
8school districts or administrative units. The proportionate
9share of moneys generated under other federal or State
10categorical aid programs shall be directed to charter schools
11serving students eligible for that aid.
12    (d) The governing body of a charter school is authorized to
13accept gifts, donations, or grants of any kind made to the
14charter school and to expend or use gifts, donations, or grants
15in accordance with the conditions prescribed by the donor;
16however, a gift, donation, or grant may not be accepted by the
17governing body if it is subject to any condition contrary to
18applicable law or contrary to the terms of the contract between
19the charter school and the local school board. Charter schools
20shall be encouraged to solicit and utilize community volunteer
21speakers and other instructional resources when providing
22instruction on the Holocaust and other historical events.
23    (e) (Blank).
24    (f) The Commission shall provide technical assistance to
25persons and groups preparing or revising charter applications.
26    (g) At the non-renewal or revocation of its charter, each

 

 

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1charter school shall refund to the local board of education all
2unspent funds.
3    (h) A charter school is authorized to incur temporary,
4short term debt to pay operating expenses in anticipation of
5receipt of funds from the local school board.
6(Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; 99-78,
7eff. 7-20-15.)
 
8    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
9    Sec. 29-5. Reimbursement by State for transportation. Any
10school district, maintaining a school, transporting resident
11pupils to another school district's vocational program,
12offered through a joint agreement approved by the State Board
13of Education, as provided in Section 10-22.22 or transporting
14its resident pupils to a school which meets the standards for
15recognition as established by the State Board of Education
16which provides transportation meeting the standards of safety,
17comfort, convenience, efficiency and operation prescribed by
18the State Board of Education for resident pupils in
19kindergarten or any of grades 1 through 12 who: (a) reside at
20least 1 1/2 miles as measured by the customary route of travel,
21from the school attended; or (b) reside in areas where
22conditions are such that walking constitutes a hazard to the
23safety of the child when determined under Section 29-3; and (c)
24are transported to the school attended from pick-up points at
25the beginning of the school day and back again at the close of

 

 

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1the school day or transported to and from their assigned
2attendance centers during the school day, shall be reimbursed
3by the State as hereinafter provided in this Section.
4    The State will pay the cost of transporting eligible pupils
5less the prior year assessed valuation in a dual school
6district maintaining secondary grades 9 to 12 inclusive times a
7qualifying rate of .05%; in elementary school districts
8maintaining grades K to 8 times a qualifying rate of .06%; and
9in unit districts maintaining grades K to 12, including
10optional elementary unit districts and combined high school -
11unit districts, times a qualifying rate of .07%; provided that
12for optional elementary unit districts and combined high school -
13 unit districts, prior year assessed valuation for high school
14purposes, as defined in Article 11E of this Code, must be used.
15To be eligible to receive reimbursement in excess of 4/5 of the
16cost to transport eligible pupils, a school district shall have
17a Transportation Fund tax rate of at least .12%. If a school
18district does not have a .12% Transportation Fund tax rate, the
19amount of its claim in excess of 4/5 of the cost of
20transporting pupils shall be reduced by the sum arrived at by
21subtracting the Transportation Fund tax rate from .12% and
22multiplying that amount by the district's prior year districts
23equalized or assessed valuation, provided, that in no case
24shall said reduction result in reimbursement of less than 4/5
25of the cost to transport eligible pupils.
26    The minimum amount to be received by a district is $16

 

 

10000SB1947ham004- 428 -LRB100 09675 MLM 28408 a

1times the number of eligible pupils transported.
2    When calculating the reimbursement for transportation
3costs, the State Board of Education may not deduct the number
4of pupils enrolled in early education programs from the number
5of pupils eligible for reimbursement if the pupils enrolled in
6the early education programs are transported at the same time
7as other eligible pupils.
8    Any such district transporting resident pupils during the
9school day to an area vocational school or another school
10district's vocational program more than 1 1/2 miles from the
11school attended, as provided in Sections 10-22.20a and
1210-22.22, shall be reimbursed by the State for 4/5 of the cost
13of transporting eligible pupils.
14    School day means that period of time which the pupil is
15required to be in attendance for instructional purposes.
16    If a pupil is at a location within the school district
17other than his residence for child care purposes at the time
18for transportation to school, that location may be considered
19for purposes of determining the 1 1/2 miles from the school
20attended.
21    Claims for reimbursement that include children who attend
22any school other than a public school shall show the number of
23such children transported.
24    Claims for reimbursement under this Section shall not be
25paid for the transportation of pupils for whom transportation
26costs are claimed for payment under other Sections of this Act.

 

 

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1    The allowable direct cost of transporting pupils for
2regular, vocational, and special education pupil
3transportation shall be limited to the sum of the cost of
4physical examinations required for employment as a school bus
5driver; the salaries of full or part-time drivers and school
6bus maintenance personnel; employee benefits excluding
7Illinois municipal retirement payments, social security
8payments, unemployment insurance payments and workers'
9compensation insurance premiums; expenditures to independent
10carriers who operate school buses; payments to other school
11districts for pupil transportation services; pre-approved
12contractual expenditures for computerized bus scheduling; the
13cost of gasoline, oil, tires, and other supplies necessary for
14the operation of school buses; the cost of converting buses'
15gasoline engines to more fuel efficient engines or to engines
16which use alternative energy sources; the cost of travel to
17meetings and workshops conducted by the regional
18superintendent or the State Superintendent of Education
19pursuant to the standards established by the Secretary of State
20under Section 6-106 of the Illinois Vehicle Code to improve the
21driving skills of school bus drivers; the cost of maintenance
22of school buses including parts and materials used;
23expenditures for leasing transportation vehicles, except
24interest and service charges; the cost of insurance and
25licenses for transportation vehicles; expenditures for the
26rental of transportation equipment; plus a depreciation

 

 

10000SB1947ham004- 430 -LRB100 09675 MLM 28408 a

1allowance of 20% for 5 years for school buses and vehicles
2approved for transporting pupils to and from school and a
3depreciation allowance of 10% for 10 years for other
4transportation equipment so used. Each school year, if a school
5district has made expenditures to the Regional Transportation
6Authority or any of its service boards, a mass transit
7district, or an urban transportation district under an
8intergovernmental agreement with the district to provide for
9the transportation of pupils and if the public transit carrier
10received direct payment for services or passes from a school
11district within its service area during the 2000-2001 school
12year, then the allowable direct cost of transporting pupils for
13regular, vocational, and special education pupil
14transportation shall also include the expenditures that the
15district has made to the public transit carrier. In addition to
16the above allowable costs school districts shall also claim all
17transportation supervisory salary costs, including Illinois
18municipal retirement payments, and all transportation related
19building and building maintenance costs without limitation.
20    Special education allowable costs shall also include
21expenditures for the salaries of attendants or aides for that
22portion of the time they assist special education pupils while
23in transit and expenditures for parents and public carriers for
24transporting special education pupils when pre-approved by the
25State Superintendent of Education.
26    Indirect costs shall be included in the reimbursement claim

 

 

10000SB1947ham004- 431 -LRB100 09675 MLM 28408 a

1for districts which own and operate their own school buses.
2Such indirect costs shall include administrative costs, or any
3costs attributable to transporting pupils from their
4attendance centers to another school building for
5instructional purposes. No school district which owns and
6operates its own school buses may claim reimbursement for
7indirect costs which exceed 5% of the total allowable direct
8costs for pupil transportation.
9    The State Board of Education shall prescribe uniform
10regulations for determining the above standards and shall
11prescribe forms of cost accounting and standards of determining
12reasonable depreciation. Such depreciation shall include the
13cost of equipping school buses with the safety features
14required by law or by the rules, regulations and standards
15promulgated by the State Board of Education, and the Department
16of Transportation for the safety and construction of school
17buses provided, however, any equipment cost reimbursed by the
18Department of Transportation for equipping school buses with
19such safety equipment shall be deducted from the allowable cost
20in the computation of reimbursement under this Section in the
21same percentage as the cost of the equipment is depreciated.
22    On or before August 15, annually, the chief school
23administrator for the district shall certify to the State
24Superintendent of Education the district's claim for
25reimbursement for the school year ending on June 30 next
26preceding. The State Superintendent of Education shall check

 

 

10000SB1947ham004- 432 -LRB100 09675 MLM 28408 a

1and approve the claims and prepare the vouchers showing the
2amounts due for district reimbursement claims. Each fiscal
3year, the State Superintendent of Education shall prepare and
4transmit the first 3 vouchers to the Comptroller on the 30th
5day of September, December and March, respectively, and the
6final voucher, no later than June 20.
7    If the amount appropriated for transportation
8reimbursement is insufficient to fund total claims for any
9fiscal year, the State Board of Education shall reduce each
10school district's allowable costs and flat grant amount
11proportionately to make total adjusted claims equal the total
12amount appropriated.
13    For purposes of calculating claims for reimbursement under
14this Section for any school year beginning July 1, 1998, or
15thereafter, the equalized assessed valuation for a school
16district used to compute reimbursement shall be computed in the
17same manner as it is computed under paragraph (2) of subsection
18(G) of Section 18-8.05.
19    All reimbursements received from the State shall be
20deposited into the district's transportation fund or into the
21fund from which the allowable expenditures were made.
22    Notwithstanding any other provision of law, any school
23district receiving a payment under this Section or under
24Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
25classify all or a portion of the funds that it receives in a
26particular fiscal year or from general State aid pursuant to

 

 

10000SB1947ham004- 433 -LRB100 09675 MLM 28408 a

1Section 18-8.05 of this Code as funds received in connection
2with any funding program for which it is entitled to receive
3funds from the State in that fiscal year (including, without
4limitation, any funding program referenced in this Section),
5regardless of the source or timing of the receipt. The district
6may not classify more funds as funds received in connection
7with the funding program than the district is entitled to
8receive in that fiscal year for that program. Any
9classification by a district must be made by a resolution of
10its board of education. The resolution must identify the amount
11of any payments or general State aid to be classified under
12this paragraph and must specify the funding program to which
13the funds are to be treated as received in connection
14therewith. This resolution is controlling as to the
15classification of funds referenced therein. A certified copy of
16the resolution must be sent to the State Superintendent of
17Education. The resolution shall still take effect even though a
18copy of the resolution has not been sent to the State
19Superintendent of Education in a timely manner. No
20classification under this paragraph by a district shall affect
21the total amount or timing of money the district is entitled to
22receive under this Code. No classification under this paragraph
23by a district shall in any way relieve the district from or
24affect any requirements that otherwise would apply with respect
25to that funding program, including any accounting of funds by
26source, reporting expenditures by original source and purpose,

 

 

10000SB1947ham004- 434 -LRB100 09675 MLM 28408 a

1reporting requirements, or requirements of providing services.
2    Any school district with a population of not more than
3500,000 must deposit all funds received under this Article into
4the transportation fund and use those funds for the provision
5of transportation services.
6(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
 
7    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
8    Sec. 34-2.3. Local school councils - Powers and duties.
9Each local school council shall have and exercise, consistent
10with the provisions of this Article and the powers and duties
11of the board of education, the following powers and duties:
12    1. (A) To annually evaluate the performance of the
13principal of the attendance center using a Board approved
14principal evaluation form, which shall include the evaluation
15of (i) student academic improvement, as defined by the school
16improvement plan, (ii) student absenteeism rates at the school,
17(iii) instructional leadership, (iv) the effective
18implementation of programs, policies, or strategies to improve
19student academic achievement, (v) school management, and (vi)
20any other factors deemed relevant by the local school council,
21including, without limitation, the principal's communication
22skills and ability to create and maintain a student-centered
23learning environment, to develop opportunities for
24professional development, and to encourage parental
25involvement and community partnerships to achieve school

 

 

10000SB1947ham004- 435 -LRB100 09675 MLM 28408 a

1improvement;
2    (B) to determine in the manner provided by subsection (c)
3of Section 34-2.2 and subdivision 1.5 of this Section whether
4the performance contract of the principal shall be renewed; and
5    (C) to directly select, in the manner provided by
6subsection (c) of Section 34-2.2, a new principal (including a
7new principal to fill a vacancy) -- without submitting any list
8of candidates for that position to the general superintendent
9as provided in paragraph 2 of this Section -- to serve under a
104 year performance contract; provided that (i) the
11determination of whether the principal's performance contract
12is to be renewed, based upon the evaluation required by
13subdivision 1.5 of this Section, shall be made no later than
14150 days prior to the expiration of the current
15performance-based contract of the principal, (ii) in cases
16where such performance contract is not renewed -- a direct
17selection of a new principal -- to serve under a 4 year
18performance contract shall be made by the local school council
19no later than 45 days prior to the expiration of the current
20performance contract of the principal, and (iii) a selection by
21the local school council of a new principal to fill a vacancy
22under a 4 year performance contract shall be made within 90
23days after the date such vacancy occurs. A Council shall be
24required, if requested by the principal, to provide in writing
25the reasons for the council's not renewing the principal's
26contract.

 

 

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1    1.5. The local school council's determination of whether to
2renew the principal's contract shall be based on an evaluation
3to assess the educational and administrative progress made at
4the school during the principal's current performance-based
5contract. The local school council shall base its evaluation on
6(i) student academic improvement, as defined by the school
7improvement plan, (ii) student absenteeism rates at the school,
8(iii) instructional leadership, (iv) the effective
9implementation of programs, policies, or strategies to improve
10student academic achievement, (v) school management, and (vi)
11any other factors deemed relevant by the local school council,
12including, without limitation, the principal's communication
13skills and ability to create and maintain a student-centered
14learning environment, to develop opportunities for
15professional development, and to encourage parental
16involvement and community partnerships to achieve school
17improvement. If a local school council fails to renew the
18performance contract of a principal rated by the general
19superintendent, or his or her designee, in the previous years'
20evaluations as meeting or exceeding expectations, the
21principal, within 15 days after the local school council's
22decision not to renew the contract, may request a review of the
23local school council's principal non-retention decision by a
24hearing officer appointed by the American Arbitration
25Association. A local school council member or members or the
26general superintendent may support the principal's request for

 

 

10000SB1947ham004- 437 -LRB100 09675 MLM 28408 a

1review. During the period of the hearing officer's review of
2the local school council's decision on whether or not to retain
3the principal, the local school council shall maintain all
4authority to search for and contract with a person to serve as
5interim or acting principal, or as the principal of the
6attendance center under a 4-year performance contract,
7provided that any performance contract entered into by the
8local school council shall be voidable or modified in
9accordance with the decision of the hearing officer. The
10principal may request review only once while at that attendance
11center. If a local school council renews the contract of a
12principal who failed to obtain a rating of "meets" or "exceeds
13expectations" in the general superintendent's evaluation for
14the previous year, the general superintendent, within 15 days
15after the local school council's decision to renew the
16contract, may request a review of the local school council's
17principal retention decision by a hearing officer appointed by
18the American Arbitration Association. The general
19superintendent may request a review only once for that
20principal at that attendance center. All requests to review the
21retention or non-retention of a principal shall be submitted to
22the general superintendent, who shall, in turn, forward such
23requests, within 14 days of receipt, to the American
24Arbitration Association. The general superintendent shall send
25a contemporaneous copy of the request that was forwarded to the
26American Arbitration Association to the principal and to each

 

 

10000SB1947ham004- 438 -LRB100 09675 MLM 28408 a

1local school council member and shall inform the local school
2council of its rights and responsibilities under the
3arbitration process, including the local school council's
4right to representation and the manner and process by which the
5Board shall pay the costs of the council's representation. If
6the local school council retains the principal and the general
7superintendent requests a review of the retention decision, the
8local school council and the general superintendent shall be
9considered parties to the arbitration, a hearing officer shall
10be chosen between those 2 parties pursuant to procedures
11promulgated by the State Board of Education, and the principal
12may retain counsel and participate in the arbitration. If the
13local school council does not retain the principal and the
14principal requests a review of the retention decision, the
15local school council and the principal shall be considered
16parties to the arbitration and a hearing officer shall be
17chosen between those 2 parties pursuant to procedures
18promulgated by the State Board of Education. The hearing shall
19begin (i) within 45 days after the initial request for review
20is submitted by the principal to the general superintendent or
21(ii) if the initial request for review is made by the general
22superintendent, within 45 days after that request is mailed to
23the American Arbitration Association. The hearing officer
24shall render a decision within 45 days after the hearing begins
25and within 90 days after the initial request for review. The
26Board shall contract with the American Arbitration Association

 

 

10000SB1947ham004- 439 -LRB100 09675 MLM 28408 a

1for all of the hearing officer's reasonable and necessary
2costs. In addition, the Board shall pay any reasonable costs
3incurred by a local school council for representation before a
4hearing officer.
5    1.10. The hearing officer shall conduct a hearing, which
6shall include (i) a review of the principal's performance,
7evaluations, and other evidence of the principal's service at
8the school, (ii) reasons provided by the local school council
9for its decision, and (iii) documentation evidencing views of
10interested persons, including, without limitation, students,
11parents, local school council members, school faculty and
12staff, the principal, the general superintendent or his or her
13designee, and members of the community. The burden of proof in
14establishing that the local school council's decision was
15arbitrary and capricious shall be on the party requesting the
16arbitration, and this party shall sustain the burden by a
17preponderance of the evidence. The hearing officer shall set
18the local school council decision aside if that decision, in
19light of the record developed at the hearing, is arbitrary and
20capricious. The decision of the hearing officer may not be
21appealed to the Board or the State Board of Education. If the
22hearing officer decides that the principal shall be retained,
23the retention period shall not exceed 2 years.
24    2. In the event (i) the local school council does not renew
25the performance contract of the principal, or the principal
26fails to receive a satisfactory rating as provided in

 

 

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1subsection (h) of Section 34-8.3, or the principal is removed
2for cause during the term of his or her performance contract in
3the manner provided by Section 34-85, or a vacancy in the
4position of principal otherwise occurs prior to the expiration
5of the term of a principal's performance contract, and (ii) the
6local school council fails to directly select a new principal
7to serve under a 4 year performance contract, the local school
8council in such event shall submit to the general
9superintendent a list of 3 candidates -- listed in the local
10school council's order of preference -- for the position of
11principal, one of which shall be selected by the general
12superintendent to serve as principal of the attendance center.
13If the general superintendent fails or refuses to select one of
14the candidates on the list to serve as principal within 30 days
15after being furnished with the candidate list, the general
16superintendent shall select and place a principal on an interim
17basis (i) for a period not to exceed one year or (ii) until the
18local school council selects a new principal with 7 affirmative
19votes as provided in subsection (c) of Section 34-2.2,
20whichever occurs first. If the local school council fails or
21refuses to select and appoint a new principal, as specified by
22subsection (c) of Section 34-2.2, the general superintendent
23may select and appoint a new principal on an interim basis for
24an additional year or until a new contract principal is
25selected by the local school council. There shall be no
26discrimination on the basis of race, sex, creed, color or

 

 

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1disability unrelated to ability to perform in connection with
2the submission of candidates for, and the selection of a
3candidate to serve as principal of an attendance center. No
4person shall be directly selected, listed as a candidate for,
5or selected to serve as principal of an attendance center (i)
6if such person has been removed for cause from employment by
7the Board or (ii) if such person does not hold a valid
8administrative certificate issued or exchanged under Article
921 and endorsed as required by that Article for the position of
10principal. A principal whose performance contract is not
11renewed as provided under subsection (c) of Section 34-2.2 may
12nevertheless, if otherwise qualified and certified as herein
13provided and if he or she has received a satisfactory rating as
14provided in subsection (h) of Section 34-8.3, be included by a
15local school council as one of the 3 candidates listed in order
16of preference on any candidate list from which one person is to
17be selected to serve as principal of the attendance center
18under a new performance contract. The initial candidate list
19required to be submitted by a local school council to the
20general superintendent in cases where the local school council
21does not renew the performance contract of its principal and
22does not directly select a new principal to serve under a 4
23year performance contract shall be submitted not later than 30
24days prior to the expiration of the current performance
25contract. In cases where the local school council fails or
26refuses to submit the candidate list to the general

 

 

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1superintendent no later than 30 days prior to the expiration of
2the incumbent principal's contract, the general superintendent
3may appoint a principal on an interim basis for a period not to
4exceed one year, during which time the local school council
5shall be able to select a new principal with 7 affirmative
6votes as provided in subsection (c) of Section 34-2.2. In cases
7where a principal is removed for cause or a vacancy otherwise
8occurs in the position of principal and the vacancy is not
9filled by direct selection by the local school council, the
10candidate list shall be submitted by the local school council
11to the general superintendent within 90 days after the date
12such removal or vacancy occurs. In cases where the local school
13council fails or refuses to submit the candidate list to the
14general superintendent within 90 days after the date of the
15vacancy, the general superintendent may appoint a principal on
16an interim basis for a period of one year, during which time
17the local school council shall be able to select a new
18principal with 7 affirmative votes as provided in subsection
19(c) of Section 34-2.2.
20    2.5. Whenever a vacancy in the office of a principal occurs
21for any reason, the vacancy shall be filled in the manner
22provided by this Section by the selection of a new principal to
23serve under a 4 year performance contract.
24    3. To establish additional criteria to be included as part
25of the performance contract of its principal, provided that
26such additional criteria shall not discriminate on the basis of

 

 

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1race, sex, creed, color or disability unrelated to ability to
2perform, and shall not be inconsistent with the uniform 4 year
3performance contract for principals developed by the board as
4provided in Section 34-8.1 of the School Code or with other
5provisions of this Article governing the authority and
6responsibility of principals.
7    4. To approve the expenditure plan prepared by the
8principal with respect to all funds allocated and distributed
9to the attendance center by the Board. The expenditure plan
10shall be administered by the principal. Notwithstanding any
11other provision of this Act or any other law, any expenditure
12plan approved and administered under this Section 34-2.3 shall
13be consistent with and subject to the terms of any contract for
14services with a third party entered into by the Chicago School
15Reform Board of Trustees or the board under this Act.
16    Via a supermajority vote of 7 members of the local school
17council or 8 members of a high school local school council, the
18Council may transfer allocations pursuant to Section 34-2.3
19within funds; provided that such a transfer is consistent with
20applicable law and collective bargaining agreements.
21    Beginning in fiscal year 1991 and in each fiscal year
22thereafter, the Board may reserve up to 1% of its total fiscal
23year budget for distribution on a prioritized basis to schools
24throughout the school system in order to assure adequate
25programs to meet the needs of special student populations as
26determined by the Board. This distribution shall take into

 

 

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1account the needs catalogued in the Systemwide Plan and the
2various local school improvement plans of the local school
3councils. Information about these centrally funded programs
4shall be distributed to the local school councils so that their
5subsequent planning and programming will account for these
6provisions.
7    Beginning in fiscal year 1991 and in each fiscal year
8thereafter, from other amounts available in the applicable
9fiscal year budget, the board shall allocate a lump sum amount
10to each local school based upon such formula as the board shall
11determine taking into account the special needs of the student
12body. The local school principal shall develop an expenditure
13plan in consultation with the local school council, the
14professional personnel leadership committee and with all other
15school personnel, which reflects the priorities and activities
16as described in the school's local school improvement plan and
17is consistent with applicable law and collective bargaining
18agreements and with board policies and standards; however, the
19local school council shall have the right to request waivers of
20board policy from the board of education and waivers of
21employee collective bargaining agreements pursuant to Section
2234-8.1a.
23    The expenditure plan developed by the principal with
24respect to amounts available from the fund for prioritized
25special needs programs and the allocated lump sum amount must
26be approved by the local school council.

 

 

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1    The lump sum allocation shall take into account the
2following principles:
3        a. Teachers: Each school shall be allocated funds equal
4    to the amount appropriated in the previous school year for
5    compensation for teachers (regular grades kindergarten
6    through 12th grade) plus whatever increases in
7    compensation have been negotiated contractually or through
8    longevity as provided in the negotiated agreement.
9    Adjustments shall be made due to layoff or reduction in
10    force, lack of funds or work, change in subject
11    requirements, enrollment changes, or contracts with third
12    parties for the performance of services or to rectify any
13    inconsistencies with system-wide allocation formulas or
14    for other legitimate reasons.
15        b. Other personnel: Funds for other teacher
16    certificated and uncertificated personnel paid through
17    non-categorical funds shall be provided according to
18    system-wide formulas based on student enrollment and the
19    special needs of the school as determined by the Board.
20        c. Non-compensation items: Appropriations for all
21    non-compensation items shall be based on system-wide
22    formulas based on student enrollment and on the special
23    needs of the school or factors related to the physical
24    plant, including but not limited to textbooks, electronic
25    textbooks and the technological equipment necessary to
26    gain access to and use electronic textbooks, supplies,

 

 

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1    electricity, equipment, and routine maintenance.
2        d. Funds for categorical programs: Schools shall
3    receive personnel and funds based on, and shall use such
4    personnel and funds in accordance with State and Federal
5    requirements applicable to each categorical program
6    provided to meet the special needs of the student body
7    (including but not limited to, Federal Chapter I,
8    Bilingual, and Special Education).
9        d.1. Funds for State Title I: Each school shall receive
10    funds based on State and Board requirements applicable to
11    each State Title I pupil provided to meet the special needs
12    of the student body. Each school shall receive the
13    proportion of funds as provided in Section 18-8 or 18-8.15
14    to which they are entitled. These funds shall be spent only
15    with the budgetary approval of the Local School Council as
16    provided in Section 34-2.3.
17        e. The Local School Council shall have the right to
18    request the principal to close positions and open new ones
19    consistent with the provisions of the local school
20    improvement plan provided that these decisions are
21    consistent with applicable law and collective bargaining
22    agreements. If a position is closed, pursuant to this
23    paragraph, the local school shall have for its use the
24    system-wide average compensation for the closed position.
25        f. Operating within existing laws and collective
26    bargaining agreements, the local school council shall have

 

 

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1    the right to direct the principal to shift expenditures
2    within funds.
3        g. (Blank).
4    Any funds unexpended at the end of the fiscal year shall be
5available to the board of education for use as part of its
6budget for the following fiscal year.
7    5. To make recommendations to the principal concerning
8textbook selection and concerning curriculum developed
9pursuant to the school improvement plan which is consistent
10with systemwide curriculum objectives in accordance with
11Sections 34-8 and 34-18 of the School Code and in conformity
12with the collective bargaining agreement.
13    6. To advise the principal concerning the attendance and
14disciplinary policies for the attendance center, subject to the
15provisions of this Article and Article 26, and consistent with
16the uniform system of discipline established by the board
17pursuant to Section 34-19.
18    7. To approve a school improvement plan developed as
19provided in Section 34-2.4. The process and schedule for plan
20development shall be publicized to the entire school community,
21and the community shall be afforded the opportunity to make
22recommendations concerning the plan. At least twice a year the
23principal and local school council shall report publicly on
24progress and problems with respect to plan implementation.
25    8. To evaluate the allocation of teaching resources and
26other certificated and uncertificated staff to the attendance

 

 

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1center to determine whether such allocation is consistent with
2and in furtherance of instructional objectives and school
3programs reflective of the school improvement plan adopted for
4the attendance center; and to make recommendations to the
5board, the general superintendent and the principal concerning
6any reallocation of teaching resources or other staff whenever
7the council determines that any such reallocation is
8appropriate because the qualifications of any existing staff at
9the attendance center do not adequately match or support
10instructional objectives or school programs which reflect the
11school improvement plan.
12    9. To make recommendations to the principal and the general
13superintendent concerning their respective appointments, after
14August 31, 1989, and in the manner provided by Section 34-8 and
15Section 34-8.1, of persons to fill any vacant, additional or
16newly created positions for teachers at the attendance center
17or at attendance centers which include the attendance center
18served by the local school council.
19    10. To request of the Board the manner in which training
20and assistance shall be provided to the local school council.
21Pursuant to Board guidelines a local school council is
22authorized to direct the Board of Education to contract with
23personnel or not-for-profit organizations not associated with
24the school district to train or assist council members. If
25training or assistance is provided by contract with personnel
26or organizations not associated with the school district, the

 

 

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1period of training or assistance shall not exceed 30 hours
2during a given school year; person shall not be employed on a
3continuous basis longer than said period and shall not have
4been employed by the Chicago Board of Education within the
5preceding six months. Council members shall receive training in
6at least the following areas:
7        1. school budgets;
8        2. educational theory pertinent to the attendance
9    center's particular needs, including the development of
10    the school improvement plan and the principal's
11    performance contract; and
12        3. personnel selection.
13Council members shall, to the greatest extent possible,
14complete such training within 90 days of election.
15    11. In accordance with systemwide guidelines contained in
16the System-Wide Educational Reform Goals and Objectives Plan,
17criteria for evaluation of performance shall be established for
18local school councils and local school council members. If a
19local school council persists in noncompliance with systemwide
20requirements, the Board may impose sanctions and take necessary
21corrective action, consistent with Section 34-8.3.
22    12. Each local school council shall comply with the Open
23Meetings Act and the Freedom of Information Act. Each local
24school council shall issue and transmit to its school community
25a detailed annual report accounting for its activities
26programmatically and financially. Each local school council

 

 

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1shall convene at least 2 well-publicized meetings annually with
2its entire school community. These meetings shall include
3presentation of the proposed local school improvement plan, of
4the proposed school expenditure plan, and the annual report,
5and shall provide an opportunity for public comment.
6    13. Each local school council is encouraged to involve
7additional non-voting members of the school community in
8facilitating the council's exercise of its responsibilities.
9    14. The local school council may adopt a school uniform or
10dress code policy that governs the attendance center and that
11is necessary to maintain the orderly process of a school
12function or prevent endangerment of student health or safety,
13consistent with the policies and rules of the Board of
14Education. A school uniform or dress code policy adopted by a
15local school council: (i) shall not be applied in such manner
16as to discipline or deny attendance to a transfer student or
17any other student for noncompliance with that policy during
18such period of time as is reasonably necessary to enable the
19student to acquire a school uniform or otherwise comply with
20the dress code policy that is in effect at the attendance
21center into which the student's enrollment is transferred; and
22(ii) shall include criteria and procedures under which the
23local school council will accommodate the needs of or otherwise
24provide appropriate resources to assist a student from an
25indigent family in complying with an applicable school uniform
26or dress code policy. A student whose parents or legal

 

 

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1guardians object on religious grounds to the student's
2compliance with an applicable school uniform or dress code
3policy shall not be required to comply with that policy if the
4student's parents or legal guardians present to the local
5school council a signed statement of objection detailing the
6grounds for the objection.
7    15. All decisions made and actions taken by the local
8school council in the exercise of its powers and duties shall
9comply with State and federal laws, all applicable collective
10bargaining agreements, court orders and rules properly
11promulgated by the Board.
12    15a. To grant, in accordance with board rules and policies,
13the use of assembly halls and classrooms when not otherwise
14needed, including lighting, heat, and attendants, for public
15lectures, concerts, and other educational and social
16activities.
17    15b. To approve, in accordance with board rules and
18policies, receipts and expenditures for all internal accounts
19of the attendance center, and to approve all fund-raising
20activities by nonschool organizations that use the school
21building.
22    16. (Blank).
23    17. Names and addresses of local school council members
24shall be a matter of public record.
25(Source: P.A. 96-1403, eff. 7-29-10.)
 

 

 

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1    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
2    Sec. 34-18. Powers of the board. The board shall exercise
3general supervision and jurisdiction over the public education
4and the public school system of the city, and, except as
5otherwise provided by this Article, shall have power:
6        1. To make suitable provision for the establishment and
7    maintenance throughout the year or for such portion thereof
8    as it may direct, not less than 9 months, of schools of all
9    grades and kinds, including normal schools, high schools,
10    night schools, schools for defectives and delinquents,
11    parental and truant schools, schools for the blind, the
12    deaf and persons with physical disabilities, schools or
13    classes in manual training, constructural and vocational
14    teaching, domestic arts and physical culture, vocation and
15    extension schools and lecture courses, and all other
16    educational courses and facilities, including
17    establishing, equipping, maintaining and operating
18    playgrounds and recreational programs, when such programs
19    are conducted in, adjacent to, or connected with any public
20    school under the general supervision and jurisdiction of
21    the board; provided that the calendar for the school term
22    and any changes must be submitted to and approved by the
23    State Board of Education before the calendar or changes may
24    take effect, and provided that in allocating funds from
25    year to year for the operation of all attendance centers
26    within the district, the board shall ensure that

 

 

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1    supplemental general State aid or supplemental grant funds
2    are allocated and applied in accordance with Section 18-8,
3    or 18-8.05, or 18-8.15. To admit to such schools without
4    charge foreign exchange students who are participants in an
5    organized exchange student program which is authorized by
6    the board. The board shall permit all students to enroll in
7    apprenticeship programs in trade schools operated by the
8    board, whether those programs are union-sponsored or not.
9    No student shall be refused admission into or be excluded
10    from any course of instruction offered in the common
11    schools by reason of that student's sex. No student shall
12    be denied equal access to physical education and
13    interscholastic athletic programs supported from school
14    district funds or denied participation in comparable
15    physical education and athletic programs solely by reason
16    of the student's sex. Equal access to programs supported
17    from school district funds and comparable programs will be
18    defined in rules promulgated by the State Board of
19    Education in consultation with the Illinois High School
20    Association. Notwithstanding any other provision of this
21    Article, neither the board of education nor any local
22    school council or other school official shall recommend
23    that children with disabilities be placed into regular
24    education classrooms unless those children with
25    disabilities are provided with supplementary services to
26    assist them so that they benefit from the regular classroom

 

 

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1    instruction and are included on the teacher's regular
2    education class register;
3        2. To furnish lunches to pupils, to make a reasonable
4    charge therefor, and to use school funds for the payment of
5    such expenses as the board may determine are necessary in
6    conducting the school lunch program;
7        3. To co-operate with the circuit court;
8        4. To make arrangements with the public or quasi-public
9    libraries and museums for the use of their facilities by
10    teachers and pupils of the public schools;
11        5. To employ dentists and prescribe their duties for
12    the purpose of treating the pupils in the schools, but
13    accepting such treatment shall be optional with parents or
14    guardians;
15        6. To grant the use of assembly halls and classrooms
16    when not otherwise needed, including light, heat, and
17    attendants, for free public lectures, concerts, and other
18    educational and social interests, free of charge, under
19    such provisions and control as the principal of the
20    affected attendance center may prescribe;
21        7. To apportion the pupils to the several schools;
22    provided that no pupil shall be excluded from or segregated
23    in any such school on account of his color, race, sex, or
24    nationality. The board shall take into consideration the
25    prevention of segregation and the elimination of
26    separation of children in public schools because of color,

 

 

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1    race, sex, or nationality. Except that children may be
2    committed to or attend parental and social adjustment
3    schools established and maintained either for boys or girls
4    only. All records pertaining to the creation, alteration or
5    revision of attendance areas shall be open to the public.
6    Nothing herein shall limit the board's authority to
7    establish multi-area attendance centers or other student
8    assignment systems for desegregation purposes or
9    otherwise, and to apportion the pupils to the several
10    schools. Furthermore, beginning in school year 1994-95,
11    pursuant to a board plan adopted by October 1, 1993, the
12    board shall offer, commencing on a phased-in basis, the
13    opportunity for families within the school district to
14    apply for enrollment of their children in any attendance
15    center within the school district which does not have
16    selective admission requirements approved by the board.
17    The appropriate geographical area in which such open
18    enrollment may be exercised shall be determined by the
19    board of education. Such children may be admitted to any
20    such attendance center on a space available basis after all
21    children residing within such attendance center's area
22    have been accommodated. If the number of applicants from
23    outside the attendance area exceed the space available,
24    then successful applicants shall be selected by lottery.
25    The board of education's open enrollment plan must include
26    provisions that allow low income students to have access to

 

 

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1    transportation needed to exercise school choice. Open
2    enrollment shall be in compliance with the provisions of
3    the Consent Decree and Desegregation Plan cited in Section
4    34-1.01;
5        8. To approve programs and policies for providing
6    transportation services to students. Nothing herein shall
7    be construed to permit or empower the State Board of
8    Education to order, mandate, or require busing or other
9    transportation of pupils for the purpose of achieving
10    racial balance in any school;
11        9. Subject to the limitations in this Article, to
12    establish and approve system-wide curriculum objectives
13    and standards, including graduation standards, which
14    reflect the multi-cultural diversity in the city and are
15    consistent with State law, provided that for all purposes
16    of this Article courses or proficiency in American Sign
17    Language shall be deemed to constitute courses or
18    proficiency in a foreign language; and to employ principals
19    and teachers, appointed as provided in this Article, and
20    fix their compensation. The board shall prepare such
21    reports related to minimal competency testing as may be
22    requested by the State Board of Education, and in addition
23    shall monitor and approve special education and bilingual
24    education programs and policies within the district to
25    assure that appropriate services are provided in
26    accordance with applicable State and federal laws to

 

 

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1    children requiring services and education in those areas;
2        10. To employ non-teaching personnel or utilize
3    volunteer personnel for: (i) non-teaching duties not
4    requiring instructional judgment or evaluation of pupils,
5    including library duties; and (ii) supervising study
6    halls, long distance teaching reception areas used
7    incident to instructional programs transmitted by
8    electronic media such as computers, video, and audio,
9    detention and discipline areas, and school-sponsored
10    extracurricular activities. The board may further utilize
11    volunteer non-certificated personnel or employ
12    non-certificated personnel to assist in the instruction of
13    pupils under the immediate supervision of a teacher holding
14    a valid certificate, directly engaged in teaching subject
15    matter or conducting activities; provided that the teacher
16    shall be continuously aware of the non-certificated
17    persons' activities and shall be able to control or modify
18    them. The general superintendent shall determine
19    qualifications of such personnel and shall prescribe rules
20    for determining the duties and activities to be assigned to
21    such personnel;
22        10.5. To utilize volunteer personnel from a regional
23    School Crisis Assistance Team (S.C.A.T.), created as part
24    of the Safe to Learn Program established pursuant to
25    Section 25 of the Illinois Violence Prevention Act of 1995,
26    to provide assistance to schools in times of violence or

 

 

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1    other traumatic incidents within a school community by
2    providing crisis intervention services to lessen the
3    effects of emotional trauma on individuals and the
4    community; the School Crisis Assistance Team Steering
5    Committee shall determine the qualifications for
6    volunteers;
7        11. To provide television studio facilities in not to
8    exceed one school building and to provide programs for
9    educational purposes, provided, however, that the board
10    shall not construct, acquire, operate, or maintain a
11    television transmitter; to grant the use of its studio
12    facilities to a licensed television station located in the
13    school district; and to maintain and operate not to exceed
14    one school radio transmitting station and provide programs
15    for educational purposes;
16        12. To offer, if deemed appropriate, outdoor education
17    courses, including field trips within the State of
18    Illinois, or adjacent states, and to use school educational
19    funds for the expense of the said outdoor educational
20    programs, whether within the school district or not;
21        13. During that period of the calendar year not
22    embraced within the regular school term, to provide and
23    conduct courses in subject matters normally embraced in the
24    program of the schools during the regular school term and
25    to give regular school credit for satisfactory completion
26    by the student of such courses as may be approved for

 

 

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1    credit by the State Board of Education;
2        14. To insure against any loss or liability of the
3    board, the former School Board Nominating Commission,
4    Local School Councils, the Chicago Schools Academic
5    Accountability Council, or the former Subdistrict Councils
6    or of any member, officer, agent or employee thereof,
7    resulting from alleged violations of civil rights arising
8    from incidents occurring on or after September 5, 1967 or
9    from the wrongful or negligent act or omission of any such
10    person whether occurring within or without the school
11    premises, provided the officer, agent or employee was, at
12    the time of the alleged violation of civil rights or
13    wrongful act or omission, acting within the scope of his
14    employment or under direction of the board, the former
15    School Board Nominating Commission, the Chicago Schools
16    Academic Accountability Council, Local School Councils, or
17    the former Subdistrict Councils; and to provide for or
18    participate in insurance plans for its officers and
19    employees, including but not limited to retirement
20    annuities, medical, surgical and hospitalization benefits
21    in such types and amounts as may be determined by the
22    board; provided, however, that the board shall contract for
23    such insurance only with an insurance company authorized to
24    do business in this State. Such insurance may include
25    provision for employees who rely on treatment by prayer or
26    spiritual means alone for healing, in accordance with the

 

 

10000SB1947ham004- 460 -LRB100 09675 MLM 28408 a

1    tenets and practice of a recognized religious
2    denomination;
3        15. To contract with the corporate authorities of any
4    municipality or the county board of any county, as the case
5    may be, to provide for the regulation of traffic in parking
6    areas of property used for school purposes, in such manner
7    as is provided by Section 11-209 of The Illinois Vehicle
8    Code, approved September 29, 1969, as amended;
9        16. (a) To provide, on an equal basis, access to a high
10    school campus and student directory information to the
11    official recruiting representatives of the armed forces of
12    Illinois and the United States for the purposes of
13    informing students of the educational and career
14    opportunities available in the military if the board has
15    provided such access to persons or groups whose purpose is
16    to acquaint students with educational or occupational
17    opportunities available to them. The board is not required
18    to give greater notice regarding the right of access to
19    recruiting representatives than is given to other persons
20    and groups. In this paragraph 16, "directory information"
21    means a high school student's name, address, and telephone
22    number.
23        (b) If a student or his or her parent or guardian
24    submits a signed, written request to the high school before
25    the end of the student's sophomore year (or if the student
26    is a transfer student, by another time set by the high

 

 

10000SB1947ham004- 461 -LRB100 09675 MLM 28408 a

1    school) that indicates that the student or his or her
2    parent or guardian does not want the student's directory
3    information to be provided to official recruiting
4    representatives under subsection (a) of this Section, the
5    high school may not provide access to the student's
6    directory information to these recruiting representatives.
7    The high school shall notify its students and their parents
8    or guardians of the provisions of this subsection (b).
9        (c) A high school may require official recruiting
10    representatives of the armed forces of Illinois and the
11    United States to pay a fee for copying and mailing a
12    student's directory information in an amount that is not
13    more than the actual costs incurred by the high school.
14        (d) Information received by an official recruiting
15    representative under this Section may be used only to
16    provide information to students concerning educational and
17    career opportunities available in the military and may not
18    be released to a person who is not involved in recruiting
19    students for the armed forces of Illinois or the United
20    States;
21        17. (a) To sell or market any computer program
22    developed by an employee of the school district, provided
23    that such employee developed the computer program as a
24    direct result of his or her duties with the school district
25    or through the utilization of the school district resources
26    or facilities. The employee who developed the computer

 

 

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1    program shall be entitled to share in the proceeds of such
2    sale or marketing of the computer program. The distribution
3    of such proceeds between the employee and the school
4    district shall be as agreed upon by the employee and the
5    school district, except that neither the employee nor the
6    school district may receive more than 90% of such proceeds.
7    The negotiation for an employee who is represented by an
8    exclusive bargaining representative may be conducted by
9    such bargaining representative at the employee's request.
10        (b) For the purpose of this paragraph 17:
11            (1) "Computer" means an internally programmed,
12        general purpose digital device capable of
13        automatically accepting data, processing data and
14        supplying the results of the operation.
15            (2) "Computer program" means a series of coded
16        instructions or statements in a form acceptable to a
17        computer, which causes the computer to process data in
18        order to achieve a certain result.
19            (3) "Proceeds" means profits derived from
20        marketing or sale of a product after deducting the
21        expenses of developing and marketing such product;
22        18. To delegate to the general superintendent of
23    schools, by resolution, the authority to approve contracts
24    and expenditures in amounts of $10,000 or less;
25        19. Upon the written request of an employee, to
26    withhold from the compensation of that employee any dues,

 

 

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1    payments or contributions payable by such employee to any
2    labor organization as defined in the Illinois Educational
3    Labor Relations Act. Under such arrangement, an amount
4    shall be withheld from each regular payroll period which is
5    equal to the pro rata share of the annual dues plus any
6    payments or contributions, and the board shall transmit
7    such withholdings to the specified labor organization
8    within 10 working days from the time of the withholding;
9        19a. Upon receipt of notice from the comptroller of a
10    municipality with a population of 500,000 or more, a county
11    with a population of 3,000,000 or more, the Cook County
12    Forest Preserve District, the Chicago Park District, the
13    Metropolitan Water Reclamation District, the Chicago
14    Transit Authority, or a housing authority of a municipality
15    with a population of 500,000 or more that a debt is due and
16    owing the municipality, the county, the Cook County Forest
17    Preserve District, the Chicago Park District, the
18    Metropolitan Water Reclamation District, the Chicago
19    Transit Authority, or the housing authority by an employee
20    of the Chicago Board of Education, to withhold, from the
21    compensation of that employee, the amount of the debt that
22    is due and owing and pay the amount withheld to the
23    municipality, the county, the Cook County Forest Preserve
24    District, the Chicago Park District, the Metropolitan
25    Water Reclamation District, the Chicago Transit Authority,
26    or the housing authority; provided, however, that the

 

 

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1    amount deducted from any one salary or wage payment shall
2    not exceed 25% of the net amount of the payment. Before the
3    Board deducts any amount from any salary or wage of an
4    employee under this paragraph, the municipality, the
5    county, the Cook County Forest Preserve District, the
6    Chicago Park District, the Metropolitan Water Reclamation
7    District, the Chicago Transit Authority, or the housing
8    authority shall certify that (i) the employee has been
9    afforded an opportunity for a hearing to dispute the debt
10    that is due and owing the municipality, the county, the
11    Cook County Forest Preserve District, the Chicago Park
12    District, the Metropolitan Water Reclamation District, the
13    Chicago Transit Authority, or the housing authority and
14    (ii) the employee has received notice of a wage deduction
15    order and has been afforded an opportunity for a hearing to
16    object to the order. For purposes of this paragraph, "net
17    amount" means that part of the salary or wage payment
18    remaining after the deduction of any amounts required by
19    law to be deducted and "debt due and owing" means (i) a
20    specified sum of money owed to the municipality, the
21    county, the Cook County Forest Preserve District, the
22    Chicago Park District, the Metropolitan Water Reclamation
23    District, the Chicago Transit Authority, or the housing
24    authority for services, work, or goods, after the period
25    granted for payment has expired, or (ii) a specified sum of
26    money owed to the municipality, the county, the Cook County

 

 

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1    Forest Preserve District, the Chicago Park District, the
2    Metropolitan Water Reclamation District, the Chicago
3    Transit Authority, or the housing authority pursuant to a
4    court order or order of an administrative hearing officer
5    after the exhaustion of, or the failure to exhaust,
6    judicial review;
7        20. The board is encouraged to employ a sufficient
8    number of certified school counselors to maintain a
9    student/counselor ratio of 250 to 1 by July 1, 1990. Each
10    counselor shall spend at least 75% of his work time in
11    direct contact with students and shall maintain a record of
12    such time;
13        21. To make available to students vocational and career
14    counseling and to establish 5 special career counseling
15    days for students and parents. On these days
16    representatives of local businesses and industries shall
17    be invited to the school campus and shall inform students
18    of career opportunities available to them in the various
19    businesses and industries. Special consideration shall be
20    given to counseling minority students as to career
21    opportunities available to them in various fields. For the
22    purposes of this paragraph, minority student means a person
23    who is any of the following:
24        (a) American Indian or Alaska Native (a person having
25    origins in any of the original peoples of North and South
26    America, including Central America, and who maintains

 

 

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1    tribal affiliation or community attachment).
2        (b) Asian (a person having origins in any of the
3    original peoples of the Far East, Southeast Asia, or the
4    Indian subcontinent, including, but not limited to,
5    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
6    the Philippine Islands, Thailand, and Vietnam).
7        (c) Black or African American (a person having origins
8    in any of the black racial groups of Africa). Terms such as
9    "Haitian" or "Negro" can be used in addition to "Black or
10    African American".
11        (d) Hispanic or Latino (a person of Cuban, Mexican,
12    Puerto Rican, South or Central American, or other Spanish
13    culture or origin, regardless of race).
14        (e) Native Hawaiian or Other Pacific Islander (a person
15    having origins in any of the original peoples of Hawaii,
16    Guam, Samoa, or other Pacific Islands).
17        Counseling days shall not be in lieu of regular school
18    days;
19        22. To report to the State Board of Education the
20    annual student dropout rate and number of students who
21    graduate from, transfer from or otherwise leave bilingual
22    programs;
23        23. Except as otherwise provided in the Abused and
24    Neglected Child Reporting Act or other applicable State or
25    federal law, to permit school officials to withhold, from
26    any person, information on the whereabouts of any child

 

 

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1    removed from school premises when the child has been taken
2    into protective custody as a victim of suspected child
3    abuse. School officials shall direct such person to the
4    Department of Children and Family Services, or to the local
5    law enforcement agency if appropriate;
6        24. To develop a policy, based on the current state of
7    existing school facilities, projected enrollment and
8    efficient utilization of available resources, for capital
9    improvement of schools and school buildings within the
10    district, addressing in that policy both the relative
11    priority for major repairs, renovations and additions to
12    school facilities, and the advisability or necessity of
13    building new school facilities or closing existing schools
14    to meet current or projected demographic patterns within
15    the district;
16        25. To make available to the students in every high
17    school attendance center the ability to take all courses
18    necessary to comply with the Board of Higher Education's
19    college entrance criteria effective in 1993;
20        26. To encourage mid-career changes into the teaching
21    profession, whereby qualified professionals become
22    certified teachers, by allowing credit for professional
23    employment in related fields when determining point of
24    entry on teacher pay scale;
25        27. To provide or contract out training programs for
26    administrative personnel and principals with revised or

 

 

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1    expanded duties pursuant to this Act in order to assure
2    they have the knowledge and skills to perform their duties;
3        28. To establish a fund for the prioritized special
4    needs programs, and to allocate such funds and other lump
5    sum amounts to each attendance center in a manner
6    consistent with the provisions of part 4 of Section 34-2.3.
7    Nothing in this paragraph shall be construed to require any
8    additional appropriations of State funds for this purpose;
9        29. (Blank);
10        30. Notwithstanding any other provision of this Act or
11    any other law to the contrary, to contract with third
12    parties for services otherwise performed by employees,
13    including those in a bargaining unit, and to layoff those
14    employees upon 14 days written notice to the affected
15    employees. Those contracts may be for a period not to
16    exceed 5 years and may be awarded on a system-wide basis.
17    The board may not operate more than 30 contract schools,
18    provided that the board may operate an additional 5
19    contract turnaround schools pursuant to item (5.5) of
20    subsection (d) of Section 34-8.3 of this Code;
21        31. To promulgate rules establishing procedures
22    governing the layoff or reduction in force of employees and
23    the recall of such employees, including, but not limited
24    to, criteria for such layoffs, reductions in force or
25    recall rights of such employees and the weight to be given
26    to any particular criterion. Such criteria shall take into

 

 

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1    account factors including, but not be limited to,
2    qualifications, certifications, experience, performance
3    ratings or evaluations, and any other factors relating to
4    an employee's job performance;
5        32. To develop a policy to prevent nepotism in the
6    hiring of personnel or the selection of contractors;
7        33. To enter into a partnership agreement, as required
8    by Section 34-3.5 of this Code, and, notwithstanding any
9    other provision of law to the contrary, to promulgate
10    policies, enter into contracts, and take any other action
11    necessary to accomplish the objectives and implement the
12    requirements of that agreement; and
13        34. To establish a Labor Management Council to the
14    board comprised of representatives of the board, the chief
15    executive officer, and those labor organizations that are
16    the exclusive representatives of employees of the board and
17    to promulgate policies and procedures for the operation of
18    the Council.
19    The specifications of the powers herein granted are not to
20be construed as exclusive but the board shall also exercise all
21other powers that they may be requisite or proper for the
22maintenance and the development of a public school system, not
23inconsistent with the other provisions of this Article or
24provisions of this Code which apply to all school districts.
25    In addition to the powers herein granted and authorized to
26be exercised by the board, it shall be the duty of the board to

 

 

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1review or to direct independent reviews of special education
2expenditures and services. The board shall file a report of
3such review with the General Assembly on or before May 1, 1990.
4(Source: P.A. 99-143, eff. 7-27-15.)
 
5    (105 ILCS 5/34-18.30)
6    Sec. 34-18.30. Dependents of military personnel; no
7tuition charge. If, at the time of enrollment, a dependent of
8United States military personnel is housed in temporary housing
9located outside of the school district, but will be living
10within the district within 60 days after the time of initial
11enrollment, the dependent must be allowed to enroll, subject to
12the requirements of this Section, and must not be charged
13tuition. Any United States military personnel attempting to
14enroll a dependent under this Section shall provide proof that
15the dependent will be living within the district within 60 days
16after the time of initial enrollment. Proof of residency may
17include, but is not limited to, postmarked mail addressed to
18the military personnel and sent to an address located within
19the district, a lease agreement for occupancy of a residence
20located within the district, or proof of ownership of a
21residence located within the district. Non-resident dependents
22of United States military personnel attending school on a
23tuition-free basis may be counted for the purposes of
24determining the apportionment of State aid provided under
25Section 18-8.05 or 18-8.15 of this Code.

 

 

10000SB1947ham004- 471 -LRB100 09675 MLM 28408 a

1(Source: P.A. 95-331, eff. 8-21-07.)
 
2    (105 ILCS 5/34-43.1)  (from Ch. 122, par. 34-43.1)
3    Sec. 34-43.1. (A) Limitation of noninstructional costs. It
4is the purpose of this Section to establish for the Board of
5Education and the general superintendent of schools
6requirements and standards which maximize the proportion of
7school district resources in direct support of educational,
8program, and building maintenance and safety services for the
9pupils of the district, and which correspondingly minimize the
10amount and proportion of such resources associated with
11centralized administration, administrative support services,
12and other noninstructional services.
13    For the 1989-90 school year and for all subsequent school
14years, the Board of Education shall undertake budgetary and
15expenditure control actions which limit the administrative
16expenditures of the Board of Education to levels, as provided
17for in this Section, which represent an average of the
18administrative expenses of all school districts in this State
19not subject to Article 34.
20    (B) Certification of expenses by the State Superintendent
21of Education. The State Superintendent of Education shall
22annually certify, on or before May 1, to the Board of Education
23and the School Finance Authority, for the applicable school
24year, the following information:
25        (1) the annual expenditures of all school districts of

 

 

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1    the State not subject to Article 34 properly attributable
2    to expenditure functions defined by the rules and
3    regulations of the State Board of Education as: 2210
4    (Improvement of Instructional Services); 2300 (Support
5    Services - General Administration) excluding, however,
6    2320 (Executive Administrative Services); 2490 (Other
7    Support Services - School Administration); 2500 (Support
8    Services - Business); 2600 (Support Services - Central);
9        (2) the total annual expenditures of all school
10    districts not subject to Article 34 attributable to the
11    Education Fund, the Operations, Building and Maintenance
12    Fund, the Transportation Fund and the Illinois Municipal
13    Retirement Fund of the several districts, as defined by the
14    rules and regulations of the State Board of Education; and
15        (3) a ratio, to be called the statewide average of
16    administrative expenditures, derived by dividing the
17    expenditures certified pursuant to paragraph (B)(1) by the
18    expenditures certified pursuant to paragraph (B)(2).
19    For purposes of the annual certification of expenditures
20and ratios required by this Section, the "applicable year" of
21certification shall initially be the 1986-87 school year and,
22in sequent years, each succeeding school year.
23    The State Superintendent of Education shall consult with
24the Board of Education to ascertain whether particular
25expenditure items allocable to the administrative functions
26enumerated in paragraph (B)(1) are appropriately or

 

 

10000SB1947ham004- 473 -LRB100 09675 MLM 28408 a

1necessarily higher in the applicable school district than in
2the rest of the State due to noncomparable factors. The State
3Superintendent shall also review the relevant cost proportions
4in other large urban school districts. The State Superintendent
5shall also review the expenditure categories in paragraph
6(B)(1) to ascertain whether they contain school-level
7expenses. If he or she finds that adjustments to the formula
8are appropriate or necessary to establish a more fair and
9comparable standard for administrative cost for the Board of
10Education or to exclude school-level expenses, the State
11Superintendent shall recommend to the School Finance Authority
12rules and regulations adjusting particular subcategories in
13this subsection (B) or adjusting certain costs in determining
14the budget and expenditure items properly attributable to the
15functions or otherwise adjust the formula.
16    (C) Administrative expenditure limitations. The annual
17budget of the Board of Education, as adopted and implemented,
18and the related annual expenditures for the school year, shall
19reflect a limitation on administrative outlays as required by
20the following provisions, taking into account any adjustments
21established by the State Superintendent of Education: (1) the
22budget and expenditures of the Board of Education for the
231989-90 school year shall reflect a ratio of administrative
24expenditures to total expenditures equal to or less than the
25statewide average of administrative expenditures for the
261986-87 school year as certified by the State Superintendent of

 

 

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1Education pursuant to paragraph (B)(3); (2) for the 1990-91
2school year and for all subsequent school years, the budget and
3expenditures of the Board of Education shall reflect a ratio of
4administrative expenditures to total expenditures equal to or
5less than the statewide average of administrative expenditures
6certified by the State Superintendent of Education for the
7applicable year pursuant to paragraph (B)(3); (3) if for any
8school year the budget of the Board of Education reflects a
9ratio of administrative expenditures to total expenditures
10which exceeds the applicable statewide average, the Board of
11Education shall reduce expenditure items allocable to the
12administrative functions enumerated in paragraph (B)(1) such
13that the Board of Education's ratio of administrative
14expenditures to total expenditures is equal to or less than the
15applicable statewide average ratio.
16    For purposes of this Section, the ratio of administrative
17expenditures to the total expenditures of the Board of
18Education, as applied to the budget of the Board of Education,
19shall mean: the budgeted expenditure items of the Board of
20Education properly attributable to the expenditure functions
21identified in paragraph (B)(1) divided by the total budgeted
22expenditures of the Board of Education properly attributable to
23the Board of Education funds corresponding to those funds
24identified in paragraph (B)(2), exclusive of any monies
25budgeted for payment to the Public School Teachers' Pension and
26Retirement System, attributable to payments due from the

 

 

10000SB1947ham004- 475 -LRB100 09675 MLM 28408 a

1General Funds of the State of Illinois.
2     The annual expenditure of the Board of Education for 2320
3(Executive Administrative Services) for the 1989-90 school
4year shall be no greater than the 2320 expenditure for the
51988-89 school year. The annual expenditure of the Board of
6Education for 2320 for the 1990-91 school year and each
7subsequent school year shall be no greater than the 2320
8expenditure for the immediately preceding school year or the
91988-89 school year, whichever is less. This annual expenditure
10limitation may be adjusted in each year in an amount not to
11exceed any change effective during the applicable school year
12in salary to be paid under the collective bargaining agreement
13with instructional personnel to which the Board is a party and
14in benefit costs either required by law or such collective
15bargaining agreement.
16    (D) Cost control measures. In undertaking actions to
17control or reduce expenditure items necessitated by the
18administrative expenditure limitations of this Section, the
19Board of Education shall give priority consideration to
20reductions or cost controls with the least effect upon direct
21services to students or instructional services for pupils, and
22upon the safety and well-being of pupils, and, as applicable,
23with the particular costs or functions to which the Board of
24Education is higher than the statewide average.
25    For purposes of assuring that the cost control priorities
26of this subsection (D) are met, the State Superintendent of

 

 

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1Education shall, with the assistance of the Board of Education,
2review the cost allocation practices of the Board of Education,
3and the State Superintendent of Education shall thereafter
4recommend to the School Finance Authority rules and regulations
5which define administrative areas which most impact upon the
6direct and instructional needs of students and upon the safety
7and well-being of the pupils of the district. No position
8closed shall be reopened using State or federal categorical
9funds.
10    (E) Report of Audited Information. For the 1988-89 school
11year and for all subsequent school years, the Board of
12Education shall file with the State Board of Education the
13Annual Financial Report and its audit, as required by the rules
14of the State Board of Education. Such reports shall be filed no
15later than February 15 following the end of the school year of
16the Board of Education, beginning with the report to be filed
17no later than February 15, 1990 for the 1988-89 school year.
18    As part of the required Annual Financial Report, the Board
19of Education shall provide a detailed accounting of the central
20level, district, bureau and department costs and personnel
21included within expenditure functions included in paragraph
22(B)(1). The nature and detail of the reporting required for
23these functions shall be prescribed by the State Board of
24Education in rules and regulations. A copy of this detailed
25accounting shall also be provided annually to the School
26Finance Authority and the public. This report shall contain a

 

 

10000SB1947ham004- 477 -LRB100 09675 MLM 28408 a

1reconciliation to the board of education's adopted budget for
2that fiscal year, specifically delineating administrative
3functions.
4    If the information required under this Section is not
5provided by the Board of Education in a timely manner, or is
6initially or subsequently determined by the State
7Superintendent of Education to be incomplete or inaccurate, the
8State Superintendent shall, in writing, notify the Board of
9Education of reporting deficiencies. The Board of Education
10shall, within 60 days of such notice, address the reporting
11deficiencies identified. If the State Superintendent of
12Education does not receive satisfactory response to these
13reporting deficiencies within 60 days, the next payment of
14general State aid or evidence-based funding due the Board of
15Education under Section 18-8 or Section 18-8.15, as applicable,
16and all subsequent payments, shall be withheld by the State
17Superintendent of Education until the enumerated deficiencies
18have been addressed.
19    Utilizing the Annual Financial Report, the State
20Superintendent of Education shall certify on or before May 1 to
21the School Finance Authority the Board of Education's ratio of
22administrative expenditures to total expenditures for the
231988-89 school year and for each succeeding school year. Such
24certification shall indicate the extent to which the
25administrative expenditure ratio of the Board of Education
26conformed to the limitations required in subsection (C) of this

 

 

10000SB1947ham004- 478 -LRB100 09675 MLM 28408 a

1Section, taking into account any adjustments of the limitations
2which may have been recommended by the State Superintendent of
3Education to the School Finance Authority. In deriving the
4administrative expenditure ratio of the Chicago Board of
5Education, the State Superintendent of Education shall utilize
6the definition of this ratio prescribed in subsection (C) of
7this Section, except that the actual expenditures of the Board
8of Education shall be substituted for budgeted expenditure
9items.
10    (F) Approval and adjustments to administrative expenditure
11limitations. The School Finance Authority organized under
12Article 34A shall monitor the Board of Education's adherence to
13the requirements of this Section. As part of its responsibility
14the School Finance Authority shall determine whether the Board
15of Education's budget for the next school year, and the
16expenditures for a prior school year, comply with the
17limitation of administrative expenditures required by this
18Section. The Board of Education and the State Board of
19Education shall provide such information as is required by the
20School Finance Authority in order for the Authority to
21determine compliance with the provisions of this Section. If
22the Authority determines that the budget proposed by the Board
23of Education does not meet the cost control requirements of
24this Section, the Board of Education shall undertake budgetary
25reductions, consistent with the requirements of this Section,
26to bring the proposed budget into compliance with such cost

 

 

10000SB1947ham004- 479 -LRB100 09675 MLM 28408 a

1control limitations.
2    If, in formulating cost control and cost reduction
3alternatives, the Board of Education believes that meeting the
4cost control requirements of this Section related to the budget
5for the ensuing year would impair the education, safety, or
6well-being of the pupils of the school district, the Board of
7Education may request that the School Finance Authority make
8adjustments to the limitations required by this Section. The
9Board of Education shall specify the amount, nature, and
10reasons for the relief required and shall also identify cost
11reductions which can be made in expenditure functions not
12enumerated in paragraph (B)(1), which would serve the purposes
13of this Section.
14    The School Finance Authority shall consult with the State
15Superintendent of Education concerning the reasonableness from
16an educational administration perspective of the adjustments
17sought by the Board of Education. The School Finance Authority
18shall provide an opportunity for the public to comment upon the
19reasonableness of the Board's request. If, after such
20consultation, the School Finance Authority determines that all
21or a portion of the adjustments sought by the Board of
22Education are reasonably appropriate or necessary, the
23Authority may grant such relief from the provisions of this
24Section which the Authority deems appropriate. Adjustments so
25granted apply only to the specific school year for which the
26request was made.

 

 

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1    In the event that the School Finance Authority determines
2that the Board of Education has failed to achieve the required
3administrative expenditure limitations for a prior school
4year, or if the Authority determines that the Board of
5Education has not met the requirements of subsection (F), the
6Authority shall make recommendations to the Board of Education
7concerning appropriate corrective actions. If the Board of
8Education fails to provide adequate assurance to the Authority
9that appropriate corrective actions have been or will be taken,
10the Authority may, within 60 days thereafter, require the board
11to adjust its current budget to correct for the prior year's
12shortage or may recommend to the members of the General
13Assembly and the Governor such sanctions or remedial actions as
14will serve to deter any further such failures on the part of
15the Board of Education.
16    To assist the Authority in its monitoring
17responsibilities, the Board of Education shall provide such
18reports and information as are from time to time required by
19the Authority.
20    (G) Independent reviews of administrative expenditures.
21The School Finance Authority may direct independent reviews of
22the administrative and administrative support expenditures and
23services and other non-instructional expenditure functions of
24the Board of Education. The Board of Education shall afford
25full cooperation to the School Finance Authority in such review
26activity. The purpose of such reviews shall be to verify

 

 

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1specific targets for improved operating efficiencies of the
2Board of Education, to identify other areas of potential
3efficiencies, and to assure full and proper compliance by the
4Board of Education with all requirements of this Section.
5    In the conduct of reviews under this subsection, the
6Authority may request the assistance and consultation of the
7State Superintendent of Education with regard to questions of
8efficiency and effectiveness in educational administration.
9    (H) Reports to Governor and General Assembly. On or before
10May 1, 1991 and no less frequently than yearly thereafter, the
11School Finance Authority shall provide to the Governor, the
12State Board of Education, and the members of the General
13Assembly an annual report, as outlined in Section 34A-606,
14which includes the following information: (1) documenting the
15compliance or non-compliance of the Board of Education with the
16requirements of this Section; (2) summarizing the costs,
17findings, and recommendations of any reviews directed by the
18School Finance Authority, and the response to such
19recommendations made by the Board of Education; and (3)
20recommending sanctions or legislation necessary to fulfill the
21intent of this Section.
22(Source: P.A. 86-124; 86-1477.)
 
23    Section 50. The Educational Opportunity for Military
24Children Act is amended by changing Section 25 as follows:
 

 

 

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1    (105 ILCS 70/25)
2    Sec. 25. Tuition for children of active duty military
3personnel who are transfer students. If a student who is a
4child of active duty military personnel is (i) placed with a
5non-custodial parent and (ii) as a result of placement, must
6attend a non-resident school district, then the student must
7not be charged the tuition of the school that the student
8attends as a result of placement with the non-custodial parent
9and the student must be counted in the calculation of average
10daily attendance under Section 18-8.05 or 18-8.15 of the School
11Code.
12(Source: P.A. 98-673, eff. 6-30-14.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
 
20    Section 97. Savings clause. Any repeal or amendment made by
21this Act shall not affect or impair any of the following: suits
22pending or rights existing at the time this Act takes effect;
23any grant or conveyance made or right acquired or cause of
24action now existing under any Section, Article, or Act repealed

 

 

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1or amended by this Act; the validity of any bonds or other
2obligations issued or sold and constituting valid obligations
3of the issuing authority at the time this Act takes effect; the
4validity of any contract; the validity of any tax levied under
5any law in effect prior to the effective date of this Act; or
6any offense committed, act done, penalty, punishment, or
7forfeiture incurred or any claim, right, power, or remedy
8accrued under any law in effect prior to the effective date of
9this Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".