Sen. Kimberly A. Lightford

Filed: 5/6/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3022

2    AMENDMENT NO. ______. Amend House Bill 3022 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
52-3.7, 2-3.11c, 2-3.22, 2-3.25f, 2-3.25o, 2-3.27, 2-3.53a,
62-3.83, 2-3.137, 2-3.139, 10-21.4, 10-21.9, 10-22.31a, 14C-8,
718-6, 18-8.05, 18-12, 26-2a, 27A-7, 34-8, and 34-18.5 as
8follows:
 
9    (105 ILCS 5/2-3.7)  (from Ch. 122, par. 2-3.7)
10    Sec. 2-3.7. Legal adviser; opinions of school officers -
11Opinions. To be the legal adviser of regional offices of
12education school officers, and, when requested by any school
13officer, to give an opinion in writing upon any question
14arising under the school laws of the State.
15(Source: P.A. 81-1508.)
 

 

 

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1    (105 ILCS 5/2-3.11c)
2    Sec. 2-3.11c. Teacher supply and demand report. Through
3January 1, 2009, to report annually, on or before January 1, on
4the relative supply and demand for education staff of the
5public schools to the Governor, to the General Assembly, and to
6institutions of higher education that prepare teachers,
7administrators, school service personnel, other certificated
8individuals, and other professionals employed by school
9districts or joint agreements. After the report due on January
101, 2009 is submitted, future reports shall be submitted once
11every 3 years, with the first report being submitted on or
12before January 1, 2012 2011. The report shall contain the
13following information:
14        (1) the relative supply and demand for teachers,
15    administrators, and other certificated and
16    non-certificated personnel by field, content area, and
17    levels;
18        (2) State and regional analyses of fields, content
19    areas, and levels with an over-supply or under-supply of
20    educators; and
21        (3) projections of likely high demand and low demand
22    for educators, in a manner sufficient to advise the public,
23    individuals, and institutions regarding career
24    opportunities in education.
25(Source: P.A. 96-734, eff. 8-25-09.)
 

 

 

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1    (105 ILCS 5/2-3.22)  (from Ch. 122, par. 2-3.22)
2    Sec. 2-3.22. Withholding school funds or compensation of
3regional superintendent of schools. To require the State
4Comptroller to withhold from the regional superintendent of
5schools the amount due the regional superintendent of schools
6for his compensation, until the reports, statements, books,
7vouchers and other records provided for in Sections 2-3.17,
82-3.17a and 3-15.8 have been furnished.
9(Source: P.A. 88-641, eff. 9-9-94.)
 
10    (105 ILCS 5/2-3.25f)  (from Ch. 122, par. 2-3.25f)
11    Sec. 2-3.25f. State interventions.
12    (a) Subject to appropriation, the The State Board of
13Education shall provide technical assistance to assist with the
14development and implementation of School and District
15Improvement Plans.
16    Schools or school districts that fail to make reasonable
17efforts to implement an approved Improvement Plan may suffer
18loss of State funds by school district, attendance center, or
19program as the State Board of Education deems appropriate.
20    (b) In addition, if after 3 years following its placement
21on academic watch status a school district or school remains on
22academic watch status, the State Board of Education shall,
23subject to appropriation, take one or more of the following
24actions for the district or school:
25        (1) The State Board of Education may authorize the

 

 

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1    State Superintendent of Education to direct the regional
2    superintendent of schools to remove school board members
3    pursuant to Section 3-14.28 of this Code. Prior to such
4    direction the State Board of Education shall permit members
5    of the local board of education to present written and oral
6    comments to the State Board of Education. The State Board
7    of Education may direct the State Superintendent of
8    Education to appoint an Independent Authority that shall
9    exercise such powers and duties as may be necessary to
10    operate a school or school district for purposes of
11    improving pupil performance and school improvement. The
12    State Superintendent of Education shall designate one
13    member of the Independent Authority to serve as chairman.
14    The Independent Authority shall serve for a period of time
15    specified by the State Board of Education upon the
16    recommendation of the State Superintendent of Education.
17        (2) The State Board of Education may (A) change the
18    recognition status of the school district or school to
19    nonrecognized, or (B) authorize the State Superintendent
20    of Education to direct the reassignment of pupils or direct
21    the reassignment or replacement of school district
22    personnel who are relevant to the failure to meet adequate
23    yearly progress criteria. If a school district is
24    nonrecognized in its entirety, it shall automatically be
25    dissolved on July 1 following that nonrecognition and its
26    territory realigned with another school district or

 

 

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1    districts by the regional board of school trustees in
2    accordance with the procedures set forth in Section 7-11 of
3    the School Code. The effective date of the nonrecognition
4    of a school shall be July 1 following the nonrecognition.
5    (c) All federal requirements apply to schools and school
6districts utilizing federal funds under Title I, Part A of the
7federal Elementary and Secondary Education Act of 1965.
8(Source: P.A. 93-470, eff. 8-8-03; 94-875, eff. 7-1-06.)
 
9    (105 ILCS 5/2-3.25o)
10    Sec. 2-3.25o. Registration and recognition of non-public
11elementary and secondary schools.
12    (a) Findings. The General Assembly finds and declares (i)
13that the Constitution of the State of Illinois provides that a
14"fundamental goal of the People of the State is the educational
15development of all persons to the limits of their capacities"
16and (ii) that the educational development of every school
17student serves the public purposes of the State. In order to
18ensure that all Illinois students and teachers have the
19opportunity to enroll and work in State-approved educational
20institutions and programs, the State Board of Education shall
21provide for the voluntary registration and recognition of
22non-public elementary and secondary schools.
23    (b) Registration. All non-public elementary and secondary
24schools in the State of Illinois may voluntarily register with
25the State Board of Education on an annual basis. Registration

 

 

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1shall be completed in conformance with procedures prescribed by
2the State Board of Education. Information required for
3registration shall include assurances of compliance (i) with
4federal and State laws regarding health examination and
5immunization, attendance, length of term, and
6nondiscrimination and (ii) with applicable fire and health
7safety requirements.
8    (c) Recognition. All non-public elementary and secondary
9schools in the State of Illinois may voluntarily seek the
10status of "Non-public School Recognition" from the State Board
11of Education. This status may be obtained by compliance with
12administrative guidelines and review procedures as prescribed
13by the State Board of Education. The guidelines and procedures
14must recognize that some of the aims and the financial bases of
15non-public schools are different from public schools and will
16not be identical to those for public schools, nor will they be
17more burdensome. The guidelines and procedures must also
18recognize the diversity of non-public schools and shall not
19impinge upon the noneducational relationships between those
20schools and their clientele.
21    (c-5) Prohibition against recognition. A non-public
22elementary or secondary school may not obtain "Non-public
23School Recognition" status unless the school requires all
24certified and non-certified applicants for employment with the
25school, after July 1, 2007, and student teachers to authorize a
26fingerprint-based criminal history records check as a

 

 

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1condition of employment or student teaching to determine if
2such applicants or student teachers have been convicted of any
3of the enumerated criminal or drug offenses set forth in
4Section 21-23a of this Code or have been convicted, within 7
5years of the application for employment or student teaching, of
6any other felony under the laws of this State or of any offense
7committed or attempted in any other state or against the laws
8of the United States that, if committed or attempted in this
9State, would have been punishable as a felony under the laws of
10this State.
11    Authorization for the check shall be furnished by the
12applicant or student teacher to the school, except that if the
13applicant is a substitute teacher seeking employment in more
14than one non-public school, a teacher seeking concurrent
15part-time employment positions with more than one non-public
16school (as a reading specialist, special education teacher, or
17otherwise), or an educational support personnel employee
18seeking employment positions with more than one non-public
19school, then only one of the non-public schools employing the
20individual shall request the authorization. Upon receipt of
21this authorization, the non-public school shall submit the
22applicant's or student teacher's name, sex, race, date of
23birth, social security number, fingerprint images, and other
24identifiers, as prescribed by the Department of State Police,
25to the Department of State Police.
26    The Department of State Police and Federal Bureau of

 

 

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1Investigation shall furnish, pursuant to a fingerprint-based
2criminal history records check, records of convictions,
3forever and hereafter, until expunged, to the president or
4principal of the non-public school that requested the check.
5The Department of State Police shall charge that school a fee
6for conducting such check, which fee must be deposited into the
7State Police Services Fund and must not exceed the cost of the
8inquiry. Subject to appropriations for these purposes, the
9State Superintendent of Education shall reimburse non-public
10schools for fees paid to obtain criminal history records checks
11under this Section.
12    A non-public school may not obtain recognition status
13unless the school also performs a check of the Statewide Sex
14Offender Database, as authorized by the Sex Offender Community
15Notification Law, for each applicant for employment, after July
161, 2007, or student teacher to determine whether the applicant
17or student teacher has been adjudicated a sex offender.
18    Any information concerning the record of convictions
19obtained by a non-public school's president or principal under
20this Section is confidential and may be disseminated only to
21the governing body of the non-public school or any other person
22necessary to the decision of hiring the applicant for
23employment or assigning the student teacher to a classroom. A
24copy of the record of convictions obtained from the Department
25of State Police shall be provided to the applicant for
26employment or student teacher. Upon a check of the Statewide

 

 

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1Sex Offender Database, the non-public school shall notify the
2applicant or student teacher as to whether or not the applicant
3or student teacher has been identified in the Sex Offender
4Database as a sex offender. Any information concerning the
5records of conviction obtained by the non-public school's
6president or principal under this Section for a substitute
7teacher seeking employment in more than one non-public school,
8a teacher seeking concurrent part-time employment positions
9with more than one non-public school (as a reading specialist,
10special education teacher, or otherwise), or an educational
11support personnel employee seeking employment positions with
12more than one non-public school may be shared with another
13non-public school's principal or president to which the
14applicant seeks employment. Any person who releases any
15criminal history record information concerning an applicant
16for employment or student teacher is guilty of a Class A
17misdemeanor and may be subject to prosecution under federal
18law, unless the release of such information is authorized by
19this Section.
20    No non-public school may obtain recognition status that
21knowingly employs a person, hired after July 1, 2007, or
22knowingly assigns a student teacher to a classroom for whom a
23Department of State Police and Federal Bureau of Investigation
24fingerprint-based criminal history records check and a
25Statewide Sex Offender Database check has not been initiated or
26who has been convicted of any offense enumerated in Section

 

 

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121-23a of this Code or any offense committed or attempted in
2any other state or against the laws of the United States that,
3if committed or attempted in this State, would have been
4punishable as one or more of those offenses. No non-public
5school may obtain recognition status under this Section that
6knowingly employs a person or knowingly assigns a student
7teacher to a classroom who has been found to be the perpetrator
8of sexual or physical abuse of a minor under 18 years of age
9pursuant to proceedings under Article II of the Juvenile Court
10Act of 1987.
11    In order to obtain recognition status under this Section, a
12non-public school must require compliance with the provisions
13of this subsection (c-5) from all employees of persons or firms
14holding contracts with the school, including, but not limited
15to, food service workers, school bus drivers, and other
16transportation employees, who have direct, daily contact with
17pupils. Any information concerning the records of conviction or
18identification as a sex offender of any such employee obtained
19by the non-public school principal or president must be
20promptly reported to the school's governing body.
21    (d) Public purposes. The provisions of this Section are in
22the public interest, for the public benefit, and serve secular
23public purposes.
24    (e) Definition. For purposes of this Section, a non-public
25school means any non-profit, non-home-based, and non-public
26elementary or secondary school that is in compliance with Title

 

 

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1VI of the Civil Rights Act of 1964 and attendance at which
2satisfies the requirements of Section 26-1 of this Code.
3(Source: P.A. 95-351, eff. 8-23-07; 96-431, eff. 8-13-09.)
 
4    (105 ILCS 5/2-3.27)  (from Ch. 122, par. 2-3.27)
5    Sec. 2-3.27. Budgets and accounting practices-Forms and
6procedures.
7    To formulate and approve forms, procedure and regulations
8for school district accounts and budgets required by this Act
9reflecting the gross amount of income and expenses, receipts
10and disbursements and extending a net surplus or deficit on
11operating items, to advise and assist the officers of any
12district in respect to budgets and accounting practices and in
13the formulation and use of such books, records and accounts or
14other forms as may be required to comply with the provisions of
15this Act; to publish and keep current information pamphlets or
16manuals in looseleaf form relating to budgetary and accounting
17procedure or similar topics; to make all rules and regulations
18as may be necessary to carry into effect the provisions of this
19Act relating to budgetary procedure and accounting, such rules
20and regulations to include but not to be limited to the
21establishment of a decimal classification of accounts; to
22confer with various district, county and State officials or
23take such other action as may be reasonably required to carry
24out the provisions of this Act relating to budgets and
25accounting.

 

 

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1(Source: Laws 1961, p. 31.)
 
2    (105 ILCS 5/2-3.53a)
3    Sec. 2-3.53a. New principal mentoring program.
4    (a) Beginning on July 1, 2007, and subject to an annual
5appropriation by the General Assembly, to establish a new
6principal mentoring program for new principals. Any individual
7who is first hired as a principal on or after July 1, 2007
8shall participate in a new principal mentoring program for the
9duration of his or her first year as a principal and must
10complete the program in accordance with the requirements
11established by the State Board of Education by rule or, for a
12school district created by Article 34 of this Code, in
13accordance with the provisions of Section 34-18.33 34-18.27 of
14this Code. School districts created by Article 34 are not
15subject to the requirements of subsection (b), (c), (d), (e),
16(f), or (g) of this Section. Any individual who is first hired
17as a principal on or after July 1, 2008 may participate in a
18second year of mentoring if it is determined by the State
19Superintendent of Education that sufficient funding exists for
20such participation. The new principal mentoring program shall
21match an experienced principal who meets the requirements of
22subsection (b) of this Section with each new principal in order
23to assist the new principal in the development of his or her
24professional growth and to provide guidance.
25    (b) Any individual who has been a principal in Illinois for

 

 

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13 or more years and who has demonstrated success as an
2instructional leader, as determined by the State Board by rule,
3is eligible to apply to be a mentor under a new principal
4mentoring program. Mentors shall complete mentoring training
5by entities approved by the State Board and meet any other
6requirements set forth by the State Board and by the school
7district employing the mentor.
8    (c) The State Board shall certify an entity or entities
9approved to provide training of mentors.
10    (d) A mentor shall be assigned to a new principal based on
11(i) similarity of grade level or type of school, (ii) learning
12needs of the new principal, and (iii) geographical proximity of
13the mentor to the new principal. The principal, in
14collaboration with the mentor, shall identify areas for
15improvement of the new principal's professional growth,
16including, but not limited to, each of the following:
17        (1) Analyzing data and applying it to practice.
18        (2) Aligning professional development and
19    instructional programs.
20        (3) Building a professional learning community.
21        (4) Observing classroom practices and providing
22    feedback.
23        (5) Facilitating effective meetings.
24        (6) Developing distributive leadership practices.
25        (7) Facilitating organizational change.
26The mentor shall not be required to provide an evaluation of

 

 

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1the new principal on the basis of the mentoring relationship.
2    (e) On or before July 1, 2008 and on or after July 1 of each
3year thereafter, the State Board shall facilitate a review and
4evaluate the mentoring training program in collaboration with
5the approved providers. Each new principal and his or her
6mentor must complete a verification form developed by the State
7Board in order to certify their completion of a new principal
8mentoring program.
9    (f) The requirements of this Section do not apply to any
10individual who has previously served as an assistant principal
11in Illinois acting under an administrative certificate for 5 or
12more years and who is hired, on or after July 1, 2007, as a
13principal by the school district in which the individual last
14served as an assistant principal, although such an individual
15may choose to participate in this program or shall be required
16to participate by the school district.
17    (g) The State Board may adopt any rules necessary for the
18implementation of this Section.
19    (h) On an annual basis, the State Superintendent of
20Education shall determine whether appropriations are likely to
21be sufficient to require operation of the mentoring program for
22the coming year. In doing so, the State Superintendent of
23Education shall first determine whether it is likely that funds
24will be sufficient to require operation of the mentoring
25program for individuals in their first year as principal and
26shall then determine whether it is likely that funds will be

 

 

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1sufficient to require operation of the mentoring program for
2individuals in their second year as principal.
3(Source: P.A. 96-373, eff. 8-13-09.)
 
4    (105 ILCS 5/2-3.83)  (from Ch. 122, par. 2-3.83)
5    Sec. 2-3.83. Individual transition plan model pilot
6program.
7    (a) The General Assembly finds that transition services for
8special education students in secondary schools are needed for
9the increasing numbers of students exiting school programs.
10Therefore, to ensure coordinated and timely delivery of
11services, the State shall establish a model pilot program to
12provide such services. Local school districts, using joint
13agreements and regional service delivery systems for special
14and vocational education selected by the Governor's Planning
15Council on Developmental Disabilities, shall have the primary
16responsibility to convene transition planning meetings for
17these students who will require post-school adult services.
18    (b) For purposes of this Section:
19        (1) "Post-secondary Service Provider" means a provider
20    of services for adults who have any developmental
21    disability as defined in Section 1-106 of the Mental Health
22    and Developmental Disabilities Code or who are disabled as
23    defined in the Disabled Persons Rehabilitation Act.
24        (2) "Individual Education Plan" means a written
25    statement for an exceptional child that provides at least a

 

 

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1    statement of: the child's present levels of educational
2    performance, annual goals and short-term instructional
3    objectives; specific special education and related
4    services; the extent of participation in the regular
5    education program; the projected dates for initiation of
6    services; anticipated duration of services; appropriate
7    objective criteria and evaluation procedures; and a
8    schedule for annual determination of short-term
9    objectives.
10        (3) "Individual Transition Plan" (ITP) means a
11    multi-agency informal assessment of a student's needs for
12    post-secondary adult services including but not limited to
13    employment, post-secondary education or training and
14    residential independent living.
15        (4) "Developmental Disability" means a disability
16    which is attributable to: (a) intellectual disabilities
17    mental retardation, cerebral palsy, epilepsy or autism; or
18    to (b) any other condition which results in impairment
19    similar to that caused by intellectual disabilities mental
20    retardation and which requires services similar to those
21    required by mentally retarded persons with an intellectual
22    disability. Such disability must originate before the age
23    of 18 years, be expected to continue indefinitely, and
24    constitute a substantial handicap.
25        (5) "Exceptional Characteristic" means any disabling
26    or exceptional characteristic which interferes with a

 

 

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1    student's education including, but not limited to, a
2    determination that the student is severely or profoundly
3    mentally disabled, trainably mentally disabled,
4    deaf-blind, or has some other health impairment.
5    (c) The model pilot program required by this Section shall
6be established and administered by the Governor's Planning
7Council on Developmental Disabilities in conjunction with the
8case coordination pilot projects established by the Department
9of Human Services pursuant to Section 4.1 of the Community
10Services Act, as amended.
11    (d) The model pilot program shall include the following
12features:
13        (1) Written notice shall be sent to the student and,
14    when appropriate, his or her parent or guardian giving the
15    opportunity to consent to having the student's name and
16    relevant information shared with the local case
17    coordination unit and other appropriate State or local
18    agencies for purposes of inviting participants to the
19    individual transition plan meeting.
20        (2) Meetings to develop and modify, as needed, an
21    Individual Transition Plan shall be conducted annually for
22    all students with a developmental disability in the pilot
23    program area who are age 16 or older and who are receiving
24    special education services for 50% or more of their public
25    school program. These meetings shall be convened by the
26    local school district and conducted in conjunction with any

 

 

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1    other regularly scheduled meetings such as the student's
2    annual individual educational plan meeting. The Governor's
3    Planning Council on Developmental Disabilities shall
4    cooperate with and may enter into any necessary written
5    agreements with the Department of Human Services and the
6    State Board of Education to identify the target group of
7    students for transition planning and the appropriate case
8    coordination unit to serve these individuals.
9        (3) The ITP meetings shall be co-chaired by the
10    individual education plan coordinator and the case
11    coordinator. The ITP meeting shall include but not be
12    limited to discussion of the following: the student's
13    projected date of exit from the public schools; his
14    projected post-school goals in the areas of employment,
15    residential living arrangement and post-secondary
16    education or training; specific school or post-school
17    services needed during the following year to achieve the
18    student's goals, including but not limited to vocational
19    evaluation, vocational education, work experience or
20    vocational training, placement assistance, independent
21    living skills training, recreational or leisure training,
22    income support, medical needs and transportation; and
23    referrals and linkage to needed services, including a
24    proposed time frame for services and the responsible agency
25    or provider. The individual transition plan shall be signed
26    by participants in the ITP discussion, including but not

 

 

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1    limited to the student's parents or guardian, the student
2    (where appropriate), multi-disciplinary team
3    representatives from the public schools, the case
4    coordinator and any other individuals who have
5    participated in the ITP meeting at the discretion of the
6    individual education plan coordinator, the developmental
7    disability case coordinator or the parents or guardian.
8        (4) At least 10 days prior to the ITP meeting, the
9    parents or guardian of the student shall be notified in
10    writing of the time and place of the meeting by the local
11    school district. The ITP discussion shall be documented by
12    the assigned case coordinator, and an individual student
13    file shall be maintained by each case coordination unit.
14    One year following a student's exit from public school the
15    case coordinator shall conduct a follow up interview with
16    the student.
17        (5) Determinations with respect to individual
18    transition plans made under this Section shall not be
19    subject to any due process requirements prescribed in
20    Section 14-8.02 of this Code.
21    (e) (Blank).
22(Source: P.A. 91-96; eff. 7-9-99.)
 
23    (105 ILCS 5/2-3.137)
24    Sec. 2-3.137. Inspection and review of school facilities;
25task force.

 

 

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1    (a) The State Board of Education shall adopt rules for the
2documentation of school plan reviews and inspections of school
3facilities, including the responsible individual's signature.
4Such documents shall be kept on file by the regional
5superintendent of schools. The State Board of Education shall
6also adopt rules for the qualifications of persons performing
7the reviews and inspections, which must be consistent with the
8recommendations in the task force's report issued to the
9Governor and the General Assembly under subsection (b) of this
10Section. Those qualifications shall include requirements for
11training, education, and at least 2 years of relevant
12experience.
13    (a-5) Rules adopted by the State Board of Education in
14accordance with subsection (a) of this Section shall require
15fees to be collected for use in defraying costs associated with
16the administration of these and other provisions contained in
17the Health/Life Safety Code for Public Schools required by
18Section 2-3.12 of this Code.
19    (b) (Blank). The State Board of Education shall convene a
20task force for the purpose of reviewing the documents required
21under rules adopted under subsection (a) of this Section and
22making recommendations regarding training and accreditation of
23individuals performing reviews or inspections required under
24Section 2-3.12, 3-14.20, 3-14.21, or 3-14.22 of this Code,
25including regional superintendents of schools and others
26performing reviews or inspections under the authority of a

 

 

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1regional superintendent (such as consultants, municipalities,
2and fire protection districts).
3    The task force shall consist of all of the following
4members:
5        (1) The Executive Director of the Capital Development
6    Board or his or her designee and a staff representative of
7    the Division of Building Codes and Regulations.
8        (2) The State Superintendent of Education or his or her
9    designee.
10        (3) A person appointed by the State Board of Education.
11        (4) A person appointed by an organization representing
12    school administrators.
13        (5) A person appointed by an organization representing
14    suburban school administrators and school board members.
15        (6) A person appointed by an organization representing
16    architects.
17        (7) A person appointed by an organization representing
18    regional superintendents of schools.
19        (8) A person appointed by an organization representing
20    fire inspectors.
21        (9) A person appointed by an organization representing
22    Code administrators.
23        (10) A person appointed by an organization
24    representing plumbing inspectors.
25        (11) A person appointed by an organization that
26    represents both parents and teachers.

 

 

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1        (12) A person appointed by an organization
2    representing municipal governments in the State.
3        (13) A person appointed by the State Fire Marshal from
4    his or her office.
5        (14) A person appointed by an organization
6    representing fire chiefs.
7        (15) The Director of Public Health or his or her
8    designee.
9        (16) A person appointed by an organization
10    representing structural engineers.
11        (17) A person appointed by an organization
12    representing professional engineers.
13    The task force shall issue a report of its findings to the
14Governor and the General Assembly no later than January 1,
152006.
16(Source: P.A. 95-331, eff. 8-21-07; 96-734, eff. 8-25-09.)
 
17    (105 ILCS 5/2-3.139)
18    Sec. 2-3.139. School wellness policies; taskforce.
19    (a) The State Board of Education shall establish a State
20goal that all school districts have a wellness policy that is
21consistent with recommendations of the Centers for Disease
22Control and Prevention (CDC), which recommendations include
23the following:
24        (1) nutrition guidelines for all foods sold on school
25    campus during the school day;

 

 

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1        (2) setting school goals for nutrition education and
2    physical activity;
3        (3) establishing community participation in creating
4    local wellness policies; and
5        (4) creating a plan for measuring implementation of
6    these wellness policies.
7    The Department of Public Health, the Department of Human
8Services, and the State Board of Education shall form an
9interagency working group to publish model wellness policies
10and recommendations. Sample policies shall be based on CDC
11recommendations for nutrition and physical activity. The State
12Board of Education shall distribute the model wellness policies
13to all school districts before June 1, 2006.
14    (b) (Blank). There is created the School Wellness Policy
15Taskforce, consisting of the following members:
16        (1) One member representing the State Board of
17    Education, appointed by the State Board of Education.
18        (2) One member representing the Department of Public
19    Health, appointed by the Director of Public Health.
20        (3) One member representing the Department of Human
21    Services, appointed by the Secretary of Human Services.
22        (4) One member of an organization representing the
23    interests of school nurses in this State, appointed by the
24    interagency working group.
25        (5) One member of an organization representing the
26    interests of school administrators in this State,

 

 

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1    appointed by the interagency working group.
2        (6) One member of an organization representing the
3    interests of school boards in this State, appointed by the
4    interagency working group.
5        (7) One member of an organization representing the
6    interests of regional superintendents of schools in this
7    State, appointed by the interagency working group.
8        (8) One member of an organization representing the
9    interests of parent-teacher associations in this State,
10    appointed by the interagency working group.
11        (9) One member of an organization representing the
12    interests of pediatricians in this State, appointed by the
13    interagency working group.
14        (10) One member of an organization representing the
15    interests of dentists in this State, appointed by the
16    interagency working group.
17        (11) One member of an organization representing the
18    interests of dieticians in this State, appointed by the
19    interagency working group.
20        (12) One member of an organization that has an interest
21    and expertise in heart disease, appointed by the
22    interagency working group.
23        (13) One member of an organization that has an interest
24    and expertise in cancer, appointed by the interagency
25    working group.
26        (14) One member of an organization that has an interest

 

 

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1    and expertise in childhood obesity, appointed by the
2    interagency working group.
3        (15) One member of an organization that has an interest
4    and expertise in the importance of physical education and
5    recreation in preventing disease, appointed by the
6    interagency working group.
7        (16) One member of an organization that has an interest
8    and expertise in school food service, appointed by the
9    interagency working group.
10        (17) One member of an organization that has an interest
11    and expertise in school health, appointed by the
12    interagency working group.
13        (18) One member of an organization that campaigns for
14    programs and policies for healthier school environments,
15    appointed by the interagency working group.
16        (19) One at-large member with a doctorate in nutrition,
17    appointed by the State Board of Education.
18    Members of the taskforce shall serve without compensation.
19The taskforce shall meet at the call of the State Board of
20Education. The taskforce shall report its identification of
21barriers to implementing school wellness policies and its
22recommendations to reduce those barriers to the General
23Assembly and the Governor on or before January 1, 2006. The
24taskforce shall report its recommendations on statewide school
25nutrition standards to the General Assembly and the Governor on
26or before January 1, 2007. The taskforce shall report its

 

 

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1evaluation of the effectiveness of school wellness policies to
2the General Assembly and the Governor on or before January 1,
32008. The evaluation shall review a sample size of 5 to 10
4school districts. Reports shall be made to the General Assembly
5by filing copies of each report as provided in Section 3.1 of
6the General Assembly Organization Act. Upon the filing of the
7last report, the taskforce is dissolved.
8    (c) The State Board of Education may adopt any rules
9necessary to implement this Section.
10    (d) Nothing in this Section may be construed as a
11curricular mandate on any school district.
12(Source: P.A. 94-199, eff. 7-12-05; 95-331, eff. 8-21-07.)
 
13    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)
14    Sec. 10-21.4. Superintendent - Duties. Except in districts
15in which there is only one school with less than four teachers,
16to employ a superintendent who shall have charge of the
17administration of the schools under the direction of the board
18of education. In addition to the administrative duties, the
19superintendent shall make recommendations to the board
20concerning the budget, building plans, the locations of sites,
21the selection, retention and dismissal of teachers and all
22other employees, the selection of textbooks, instructional
23material and courses of study. However, in districts under a
24Financial Oversight Panel pursuant to Section 1A-8 for
25violating a financial plan, the duties and responsibilities of

 

 

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1the superintendent in relation to the financial and business
2operations of the district shall be approved by the Panel. In
3the event the Board refuses or fails to follow a directive or
4comply with an information request of the Panel, the
5performance of those duties shall be subject to the direction
6of the Panel. The superintendent shall also notify the State
7Board of Education, the board and the chief administrative
8official, other than the alleged perpetrator himself, in the
9school where the alleged perpetrator serves, that any person
10who is employed in a school or otherwise comes into frequent
11contact with children in the school has been named as a
12perpetrator in an indicated report filed pursuant to the Abused
13and Neglected Child Reporting Act, approved June 26, 1975, as
14amended. The superintendent shall keep or cause to be kept the
15records and accounts as directed and required by the board, aid
16in making reports required by the board, and perform such other
17duties as the board may delegate to him.
18    In addition, each year at a time designated by the State
19Superintendent of Education in January of each year, each
20superintendent shall report to the State Board of Education the
21number of high school students in the district who are enrolled
22in accredited courses (for which high school credit will be
23awarded upon successful completion of the courses) at any
24community college, together with the name and number of the
25course or courses which each such student is taking.
26    The provisions of this section shall also apply to board of

 

 

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1director districts.
2    Notice of intent not to renew a contract must be given in
3writing stating the specific reason therefor by April 1 of the
4contract year unless the contract specifically provides
5otherwise. Failure to do so will automatically extend the
6contract for an additional year. Within 10 days after receipt
7of notice of intent not to renew a contract, the superintendent
8may request a closed session hearing on the dismissal. At the
9hearing the superintendent has the privilege of presenting
10evidence, witnesses and defenses on the grounds for dismissal.
11The provisions of this paragraph shall not apply to a district
12under a Financial Oversight Panel pursuant to Section 1A-8 for
13violating a financial plan.
14(Source: P.A. 95-496, eff. 8-28-07.)
 
15    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
16    Sec. 10-21.9. Criminal history records checks and checks of
17the Statewide Sex Offender Database and Statewide Child
18Murderer and Violent Offender Against Youth Database.
19    (a) Certified and noncertified applicants for employment
20with a school district, except school bus driver applicants,
21are required as a condition of employment to authorize a
22fingerprint-based criminal history records check to determine
23if such applicants have been convicted of any of the enumerated
24criminal or drug offenses in subsection (c) of this Section or
25have been convicted, within 7 years of the application for

 

 

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1employment with the school district, of any other felony under
2the laws of this State or of any offense committed or attempted
3in any other state or against the laws of the United States
4that, if committed or attempted in this State, would have been
5punishable as a felony under the laws of this State.
6Authorization for the check shall be furnished by the applicant
7to the school district, except that if the applicant is a
8substitute teacher seeking employment in more than one school
9district, a teacher seeking concurrent part-time employment
10positions with more than one school district (as a reading
11specialist, special education teacher or otherwise), or an
12educational support personnel employee seeking employment
13positions with more than one district, any such district may
14require the applicant to furnish authorization for the check to
15the regional superintendent of the educational service region
16in which are located the school districts in which the
17applicant is seeking employment as a substitute or concurrent
18part-time teacher or concurrent educational support personnel
19employee. Upon receipt of this authorization, the school
20district or the appropriate regional superintendent, as the
21case may be, shall submit the applicant's name, sex, race, date
22of birth, social security number, fingerprint images, and other
23identifiers, as prescribed by the Department of State Police,
24to the Department. The regional superintendent submitting the
25requisite information to the Department of State Police shall
26promptly notify the school districts in which the applicant is

 

 

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1seeking employment as a substitute or concurrent part-time
2teacher or concurrent educational support personnel employee
3that the check of the applicant has been requested. The
4Department of State Police and the Federal Bureau of
5Investigation shall furnish, pursuant to a fingerprint-based
6criminal history records check, records of convictions, until
7expunged, to the president of the school board for the school
8district that requested the check, or to the regional
9superintendent who requested the check. The Department shall
10charge the school district or the appropriate regional
11superintendent a fee for conducting such check, which fee shall
12be deposited in the State Police Services Fund and shall not
13exceed the cost of the inquiry; and the applicant shall not be
14charged a fee for such check by the school district or by the
15regional superintendent, except that those applicants seeking
16employment as a substitute teacher with a school district may
17be charged a fee not to exceed the cost of the inquiry. Subject
18to appropriations for these purposes, the State Superintendent
19of Education shall reimburse school districts and regional
20superintendents for fees paid to obtain criminal history
21records checks under this Section.
22    (a-5) The school district or regional superintendent shall
23further perform a check of the Statewide Sex Offender Database,
24as authorized by the Sex Offender Community Notification Law,
25for each applicant.
26    (a-6) The school district or regional superintendent shall

 

 

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1further perform a check of the Statewide Child Murderer and
2Violent Offender Against Youth Database, as authorized by the
3Child Murderer and Violent Offender Against Youth Community
4Notification Law, for each applicant.
5    (b) Any information concerning the record of convictions
6obtained by the president of the school board or the regional
7superintendent shall be confidential and may only be
8transmitted to the superintendent of the school district or his
9designee, the appropriate regional superintendent if the check
10was requested by the school district, the presidents of the
11appropriate school boards if the check was requested from the
12Department of State Police by the regional superintendent, the
13State Superintendent of Education, the State Teacher
14Certification Board, any other person necessary to the decision
15of hiring the applicant for employment, or for clarification
16purposes the Department of State Police or Statewide Sex
17Offender Database, or both. A copy of the record of convictions
18obtained from the Department of State Police shall be provided
19to the applicant for employment. Upon the check of the
20Statewide Sex Offender Database, the school district or
21regional superintendent shall notify an applicant as to whether
22or not the applicant has been identified in the Database as a
23sex offender. If a check of an applicant for employment as a
24substitute or concurrent part-time teacher or concurrent
25educational support personnel employee in more than one school
26district was requested by the regional superintendent, and the

 

 

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1Department of State Police upon a check ascertains that the
2applicant has not been convicted of any of the enumerated
3criminal or drug offenses in subsection (c) or has not been
4convicted, within 7 years of the application for employment
5with the school district, of any other felony under the laws of
6this State or of any offense committed or attempted in any
7other state or against the laws of the United States that, if
8committed or attempted in this State, would have been
9punishable as a felony under the laws of this State and so
10notifies the regional superintendent and if the regional
11superintendent upon a check ascertains that the applicant has
12not been identified in the Sex Offender Database as a sex
13offender, then the regional superintendent shall issue to the
14applicant a certificate evidencing that as of the date
15specified by the Department of State Police the applicant has
16not been convicted of any of the enumerated criminal or drug
17offenses in subsection (c) or has not been convicted, within 7
18years of the application for employment with the school
19district, of any other felony under the laws of this State or
20of any offense committed or attempted in any other state or
21against the laws of the United States that, if committed or
22attempted in this State, would have been punishable as a felony
23under the laws of this State and evidencing that as of the date
24that the regional superintendent conducted a check of the
25Statewide Sex Offender Database, the applicant has not been
26identified in the Database as a sex offender. The school board

 

 

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1of any school district may rely on the certificate issued by
2any regional superintendent to that substitute teacher,
3concurrent part-time teacher, or concurrent educational
4support personnel employee or may initiate its own criminal
5history records check of the applicant through the Department
6of State Police and its own check of the Statewide Sex Offender
7Database as provided in subsection (a). Any person who releases
8any confidential information concerning any criminal
9convictions of an applicant for employment shall be guilty of a
10Class A misdemeanor, unless the release of such information is
11authorized by this Section.
12    (c) No school board shall knowingly employ a person who has
13been convicted of any offense that would subject him or her to
14certification suspension or revocation pursuant to Section
1521-23a of this Code. Further, no school board shall knowingly
16employ a person who has been found to be the perpetrator of
17sexual or physical abuse of any minor under 18 years of age
18pursuant to proceedings under Article II of the Juvenile Court
19Act of 1987.
20    (d) No school board shall knowingly employ a person for
21whom a criminal history records check and a Statewide Sex
22Offender Database check has not been initiated.
23    (e) Upon receipt of the record of a conviction of or a
24finding of child abuse by a holder of any certificate issued
25pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
26Code, the State Superintendent of Education may initiate

 

 

09700HB3022sam001- 34 -LRB097 00297 NHT 55185 a

1certificate suspension and revocation proceedings as
2authorized by law.
3    (e-5) The superintendent of the employing school board
4shall, in writing, notify the State Superintendent of Education
5and the applicable regional superintendent of schools of any
6certificate holder whom he or she has reasonable cause to
7believe has committed an intentional act of abuse or neglect
8with the result of making a child an abused child or a
9neglected child, as defined in Section 3 of the Abused and
10Neglected Child Reporting Act, and that act resulted in the
11certificate holder's dismissal or resignation from the school
12district. This notification must be submitted within 30 days
13after the dismissal or resignation. The certificate holder must
14also be contemporaneously sent a copy of the notice by the
15superintendent. All correspondence, documentation, and other
16information so received by the regional superintendent of
17schools, the State Superintendent of Education, the State Board
18of Education, or the State Teacher Certification Board under
19this subsection (e-5) is confidential and must not be disclosed
20to third parties, except (i) as necessary for the State
21Superintendent of Education or his or her designee to
22investigate and prosecute pursuant to Article 21 of this Code,
23(ii) pursuant to a court order, (iii) for disclosure to the
24certificate holder or his or her representative, or (iv) as
25otherwise provided in this Article and provided that any such
26information admitted into evidence in a hearing is exempt from

 

 

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1this confidentiality and non-disclosure requirement. Except
2for an act of willful or wanton misconduct, any superintendent
3who provides notification as required in this subsection (e-5)
4shall have immunity from any liability, whether civil or
5criminal or that otherwise might result by reason of such
6action.
7    (f) After January 1, 1990 the provisions of this Section
8shall apply to all employees of persons or firms holding
9contracts with any school district including, but not limited
10to, food service workers, school bus drivers and other
11transportation employees, who have direct, daily contact with
12the pupils of any school in such district. For purposes of
13criminal history records checks and checks of the Statewide Sex
14Offender Database on employees of persons or firms holding
15contracts with more than one school district and assigned to
16more than one school district, the regional superintendent of
17the educational service region in which the contracting school
18districts are located may, at the request of any such school
19district, be responsible for receiving the authorization for a
20criminal history records check prepared by each such employee
21and submitting the same to the Department of State Police and
22for conducting a check of the Statewide Sex Offender Database
23and the Statewide Child Murderer and Violent Offender Against
24Youth Database for each employee. Any information concerning
25the record of conviction and identification as a sex offender
26of any such employee obtained by the regional superintendent

 

 

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1shall be promptly reported to the president of the appropriate
2school board or school boards.
3    (g) Beginning on January 1, 2012, the provisions of this
4Section shall apply to all student teachers, as defined by
5State Board of Education rule, assigned to public schools.
6Student teachers must undergo a Department of State Police and
7Federal Bureau of Investigation fingerprint-based criminal
8history records check. Authorization to conduct the criminal
9history records check must be furnished by the student teacher
10to the school to which the student teacher is assigned. The
11Department of State Police and the Federal Bureau of
12Investigation shall furnish, pursuant to a fingerprint-based
13criminal history records check, records of convictions, until
14expunged, to the president of the school board for the school
15district that requested the check. The Department of State
16Police shall charge a fee for conducting the check, which fee
17must be deposited into the State Police Services Fund and must
18not exceed the cost of the inquiry. The student teacher shall
19be required to pay all fees associated with conducting the
20criminal history records check, as well as any other
21application fees as established by rule including, but not
22limited to, the fee established by the Department of State
23Police and the Federal Bureau of Investigation to process
24fingerprint-based criminal history records checks. Results of
25the check must also be furnished by the school district to the
26applicant and to the higher education institution where the

 

 

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1student teacher is enrolled. No one may begin student teaching
2until the results of the criminal history records check have
3been returned to the school district. In order to student teach
4in the public schools, a person is required to authorize a
5fingerprint-based criminal history records check and checks of
6the Statewide Sex Offender Database and Statewide Child
7Murderer and Violent Offender Against Youth Database prior to
8participating in any field experiences in the public schools.
9Authorization for and payment of the costs of the checks must
10be furnished by the student teacher. Results of the checks must
11be furnished to the higher education institution where the
12student teacher is enrolled and the superintendent of the
13school district where the student is assigned.
14(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
1596-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
 
16    (105 ILCS 5/10-22.31a)  (from Ch. 122, par. 10-22.31a)
17    Sec. 10-22.31a. Joint educational programs. To enter into
18joint agreements with other school boards or public
19institutions of higher education to establish any type of
20educational program which any district may establish
21individually, to provide the needed educational facilities and
22to employ a director and other professional workers for such
23program. The director and other professional workers may be
24employed by one district which shall be reimbursed on a
25mutually agreed basis by other districts that are parties to

 

 

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1the joint agreement. Such agreements may provide that one
2district may supply professional workers for a joint program
3conducted in another district. Such agreement shall be executed
4on forms provided by the State Board of Education and shall
5include, but not be limited to, provisions for administration,
6staff, programs, financing, housing, transportation and
7advisory body and provide for the withdrawal of districts from
8the joint agreement by petition to the regional board of school
9trustees. Such petitions for withdrawal shall be made to the
10regional board of school trustees of the region having
11supervision and control over the administrative district and
12shall be acted upon in the manner provided in Article 7 for the
13detachment of territory from a school district.
14    To designate an administrative district to act as fiscal
15and legal agent for the districts that are parties to such a
16joint agreement.
17(Source: P.A. 86-198; 86-1318.)
 
18    (105 ILCS 5/14C-8)  (from Ch. 122, par. 14C-8)
19    Sec. 14C-8. Teacher certification - Qualifications -
20Issuance of certificates. No person shall be eligible for
21employment by a school district as a teacher of transitional
22bilingual education without either (a) holding a valid teaching
23certificate issued pursuant to Article 21 of this Code and
24meeting such additional language and course requirements as
25prescribed by the State Board of Education or (b) meeting the

 

 

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1requirements set forth in this Section. The Certification Board
2shall issue certificates valid for teaching in all grades of
3the common school in transitional bilingual education programs
4to any person who presents it with satisfactory evidence that
5he possesses an adequate speaking and reading ability in a
6language other than English in which transitional bilingual
7education is offered and communicative skills in English, and
8possessed within 5 years previous to his or her applying for a
9certificate under this Section a valid teaching certificate
10issued by a foreign country, or by a State or possession or
11territory of the United States, or other evidence of teaching
12preparation as may be determined to be sufficient by the
13Certification Board, or holds a degree from an institution of
14higher learning in a foreign country which the Certification
15Board determines to be the equivalent of a bachelor's degree
16from a recognized institution of higher learning in the United
17States; provided that any person seeking a certificate under
18this Section must meet the following additional requirements:
19        (1) Such persons must be in good health;
20        (2) Such persons must be of sound moral character;
21        (3) Such persons must be legally present in the United
22    States and possess legal authorization for employment;
23        (4) Such persons must not be employed to replace any
24    presently employed teacher who otherwise would not be
25    replaced for any reason.
26    Certificates issuable pursuant to this Section shall be

 

 

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1issuable only during the 5 years immediately following the
2effective date of this Act and thereafter for additional
3periods of one year only upon a determination by the State
4Board of Education that a school district lacks the number of
5teachers necessary to comply with the mandatory requirements of
6Section 14C-3 of this Article for the establishment and
7maintenance of programs of transitional bilingual education
8and said certificates issued by the Certification Board shall
9be valid for a period of 6 years following their date of
10issuance and shall not be renewed, except that one renewal for
11a period of two years may be granted if necessary to permit the
12holder of a certificate issued under this Section to acquire a
13teaching certificate pursuant to Article 21 of this Code. Such
14certificates and the persons to whom they are issued shall be
15exempt from the provisions of Article 21 of this Code except
16that Sections 21-12, 21-13, 21-16, 21-17, 21-21, 21-22, 21-23
17and 21-24 shall continue to be applicable to all such
18certificates.
19    After the effective date of this amendatory Act of 1984, an
20additional renewal for a period to expire August 31, 1985, may
21be granted. The State Board of Education shall report to the
22General Assembly on or before January 31, 1985 its
23recommendations for the qualification of teachers of bilingual
24education and for the qualification of teachers of English as a
25second language. Said qualification program shall take effect
26no later than August 31, 1985.

 

 

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1    Beginning July 1, 2001, the State Board of Education shall
2implement a test or tests to assess the speaking, reading,
3writing, and grammar skills of applicants for a certificate
4issued under this Section in the English language and in the
5language of the transitional bilingual education program
6requested by the applicant and shall establish appropriate fees
7for these tests. The State Board of Education, in consultation
8with the Certification Board, shall promulgate rules to
9implement the required tests, including specific provisions to
10govern test selection, test validation, determination of a
11passing score, administration of the test or tests, frequency
12of administration, applicant fees, identification requirements
13for test takers, frequency of applicants taking the tests, the
14years for which a score is valid, waiving tests for individuals
15who have satisfactorily passed other tests, and the
16consequences of dishonest conduct in the application for or
17taking of the tests.
18    If the qualifications of an applicant for a certificate
19valid for teaching in transitional bilingual education
20programs in all grades of the common schools do not meet the
21requirements established for the issuance of that certificate,
22the Certification Board nevertheless shall issue the applicant
23a substitute teacher's certificate under Section 21-9 whenever
24it appears from the face of the application submitted for
25certification as a teacher of transitional bilingual education
26and the evidence presented in support thereof that the

 

 

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1applicant's qualifications meet the requirements established
2for the issuance of a certificate under Section 21-9; provided,
3that if it does not appear from the face of such application
4and supporting evidence that the applicant is qualified for
5issuance of a certificate under Section 21-9 the Certification
6Board shall evaluate the application with reference to the
7requirements for issuance of certificates under Section 21-9
8and shall inform the applicant, at the time it denies the
9application submitted for certification as a teacher of
10transitional bilingual education, of the additional
11qualifications which the applicant must possess in order to
12meet the requirements established for issuance of (i) a
13certificate valid for teaching in transitional bilingual
14education programs in all grades of the common schools and (ii)
15a substitute teacher's certificate under Section 21-9.
16(Source: P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07;
1795-876, eff. 8-21-08.)
 
18    (105 ILCS 5/18-6)  (from Ch. 122, par. 18-6)
19    Sec. 18-6. Supervisory expenses. The State Board of
20Education shall annually request an appropriation from the
21common school fund for regional office of education expenses,
22aggregating $1,000 per county per year for each educational
23service region. The State Board of Education shall present
24vouchers to the Comptroller as soon as may be after the first
25day of August each year for each regional office of education.

 

 

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1Each regional office of education may draw upon these funds
2this fund for the expenses necessarily incurred in providing
3for supervisory services in the region.
4(Source: P.A. 88-9; 89-397, eff. 8-20-95.)
 
5    (105 ILCS 5/18-8.05)
6    Sec. 18-8.05. Basis for apportionment of general State
7financial aid and supplemental general State aid to the common
8schools for the 1998-1999 and subsequent school years.
 
9(A) General Provisions.
10    (1) The provisions of this Section apply to the 1998-1999
11and subsequent school years. The system of general State
12financial aid provided for in this Section is designed to
13assure that, through a combination of State financial aid and
14required local resources, the financial support provided each
15pupil in Average Daily Attendance equals or exceeds a
16prescribed per pupil Foundation Level. This formula approach
17imputes a level of per pupil Available Local Resources and
18provides for the basis to calculate a per pupil level of
19general State financial aid that, when added to Available Local
20Resources, equals or exceeds the Foundation Level. The amount
21of per pupil general State financial aid for school districts,
22in general, varies in inverse relation to Available Local
23Resources. Per pupil amounts are based upon each school
24district's Average Daily Attendance as that term is defined in

 

 

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1this 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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.
22    Days of attendance by tuition pupils shall be accredited
23only to the districts that pay the tuition to a recognized
24school.
25    (2) Days of attendance by pupils of less than 5 clock hours
26of school shall be subject to the following provisions in the

 

 

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1compilation of Average Daily Attendance.
2        (a) Pupils regularly enrolled in a public school for
3    only a part of the school day may be counted on the basis
4    of 1/6 day for every class hour of instruction of 40
5    minutes or more attended pursuant to such enrollment,
6    unless a pupil is enrolled in a block-schedule format of 80
7    minutes or more of instruction, in which case the pupil may
8    be counted on the basis of the proportion of minutes of
9    school work completed each day to the minimum number of
10    minutes that school work is required to be held that day.
11        (b) Days of attendance may be less than 5 clock hours
12    on the opening and closing of the school term, and upon the
13    first day of pupil attendance, if preceded by a day or days
14    utilized as an institute or teachers' workshop.
15        (c) A session of 4 or more clock hours may be counted
16    as a day of attendance upon certification by the regional
17    superintendent, and approved by the State Superintendent
18    of Education to the extent that the district has been
19    forced to use daily multiple sessions.
20        (d) A session of 3 or more clock hours may be counted
21    as a day of attendance (1) when the remainder of the school
22    day or at least 2 hours in the evening of that day is
23    utilized for an in-service training program for teachers,
24    up to a maximum of 5 days per school year, provided a
25    district conducts an in-service training program for
26    teachers in accordance with Section 10-22.39 of this Code;

 

 

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

 

 

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

 

 

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

 

 

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1    Section 2-3.64 of this Code, the day of attendance for a
2    pupil whose school day must be shortened to accommodate
3    required testing procedures may be less than 5 clock hours
4    and shall be counted towards the 176 days of actual pupil
5    attendance required under Section 10-19 of this Code,
6    provided that a sufficient number of minutes of school work
7    in excess of 5 clock hours are first completed on other
8    school days to compensate for the loss of school work on
9    the examination days.
 
10(G) Equalized Assessed Valuation Data.
11    (1) For purposes of the calculation of Available Local
12Resources required pursuant to subsection (D), the State Board
13of Education shall secure from the Department of Revenue the
14value as equalized or assessed by the Department of Revenue of
15all taxable property of every school district, together with
16(i) the applicable tax rate used in extending taxes for the
17funds of the district as of September 30 of the previous year
18and (ii) the limiting rate for all school districts subject to
19property tax extension limitations as imposed under the
20Property Tax Extension Limitation Law.
21    The Department of Revenue shall add to the equalized
22assessed value of all taxable property of each school district
23situated entirely or partially within a county that is or was
24subject to the provisions of Section 15-176 or 15-177 of the
25Property Tax Code (a) an amount equal to the total amount by

 

 

09700HB3022sam001- 59 -LRB097 00297 NHT 55185 a

1which the homestead exemption allowed under Section 15-176 or
215-177 of the Property Tax Code for real property situated in
3that school district exceeds the total amount that would have
4been allowed in that school district if the maximum reduction
5under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
6all other counties in tax year 2003 or (ii) $5,000 in all
7counties in tax year 2004 and thereafter and (b) an amount
8equal to the aggregate amount for the taxable year of all
9additional exemptions under Section 15-175 of the Property Tax
10Code for owners with a household income of $30,000 or less. The
11county clerk of any county that is or was subject to the
12provisions of Section 15-176 or 15-177 of the Property Tax Code
13shall annually calculate and certify to the Department of
14Revenue for each school district all homestead exemption
15amounts under Section 15-176 or 15-177 of the Property Tax Code
16and all amounts of additional exemptions under Section 15-175
17of the Property Tax Code for owners with a household income of
18$30,000 or less. It is the intent of this paragraph that if the
19general homestead exemption for a parcel of property is
20determined under Section 15-176 or 15-177 of the Property Tax
21Code rather than Section 15-175, then the calculation of
22Available Local Resources shall not be affected by the
23difference, if any, between the amount of the general homestead
24exemption allowed for that parcel of property under Section
2515-176 or 15-177 of the Property Tax Code and the amount that
26would have been allowed had the general homestead exemption for

 

 

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1that parcel of property been determined under Section 15-175 of
2the Property Tax Code. It is further the intent of this
3paragraph that if additional exemptions are allowed under
4Section 15-175 of the Property Tax Code for owners with a
5household income of less than $30,000, then the calculation of
6Available Local Resources shall not be affected by the
7difference, if any, because of those additional exemptions.
8    This equalized assessed valuation, as adjusted further by
9the requirements of this subsection, shall be utilized in the
10calculation of Available Local Resources.
11    (2) The equalized assessed valuation in paragraph (1) shall
12be adjusted, as applicable, in the following manner:
13        (a) For the purposes of calculating State aid under
14    this Section, with respect to any part of a school district
15    within a redevelopment project area in respect to which a
16    municipality has adopted tax increment allocation
17    financing pursuant to the Tax Increment Allocation
18    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
19    of the Illinois Municipal Code or the Industrial Jobs
20    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
21    Illinois Municipal Code, no part of the current equalized
22    assessed valuation of real property located in any such
23    project area which is attributable to an increase above the
24    total initial equalized assessed valuation of such
25    property shall be used as part of the equalized assessed
26    valuation of the district, until such time as all

 

 

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1    redevelopment project costs have been paid, as provided in
2    Section 11-74.4-8 of the Tax Increment Allocation
3    Redevelopment Act or in Section 11-74.6-35 of the
4    Industrial Jobs Recovery Law. For the purpose of the
5    equalized assessed valuation of the district, the total
6    initial equalized assessed valuation or the current
7    equalized assessed valuation, whichever is lower, shall be
8    used until such time as all redevelopment project costs
9    have been paid.
10        (b) The real property equalized assessed valuation for
11    a school district shall be adjusted by subtracting from the
12    real property value as equalized or assessed by the
13    Department of Revenue for the district an amount computed
14    by dividing the amount of any abatement of taxes under
15    Section 18-170 of the Property Tax Code by 3.00% for a
16    district maintaining grades kindergarten through 12, by
17    2.30% for a district maintaining grades kindergarten
18    through 8, or by 1.05% for a district maintaining grades 9
19    through 12 and adjusted by an amount computed by dividing
20    the amount of any abatement of taxes under subsection (a)
21    of Section 18-165 of the Property Tax Code by the same
22    percentage rates for district type as specified in this
23    subparagraph (b).
24    (3) For the 1999-2000 school year and each school year
25thereafter, if a school district meets all of the criteria of
26this subsection (G)(3), the school district's Available Local

 

 

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1Resources shall be calculated under subsection (D) using the
2district's Extension Limitation Equalized Assessed Valuation
3as calculated under this subsection (G)(3).
4    For purposes of this subsection (G)(3) the following terms
5shall have the following meanings:
6        "Budget Year": The school year for which general State
7    aid is calculated and awarded under subsection (E).
8        "Base Tax Year": The property tax levy year used to
9    calculate the Budget Year allocation of general State aid.
10        "Preceding Tax Year": The property tax levy year
11    immediately preceding the Base Tax Year.
12        "Base Tax Year's Tax Extension": The product of the
13    equalized assessed valuation utilized by the County Clerk
14    in the Base Tax Year multiplied by the limiting rate as
15    calculated by the County Clerk and defined in the Property
16    Tax Extension Limitation Law.
17        "Preceding Tax Year's Tax Extension": The product of
18    the equalized assessed valuation utilized by the County
19    Clerk in the Preceding Tax Year multiplied by the Operating
20    Tax Rate as defined in subsection (A).
21        "Extension Limitation Ratio": A numerical ratio,
22    certified by the County Clerk, in which the numerator is
23    the Base Tax Year's Tax Extension and the denominator is
24    the Preceding Tax Year's Tax Extension.
25        "Operating Tax Rate": The operating tax rate as defined
26    in subsection (A).

 

 

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1    If a school district is subject to property tax extension
2limitations as imposed under the Property Tax Extension
3Limitation Law, the State Board of Education shall calculate
4the Extension Limitation Equalized Assessed Valuation of that
5district. For the 1999-2000 school year, the Extension
6Limitation Equalized Assessed Valuation of a school district as
7calculated by the State Board of Education shall be equal to
8the product of the district's 1996 Equalized Assessed Valuation
9and the district's Extension Limitation Ratio. Except as
10otherwise provided in this paragraph for a school district that
11has approved or does approve an increase in its limiting rate,
12for the 2000-2001 school year and each school year thereafter,
13the Extension Limitation Equalized Assessed Valuation of a
14school district as calculated by the State Board of Education
15shall be equal to the product of the Equalized Assessed
16Valuation last used in the calculation of general State aid and
17the district's Extension Limitation Ratio. If the Extension
18Limitation Equalized Assessed Valuation of a school district as
19calculated under this subsection (G)(3) is less than the
20district's equalized assessed valuation as calculated pursuant
21to subsections (G)(1) and (G)(2), then for purposes of
22calculating the district's general State aid for the Budget
23Year pursuant to subsection (E), that Extension Limitation
24Equalized Assessed Valuation shall be utilized to calculate the
25district's Available Local Resources under subsection (D). For
26the 2009-2010 school year and each school year thereafter, if a

 

 

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1school district has approved or does approve an increase in its
2limiting rate, pursuant to Section 18-190 of the Property Tax
3Code, affecting the Base Tax Year, the Extension Limitation
4Equalized Assessed Valuation of the school district, as
5calculated by the State Board of Education, shall be equal to
6the product of the Equalized Assessed Valuation last used in
7the calculation of general State aid times an amount equal to
8one plus the percentage increase, if any, in the Consumer Price
9Index for all Urban Consumers for all items published by the
10United States Department of Labor for the 12-month calendar
11year preceding the Base Tax Year, plus the Equalized Assessed
12Valuation of new property, annexed property, and recovered tax
13increment value and minus the Equalized Assessed Valuation of
14disconnected property. New property and recovered tax
15increment value shall have the meanings set forth in the
16Property Tax Extension Limitation Law.
17    Partial elementary unit districts created in accordance
18with Article 11E of this Code shall not be eligible for the
19adjustment in this subsection (G)(3) until the fifth year
20following the effective date of the reorganization.
21    (3.5) For the 2010-2011 school year and each school year
22thereafter, if a school district's boundaries span multiple
23counties, then the Department of Revenue shall send to the
24State Board of Education, for the purpose of calculating
25general State aid, the limiting rate and individual rates by
26purpose for the county that contains the majority of the school

 

 

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1district's Equalized Assessed Valuation.
2    (4) For the purposes of calculating general State aid for
3the 1999-2000 school year only, if a school district
4experienced a triennial reassessment on the equalized assessed
5valuation used in calculating its general State financial aid
6apportionment for the 1998-1999 school year, the State Board of
7Education shall calculate the Extension Limitation Equalized
8Assessed Valuation that would have been used to calculate the
9district's 1998-1999 general State aid. This amount shall equal
10the product of the equalized assessed valuation used to
11calculate general State aid for the 1997-1998 school year and
12the district's Extension Limitation Ratio. If the Extension
13Limitation Equalized Assessed Valuation of the school district
14as calculated under this paragraph (4) is less than the
15district's equalized assessed valuation utilized in
16calculating the district's 1998-1999 general State aid
17allocation, then for purposes of calculating the district's
18general State aid pursuant to paragraph (5) of subsection (E),
19that Extension Limitation Equalized Assessed Valuation shall
20be utilized to calculate the district's Available Local
21Resources.
22    (5) For school districts having a majority of their
23equalized assessed valuation in any county except Cook, DuPage,
24Kane, Lake, McHenry, or Will, if the amount of general State
25aid allocated to the school district for the 1999-2000 school
26year under the provisions of subsection (E), (H), and (J) of

 

 

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1this Section is less than the amount of general State aid
2allocated to the district for the 1998-1999 school year under
3these subsections, then the general State aid of the district
4for the 1999-2000 school year only shall be increased by the
5difference between these amounts. The total payments made under
6this paragraph (5) shall not exceed $14,000,000. Claims shall
7be prorated if they exceed $14,000,000.
 
8(H) Supplemental General State Aid.
9    (1) In addition to the general State aid a school district
10is allotted pursuant to subsection (E), qualifying school
11districts shall receive a grant, paid in conjunction with a
12district's payments of general State aid, for supplemental
13general State aid based upon the concentration level of
14children from low-income households within the school
15district. Supplemental State aid grants provided for school
16districts under this subsection shall be appropriated for
17distribution to school districts as part of the same line item
18in which the general State financial aid of school districts is
19appropriated under this Section.
20    (1.5) This paragraph (1.5) applies only to those school
21years preceding the 2003-2004 school year. For purposes of this
22subsection (H), the term "Low-Income Concentration Level"
23shall be the low-income eligible pupil count from the most
24recently available federal census divided by the Average Daily
25Attendance of the school district. If, however, (i) the

 

 

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1percentage decrease from the 2 most recent federal censuses in
2the low-income eligible pupil count of a high school district
3with fewer than 400 students exceeds by 75% or more the
4percentage change in the total low-income eligible pupil count
5of contiguous elementary school districts, whose boundaries
6are coterminous with the high school district, or (ii) a high
7school district within 2 counties and serving 5 elementary
8school districts, whose boundaries are coterminous with the
9high school district, has a percentage decrease from the 2 most
10recent federal censuses in the low-income eligible pupil count
11and there is a percentage increase in the total low-income
12eligible pupil count of a majority of the elementary school
13districts in excess of 50% from the 2 most recent federal
14censuses, then the high school district's low-income eligible
15pupil count from the earlier federal census shall be the number
16used as the low-income eligible pupil count for the high school
17district, for purposes of this subsection (H). The changes made
18to this paragraph (1) by Public Act 92-28 shall apply to
19supplemental general State aid grants for school years
20preceding the 2003-2004 school year that are paid in fiscal
21year 1999 or thereafter and to any State aid payments made in
22fiscal year 1994 through fiscal year 1998 pursuant to
23subsection 1(n) of Section 18-8 of this Code (which was
24repealed on July 1, 1998), and any high school district that is
25affected by Public Act 92-28 is entitled to a recomputation of
26its supplemental general State aid grant or State aid paid in

 

 

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1any of those fiscal years. This recomputation shall not be
2affected by any other funding.
3    (1.10) This paragraph (1.10) applies to the 2003-2004
4school year and each school year thereafter. For purposes of
5this subsection (H), the term "Low-Income Concentration Level"
6shall, for each fiscal year, be the low-income eligible pupil
7count as of July 1 of the immediately preceding fiscal year (as
8determined by the Department of Human Services based on the
9number of pupils who are eligible for at least one of the
10following low income programs: Medicaid, the Children's Health
11Insurance Program, TANF, or Food Stamps, excluding pupils who
12are eligible for services provided by the Department of
13Children and Family Services, averaged over the 2 immediately
14preceding fiscal years for fiscal year 2004 and over the 3
15immediately preceding fiscal years for each fiscal year
16thereafter) divided by the Average Daily Attendance of the
17school district.
18    (2) Supplemental general State aid pursuant to this
19subsection (H) shall be provided as follows for the 1998-1999,
201999-2000, and 2000-2001 school years only:
21        (a) For any school district with a Low Income
22    Concentration Level of at least 20% and less than 35%, the
23    grant for any school year shall be $800 multiplied by the
24    low income eligible pupil count.
25        (b) For any school district with a Low Income
26    Concentration Level of at least 35% and less than 50%, the

 

 

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1    grant for the 1998-1999 school year shall be $1,100
2    multiplied by the low income eligible pupil count.
3        (c) For any school district with a Low Income
4    Concentration Level of at least 50% and less than 60%, the
5    grant for the 1998-99 school year shall be $1,500
6    multiplied by the low income eligible pupil count.
7        (d) For any school district with a Low Income
8    Concentration Level of 60% or more, the grant for the
9    1998-99 school year shall be $1,900 multiplied by the low
10    income eligible pupil count.
11        (e) For the 1999-2000 school year, the per pupil amount
12    specified in subparagraphs (b), (c), and (d) immediately
13    above shall be increased to $1,243, $1,600, and $2,000,
14    respectively.
15        (f) For the 2000-2001 school year, the per pupil
16    amounts specified in subparagraphs (b), (c), and (d)
17    immediately above shall be $1,273, $1,640, and $2,050,
18    respectively.
19    (2.5) Supplemental general State aid pursuant to this
20subsection (H) shall be provided as follows for the 2002-2003
21school year:
22        (a) For any school district with a Low Income
23    Concentration Level of less than 10%, the grant for each
24    school year shall be $355 multiplied by the low income
25    eligible pupil count.
26        (b) For any school district with a Low Income

 

 

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1    Concentration Level of at least 10% and less than 20%, the
2    grant for each school year shall be $675 multiplied by the
3    low income eligible pupil count.
4        (c) For any school district with a Low Income
5    Concentration Level of at least 20% and less than 35%, the
6    grant for each school year shall be $1,330 multiplied by
7    the low income eligible pupil count.
8        (d) For any school district with a Low Income
9    Concentration Level of at least 35% and less than 50%, the
10    grant for each school year shall be $1,362 multiplied by
11    the low income eligible pupil count.
12        (e) For any school district with a Low Income
13    Concentration Level of at least 50% and less than 60%, the
14    grant for each school year shall be $1,680 multiplied by
15    the low income eligible pupil count.
16        (f) For any school district with a Low Income
17    Concentration Level of 60% or more, the grant for each
18    school year shall be $2,080 multiplied by the low income
19    eligible pupil count.
20    (2.10) Except as otherwise provided, supplemental general
21State aid pursuant to this subsection (H) shall be provided as
22follows for the 2003-2004 school year and each school year
23thereafter:
24        (a) For any school district with a Low Income
25    Concentration Level of 15% or less, the grant for each
26    school year shall be $355 multiplied by the low income

 

 

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1    eligible pupil count.
2        (b) For any school district with a Low Income
3    Concentration Level greater than 15%, the grant for each
4    school year shall be $294.25 added to the product of $2,700
5    and the square of the Low Income Concentration Level, all
6    multiplied by the low income eligible pupil count.
7    For the 2003-2004 school year and each school year
8thereafter through the 2008-2009 school year only, the grant
9shall be no less than the grant for the 2002-2003 school year.
10For the 2009-2010 school year only, the grant shall be no less
11than the grant for the 2002-2003 school year multiplied by
120.66. For the 2010-2011 school year only, the grant shall be no
13less than the grant for the 2002-2003 school year multiplied by
140.33. Notwithstanding the provisions of this paragraph to the
15contrary, if for any school year supplemental general State aid
16grants are prorated as provided in paragraph (1) of this
17subsection (H), then the grants under this paragraph shall be
18prorated.
19    For the 2003-2004 school year only, the grant shall be no
20greater than the grant received during the 2002-2003 school
21year added to the product of 0.25 multiplied by the difference
22between the grant amount calculated under subsection (a) or (b)
23of this paragraph (2.10), whichever is applicable, and the
24grant received during the 2002-2003 school year. For the
252004-2005 school year only, the grant shall be no greater than
26the grant received during the 2002-2003 school year added to

 

 

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1the product of 0.50 multiplied by the difference between the
2grant amount calculated under subsection (a) or (b) of this
3paragraph (2.10), whichever is applicable, and the grant
4received during the 2002-2003 school year. For the 2005-2006
5school year only, the grant shall be no greater than the grant
6received during the 2002-2003 school year added to the product
7of 0.75 multiplied by the difference between the grant amount
8calculated under subsection (a) or (b) of this paragraph
9(2.10), whichever is applicable, and the grant received during
10the 2002-2003 school year.
11    (3) (Blank). School districts with an Average Daily
12Attendance of more than 1,000 and less than 50,000 that qualify
13for supplemental general State aid pursuant to this subsection
14shall submit a plan to the State Board of Education prior to
15October 30 of each year for the use of the funds resulting from
16this grant of supplemental general State aid for the
17improvement of instruction in which priority is given to
18meeting the education needs of disadvantaged children. Such
19plan shall be submitted in accordance with rules and
20regulations promulgated by the State Board of Education.
21    (4) School districts with an Average Daily Attendance of
2250,000 or more that qualify for supplemental general State aid
23pursuant to this subsection shall be required to distribute
24from funds available pursuant to this Section, no less than
25$261,000,000 in accordance with the following requirements:
26        (a) The required amounts shall be distributed to the

 

 

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1    attendance centers within the district in proportion to the
2    number of pupils enrolled at each attendance center who are
3    eligible to receive free or reduced-price lunches or
4    breakfasts under the federal Child Nutrition Act of 1966
5    and under the National School Lunch Act during the
6    immediately preceding school year.
7        (b) The distribution of these portions of supplemental
8    and general State aid among attendance centers according to
9    these requirements shall not be compensated for or
10    contravened by adjustments of the total of other funds
11    appropriated to any attendance centers, and the Board of
12    Education shall utilize funding from one or several sources
13    in order to fully implement this provision annually prior
14    to the opening of school.
15        (c) Each attendance center shall be provided by the
16    school district a distribution of noncategorical funds and
17    other categorical funds to which an attendance center is
18    entitled under law in order that the general State aid and
19    supplemental general State aid provided by application of
20    this subsection supplements rather than supplants the
21    noncategorical funds and other categorical funds provided
22    by the school district to the attendance centers.
23        (d) Any funds made available under this subsection that
24    by reason of the provisions of this subsection are not
25    required to be allocated and provided to attendance centers
26    may be used and appropriated by the board of the district

 

 

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1    for any lawful school purpose.
2        (e) Funds received by an attendance center pursuant to
3    this subsection shall be used by the attendance center at
4    the discretion of the principal and local school council
5    for programs to improve educational opportunities at
6    qualifying schools through the following programs and
7    services: early childhood education, reduced class size or
8    improved adult to student classroom ratio, enrichment
9    programs, remedial assistance, attendance improvement, and
10    other educationally beneficial expenditures which
11    supplement the regular and basic programs as determined by
12    the State Board of Education. Funds provided shall not be
13    expended for any political or lobbying purposes as defined
14    by board rule.
15        (f) Each district subject to the provisions of this
16    subdivision (H)(4) shall submit an acceptable plan to meet
17    the educational needs of disadvantaged children, in
18    compliance with the requirements of this paragraph, to the
19    State Board of Education prior to July 15 of each year.
20    This plan shall be consistent with the decisions of local
21    school councils concerning the school expenditure plans
22    developed in accordance with part 4 of Section 34-2.3. The
23    State Board shall approve or reject the plan within 60 days
24    after its submission. If the plan is rejected, the district
25    shall give written notice of intent to modify the plan
26    within 15 days of the notification of rejection and then

 

 

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1    submit a modified plan within 30 days after the date of the
2    written notice of intent to modify. Districts may amend
3    approved plans pursuant to rules promulgated by the State
4    Board of Education.
5        Upon notification by the State Board of Education that
6    the district has not submitted a plan prior to July 15 or a
7    modified plan within the time period specified herein, the
8    State aid funds affected by that plan or modified plan
9    shall be withheld by the State Board of Education until a
10    plan or modified plan is submitted.
11        If the district fails to distribute State aid to
12    attendance centers in accordance with an approved plan, the
13    plan for the following year shall allocate funds, in
14    addition to the funds otherwise required by this
15    subsection, to those attendance centers which were
16    underfunded during the previous year in amounts equal to
17    such underfunding.
18        For purposes of determining compliance with this
19    subsection in relation to the requirements of attendance
20    center funding, each district subject to the provisions of
21    this subsection shall submit as a separate document by
22    December 1 of each year a report of expenditure data for
23    the prior year in addition to any modification of its
24    current plan. If it is determined that there has been a
25    failure to comply with the expenditure provisions of this
26    subsection regarding contravention or supplanting, the

 

 

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1    State Superintendent of Education shall, within 60 days of
2    receipt of the report, notify the district and any affected
3    local school council. The district shall within 45 days of
4    receipt of that notification inform the State
5    Superintendent of Education of the remedial or corrective
6    action to be taken, whether by amendment of the current
7    plan, if feasible, or by adjustment in the plan for the
8    following year. Failure to provide the expenditure report
9    or the notification of remedial or corrective action in a
10    timely manner shall result in a withholding of the affected
11    funds.
12        The State Board of Education shall promulgate rules and
13    regulations to implement the provisions of this
14    subsection. No funds shall be released under this
15    subdivision (H)(4) to any district that has not submitted a
16    plan that has been approved by the State Board of
17    Education.
 
18(I) (Blank).
 
19(J) Supplementary Grants in Aid.
20    (1) Notwithstanding any other provisions of this Section,
21the amount of the aggregate general State aid in combination
22with supplemental general State aid under this Section for
23which each school district is eligible shall be no less than
24the amount of the aggregate general State aid entitlement that

 

 

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1was received by the district under Section 18-8 (exclusive of
2amounts received under subsections 5(p) and 5(p-5) of that
3Section) for the 1997-98 school year, pursuant to the
4provisions of that Section as it was then in effect. If a
5school district qualifies to receive a supplementary payment
6made under this subsection (J), the amount of the aggregate
7general State aid in combination with supplemental general
8State aid under this Section which that district is eligible to
9receive for each school year shall be no less than the amount
10of the aggregate general State aid entitlement that was
11received by the district under Section 18-8 (exclusive of
12amounts received under subsections 5(p) and 5(p-5) of that
13Section) for the 1997-1998 school year, pursuant to the
14provisions of that Section as it was then in effect.
15    (2) If, as provided in paragraph (1) of this subsection
16(J), a school district is to receive aggregate general State
17aid in combination with supplemental general State aid under
18this Section for the 1998-99 school year and any subsequent
19school year that in any such school year is less than the
20amount of the aggregate general State aid entitlement that the
21district received for the 1997-98 school year, the school
22district shall also receive, from a separate appropriation made
23for purposes of this subsection (J), a supplementary payment
24that is equal to the amount of the difference in the aggregate
25State aid figures as described in paragraph (1).
26    (3) (Blank).
 

 

 

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1(K) Grants to Laboratory and Alternative Schools.
2    In calculating the amount to be paid to the governing board
3of a public university that operates a laboratory school under
4this Section or to any alternative school that is operated by a
5regional superintendent of schools, the State Board of
6Education shall require by rule such reporting requirements as
7it deems necessary.
8    As used in this Section, "laboratory school" means a public
9school which is created and operated by a public university and
10approved by the State Board of Education. The governing board
11of a public university which receives funds from the State
12Board under this subsection (K) may not increase the number of
13students enrolled in its laboratory school from a single
14district, if that district is already sending 50 or more
15students, except under a mutual agreement between the school
16board of a student's district of residence and the university
17which operates the laboratory school. A laboratory school may
18not have more than 1,000 students, excluding students with
19disabilities in a special education program.
20    As used in this Section, "alternative school" means a
21public school which is created and operated by a Regional
22Superintendent of Schools and approved by the State Board of
23Education. Such alternative schools may offer courses of
24instruction for which credit is given in regular school
25programs, courses to prepare students for the high school

 

 

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1equivalency testing program or vocational and occupational
2training. A regional superintendent of schools may contract
3with a school district or a public community college district
4to operate an alternative school. An alternative school serving
5more than one educational service region may be established by
6the regional superintendents of schools of the affected
7educational service regions. An alternative school serving
8more than one educational service region may be operated under
9such terms as the regional superintendents of schools of those
10educational service regions may agree.
11    Each laboratory and alternative school shall file, on forms
12provided by the State Superintendent of Education, an annual
13State aid claim which states the Average Daily Attendance of
14the school's students by month. The best 3 months' Average
15Daily Attendance shall be computed for each school. The general
16State aid entitlement shall be computed by multiplying the
17applicable Average Daily Attendance by the Foundation Level as
18determined under this Section.
 
19(L) Payments, Additional Grants in Aid and Other Requirements.
20    (1) For a school district operating under the financial
21supervision of an Authority created under Article 34A, the
22general State aid otherwise payable to that district under this
23Section, but not the supplemental general State aid, shall be
24reduced by an amount equal to the budget for the operations of
25the Authority as certified by the Authority to the State Board

 

 

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1of Education, and an amount equal to such reduction shall be
2paid to the Authority created for such district for its
3operating expenses in the manner provided in Section 18-11. The
4remainder of general State school aid for any such district
5shall be paid in accordance with Article 34A when that Article
6provides for a disposition other than that provided by this
7Article.
8    (2) (Blank).
9    (3) Summer school. Summer school payments shall be made as
10provided in Section 18-4.3.
 
11(M) Education Funding Advisory Board.
12    The Education Funding Advisory Board, hereinafter in this
13subsection (M) referred to as the "Board", is hereby created.
14The Board shall consist of 5 members who are appointed by the
15Governor, by and with the advice and consent of the Senate. The
16members appointed shall include representatives of education,
17business, and the general public. One of the members so
18appointed shall be designated by the Governor at the time the
19appointment is made as the chairperson of the Board. The
20initial members of the Board may be appointed any time after
21the effective date of this amendatory Act of 1997. The regular
22term of each member of the Board shall be for 4 years from the
23third Monday of January of the year in which the term of the
24member's appointment is to commence, except that of the 5
25initial members appointed to serve on the Board, the member who

 

 

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

 

 

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

 

 

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1Section 18-8 as that Section existed before its repeal and
2replacement by this Section 18-8.05 shall be deemed to refer to
3the corresponding provisions of this Section 18-8.05, to the
4extent that those references remain applicable.
5    (2) References in other laws to State Chapter 1 funds shall
6be deemed to refer to the supplemental general State aid
7provided under subsection (H) of this Section.
 
8(P) Public Act 93-838 and Public Act 93-808 make inconsistent
9changes to this Section. Under Section 6 of the Statute on
10Statutes there is an irreconcilable conflict between Public Act
1193-808 and Public Act 93-838. Public Act 93-838, being the last
12acted upon, is controlling. The text of Public Act 93-838 is
13the law regardless of the text of Public Act 93-808.
14(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
1595-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
168-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
178-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; 96-959,
18eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. 11-18-10;
19revised 11-24-10.)
 
20    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
21    Sec. 18-12. Dates for filing State aid claims. The school
22board of each school district shall require teachers,
23principals, or superintendents to furnish from records kept by
24them such data as it needs in preparing and certifying to the

 

 

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1State Superintendent of Education regional superintendent its
2school district report of claims provided in Sections 18-8.05
3through 18-9 as required by the State Superintendent of
4Education. The district claim shall be based on the latest
5available equalized assessed valuation and tax rates, as
6provided in Section 18-8.05 and shall use the average daily
7attendance as determined by the method outlined in Section
818-8.05 and shall be certified and filed with the State
9Superintendent of Education regional superintendent by June 21
10for districts with an official school calendar end date before
11June 15 or within 2 weeks following the official school
12calendar end date for districts with a school year end date of
13June 15 or later. The regional superintendent shall certify and
14file with the State Superintendent of Education district State
15aid claims by July 1 for districts with an official school
16calendar end date before June 15 or no later than July 15 for
17districts with an official school calendar end date of June 15
18or later. Failure to so file by these deadlines constitutes a
19forfeiture of the right to receive payment by the State until
20such claim is filed and vouchered for payment. The regional
21superintendent of schools shall certify the county report of
22claims by July 15; and the State Superintendent of Education
23shall voucher for payment those claims to the State Comptroller
24as provided in Section 18-11.
25    Except as otherwise provided in this Section, if any school
26district fails to provide the minimum school term specified in

 

 

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

 

 

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1based on the average attendance of the 3 school days
2immediately preceding the closure of the affected school
3building. The partial or no day of attendance described in this
4Section and the reasons therefore shall be certified within a
5month of the closing or delayed start by the school district
6superintendent to the regional superintendent of schools for
7forwarding to the State Superintendent of Education for
8approval.
9    No exception to the requirement of providing a minimum
10school term may be approved by the State Superintendent of
11Education pursuant to this Section unless a school district has
12first used all emergency days provided for in its regular
13calendar.
14    If the State Superintendent of Education declares that an
15energy shortage exists during any part of the school year for
16the State or a designated portion of the State, a district may
17operate the school attendance centers within the district 4
18days of the week during the time of the shortage by extending
19each existing school day by one clock hour of school work, and
20the State aid claim shall not be reduced, nor shall the
21employees of that district suffer any reduction in salary or
22benefits as a result thereof. A district may operate all
23attendance centers on this revised schedule, or may apply the
24schedule to selected attendance centers, taking into
25consideration such factors as pupil transportation schedules
26and patterns and sources of energy for individual attendance

 

 

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1centers.
2    Electronically submitted State aid claims shall be
3submitted by duly authorized district or regional individuals
4over a secure network that is password protected. The
5electronic submission of a State aid claim must be accompanied
6with an affirmation that all of the provisions of Sections
718-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
8all respects.
9(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
1095-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
 
11    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
12    Sec. 26-2a. A "truant" is defined as a child subject to
13compulsory school attendance and who is absent without valid
14cause from such attendance for a school day or portion thereof.
15    "Valid cause" for absence shall be illness, observance of a
16religious holiday, death in the immediate family, family
17emergency, and shall include such other situations beyond the
18control of the student as determined by the board of education
19in each district, or such other circumstances which cause
20reasonable concern to the parent for the safety or health of
21the student.
22    "Chronic or habitual truant" shall be defined as a child
23subject to compulsory school attendance and who is absent
24without valid cause from such attendance for 10% or more of the
25previous 180 regular attendance days.

 

 

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1    "Truant minor" is defined as a chronic truant to whom
2supportive services, including prevention, diagnostic,
3intervention and remedial services, alternative programs and
4other school and community resources have been provided and
5have failed to result in the cessation of chronic truancy, or
6have been offered and refused.
7    A "dropout" is defined as any child enrolled in grades one
89 through 12 whose name has been removed from the district
9enrollment roster for any reason other than the student's
10death, extended illness, removal for medical non-compliance,
11expulsion, aging out, graduation, or completion of a program of
12studies and who has not transferred to another public or
13private school or moved out of the United States and is not
14known to be home-schooled by his or her parents or guardians or
15continuing school in another country.
16    "Religion" for the purposes of this Article, includes all
17aspects of religious observance and practice, as well as
18belief.
19(Source: P.A. 96-1423, eff. 8-3-10.)
 
20    (105 ILCS 5/27A-7)
21    Sec. 27A-7. Charter submission.
22    (a) A proposal to establish a charter school shall be
23submitted to the State Board and the local school board in the
24form of a proposed contract entered into between the local
25school board and the governing body of a proposed charter

 

 

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1school. The charter school proposal as submitted to the State
2Board shall include:
3        (1) The name of the proposed charter school, which must
4    include the words "Charter School".
5        (2) The age or grade range, areas of focus, minimum and
6    maximum numbers of pupils to be enrolled in the charter
7    school, and any other admission criteria that would be
8    legal if used by a school district.
9        (3) A description of and address for the physical plant
10    in which the charter school will be located; provided that
11    nothing in the Article shall be deemed to justify delaying
12    or withholding favorable action on or approval of a charter
13    school proposal because the building or buildings in which
14    the charter school is to be located have not been acquired
15    or rented at the time a charter school proposal is
16    submitted or approved or a charter school contract is
17    entered into or submitted for certification or certified,
18    so long as the proposal or submission identifies and names
19    at least 2 sites that are potentially available as a
20    charter school facility by the time the charter school is
21    to open.
22        (4) The mission statement of the charter school, which
23    must be consistent with the General Assembly's declared
24    purposes; provided that nothing in this Article shall be
25    construed to require that, in order to receive favorable
26    consideration and approval, a charter school proposal

 

 

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1    demonstrate unequivocally that the charter school will be
2    able to meet each of those declared purposes, it being the
3    intention of the Charter Schools Law that those purposes be
4    recognized as goals that charter schools must aspire to
5    attain.
6        (5) The goals, objectives, and pupil performance
7    standards to be achieved by the charter school.
8        (6) In the case of a proposal to establish a charter
9    school by converting an existing public school or
10    attendance center to charter school status, evidence that
11    the proposed formation of the charter school has received
12    the approval of certified teachers, parents and guardians,
13    and, if applicable, a local school council as provided in
14    subsection (b) of Section 27A-8.
15        (7) A description of the charter school's educational
16    program, pupil performance standards, curriculum, school
17    year, school days, and hours of operation.
18        (8) A description of the charter school's plan for
19    evaluating pupil performance, the types of assessments
20    that will be used to measure pupil progress towards
21    achievement of the school's pupil performance standards,
22    the timeline for achievement of those standards, and the
23    procedures for taking corrective action in the event that
24    pupil performance at the charter school falls below those
25    standards.
26        (9) Evidence that the terms of the charter as proposed

 

 

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1    are economically sound for both the charter school and the
2    school district, a proposed budget for the term of the
3    charter, a description of the manner in which an annual
4    audit of the financial and administrative operations of the
5    charter school, including any services provided by the
6    school district, are to be conducted, and a plan for the
7    displacement of pupils, teachers, and other employees who
8    will not attend or be employed in the charter school.
9        (10) A description of the governance and operation of
10    the charter school, including the nature and extent of
11    parental, professional educator, and community involvement
12    in the governance and operation of the charter school.
13        (11) An explanation of the relationship that will exist
14    between the charter school and its employees, including
15    evidence that the terms and conditions of employment have
16    been addressed with affected employees and their
17    recognized representative, if any. However, a bargaining
18    unit of charter school employees shall be separate and
19    distinct from any bargaining units formed from employees of
20    a school district in which the charter school is located.
21        (12) An agreement between the parties regarding their
22    respective legal liability and applicable insurance
23    coverage.
24        (13) A description of how the charter school plans to
25    meet the transportation needs of its pupils, and a plan for
26    addressing the transportation needs of low-income and

 

 

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1    at-risk pupils.
2        (14) The proposed effective date and term of the
3    charter; provided that the first day of the first academic
4    year and the first day of the fiscal year shall be no
5    earlier than August 15 and the first day of the fiscal year
6    shall be July 1 no later than September 15 of a calendar
7    year.
8        (15) Any other information reasonably required by the
9    State Board of Education.
10    (b) A proposal to establish a charter school may be
11initiated by individuals or organizations that will have
12majority representation on the board of directors or other
13governing body of the corporation or other discrete legal
14entity that is to be established to operate the proposed
15charter school, by a board of education or an intergovernmental
16agreement between or among boards of education, or by the board
17of directors or other governing body of a discrete legal entity
18already existing or established to operate the proposed charter
19school. The individuals or organizations referred to in this
20subsection may be school teachers, school administrators,
21local school councils, colleges or universities or their
22faculty members, public community colleges or their
23instructors or other representatives, corporations, or other
24entities or their representatives. The proposal shall be
25submitted to the local school board for consideration and, if
26appropriate, for development of a proposed contract to be

 

 

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1submitted to the State Board for certification under Section
227A-6.
3    (c) The local school board may not without the consent of
4the governing body of the charter school condition its approval
5of a charter school proposal on acceptance of an agreement to
6operate under State laws and regulations and local school board
7policies from which the charter school is otherwise exempted
8under this Article.
9(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
 
10    (105 ILCS 5/34-8)  (from Ch. 122, par. 34-8)
11    Sec. 34-8. Powers and duties of general superintendent. The
12general superintendent of schools shall prescribe and control,
13subject to the approval of the board and to other provisions of
14this Article, the courses of study mandated by State law,
15textbooks, educational apparatus and equipment, discipline in
16and conduct of the schools, and shall perform such other duties
17as the board may by rule prescribe. The superintendent shall
18also notify the State Board of Education, the board and the
19chief administrative official, other than the alleged
20perpetrator himself, in the school where the alleged
21perpetrator serves, that any person who is employed in a school
22or otherwise comes into frequent contact with children in the
23school has been named as a perpetrator in an indicated report
24filed pursuant to the Abused and Neglected Child Reporting Act,
25approved June 26, 1975, as amended.

 

 

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1    The general superintendent may be granted the authority by
2the board to hire a specific number of employees to assist in
3meeting immediate responsibilities. Conditions of employment
4for such personnel shall not be subject to the provisions of
5Section 34-85.
6    The general superintendent may, pursuant to a delegation of
7authority by the board and Section 34-18, approve contracts and
8expenditures.
9    Pursuant to other provisions of this Article, sites shall
10be selected, schoolhouses located thereon and plans therefor
11approved, and textbooks and educational apparatus and
12equipment shall be adopted and purchased by the board only upon
13the recommendation of the general superintendent of schools or
14by a majority vote of the full membership of the board and, in
15the case of textbooks, subject to Article 28 of this Act. The
16board may furnish free textbooks to pupils and may publish its
17own textbooks and manufacture its own apparatus, equipment and
18supplies.
19    In addition, each year at a time designated by the State
20Superintendent of Education in January of each year, the
21general superintendent of schools shall report to the State
22Board of Education the number of high school students in the
23district who are enrolled in accredited courses (for which high
24school credit will be awarded upon successful completion of the
25courses) at any community college, together with the name and
26number of the course or courses which each such student is

 

 

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1taking.
2    The general superintendent shall also have the authority to
3monitor the performance of attendance centers, to identify and
4place an attendance center on remediation and probation, and to
5recommend to the board that the attendance center be placed on
6intervention and be reconstituted, subject to the provisions of
7Sections 34-8.3 and 8.4.
8    The general superintendent, or his or her designee, shall
9conduct an annual evaluation of each principal in the district
10pursuant to guidelines promulgated by the Board and the Board
11approved principal evaluation form. The evaluation shall be
12based on factors, including the following: (i) student academic
13improvement, as defined by the school improvement plan; (ii)
14student absenteeism rates at the school; (iii) instructional
15leadership; (iv) effective implementation of programs,
16policies, or strategies to improve student academic
17achievement; (v) school management; and (vi) other factors,
18including, without limitation, the principal's communication
19skills and ability to create and maintain a student-centered
20learning environment, to develop opportunities for
21professional development, and to encourage parental
22involvement and community partnerships to achieve school
23improvement.
24    Effective no later than September 1, 2012, the general
25superintendent or his or her designee shall develop a written
26principal evaluation plan. The evaluation plan must be in

 

 

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1writing and shall supersede the evaluation requirements set
2forth in this Section. The evaluation plan must do at least all
3of the following:
4        (1) Provide for annual evaluation of all principals
5    employed under a performance contract by the general
6    superintendent or his or her designee, no later than July
7    1st of each year.
8        (2) Consider the principal's specific duties,
9    responsibilities, management, and competence as a
10    principal.
11        (3) Specify the principal's strengths and weaknesses,
12    with supporting reasons.
13        (4) Align with research-based standards.
14        (5) Use data and indicators on student growth as a
15    significant factor in rating principal performance.
16(Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
 
17    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
18    Sec. 34-18.5. Criminal history records checks and checks of
19the Statewide Sex Offender Database and Statewide Child
20Murderer and Violent Offender Against Youth Database.
21    (a) Certified and noncertified applicants for employment
22with the school district are required as a condition of
23employment to authorize a fingerprint-based criminal history
24records check to determine if such applicants have been
25convicted of any of the enumerated criminal or drug offenses in

 

 

09700HB3022sam001- 97 -LRB097 00297 NHT 55185 a

1subsection (c) of this Section or have been convicted, within 7
2years of the application for employment with the school
3district, of any other felony under the laws of this State or
4of any offense committed or attempted in any other state or
5against the laws of the United States that, if committed or
6attempted in this State, would have been punishable as a felony
7under the laws of this State. Authorization for the check shall
8be furnished by the applicant to the school district, except
9that if the applicant is a substitute teacher seeking
10employment in more than one school district, or a teacher
11seeking concurrent part-time employment positions with more
12than one school district (as a reading specialist, special
13education teacher or otherwise), or an educational support
14personnel employee seeking employment positions with more than
15one district, any such district may require the applicant to
16furnish authorization for the check to the regional
17superintendent of the educational service region in which are
18located the school districts in which the applicant is seeking
19employment as a substitute or concurrent part-time teacher or
20concurrent educational support personnel employee. Upon
21receipt of this authorization, the school district or the
22appropriate regional superintendent, as the case may be, shall
23submit the applicant's name, sex, race, date of birth, social
24security number, fingerprint images, and other identifiers, as
25prescribed by the Department of State Police, to the
26Department. The regional superintendent submitting the

 

 

09700HB3022sam001- 98 -LRB097 00297 NHT 55185 a

1requisite information to the Department of State Police shall
2promptly notify the school districts in which the applicant is
3seeking employment as a substitute or concurrent part-time
4teacher or concurrent educational support personnel employee
5that the check of the applicant has been requested. The
6Department of State Police and the Federal Bureau of
7Investigation shall furnish, pursuant to a fingerprint-based
8criminal history records check, records of convictions, until
9expunged, to the president of the school board for the school
10district that requested the check, or to the regional
11superintendent who requested the check. The Department shall
12charge the school district or the appropriate regional
13superintendent a fee for conducting such check, which fee shall
14be deposited in the State Police Services Fund and shall not
15exceed the cost of the inquiry; and the applicant shall not be
16charged a fee for such check by the school district or by the
17regional superintendent. Subject to appropriations for these
18purposes, the State Superintendent of Education shall
19reimburse the school district and regional superintendent for
20fees paid to obtain criminal history records checks under this
21Section.
22    (a-5) The school district or regional superintendent shall
23further perform a check of the Statewide Sex Offender Database,
24as authorized by the Sex Offender Community Notification Law,
25for each applicant.
26    (a-6) The school district or regional superintendent shall

 

 

09700HB3022sam001- 99 -LRB097 00297 NHT 55185 a

1further perform a check of the Statewide Child Murderer and
2Violent Offender Against Youth Database, as authorized by the
3Child Murderer and Violent Offender Against Youth Community
4Notification Law, for each applicant.
5    (b) Any information concerning the record of convictions
6obtained by the president of the board of education or the
7regional superintendent shall be confidential and may only be
8transmitted to the general superintendent of the school
9district or his designee, the appropriate regional
10superintendent if the check was requested by the board of
11education for the school district, the presidents of the
12appropriate board of education or school boards if the check
13was requested from the Department of State Police by the
14regional superintendent, the State Superintendent of
15Education, the State Teacher Certification Board or any other
16person necessary to the decision of hiring the applicant for
17employment. A copy of the record of convictions obtained from
18the Department of State Police shall be provided to the
19applicant for employment. Upon the check of the Statewide Sex
20Offender Database, the school district or regional
21superintendent shall notify an applicant as to whether or not
22the applicant has been identified in the Database as a sex
23offender. If a check of an applicant for employment as a
24substitute or concurrent part-time teacher or concurrent
25educational support personnel employee in more than one school
26district was requested by the regional superintendent, and the

 

 

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1Department of State Police upon a check ascertains that the
2applicant has not been convicted of any of the enumerated
3criminal or drug offenses in subsection (c) or has not been
4convicted, within 7 years of the application for employment
5with the school district, of any other felony under the laws of
6this State or of any offense committed or attempted in any
7other state or against the laws of the United States that, if
8committed or attempted in this State, would have been
9punishable as a felony under the laws of this State and so
10notifies the regional superintendent and if the regional
11superintendent upon a check ascertains that the applicant has
12not been identified in the Sex Offender Database as a sex
13offender, then the regional superintendent shall issue to the
14applicant a certificate evidencing that as of the date
15specified by the Department of State Police the applicant has
16not been convicted of any of the enumerated criminal or drug
17offenses in subsection (c) or has not been convicted, within 7
18years of the application for employment with the school
19district, of any other felony under the laws of this State or
20of any offense committed or attempted in any other state or
21against the laws of the United States that, if committed or
22attempted in this State, would have been punishable as a felony
23under the laws of this State and evidencing that as of the date
24that the regional superintendent conducted a check of the
25Statewide Sex Offender Database, the applicant has not been
26identified in the Database as a sex offender. The school board

 

 

09700HB3022sam001- 101 -LRB097 00297 NHT 55185 a

1of any school district may rely on the certificate issued by
2any regional superintendent to that substitute teacher,
3concurrent part-time teacher, or concurrent educational
4support personnel employee or may initiate its own criminal
5history records check of the applicant through the Department
6of State Police and its own check of the Statewide Sex Offender
7Database as provided in subsection (a). Any person who releases
8any confidential information concerning any criminal
9convictions of an applicant for employment shall be guilty of a
10Class A misdemeanor, unless the release of such information is
11authorized by this Section.
12    (c) The board of education shall not knowingly employ a
13person who has been convicted of any offense that would subject
14him or her to certification suspension or revocation pursuant
15to Section 21-23a of this Code. Further, the board of education
16shall not knowingly employ a person who has been found to be
17the perpetrator of sexual or physical abuse of any minor under
1818 years of age pursuant to proceedings under Article II of the
19Juvenile Court Act of 1987.
20    (d) The board of education shall not knowingly employ a
21person for whom a criminal history records check and a
22Statewide Sex Offender Database check has not been initiated.
23    (e) Upon receipt of the record of a conviction of or a
24finding of child abuse by a holder of any certificate issued
25pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
26Code, the State Superintendent of Education may initiate

 

 

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1certificate suspension and revocation proceedings as
2authorized by law.
3    (e-5) The general superintendent of schools shall, in
4writing, notify the State Superintendent of Education of any
5certificate holder whom he or she has reasonable cause to
6believe has committed an intentional act of abuse or neglect
7with the result of making a child an abused child or a
8neglected child, as defined in Section 3 of the Abused and
9Neglected Child Reporting Act, and that act resulted in the
10certificate holder's dismissal or resignation from the school
11district. This notification must be submitted within 30 days
12after the dismissal or resignation. The certificate holder must
13also be contemporaneously sent a copy of the notice by the
14superintendent. All correspondence, documentation, and other
15information so received by the State Superintendent of
16Education, the State Board of Education, or the State Teacher
17Certification Board under this subsection (e-5) is
18confidential and must not be disclosed to third parties, except
19(i) as necessary for the State Superintendent of Education or
20his or her designee to investigate and prosecute pursuant to
21Article 21 of this Code, (ii) pursuant to a court order, (iii)
22for disclosure to the certificate holder or his or her
23representative, or (iv) as otherwise provided in this Article
24and provided that any such information admitted into evidence
25in a hearing is exempt from this confidentiality and
26non-disclosure requirement. Except for an act of willful or

 

 

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1wanton misconduct, any superintendent who provides
2notification as required in this subsection (e-5) shall have
3immunity from any liability, whether civil or criminal or that
4otherwise might result by reason of such action.
5    (f) After March 19, 1990, the provisions of this Section
6shall apply to all employees of persons or firms holding
7contracts with any school district including, but not limited
8to, food service workers, school bus drivers and other
9transportation employees, who have direct, daily contact with
10the pupils of any school in such district. For purposes of
11criminal history records checks and checks of the Statewide Sex
12Offender Database on employees of persons or firms holding
13contracts with more than one school district and assigned to
14more than one school district, the regional superintendent of
15the educational service region in which the contracting school
16districts are located may, at the request of any such school
17district, be responsible for receiving the authorization for a
18criminal history records check prepared by each such employee
19and submitting the same to the Department of State Police and
20for conducting a check of the Statewide Sex Offender Database
21and the Statewide Child Murderer and Violent Offender Against
22Youth Database for each employee. Any information concerning
23the record of conviction and identification as a sex offender
24of any such employee obtained by the regional superintendent
25shall be promptly reported to the president of the appropriate
26school board or school boards.

 

 

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1    (g) Beginning on January 1, 2012, the provisions of this
2Section shall apply to all student teachers, as defined by
3State Board of Education rule, assigned to public schools.
4Student teachers must undergo a Department of State Police and
5Federal Bureau of Investigation fingerprint-based criminal
6history records check. Authorization to conduct the criminal
7history records check must be furnished by the student teacher
8to the school to which the student teacher is assigned. The
9Department of State Police and the Federal Bureau of
10Investigation shall furnish, pursuant to a fingerprint-based
11criminal history records check, records of convictions, until
12expunged, to the president of the Chicago Board of Education.
13The Department of State Police shall charge a fee for
14conducting the check, which fee must be deposited into the
15State Police Services Fund and must not exceed the cost of the
16inquiry. The student teacher shall be required to pay all fees
17associated with conducting the criminal history records check,
18as well as any other application fees as established by rule
19including, but not limited to, the fee established by the
20Department of State Police and the Federal Bureau of
21Investigation to process fingerprint-based criminal history
22records checks. Results of the check must also be furnished by
23the school district to the higher education institution where
24the student teacher is enrolled. No one may begin student
25teaching until the results of the criminal history records
26check have been returned to the school district. In order to

 

 

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1student teach in the public schools, a person is required to
2authorize a fingerprint-based criminal history records check
3and checks of the Statewide Sex Offender Database and Statewide
4Child Murderer and Violent Offender Against Youth Database
5prior to participating in any field experiences in the public
6schools. Authorization for and payment of the costs of the
7checks must be furnished by the student teacher. Results of the
8checks must be furnished to the higher education institution
9where the student teacher is enrolled and the general
10superintendent of schools.
11(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
1296-1452, eff. 8-20-10.)
 
13    (105 ILCS 5/1C-4 rep.)
14    (105 ILCS 5/2-3.9 rep.)
15    (105 ILCS 5/2-3.10 rep.)
16    (105 ILCS 5/2-3.17 rep.)
17    (105 ILCS 5/2-3.74 rep.)
18    (105 ILCS 5/2-3.87 rep.)
19    (105 ILCS 5/2-3.111 rep.)
20    (105 ILCS 5/2-3.112 rep.)
21    (105 ILCS 5/13B-35.10 rep.)
22    (105 ILCS 5/13B-35.15 rep.)
23    (105 ILCS 5/13B-35.20 rep.)
24    (105 ILCS 5/13B-40 rep.)
25    Section 10. The School Code is amended by repealing

 

 

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1Sections 1C-4, 2-3.9, 2-3.10, 2-3.17, 2-3.74, 2-3.87, 2-3.111,
22-3.112, 13B-35.10, 13B-35.15, 13B-35.20, and 13B-40.
 
3    Section 15. The Critical Health Problems and Comprehensive
4Health Education Act is amended by changing Section 6 as
5follows:
 
6    (105 ILCS 110/6)  (from Ch. 122, par. 866)
7    Sec. 6. Rules and Regulations. In carrying out the powers
8and duties of the State Board of Education and the advisory
9committee established by this Act, the State Board is and such
10committee are authorized to promulgate rules and regulations in
11order to implement the provisions of this Act.
12(Source: P.A. 81-1508.)
 
13    (105 ILCS 110/5 rep.)
14    Section 20. The Critical Health Problems and Comprehensive
15Health Education Act is amended by repealing Section 5.
 
16    (105 ILCS 215/Act rep.)
17    Section 25. The Chicago Community Schools Study Commission
18Act is repealed.".