SB0231 EngrossedLRB099 03162 NHT 23170 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Better
5Funding for Better Schools Act.
 
6    Section 905. The Economic Development Area Tax Increment
7Allocation Act is amended by changing Section 7 as follows:
 
8    (20 ILCS 620/7)  (from Ch. 67 1/2, par. 1007)
9    Sec. 7. Creation of special tax allocation fund. If a
10municipality has adopted tax increment allocation financing
11for an economic development project area by ordinance, the
12county clerk has thereafter certified the "total initial
13equalized assessed value" of the taxable real property within
14such economic development project area in the manner provided
15in Section 6 of this Act, and the Department has approved and
16certified the economic development project area, each year
17after the date of the certification by the county clerk of the
18"total initial equalized assessed value" until economic
19development project costs and all municipal obligations
20financing economic development project costs have been paid,
21the ad valorem taxes, if any, arising from the levies upon the
22taxable real property in the economic development project area

 

 

SB0231 Engrossed- 2 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 3 -LRB099 03162 NHT 23170 b

1deposited in the special tax allocation fund for the payment of
2obligations issued under this Act and for the payment of
3economic development project costs. No part of the current
4equalized assessed valuation of each property in the economic
5development project area attributable to any increase above the
6total initial equalized assessed value, of such properties
7shall be used in calculating the general State school aid
8formula, provided for in Section 18-8 of the School Code, or
9the primary State aid formula, provided for in Section 18-8.15
10of the School Code, until such time as all economic development
11projects costs have been paid as provided for in this Section.
12    When the economic development project costs, including
13without limitation all municipal obligations financing
14economic development project costs incurred under this Act,
15have been paid, all surplus funds then remaining in the special
16tax allocation fund shall be distributed by being paid by the
17municipal treasurer to the county collector, who shall
18immediately thereafter pay those funds to the taxing districts
19having taxable property in the economic development project
20area in the same manner and proportion as the most recent
21distribution by the county collector to those taxing districts
22of real property taxes from real property in the economic
23development project area.
24    Upon the payment of all economic development project costs,
25retirement of obligations and the distribution of any excess
26monies pursuant to this Section the municipality shall adopt an

 

 

SB0231 Engrossed- 4 -LRB099 03162 NHT 23170 b

1ordinance dissolving the special tax allocation fund for the
2economic development project area, terminating the economic
3development project area, and terminating the use of tax
4increment allocation financing for the economic development
5project area. Thereafter the rates of the taxing districts
6shall be extended and taxes levied, collected and distributed
7in the manner applicable in the absence of the adoption of tax
8increment allocation financing.
9    Nothing in this Section shall be construed as relieving
10property in economic development project areas from being
11assessed as provided in the Property Tax Code, or as relieving
12owners of that property from paying a uniform rate of taxes, as
13required by Section 4 of Article IX of the Illinois
14Constitution.
15(Source: P.A. 98-463, eff. 8-16-13.)
 
16    Section 910. The State Finance Act is amended by changing
17Section 13.2 as follows:
 
18    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
19    Sec. 13.2. Transfers among line item appropriations.
20    (a) Transfers among line item appropriations from the same
21treasury fund for the objects specified in this Section may be
22made in the manner provided in this Section when the balance
23remaining in one or more such line item appropriations is
24insufficient for the purpose for which the appropriation was

 

 

SB0231 Engrossed- 5 -LRB099 03162 NHT 23170 b

1made.
2    (a-1) No transfers may be made from one agency to another
3agency, nor may transfers be made from one institution of
4higher education to another institution of higher education
5except as provided by subsection (a-4).
6    (a-2) Except as otherwise provided in this Section,
7transfers may be made only among the objects of expenditure
8enumerated in this Section, except that no funds may be
9transferred from any appropriation for personal services, from
10any appropriation for State contributions to the State
11Employees' Retirement System, from any separate appropriation
12for employee retirement contributions paid by the employer, nor
13from any appropriation for State contribution for employee
14group insurance. During State fiscal year 2005, an agency may
15transfer amounts among its appropriations within the same
16treasury fund for personal services, employee retirement
17contributions paid by employer, and State Contributions to
18retirement systems; notwithstanding and in addition to the
19transfers authorized in subsection (c) of this Section, the
20fiscal year 2005 transfers authorized in this sentence may be
21made in an amount not to exceed 2% of the aggregate amount
22appropriated to an agency within the same treasury fund. During
23State fiscal year 2007, the Departments of Children and Family
24Services, Corrections, Human Services, and Juvenile Justice
25may transfer amounts among their respective appropriations
26within the same treasury fund for personal services, employee

 

 

SB0231 Engrossed- 6 -LRB099 03162 NHT 23170 b

1retirement contributions paid by employer, and State
2contributions to retirement systems. During State fiscal year
32010, the Department of Transportation may transfer amounts
4among their respective appropriations within the same treasury
5fund for personal services, employee retirement contributions
6paid by employer, and State contributions to retirement
7systems. During State fiscal years 2010 and 2014 only, an
8agency may transfer amounts among its respective
9appropriations within the same treasury fund for personal
10services, employee retirement contributions paid by employer,
11and State contributions to retirement systems.
12Notwithstanding, and in addition to, the transfers authorized
13in subsection (c) of this Section, these transfers may be made
14in an amount not to exceed 2% of the aggregate amount
15appropriated to an agency within the same treasury fund.
16    (a-2.5) During State fiscal year 2015 only, the State's
17Attorneys Appellate Prosecutor may transfer amounts among its
18respective appropriations contained in operational line items
19within the same treasury fund. Notwithstanding, and in addition
20to, the transfers authorized in subsection (c) of this Section,
21these transfers may be made in an amount not to exceed 4% of
22the aggregate amount appropriated to the State's Attorneys
23Appellate Prosecutor within the same treasury fund.
24    (a-3) Further, if an agency receives a separate
25appropriation for employee retirement contributions paid by
26the employer, any transfer by that agency into an appropriation

 

 

SB0231 Engrossed- 7 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 8 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 9 -LRB099 03162 NHT 23170 b

1Coordination.
2    The State Treasurer is authorized to make transfers among
3line item appropriations from the Capital Litigation Trust
4Fund, with respect to costs incurred in fiscal years 2002 and
52003 only, when the balance remaining in one or more such line
6item appropriations is insufficient for the purpose for which
7the appropriation was made, provided that no such transfer may
8be made unless the amount transferred is no longer required for
9the purpose for which that appropriation was made.
10    The State Board of Education is authorized to make
11transfers from line item appropriations within the same
12treasury fund for General State Aid, and General State Aid -
13Hold Harmless, Primary State Aid, and Hold Harmless State
14Funding, provided that no such transfer may be made unless the
15amount transferred is no longer required for the purpose for
16which that appropriation was made, to the line item
17appropriation for Transitional Assistance when the balance
18remaining in such line item appropriation is insufficient for
19the purpose for which the appropriation was made.
20    The State Board of Education is authorized to make
21transfers between the following line item appropriations
22within the same treasury fund: Disabled Student
23Services/Materials (Section 14-13.01 of the School Code),
24Disabled Student Transportation Reimbursement (Section
2514-13.01 of the School Code), Disabled Student Tuition -
26Private Tuition (Section 14-7.02 of the School Code),

 

 

SB0231 Engrossed- 10 -LRB099 03162 NHT 23170 b

1Extraordinary Special Education (Section 14-7.02b of the
2School Code), Reimbursement for Free Lunch/Breakfast Program,
3Summer School Payments (Section 18-4.3 of the School Code), and
4Transportation - Regular/Vocational Reimbursement (Section
529-5 of the School Code). Such transfers shall be made only
6when the balance remaining in one or more such line item
7appropriations is insufficient for the purpose for which the
8appropriation was made and provided that no such transfer may
9be made unless the amount transferred is no longer required for
10the purpose for which that appropriation was made.
11    The Department of Healthcare and Family Services is
12authorized to make transfers not exceeding 4% of the aggregate
13amount appropriated to it, within the same treasury fund, among
14the various line items appropriated for Medical Assistance.
15    (c) The sum of such transfers for an agency in a fiscal
16year shall not exceed 2% of the aggregate amount appropriated
17to it within the same treasury fund for the following objects:
18Personal Services; Extra Help; Student and Inmate
19Compensation; State Contributions to Retirement Systems; State
20Contributions to Social Security; State Contribution for
21Employee Group Insurance; Contractual Services; Travel;
22Commodities; Printing; Equipment; Electronic Data Processing;
23Operation of Automotive Equipment; Telecommunications
24Services; Travel and Allowance for Committed, Paroled and
25Discharged Prisoners; Library Books; Federal Matching Grants
26for Student Loans; Refunds; Workers' Compensation,

 

 

SB0231 Engrossed- 11 -LRB099 03162 NHT 23170 b

1Occupational Disease, and Tort Claims; and, in appropriations
2to institutions of higher education, Awards and Grants.
3Notwithstanding the above, any amounts appropriated for
4payment of workers' compensation claims to an agency to which
5the authority to evaluate, administer and pay such claims has
6been delegated by the Department of Central Management Services
7may be transferred to any other expenditure object where such
8amounts exceed the amount necessary for the payment of such
9claims.
10    (c-1) Special provisions for State fiscal year 2003.
11Notwithstanding any other provision of this Section to the
12contrary, for State fiscal year 2003 only, transfers among line
13item appropriations to an agency from the same treasury fund
14may be made provided that the sum of such transfers for an
15agency in State fiscal year 2003 shall not exceed 3% of the
16aggregate amount appropriated to that State agency for State
17fiscal year 2003 for the following objects: personal services,
18except that no transfer may be approved which reduces the
19aggregate appropriations for personal services within an
20agency; extra help; student and inmate compensation; State
21contributions to retirement systems; State contributions to
22social security; State contributions for employee group
23insurance; contractual services; travel; commodities;
24printing; equipment; electronic data processing; operation of
25automotive equipment; telecommunications services; travel and
26allowance for committed, paroled, and discharged prisoners;

 

 

SB0231 Engrossed- 12 -LRB099 03162 NHT 23170 b

1library books; federal matching grants for student loans;
2refunds; workers' compensation, occupational disease, and tort
3claims; and, in appropriations to institutions of higher
4education, awards and grants.
5    (c-2) Special provisions for State fiscal year 2005.
6Notwithstanding subsections (a), (a-2), and (c), for State
7fiscal year 2005 only, transfers may be made among any line
8item appropriations from the same or any other treasury fund
9for any objects or purposes, without limitation, when the
10balance remaining in one or more such line item appropriations
11is insufficient for the purpose for which the appropriation was
12made, provided that the sum of those transfers by a State
13agency shall not exceed 4% of the aggregate amount appropriated
14to that State agency for fiscal year 2005.
15    (c-3) Special provisions for State fiscal year 2015.
16Notwithstanding any other provision of this Section, for State
17fiscal year 2015, transfers among line item appropriations to a
18State agency from the same State treasury fund may be made for
19operational or lump sum expenses only, provided that the sum of
20such transfers for a State agency in State fiscal year 2015
21shall not exceed 4% of the aggregate amount appropriated to
22that State agency for operational or lump sum expenses for
23State fiscal year 2015. For the purpose of this subsection,
24"operational or lump sum expenses" includes the following
25objects: personal services; extra help; student and inmate
26compensation; State contributions to retirement systems; State

 

 

SB0231 Engrossed- 13 -LRB099 03162 NHT 23170 b

1contributions to social security; State contributions for
2employee group insurance; contractual services; travel;
3commodities; printing; equipment; electronic data processing;
4operation of automotive equipment; telecommunications
5services; travel and allowance for committed, paroled, and
6discharged prisoners; library books; federal matching grants
7for student loans; refunds; workers' compensation,
8occupational disease, and tort claims; lump sum and other
9purposes; and lump sum operations. For the purpose of this
10subsection (c-3), "State agency" does not include the Attorney
11General, the Secretary of State, the Comptroller, the
12Treasurer, or the legislative or judicial branches.
13    (d) Transfers among appropriations made to agencies of the
14Legislative and Judicial departments and to the
15constitutionally elected officers in the Executive branch
16require the approval of the officer authorized in Section 10 of
17this Act to approve and certify vouchers. Transfers among
18appropriations made to the University of Illinois, Southern
19Illinois University, Chicago State University, Eastern
20Illinois University, Governors State University, Illinois
21State University, Northeastern Illinois University, Northern
22Illinois University, Western Illinois University, the Illinois
23Mathematics and Science Academy and the Board of Higher
24Education require the approval of the Board of Higher Education
25and the Governor. Transfers among appropriations to all other
26agencies require the approval of the Governor.

 

 

SB0231 Engrossed- 14 -LRB099 03162 NHT 23170 b

1    The officer responsible for approval shall certify that the
2transfer is necessary to carry out the programs and purposes
3for which the appropriations were made by the General Assembly
4and shall transmit to the State Comptroller a certified copy of
5the approval which shall set forth the specific amounts
6transferred so that the Comptroller may change his records
7accordingly. The Comptroller shall furnish the Governor with
8information copies of all transfers approved for agencies of
9the Legislative and Judicial departments and transfers
10approved by the constitutionally elected officials of the
11Executive branch other than the Governor, showing the amounts
12transferred and indicating the dates such changes were entered
13on the Comptroller's records.
14    (e) The State Board of Education, in consultation with the
15State Comptroller, may transfer line item appropriations for
16General State Aid or Primary State Aid between the Common
17School Fund and the Education Assistance Fund. With the advice
18and consent of the Governor's Office of Management and Budget,
19the State Board of Education, in consultation with the State
20Comptroller, may transfer line item appropriations between the
21General Revenue Fund and the Education Assistance Fund for the
22following programs:
23        (1) Disabled Student Personnel Reimbursement (Section
24    14-13.01 of the School Code);
25        (2) Disabled Student Transportation Reimbursement
26    (subsection (b) of Section 14-13.01 of the School Code);

 

 

SB0231 Engrossed- 15 -LRB099 03162 NHT 23170 b

1        (3) Disabled Student Tuition - Private Tuition
2    (Section 14-7.02 of the School Code);
3        (4) Extraordinary Special Education (Section 14-7.02b
4    of the School Code);
5        (5) Reimbursement for Free Lunch/Breakfast Programs;
6        (6) Summer School Payments (Section 18-4.3 of the
7    School Code);
8        (7) Transportation - Regular/Vocational Reimbursement
9    (Section 29-5 of the School Code);
10        (8) Regular Education Reimbursement (Section 18-3 of
11    the School Code); and
12        (9) Special Education Reimbursement (Section 14-7.03
13    of the School Code).
14(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,
15eff. 3-26-15.)
 
16    Section 915. The Property Tax Code is amended by changing
17Sections 18-200 and 18-249 as follows:
 
18    (35 ILCS 200/18-200)
19    Sec. 18-200. School Code. A school district's State aid
20shall not be reduced under the computation under subsections
215(a) through 5(h) of Part A of Section 18-8 of the School Code
22or under subsection (e) of Section 18-8.15 of the School Code
23due to the operating tax rate falling from above the minimum
24requirement of that Section of the School Code to below the

 

 

SB0231 Engrossed- 16 -LRB099 03162 NHT 23170 b

1minimum requirement of that Section of the School Code due to
2the operation of this Law.
3(Source: P.A. 87-17; 88-455.)
 
4    (35 ILCS 200/18-249)
5    Sec. 18-249. Miscellaneous provisions.
6    (a) Certification of new property. For the 1994 levy year,
7the chief county assessment officer shall certify to the county
8clerk, after all changes by the board of review or board of
9appeals, as the case may be, the assessed value of new property
10by taxing district for the 1994 levy year under rules
11promulgated by the Department.
12    (b) School Code. A school district's State aid shall not be
13reduced under the computation under subsections 5(a) through
145(h) of Part A of Section 18-8 of the School Code or under
15subsection (e) of Section 18-8.15 of the School Code due to the
16operating tax rate falling from above the minimum requirement
17of that Section of the School Code to below the minimum
18requirement of that Section of the School Code due to the
19operation of this Law.
20    (c) Rules. The Department shall make and promulgate
21reasonable rules relating to the administration of the purposes
22and provisions of Sections 18-246 through 18-249 as may be
23necessary or appropriate.
24(Source: P.A. 89-1, eff. 2-12-95.)
 

 

 

SB0231 Engrossed- 17 -LRB099 03162 NHT 23170 b

1    Section 917. The Illinois Pension Code is amended by
2changing Sections 16-158 and 17-127 as follows:
 
3    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
4    (Text of Section WITH the changes made by P.A. 98-599,
5which has been held unconstitutional)
6    Sec. 16-158. Contributions by State and other employing
7units.
8    (a) The State shall make contributions to the System by
9means of appropriations from the Common School Fund and other
10State funds of amounts which, together with other employer
11contributions, employee contributions, investment income, and
12other income, will be sufficient to meet the cost of
13maintaining and administering the System on a 100% funded basis
14in accordance with actuarial recommendations by the end of
15State fiscal year 2044.
16    The Board shall determine the amount of State contributions
17required for each fiscal year on the basis of the actuarial
18tables and other assumptions adopted by the Board and the
19recommendations of the actuary, using the formula in subsection
20(b-3).
21    (a-1) Annually, on or before November 15 through November
2215, 2011, the Board shall certify to the Governor the amount of
23the required State contribution for the coming fiscal year. The
24certification under this subsection (a-1) shall include a copy
25of the actuarial recommendations upon which it is based.

 

 

SB0231 Engrossed- 18 -LRB099 03162 NHT 23170 b

1    On or before May 1, 2004, the Board shall recalculate and
2recertify to the Governor the amount of the required State
3contribution to the System for State fiscal year 2005, taking
4into account the amounts appropriated to and received by the
5System under subsection (d) of Section 7.2 of the General
6Obligation Bond Act.
7    On or before July 1, 2005, the Board shall recalculate and
8recertify to the Governor the amount of the required State
9contribution to the System for State fiscal year 2006, taking
10into account the changes in required State contributions made
11by this amendatory Act of the 94th General Assembly.
12    On or before April 1, 2011, the Board shall recalculate and
13recertify to the Governor the amount of the required State
14contribution to the System for State fiscal year 2011, applying
15the changes made by Public Act 96-889 to the System's assets
16and liabilities as of June 30, 2009 as though Public Act 96-889
17was approved on that date.
18    (a-5) On or before November 1 of each year, beginning
19November 1, 2012, the Board shall submit to the State Actuary,
20the Governor, and the General Assembly a proposed certification
21of the amount of the required State contribution to the System
22for the next fiscal year, along with all of the actuarial
23assumptions, calculations, and data upon which that proposed
24certification is based. On or before January 1 of each year,
25beginning January 1, 2013, the State Actuary shall issue a
26preliminary report concerning the proposed certification and

 

 

SB0231 Engrossed- 19 -LRB099 03162 NHT 23170 b

1identifying, if necessary, recommended changes in actuarial
2assumptions that the Board must consider before finalizing its
3certification of the required State contributions.
4    On or before January 15, 2013 and each January 15
5thereafter, the Board shall certify to the Governor and the
6General Assembly the amount of the required State contribution
7for the next fiscal year. The certification shall include a
8copy of the actuarial recommendations upon which it is based
9and shall specifically identify the System's projected State
10normal cost for that fiscal year. The Board's certification
11must note any deviations from the State Actuary's recommended
12changes, the reason or reasons for not following the State
13Actuary's recommended changes, and the fiscal impact of not
14following the State Actuary's recommended changes on the
15required State contribution.
16    (a-10) For purposes of Section (c-5) of Section 20 of the
17Budget Stabilization Act, on or before November 1 of each year
18beginning November 1, 2014, the Board shall determine the
19amount of the State contribution to the System that would have
20been required for the next fiscal year if this amendatory Act
21of the 98th General Assembly had not taken effect, using the
22best and most recent available data but based on the law in
23effect on May 31, 2014. The Board shall submit to the State
24Actuary, the Governor, and the General Assembly a proposed
25certification, along with the relevant law, actuarial
26assumptions, calculations, and data upon which that

 

 

SB0231 Engrossed- 20 -LRB099 03162 NHT 23170 b

1certification is based. On or before January 1, 2015 and every
2January 1 thereafter, the State Actuary shall issue a
3preliminary report concerning the proposed certification and
4identifying, if necessary, recommended changes in actuarial
5assumptions that the Board must consider before finalizing its
6certification. On or before January 15, 2015 and every January
71 thereafter, the Board shall certify to the Governor and the
8General Assembly the amount of the State contribution to the
9System that would have been required for the next fiscal year
10if this amendatory Act of the 98th General Assembly had not
11taken effect, using the best and most recent available data but
12based on the law in effect on May 31, 2014. The Board's
13certification must note any deviations from the State Actuary's
14recommended changes, the reason or reasons for not following
15the State Actuary's recommended changes, and the impact of not
16following the State Actuary's recommended changes.
17    (b) Through State fiscal year 1995, the State contributions
18shall be paid to the System in accordance with Section 18-7 of
19the School Code.
20    (b-1) Beginning in State fiscal year 1996, on the 15th day
21of each month, or as soon thereafter as may be practicable, the
22Board shall submit vouchers for payment of State contributions
23to the System, in a total monthly amount of one-twelfth of the
24required annual State contribution certified under subsection
25(a-1). From the effective date of this amendatory Act of the
2693rd General Assembly through June 30, 2004, the Board shall

 

 

SB0231 Engrossed- 21 -LRB099 03162 NHT 23170 b

1not submit vouchers for the remainder of fiscal year 2004 in
2excess of the fiscal year 2004 certified contribution amount
3determined under this Section after taking into consideration
4the transfer to the System under subsection (a) of Section
56z-61 of the State Finance Act. These vouchers shall be paid by
6the State Comptroller and Treasurer by warrants drawn on the
7funds appropriated to the System for that fiscal year.
8    If in any month the amount remaining unexpended from all
9other appropriations to the System for the applicable fiscal
10year (including the appropriations to the System under Section
118.12 of the State Finance Act and Section 1 of the State
12Pension Funds Continuing Appropriation Act) is less than the
13amount lawfully vouchered under this subsection, the
14difference shall be paid from the Common School Fund under the
15continuing appropriation authority provided in Section 1.1 of
16the State Pension Funds Continuing Appropriation Act.
17    (b-2) Allocations from the Common School Fund apportioned
18to school districts not coming under this System shall not be
19diminished or affected by the provisions of this Article.
20    (b-3) For State fiscal years 2015 through 2044, the minimum
21contribution to the System to be made by the State for each
22fiscal year shall be an amount determined by the System to be
23equal to the sum of (1) the State's portion of the projected
24normal cost for that fiscal year, plus (2) an amount sufficient
25to bring the total assets of the System up to 100% of the total
26actuarial liabilities of the System by the end of State fiscal

 

 

SB0231 Engrossed- 22 -LRB099 03162 NHT 23170 b

1year 2044. In making these determinations, the required State
2contribution shall be calculated each year as a level
3percentage of payroll over the years remaining to and including
4fiscal year 2044 and shall be determined under the projected
5unit cost method for fiscal year 2015 and under the entry age
6normal actuarial cost method for fiscal years 2016 through
72044.
8    For State fiscal years 2012 through 2014, the minimum
9contribution to the System to be made by the State for each
10fiscal year shall be an amount determined by the System to be
11sufficient to bring the total assets of the System up to 90% of
12the total actuarial liabilities of the System by the end of
13State fiscal year 2045. In making these determinations, the
14required State contribution shall be calculated each year as a
15level percentage of payroll over the years remaining to and
16including fiscal year 2045 and shall be determined under the
17projected unit credit actuarial cost method.
18    For State fiscal years 1996 through 2005, the State
19contribution to the System, as a percentage of the applicable
20employee payroll, shall be increased in equal annual increments
21so that by State fiscal year 2011, the State is contributing at
22the rate required under this Section; except that in the
23following specified State fiscal years, the State contribution
24to the System shall not be less than the following indicated
25percentages of the applicable employee payroll, even if the
26indicated percentage will produce a State contribution in

 

 

SB0231 Engrossed- 23 -LRB099 03162 NHT 23170 b

1excess of the amount otherwise required under this subsection
2and subsection (a), and notwithstanding any contrary
3certification made under subsection (a-1) before the effective
4date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
5in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
62003; and 13.56% in FY 2004.
7    Notwithstanding any other provision of this Article, the
8total required State contribution for State fiscal year 2006 is
9$534,627,700.
10    Notwithstanding any other provision of this Article, the
11total required State contribution for State fiscal year 2007 is
12$738,014,500.
13    For each of State fiscal years 2008 through 2009, the State
14contribution to the System, as a percentage of the applicable
15employee payroll, shall be increased in equal annual increments
16from the required State contribution for State fiscal year
172007, so that by State fiscal year 2011, the State is
18contributing at the rate otherwise required under this Section.
19    Notwithstanding any other provision of this Article, the
20total required State contribution for State fiscal year 2010 is
21$2,089,268,000 and shall be made from the proceeds of bonds
22sold in fiscal year 2010 pursuant to Section 7.2 of the General
23Obligation Bond Act, less (i) the pro rata share of bond sale
24expenses determined by the System's share of total bond
25proceeds, (ii) any amounts received from the Common School Fund
26in fiscal year 2010, and (iii) any reduction in bond proceeds

 

 

SB0231 Engrossed- 24 -LRB099 03162 NHT 23170 b

1due to the issuance of discounted bonds, if applicable.
2    Notwithstanding any other provision of this Article, the
3total required State contribution for State fiscal year 2011 is
4the amount recertified by the System on or before April 1, 2011
5pursuant to subsection (a-1) of this Section and shall be made
6from the proceeds of bonds sold in fiscal year 2011 pursuant to
7Section 7.2 of the General Obligation Bond Act, less (i) the
8pro rata share of bond sale expenses determined by the System's
9share of total bond proceeds, (ii) any amounts received from
10the Common School Fund in fiscal year 2011, and (iii) any
11reduction in bond proceeds due to the issuance of discounted
12bonds, if applicable. This amount shall include, in addition to
13the amount certified by the System, an amount necessary to meet
14employer contributions required by the State as an employer
15under paragraph (e) of this Section, which may also be used by
16the System for contributions required by paragraph (a) of
17Section 16-127.
18    Beginning in State fiscal year 2045, the minimum State
19contribution for each fiscal year shall be the amount needed to
20maintain the total assets of the System at 100% of the total
21actuarial liabilities of the System.
22    Amounts received by the System pursuant to Section 25 of
23the Budget Stabilization Act or Section 8.12 of the State
24Finance Act in any fiscal year do not reduce and do not
25constitute payment of any portion of the minimum State
26contribution required under this Article in that fiscal year.

 

 

SB0231 Engrossed- 25 -LRB099 03162 NHT 23170 b

1Such amounts shall not reduce, and shall not be included in the
2calculation of, the required State contributions under this
3Article in any future year until the System has reached a
4funding ratio of at least 100%. A reference in this Article to
5the "required State contribution" or any substantially similar
6term does not include or apply to any amounts payable to the
7System under Section 25 of the Budget Stabilization Act.
8    Notwithstanding any other provision of this Section, the
9required State contribution for State fiscal year 2005 and for
10fiscal year 2008 and each fiscal year thereafter through State
11fiscal year 2014, as calculated under this Section and
12certified under subsection (a-1), shall not exceed an amount
13equal to (i) the amount of the required State contribution that
14would have been calculated under this Section for that fiscal
15year if the System had not received any payments under
16subsection (d) of Section 7.2 of the General Obligation Bond
17Act, minus (ii) the portion of the State's total debt service
18payments for that fiscal year on the bonds issued in fiscal
19year 2003 for the purposes of that Section 7.2, as determined
20and certified by the Comptroller, that is the same as the
21System's portion of the total moneys distributed under
22subsection (d) of Section 7.2 of the General Obligation Bond
23Act. In determining this maximum for State fiscal years 2008
24through 2010, however, the amount referred to in item (i) shall
25be increased, as a percentage of the applicable employee
26payroll, in equal increments calculated from the sum of the

 

 

SB0231 Engrossed- 26 -LRB099 03162 NHT 23170 b

1required State contribution for State fiscal year 2007 plus the
2applicable portion of the State's total debt service payments
3for fiscal year 2007 on the bonds issued in fiscal year 2003
4for the purposes of Section 7.2 of the General Obligation Bond
5Act, so that, by State fiscal year 2011, the State is
6contributing at the rate otherwise required under this Section.
7    (c) Payment of the required State contributions and of all
8pensions, retirement annuities, death benefits, refunds, and
9other benefits granted under or assumed by this System, and all
10expenses in connection with the administration and operation
11thereof, are obligations of the State.
12    If members are paid from special trust or federal funds
13which are administered by the employing unit, whether school
14district or other unit, the employing unit shall pay to the
15System from such funds the full accruing retirement costs based
16upon that service, which, beginning July 1, 2016 2014, shall be
17at a rate, expressed as a percentage of salary, equal to the
18total employer's minimum contribution to the System to be made
19by the State for that fiscal year, including both normal cost
20and unfunded liability components, expressed as a percentage of
21payroll, as determined by the System under subsection (b-3) of
22this Section. Employer contributions, based on salary paid to
23members from federal funds, may be forwarded by the
24distributing agency of the State of Illinois to the System
25prior to allocation, in an amount determined in accordance with
26guidelines established by such agency and the System. Any

 

 

SB0231 Engrossed- 27 -LRB099 03162 NHT 23170 b

1contribution for fiscal year 2015 collected as a result of the
2change made by this amendatory Act of the 98th General Assembly
3shall be considered a State contribution under subsection (b-3)
4of this Section.
5    (d) Effective July 1, 1986, any employer of a teacher as
6defined in paragraph (8) of Section 16-106 shall pay the
7employer's normal cost of benefits based upon the teacher's
8service, in addition to employee contributions, as determined
9by the System. Such employer contributions shall be forwarded
10monthly in accordance with guidelines established by the
11System.
12    However, with respect to benefits granted under Section
1316-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
14of Section 16-106, the employer's contribution shall be 12%
15(rather than 20%) of the member's highest annual salary rate
16for each year of creditable service granted, and the employer
17shall also pay the required employee contribution on behalf of
18the teacher. For the purposes of Sections 16-133.4 and
1916-133.5, a teacher as defined in paragraph (8) of Section
2016-106 who is serving in that capacity while on leave of
21absence from another employer under this Article shall not be
22considered an employee of the employer from which the teacher
23is on leave.
24    (e) Beginning July 1, 1998, every employer of a teacher
25shall pay to the System an employer contribution computed as
26follows:

 

 

SB0231 Engrossed- 28 -LRB099 03162 NHT 23170 b

1        (1) Beginning July 1, 1998 through June 30, 1999, the
2    employer contribution shall be equal to 0.3% of each
3    teacher's salary.
4        (2) Beginning July 1, 1999 and thereafter, the employer
5    contribution shall be equal to 0.58% of each teacher's
6    salary.
7The school district or other employing unit may pay these
8employer contributions out of any source of funding available
9for that purpose and shall forward the contributions to the
10System on the schedule established for the payment of member
11contributions.
12    These employer contributions are intended to offset a
13portion of the cost to the System of the increases in
14retirement benefits resulting from this amendatory Act of 1998.
15    Each employer of teachers is entitled to a credit against
16the contributions required under this subsection (e) with
17respect to salaries paid to teachers for the period January 1,
182002 through June 30, 2003, equal to the amount paid by that
19employer under subsection (a-5) of Section 6.6 of the State
20Employees Group Insurance Act of 1971 with respect to salaries
21paid to teachers for that period.
22    The additional 1% employee contribution required under
23Section 16-152 by this amendatory Act of 1998 is the
24responsibility of the teacher and not the teacher's employer,
25unless the employer agrees, through collective bargaining or
26otherwise, to make the contribution on behalf of the teacher.

 

 

SB0231 Engrossed- 29 -LRB099 03162 NHT 23170 b

1    If an employer is required by a contract in effect on May
21, 1998 between the employer and an employee organization to
3pay, on behalf of all its full-time employees covered by this
4Article, all mandatory employee contributions required under
5this Article, then the employer shall be excused from paying
6the employer contribution required under this subsection (e)
7for the balance of the term of that contract. The employer and
8the employee organization shall jointly certify to the System
9the existence of the contractual requirement, in such form as
10the System may prescribe. This exclusion shall cease upon the
11termination, extension, or renewal of the contract at any time
12after May 1, 1998.
13    (f) If the amount of a teacher's salary for any school year
14used to determine final average salary exceeds the member's
15annual full-time salary rate with the same employer for the
16previous school year by more than 6%, the teacher's employer
17shall pay to the System, in addition to all other payments
18required under this Section and in accordance with guidelines
19established by the System, the present value of the increase in
20benefits resulting from the portion of the increase in salary
21that is in excess of 6%. This present value shall be computed
22by the System on the basis of the actuarial assumptions and
23tables used in the most recent actuarial valuation of the
24System that is available at the time of the computation. If a
25teacher's salary for the 2005-2006 school year is used to
26determine final average salary under this subsection (f), then

 

 

SB0231 Engrossed- 30 -LRB099 03162 NHT 23170 b

1the changes made to this subsection (f) by Public Act 94-1057
2shall apply in calculating whether the increase in his or her
3salary is in excess of 6%. For the purposes of this Section,
4change in employment under Section 10-21.12 of the School Code
5on or after June 1, 2005 shall constitute a change in employer.
6The System may require the employer to provide any pertinent
7information or documentation. The changes made to this
8subsection (f) by this amendatory Act of the 94th General
9Assembly apply without regard to whether the teacher was in
10service on or after its effective date.
11    Whenever it determines that a payment is or may be required
12under this subsection, the System shall calculate the amount of
13the payment and bill the employer for that amount. The bill
14shall specify the calculations used to determine the amount
15due. If the employer disputes the amount of the bill, it may,
16within 30 days after receipt of the bill, apply to the System
17in writing for a recalculation. The application must specify in
18detail the grounds of the dispute and, if the employer asserts
19that the calculation is subject to subsection (g) or (h) of
20this Section, must include an affidavit setting forth and
21attesting to all facts within the employer's knowledge that are
22pertinent to the applicability of that subsection. Upon
23receiving a timely application for recalculation, the System
24shall review the application and, if appropriate, recalculate
25the amount due.
26    The employer contributions required under this subsection

 

 

SB0231 Engrossed- 31 -LRB099 03162 NHT 23170 b

1(f) may be paid in the form of a lump sum within 90 days after
2receipt of the bill. If the employer contributions are not paid
3within 90 days after receipt of the bill, then interest will be
4charged at a rate equal to the System's annual actuarially
5assumed rate of return on investment compounded annually from
6the 91st day after receipt of the bill. Payments must be
7concluded within 3 years after the employer's receipt of the
8bill.
9    (g) This subsection (g) applies only to payments made or
10salary increases given on or after June 1, 2005 but before July
111, 2011. The changes made by Public Act 94-1057 shall not
12require the System to refund any payments received before July
1331, 2006 (the effective date of Public Act 94-1057).
14    When assessing payment for any amount due under subsection
15(f), the System shall exclude salary increases paid to teachers
16under contracts or collective bargaining agreements entered
17into, amended, or renewed before June 1, 2005.
18    When assessing payment for any amount due under subsection
19(f), the System shall exclude salary increases paid to a
20teacher at a time when the teacher is 10 or more years from
21retirement eligibility under Section 16-132 or 16-133.2.
22    When assessing payment for any amount due under subsection
23(f), the System shall exclude salary increases resulting from
24overload work, including summer school, when the school
25district has certified to the System, and the System has
26approved the certification, that (i) the overload work is for

 

 

SB0231 Engrossed- 32 -LRB099 03162 NHT 23170 b

1the sole purpose of classroom instruction in excess of the
2standard number of classes for a full-time teacher in a school
3district during a school year and (ii) the salary increases are
4equal to or less than the rate of pay for classroom instruction
5computed on the teacher's current salary and work schedule.
6    When assessing payment for any amount due under subsection
7(f), the System shall exclude a salary increase resulting from
8a promotion (i) for which the employee is required to hold a
9certificate or supervisory endorsement issued by the State
10Teacher Certification Board that is a different certification
11or supervisory endorsement than is required for the teacher's
12previous position and (ii) to a position that has existed and
13been filled by a member for no less than one complete academic
14year and the salary increase from the promotion is an increase
15that results in an amount no greater than the lesser of the
16average salary paid for other similar positions in the district
17requiring the same certification or the amount stipulated in
18the collective bargaining agreement for a similar position
19requiring the same certification.
20    When assessing payment for any amount due under subsection
21(f), the System shall exclude any payment to the teacher from
22the State of Illinois or the State Board of Education over
23which the employer does not have discretion, notwithstanding
24that the payment is included in the computation of final
25average salary.
26    (h) When assessing payment for any amount due under

 

 

SB0231 Engrossed- 33 -LRB099 03162 NHT 23170 b

1subsection (f), the System shall exclude any salary increase
2described in subsection (g) of this Section given on or after
3July 1, 2011 but before July 1, 2014 under a contract or
4collective bargaining agreement entered into, amended, or
5renewed on or after June 1, 2005 but before July 1, 2011.
6Notwithstanding any other provision of this Section, any
7payments made or salary increases given after June 30, 2014
8shall be used in assessing payment for any amount due under
9subsection (f) of this Section.
10    (i) The System shall prepare a report and file copies of
11the report with the Governor and the General Assembly by
12January 1, 2007 that contains all of the following information:
13        (1) The number of recalculations required by the
14    changes made to this Section by Public Act 94-1057 for each
15    employer.
16        (2) The dollar amount by which each employer's
17    contribution to the System was changed due to
18    recalculations required by Public Act 94-1057.
19        (3) The total amount the System received from each
20    employer as a result of the changes made to this Section by
21    Public Act 94-4.
22        (4) The increase in the required State contribution
23    resulting from the changes made to this Section by Public
24    Act 94-1057.
25    (j) For purposes of determining the required State
26contribution to the System, the value of the System's assets

 

 

SB0231 Engrossed- 34 -LRB099 03162 NHT 23170 b

1shall be equal to the actuarial value of the System's assets,
2which shall be calculated as follows:
3    As of June 30, 2008, the actuarial value of the System's
4assets shall be equal to the market value of the assets as of
5that date. In determining the actuarial value of the System's
6assets for fiscal years after June 30, 2008, any actuarial
7gains or losses from investment return incurred in a fiscal
8year shall be recognized in equal annual amounts over the
95-year period following that fiscal year.
10    (k) For purposes of determining the required State
11contribution to the system for a particular year, the actuarial
12value of assets shall be assumed to earn a rate of return equal
13to the system's actuarially assumed rate of return.
14(Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12;
1598-599, eff. 6-1-14; 98-674, eff. 6-30-14.)
 
16    (Text of Section WITHOUT the changes made by P.A. 98-599,
17which has been held unconstitutional)
18    Sec. 16-158. Contributions by State and other employing
19units.
20    (a) The State shall make contributions to the System by
21means of appropriations from the Common School Fund and other
22State funds of amounts which, together with other employer
23contributions, employee contributions, investment income, and
24other income, will be sufficient to meet the cost of
25maintaining and administering the System on a 90% funded basis

 

 

SB0231 Engrossed- 35 -LRB099 03162 NHT 23170 b

1in accordance with actuarial recommendations.
2    The Board shall determine the amount of State contributions
3required for each fiscal year on the basis of the actuarial
4tables and other assumptions adopted by the Board and the
5recommendations of the actuary, using the formula in subsection
6(b-3).
7    (a-1) Annually, on or before November 15 until November 15,
82011, the Board shall certify to the Governor the amount of the
9required State contribution for the coming fiscal year. The
10certification under this subsection (a-1) shall include a copy
11of the actuarial recommendations upon which it is based and
12shall specifically identify the System's projected State
13normal cost for that fiscal year.
14    On or before May 1, 2004, the Board shall recalculate and
15recertify to the Governor the amount of the required State
16contribution to the System for State fiscal year 2005, taking
17into account the amounts appropriated to and received by the
18System under subsection (d) of Section 7.2 of the General
19Obligation Bond Act.
20    On or before July 1, 2005, the Board shall recalculate and
21recertify to the Governor the amount of the required State
22contribution to the System for State fiscal year 2006, taking
23into account the changes in required State contributions made
24by this amendatory Act of the 94th General Assembly.
25    On or before April 1, 2011, the Board shall recalculate and
26recertify to the Governor the amount of the required State

 

 

SB0231 Engrossed- 36 -LRB099 03162 NHT 23170 b

1contribution to the System for State fiscal year 2011, applying
2the changes made by Public Act 96-889 to the System's assets
3and liabilities as of June 30, 2009 as though Public Act 96-889
4was approved on that date.
5    (a-5) On or before November 1 of each year, beginning
6November 1, 2012, the Board shall submit to the State Actuary,
7the Governor, and the General Assembly a proposed certification
8of the amount of the required State contribution to the System
9for the next fiscal year, along with all of the actuarial
10assumptions, calculations, and data upon which that proposed
11certification is based. On or before January 1 of each year,
12beginning January 1, 2013, the State Actuary shall issue a
13preliminary report concerning the proposed certification and
14identifying, if necessary, recommended changes in actuarial
15assumptions that the Board must consider before finalizing its
16certification of the required State contributions. On or before
17January 15, 2013 and each January 15 thereafter, the Board
18shall certify to the Governor and the General Assembly the
19amount of the required State contribution for the next fiscal
20year. The Board's certification must note any deviations from
21the State Actuary's recommended changes, the reason or reasons
22for not following the State Actuary's recommended changes, and
23the fiscal impact of not following the State Actuary's
24recommended changes on the required State contribution.
25    (b) Through State fiscal year 1995, the State contributions
26shall be paid to the System in accordance with Section 18-7 of

 

 

SB0231 Engrossed- 37 -LRB099 03162 NHT 23170 b

1the School Code.
2    (b-1) Beginning in State fiscal year 1996, on the 15th day
3of each month, or as soon thereafter as may be practicable, the
4Board shall submit vouchers for payment of State contributions
5to the System, in a total monthly amount of one-twelfth of the
6required annual State contribution certified under subsection
7(a-1). From the effective date of this amendatory Act of the
893rd General Assembly through June 30, 2004, the Board shall
9not submit vouchers for the remainder of fiscal year 2004 in
10excess of the fiscal year 2004 certified contribution amount
11determined under this Section after taking into consideration
12the transfer to the System under subsection (a) of Section
136z-61 of the State Finance Act. These vouchers shall be paid by
14the State Comptroller and Treasurer by warrants drawn on the
15funds appropriated to the System for that fiscal year.
16    If in any month the amount remaining unexpended from all
17other appropriations to the System for the applicable fiscal
18year (including the appropriations to the System under Section
198.12 of the State Finance Act and Section 1 of the State
20Pension Funds Continuing Appropriation Act) is less than the
21amount lawfully vouchered under this subsection, the
22difference shall be paid from the Common School Fund under the
23continuing appropriation authority provided in Section 1.1 of
24the State Pension Funds Continuing Appropriation Act.
25    (b-2) Allocations from the Common School Fund apportioned
26to school districts not coming under this System shall not be

 

 

SB0231 Engrossed- 38 -LRB099 03162 NHT 23170 b

1diminished or affected by the provisions of this Article.
2    (b-3) For State fiscal years 2012 through 2045, the minimum
3contribution to the System to be made by the State for each
4fiscal year shall be an amount determined by the System to be
5sufficient to bring the total assets of the System up to 90% of
6the total actuarial liabilities of the System by the end of
7State fiscal year 2045. In making these determinations, the
8required State contribution shall be calculated each year as a
9level percentage of payroll over the years remaining to and
10including fiscal year 2045 and shall be determined under the
11projected unit credit actuarial cost method.
12    For State fiscal years 1996 through 2005, the State
13contribution to the System, as a percentage of the applicable
14employee payroll, shall be increased in equal annual increments
15so that by State fiscal year 2011, the State is contributing at
16the rate required under this Section; except that in the
17following specified State fiscal years, the State contribution
18to the System shall not be less than the following indicated
19percentages of the applicable employee payroll, even if the
20indicated percentage will produce a State contribution in
21excess of the amount otherwise required under this subsection
22and subsection (a), and notwithstanding any contrary
23certification made under subsection (a-1) before the effective
24date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
25in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
262003; and 13.56% in FY 2004.

 

 

SB0231 Engrossed- 39 -LRB099 03162 NHT 23170 b

1    Notwithstanding any other provision of this Article, the
2total required State contribution for State fiscal year 2006 is
3$534,627,700.
4    Notwithstanding any other provision of this Article, the
5total required State contribution for State fiscal year 2007 is
6$738,014,500.
7    For each of State fiscal years 2008 through 2009, the State
8contribution to the System, as a percentage of the applicable
9employee payroll, shall be increased in equal annual increments
10from the required State contribution for State fiscal year
112007, so that by State fiscal year 2011, the State is
12contributing at the rate otherwise required under this Section.
13    Notwithstanding any other provision of this Article, the
14total required State contribution for State fiscal year 2010 is
15$2,089,268,000 and shall be made from the proceeds of bonds
16sold in fiscal year 2010 pursuant to Section 7.2 of the General
17Obligation Bond Act, less (i) the pro rata share of bond sale
18expenses determined by the System's share of total bond
19proceeds, (ii) any amounts received from the Common School Fund
20in fiscal year 2010, and (iii) any reduction in bond proceeds
21due to the issuance of discounted bonds, if applicable.
22    Notwithstanding any other provision of this Article, the
23total required State contribution for State fiscal year 2011 is
24the amount recertified by the System on or before April 1, 2011
25pursuant to subsection (a-1) of this Section and shall be made
26from the proceeds of bonds sold in fiscal year 2011 pursuant to

 

 

SB0231 Engrossed- 40 -LRB099 03162 NHT 23170 b

1Section 7.2 of the General Obligation Bond Act, less (i) the
2pro rata share of bond sale expenses determined by the System's
3share of total bond proceeds, (ii) any amounts received from
4the Common School Fund in fiscal year 2011, and (iii) any
5reduction in bond proceeds due to the issuance of discounted
6bonds, if applicable. This amount shall include, in addition to
7the amount certified by the System, an amount necessary to meet
8employer contributions required by the State as an employer
9under paragraph (e) of this Section, which may also be used by
10the System for contributions required by paragraph (a) of
11Section 16-127.
12    Beginning in State fiscal year 2046, the minimum State
13contribution for each fiscal year shall be the amount needed to
14maintain the total assets of the System at 90% of the total
15actuarial liabilities of the System.
16    Amounts received by the System pursuant to Section 25 of
17the Budget Stabilization Act or Section 8.12 of the State
18Finance Act in any fiscal year do not reduce and do not
19constitute payment of any portion of the minimum State
20contribution required under this Article in that fiscal year.
21Such amounts shall not reduce, and shall not be included in the
22calculation of, the required State contributions under this
23Article in any future year until the System has reached a
24funding ratio of at least 90%. A reference in this Article to
25the "required State contribution" or any substantially similar
26term does not include or apply to any amounts payable to the

 

 

SB0231 Engrossed- 41 -LRB099 03162 NHT 23170 b

1System under Section 25 of the Budget Stabilization Act.
2    Notwithstanding any other provision of this Section, the
3required State contribution for State fiscal year 2005 and for
4fiscal year 2008 and each fiscal year thereafter, as calculated
5under this Section and certified under subsection (a-1), shall
6not exceed an amount equal to (i) the amount of the required
7State contribution that would have been calculated under this
8Section for that fiscal year if the System had not received any
9payments under subsection (d) of Section 7.2 of the General
10Obligation Bond Act, minus (ii) the portion of the State's
11total debt service payments for that fiscal year on the bonds
12issued in fiscal year 2003 for the purposes of that Section
137.2, as determined and certified by the Comptroller, that is
14the same as the System's portion of the total moneys
15distributed under subsection (d) of Section 7.2 of the General
16Obligation Bond Act. In determining this maximum for State
17fiscal years 2008 through 2010, however, the amount referred to
18in item (i) shall be increased, as a percentage of the
19applicable employee payroll, in equal increments calculated
20from the sum of the required State contribution for State
21fiscal year 2007 plus the applicable portion of the State's
22total debt service payments for fiscal year 2007 on the bonds
23issued in fiscal year 2003 for the purposes of Section 7.2 of
24the General Obligation Bond Act, so that, by State fiscal year
252011, the State is contributing at the rate otherwise required
26under this Section.

 

 

SB0231 Engrossed- 42 -LRB099 03162 NHT 23170 b

1    (c) Payment of the required State contributions and of all
2pensions, retirement annuities, death benefits, refunds, and
3other benefits granted under or assumed by this System, and all
4expenses in connection with the administration and operation
5thereof, are obligations of the State.
6    If members are paid from special trust or federal funds
7which are administered by the employing unit, whether school
8district or other unit, the employing unit shall pay to the
9System from such funds the full accruing retirement costs based
10upon that service, which, beginning July 1, 2016 2014, shall be
11at a rate, expressed as a percentage of salary, equal to the
12total employer's minimum contribution to the System to be made
13by the State for that fiscal year, including both normal cost
14and unfunded liability components, expressed as a percentage of
15payroll, as determined by the System under subsection (b-3) of
16this Section. Employer contributions, based on salary paid to
17members from federal funds, may be forwarded by the
18distributing agency of the State of Illinois to the System
19prior to allocation, in an amount determined in accordance with
20guidelines established by such agency and the System. Any
21contribution for fiscal year 2015 collected as a result of the
22change made by this amendatory Act of the 98th General Assembly
23shall be considered a State contribution under subsection (b-3)
24of this Section.
25    (d) Effective July 1, 1986, any employer of a teacher as
26defined in paragraph (8) of Section 16-106 shall pay the

 

 

SB0231 Engrossed- 43 -LRB099 03162 NHT 23170 b

1employer's normal cost of benefits based upon the teacher's
2service, in addition to employee contributions, as determined
3by the System. Such employer contributions shall be forwarded
4monthly in accordance with guidelines established by the
5System.
6    However, with respect to benefits granted under Section
716-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
8of Section 16-106, the employer's contribution shall be 12%
9(rather than 20%) of the member's highest annual salary rate
10for each year of creditable service granted, and the employer
11shall also pay the required employee contribution on behalf of
12the teacher. For the purposes of Sections 16-133.4 and
1316-133.5, a teacher as defined in paragraph (8) of Section
1416-106 who is serving in that capacity while on leave of
15absence from another employer under this Article shall not be
16considered an employee of the employer from which the teacher
17is on leave.
18    (e) Beginning July 1, 1998, every employer of a teacher
19shall pay to the System an employer contribution computed as
20follows:
21        (1) Beginning July 1, 1998 through June 30, 1999, the
22    employer contribution shall be equal to 0.3% of each
23    teacher's salary.
24        (2) Beginning July 1, 1999 and thereafter, the employer
25    contribution shall be equal to 0.58% of each teacher's
26    salary.

 

 

SB0231 Engrossed- 44 -LRB099 03162 NHT 23170 b

1The school district or other employing unit may pay these
2employer contributions out of any source of funding available
3for that purpose and shall forward the contributions to the
4System on the schedule established for the payment of member
5contributions.
6    These employer contributions are intended to offset a
7portion of the cost to the System of the increases in
8retirement benefits resulting from this amendatory Act of 1998.
9    Each employer of teachers is entitled to a credit against
10the contributions required under this subsection (e) with
11respect to salaries paid to teachers for the period January 1,
122002 through June 30, 2003, equal to the amount paid by that
13employer under subsection (a-5) of Section 6.6 of the State
14Employees Group Insurance Act of 1971 with respect to salaries
15paid to teachers for that period.
16    The additional 1% employee contribution required under
17Section 16-152 by this amendatory Act of 1998 is the
18responsibility of the teacher and not the teacher's employer,
19unless the employer agrees, through collective bargaining or
20otherwise, to make the contribution on behalf of the teacher.
21    If an employer is required by a contract in effect on May
221, 1998 between the employer and an employee organization to
23pay, on behalf of all its full-time employees covered by this
24Article, all mandatory employee contributions required under
25this Article, then the employer shall be excused from paying
26the employer contribution required under this subsection (e)

 

 

SB0231 Engrossed- 45 -LRB099 03162 NHT 23170 b

1for the balance of the term of that contract. The employer and
2the employee organization shall jointly certify to the System
3the existence of the contractual requirement, in such form as
4the System may prescribe. This exclusion shall cease upon the
5termination, extension, or renewal of the contract at any time
6after May 1, 1998.
7    (f) If the amount of a teacher's salary for any school year
8used to determine final average salary exceeds the member's
9annual full-time salary rate with the same employer for the
10previous school year by more than 6%, the teacher's employer
11shall pay to the System, in addition to all other payments
12required under this Section and in accordance with guidelines
13established by the System, the present value of the increase in
14benefits resulting from the portion of the increase in salary
15that is in excess of 6%. This present value shall be computed
16by the System on the basis of the actuarial assumptions and
17tables used in the most recent actuarial valuation of the
18System that is available at the time of the computation. If a
19teacher's salary for the 2005-2006 school year is used to
20determine final average salary under this subsection (f), then
21the changes made to this subsection (f) by Public Act 94-1057
22shall apply in calculating whether the increase in his or her
23salary is in excess of 6%. For the purposes of this Section,
24change in employment under Section 10-21.12 of the School Code
25on or after June 1, 2005 shall constitute a change in employer.
26The System may require the employer to provide any pertinent

 

 

SB0231 Engrossed- 46 -LRB099 03162 NHT 23170 b

1information or documentation. The changes made to this
2subsection (f) by this amendatory Act of the 94th General
3Assembly apply without regard to whether the teacher was in
4service on or after its effective date.
5    Whenever it determines that a payment is or may be required
6under this subsection, the System shall calculate the amount of
7the payment and bill the employer for that amount. The bill
8shall specify the calculations used to determine the amount
9due. If the employer disputes the amount of the bill, it may,
10within 30 days after receipt of the bill, apply to the System
11in writing for a recalculation. The application must specify in
12detail the grounds of the dispute and, if the employer asserts
13that the calculation is subject to subsection (g) or (h) of
14this Section, must include an affidavit setting forth and
15attesting to all facts within the employer's knowledge that are
16pertinent to the applicability of that subsection. Upon
17receiving a timely application for recalculation, the System
18shall review the application and, if appropriate, recalculate
19the amount due.
20    The employer contributions required under this subsection
21(f) may be paid in the form of a lump sum within 90 days after
22receipt of the bill. If the employer contributions are not paid
23within 90 days after receipt of the bill, then interest will be
24charged at a rate equal to the System's annual actuarially
25assumed rate of return on investment compounded annually from
26the 91st day after receipt of the bill. Payments must be

 

 

SB0231 Engrossed- 47 -LRB099 03162 NHT 23170 b

1concluded within 3 years after the employer's receipt of the
2bill.
3    (g) This subsection (g) applies only to payments made or
4salary increases given on or after June 1, 2005 but before July
51, 2011. The changes made by Public Act 94-1057 shall not
6require the System to refund any payments received before July
731, 2006 (the effective date of Public Act 94-1057).
8    When assessing payment for any amount due under subsection
9(f), the System shall exclude salary increases paid to teachers
10under contracts or collective bargaining agreements entered
11into, amended, or renewed before June 1, 2005.
12    When assessing payment for any amount due under subsection
13(f), the System shall exclude salary increases paid to a
14teacher at a time when the teacher is 10 or more years from
15retirement eligibility under Section 16-132 or 16-133.2.
16    When assessing payment for any amount due under subsection
17(f), the System shall exclude salary increases resulting from
18overload work, including summer school, when the school
19district has certified to the System, and the System has
20approved the certification, that (i) the overload work is for
21the sole purpose of classroom instruction in excess of the
22standard number of classes for a full-time teacher in a school
23district during a school year and (ii) the salary increases are
24equal to or less than the rate of pay for classroom instruction
25computed on the teacher's current salary and work schedule.
26    When assessing payment for any amount due under subsection

 

 

SB0231 Engrossed- 48 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 49 -LRB099 03162 NHT 23170 b

1payments made or salary increases given after June 30, 2014
2shall be used in assessing payment for any amount due under
3subsection (f) of this Section.
4    (i) The System shall prepare a report and file copies of
5the report with the Governor and the General Assembly by
6January 1, 2007 that contains all of the following information:
7        (1) The number of recalculations required by the
8    changes made to this Section by Public Act 94-1057 for each
9    employer.
10        (2) The dollar amount by which each employer's
11    contribution to the System was changed due to
12    recalculations required by Public Act 94-1057.
13        (3) The total amount the System received from each
14    employer as a result of the changes made to this Section by
15    Public Act 94-4.
16        (4) The increase in the required State contribution
17    resulting from the changes made to this Section by Public
18    Act 94-1057.
19    (j) For purposes of determining the required State
20contribution to the System, the value of the System's assets
21shall be equal to the actuarial value of the System's assets,
22which shall be calculated as follows:
23    As of June 30, 2008, the actuarial value of the System's
24assets shall be equal to the market value of the assets as of
25that date. In determining the actuarial value of the System's
26assets for fiscal years after June 30, 2008, any actuarial

 

 

SB0231 Engrossed- 50 -LRB099 03162 NHT 23170 b

1gains or losses from investment return incurred in a fiscal
2year shall be recognized in equal annual amounts over the
35-year period following that fiscal year.
4    (k) For purposes of determining the required State
5contribution to the system for a particular year, the actuarial
6value of assets shall be assumed to earn a rate of return equal
7to the system's actuarially assumed rate of return.
8(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
996-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff.
106-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
 
11    (40 ILCS 5/17-127)  (from Ch. 108 1/2, par. 17-127)
12    Sec. 17-127. Financing; revenues for the Fund.
13    (a) The revenues for the Fund shall consist of: (1) amounts
14paid into the Fund by contributors thereto and from employer
15contributions and State appropriations in accordance with this
16Article; (2) amounts contributed to the Fund by an Employer;
17(3) amounts contributed to the Fund pursuant to any law now in
18force or hereafter to be enacted; (4) contributions from any
19other source; and (5) the earnings on investments.
20    (b) The General Assembly finds that for many years the
21State has contributed to the Fund an annual amount that is
22between 20% and 30% of the amount of the annual State
23contribution to the Article 16 retirement system, and the
24General Assembly declares that it is its goal and intention to
25continue this level of contribution to the Fund in the future.

 

 

SB0231 Engrossed- 51 -LRB099 03162 NHT 23170 b

1    (c) Beginning in State fiscal year 1999, the State shall
2include in its annual contribution to the Fund an additional
3amount equal to 0.544% of the Fund's total teacher payroll;
4except that this additional contribution need not be made in a
5fiscal year if the Board has certified in the previous fiscal
6year that the Fund is at least 90% funded, based on actuarial
7determinations. These additional State contributions are
8intended to offset a portion of the cost to the Fund of the
9increases in retirement benefits resulting from this
10amendatory Act of 1998.
11    (d) In addition to any other contribution required under
12this Article, including the contribution required under
13subsection (c), the State shall contribute to the Fund the
14following amounts:
15        (1) For State fiscal year 2017, the State shall
16    contribute $205,404,986.
17        (2) Beginning in State fiscal year 2018, the State
18    shall contribute for each fiscal year an amount to be
19    determined by the Fund, equal to the employer normal cost
20    for that fiscal year, plus the amount allowed pursuant to
21    paragraph (3) of Section 17-142.1, to defray health
22    insurance costs.
23    (e) The Board shall determine the amount of State
24contributions required for each fiscal year on the basis of the
25actuarial tables and other assumptions adopted by the Board and
26the recommendations of the actuary. On or before November 1 of

 

 

SB0231 Engrossed- 52 -LRB099 03162 NHT 23170 b

1each year, beginning November 1, 2016, the Board shall submit
2to the State Actuary, the Governor, and the General Assembly a
3proposed certification of the amount of the required State
4contribution to the Fund for the next fiscal year, along with
5all of the actuarial assumptions, calculations, and data upon
6which that proposed certification is based.
7    On or before January 1 of each year, beginning January 1,
82017, the State Actuary shall issue a preliminary report
9concerning the proposed certification and identifying, if
10necessary, recommended changes in actuarial assumptions that
11the Board must consider before finalizing its certification of
12the required State contributions.
13    (f) On or before January 15, 2017 and each January 15
14thereafter, the Board shall certify to the Governor and the
15General Assembly the amount of the required State contribution
16for the next fiscal year. The certification shall include a
17copy of the actuarial recommendations upon which it is based
18and shall specifically identify the Fund's projected employer
19normal cost for that fiscal year. The Board's certification
20must note any deviations from the State Actuary's recommended
21changes, the reason or reasons for not following the State
22Actuary's recommended changes, and the fiscal impact of not
23following the State Actuary's recommended changes on the
24required State contribution.
25    For the purposes of this Article, including issuing
26vouchers, and for the purposes of subsection (h) of Section 1.1

 

 

SB0231 Engrossed- 53 -LRB099 03162 NHT 23170 b

1of the State Pension Funds Continuing Appropriation Act, the
2State contribution specified for State fiscal year 2017 shall
3be deemed to have been certified, by operation of law and
4without official action by the Board or the State Actuary, in
5the amount provided in subsection (d) of this Section.
6    (g) Beginning in State fiscal year 2017, on the 15th day of
7each month, or as soon thereafter as may be practicable, the
8Board shall submit vouchers for payment of State contributions
9to the Fund, in a total monthly amount of one-twelfth of the
10required annual State contribution under subsection (d). These
11vouchers shall be paid by the State Comptroller and Treasurer
12by warrants drawn on the funds appropriated to the Fund for
13that fiscal year. If in any month the amount remaining
14unexpended from all other State appropriations to the Fund for
15the applicable fiscal year is less than the amount lawfully
16vouchered under this subsection, the difference shall be paid
17from the Common School Fund under the continuing appropriation
18authority provided in Section 1.1 of the State Pension Funds
19Continuing Appropriation Act.
20(Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98;
2190-582, eff. 5-27-98; 90-655, eff. 7-30-98.)
 
22    Section 918. The State Pension Funds Continuing
23Appropriation Act is amended by changing Section 1.1 as
24follows:
 

 

 

SB0231 Engrossed- 54 -LRB099 03162 NHT 23170 b

1    (40 ILCS 15/1.1)
2    Sec. 1.1. Appropriations to certain retirement systems.
3    (a) There is hereby appropriated from the General Revenue
4Fund to the General Assembly Retirement System, on a continuing
5monthly basis, the amount, if any, by which the total available
6amount of all other appropriations to that retirement system
7for the payment of State contributions is less than the total
8amount of the vouchers for required State contributions
9lawfully submitted by the retirement system for that month
10under Section 2-134 of the Illinois Pension Code.
11    (b) There is hereby appropriated from the General Revenue
12Fund to the State Universities Retirement System, on a
13continuing monthly basis, the amount, if any, by which the
14total available amount of all other appropriations to that
15retirement system for the payment of State contributions,
16including any deficiency in the required contributions of the
17optional retirement program established under Section 15-158.2
18of the Illinois Pension Code, is less than the total amount of
19the vouchers for required State contributions lawfully
20submitted by the retirement system for that month under Section
2115-165 of the Illinois Pension Code.
22    (c) There is hereby appropriated from the Common School
23Fund to the Teachers' Retirement System of the State of
24Illinois, on a continuing monthly basis, the amount, if any, by
25which the total available amount of all other appropriations to
26that retirement system for the payment of State contributions

 

 

SB0231 Engrossed- 55 -LRB099 03162 NHT 23170 b

1is less than the total amount of the vouchers for required
2State contributions lawfully submitted by the retirement
3system for that month under Section 16-158 of the Illinois
4Pension Code.
5    (d) There is hereby appropriated from the General Revenue
6Fund to the Judges Retirement System of Illinois, on a
7continuing monthly basis, the amount, if any, by which the
8total available amount of all other appropriations to that
9retirement system for the payment of State contributions is
10less than the total amount of the vouchers for required State
11contributions lawfully submitted by the retirement system for
12that month under Section 18-140 of the Illinois Pension Code.
13    (e) The continuing appropriations provided by subsections
14(a), (b), (c), and (d) of this Section shall first be available
15in State fiscal year 1996. The continuing appropriations
16provided by subsection (h) of this Section shall first be
17available as provided in that subsection (h).
18    (f) For State fiscal year 2010 only, the continuing
19appropriations provided by this Section are equal to the amount
20certified by each System on or before December 31, 2008, less
21(i) the gross proceeds of the bonds sold in fiscal year 2010
22under the authorization contained in subsection (a) of Section
237.2 of the General Obligation Bond Act and (ii) any amounts
24received from the State Pensions Fund.
25    (g) For State fiscal year 2011 only, the continuing
26appropriations provided by this Section are equal to the amount

 

 

SB0231 Engrossed- 56 -LRB099 03162 NHT 23170 b

1certified by each System on or before April 1, 2011, less (i)
2the gross proceeds of the bonds sold in fiscal year 2011 under
3the authorization contained in subsection (a) of Section 7.2 of
4the General Obligation Bond Act and (ii) any amounts received
5from the State Pensions Fund.
6    (h) There is hereby appropriated from the Common School
7Fund to the Public School Teachers' Pension and Retirement Fund
8of Chicago, on a continuing monthly basis, the amount, if any,
9by which the total available amount of all other State
10appropriations to that Retirement Fund for the payment of State
11contributions under subsection (d) of Section 17-127 of the
12Illinois Pension Code is less than the total amount of the
13vouchers for required State contributions lawfully submitted
14by the Retirement Fund for that month under that Section
1517-127.
16(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
1796-1511, eff. 1-27-11.)
 
18    Section 920. The Innovation Development and Economy Act is
19amended by changing Section 33 as follows:
 
20    (50 ILCS 470/33)
21    Sec. 33. STAR Bonds School Improvement and Operations Trust
22Fund.
23    (a) The STAR Bonds School Improvement and Operations Trust
24Fund is created as a trust fund in the State treasury. Deposits

 

 

SB0231 Engrossed- 57 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 58 -LRB099 03162 NHT 23170 b

1ascertained equalized assessed value of each lot, block, tract,
2or parcel of real property within the STAR bond district, from
3which shall be deducted the homestead exemptions under Article
415 of the Property Tax Code, which value shall be the initial
5equalized assessed value of each such piece of property, and
6(ii) the total equalized assessed value of all taxable real
7property within the district by adding together the most
8recently ascertained equalized assessed value of each taxable
9lot, block, tract, or parcel of real property within the
10district, from which shall be deducted the homestead exemptions
11under Article 15 of the Property Tax Code, and shall certify
12that amount as the total initial equalized assessed value of
13the taxable real property within the STAR bond district.
14    (d) In reference to any STAR bond district created within
15any political subdivision, and in respect to which the county
16clerk has certified the total initial equalized assessed value
17of the property in the area, the political subdivision may
18thereafter request the clerk in writing to adjust the initial
19equalized value of all taxable real property within the STAR
20bond district by deducting therefrom the exemptions under
21Article 15 of the Property Tax Code applicable to each lot,
22block, tract, or parcel of real property within the STAR bond
23district. The county clerk shall immediately, after the written
24request to adjust the total initial equalized value is
25received, determine the total homestead exemptions in the STAR
26bond district as provided under Article 15 of the Property Tax

 

 

SB0231 Engrossed- 59 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 60 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 61 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 62 -LRB099 03162 NHT 23170 b

1under subsection (h).
2    (j) In any year that ad valorem taxes are allocated to the
3STAR Bonds School Improvement and Operations Trust Fund, that
4allocation shall not reduce or otherwise impact the school aid
5provided to any school district under the general State school
6aid formula provided for in Section 18-8.05 of the School Code
7or the primary State aid formula provided for in Section
818-8.15 of the School Code.
9(Source: P.A. 96-939, eff. 6-24-10.)
 
10    Section 925. The County Economic Development Project Area
11Property Tax Allocation Act is amended by changing Section 7 as
12follows:
 
13    (55 ILCS 85/7)  (from Ch. 34, par. 7007)
14    Sec. 7. Creation of special tax allocation fund. If a
15county has adopted property tax allocation financing by
16ordinance for an economic development project area, the
17Department has approved and certified the economic development
18project area, and the county clerk has thereafter certified the
19"total initial equalized value" of the taxable real property
20within such economic development project area in the manner
21provided in subsection (b) of Section 6 of this Act, each year
22after the date of the certification by the county clerk of the
23"initial equalized assessed value" until economic development
24project costs and all county obligations financing economic

 

 

SB0231 Engrossed- 63 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 64 -LRB099 03162 NHT 23170 b

1    incurred in the payment thereof.
2    The county, by an ordinance adopting property tax
3allocation financing, may pledge the funds in and to be
4deposited in the special tax allocation fund for the payment of
5obligations issued under this Act and for the payment of
6economic development project costs. No part of the current
7equalized assessed valuation of each property in the economic
8development project area attributable to any increase above the
9total initial equalized assessed value of such properties shall
10be used in calculating the general State school aid formula,
11provided for in Section 18-8 of the School Code, or the primary
12State aid formula, provided for in Section 18-8.15 of the
13School Code, until such time as all economic development
14projects costs have been paid as provided for in this Section.
15    Whenever a county issues bonds for the purpose of financing
16economic development project costs, the county may provide by
17ordinance for the appointment of a trustee, which may be any
18trust company within the State, and for the establishment of
19the funds or accounts to be maintained by such trustee as the
20county shall deem necessary to provide for the security and
21payment of the bonds. If the county provides for the
22appointment of a trustee, the trustee shall be considered the
23assignee of any payments assigned by the county pursuant to the
24ordinance and this Section. Any amounts paid to the trustee as
25assignee shall be deposited in the funds or accounts
26established pursuant to the trust agreement, and shall be held

 

 

SB0231 Engrossed- 65 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 66 -LRB099 03162 NHT 23170 b

1project area. Thereafter the rates of the taxing districts
2shall be extended and taxes levied, collected and distributed
3in the manner applicable in the absence of the adoption of
4property tax allocation financing.
5    Nothing in this Section shall be construed as relieving
6property in economic development project areas from being
7assessed as provided in the Property Tax Code or as relieving
8owners of that property from paying a uniform rate of taxes, as
9required by Section 4 of Article IX of the Illinois
10Constitution of 1970.
11(Source: P.A. 98-463, eff. 8-16-13.)
 
12    Section 930. The County Economic Development Project Area
13Tax Increment Allocation Act of 1991 is amended by changing
14Section 50 as follows:
 
15    (55 ILCS 90/50)  (from Ch. 34, par. 8050)
16    Sec. 50. Special tax allocation fund.
17    (a) If a county clerk has certified the "total initial
18equalized assessed value" of the taxable real property within
19an economic development project area in the manner provided in
20Section 45, each year after the date of the certification by
21the county clerk of the "total initial equalized assessed
22value", until economic development project costs and all county
23obligations financing economic development project costs have
24been paid, the ad valorem taxes, if any, arising from the

 

 

SB0231 Engrossed- 67 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 68 -LRB099 03162 NHT 23170 b

1    (b) The county, by an ordinance adopting tax increment
2allocation financing, may pledge the monies in and to be
3deposited into the special tax allocation fund for the payment
4of obligations issued under this Act and for the payment of
5economic development project costs. No part of the current
6equalized assessed valuation of each property in the economic
7development project area attributable to any increase above the
8total initial equalized assessed value of those properties
9shall be used in calculating the general State school aid
10formula under Section 18-8 of the School Code or the primary
11State aid formula under Section 18-8.15 of the School Code
12until all economic development projects costs have been paid as
13provided for in this Section.
14    (c) When the economic development projects costs,
15including without limitation all county obligations financing
16economic development project costs incurred under this Act,
17have been paid, all surplus monies then remaining in the
18special tax allocation fund shall be distributed by being paid
19by the county treasurer to the county collector, who shall
20immediately pay the monies to the taxing districts having
21taxable property in the economic development project area in
22the same manner and proportion as the most recent distribution
23by the county collector to those taxing districts of real
24property taxes from real property in the economic development
25project area.
26    (d) Upon the payment of all economic development project

 

 

SB0231 Engrossed- 69 -LRB099 03162 NHT 23170 b

1costs, retirement of obligations, and distribution of any
2excess monies under this Section, the county shall adopt an
3ordinance dissolving the special tax allocation fund for the
4economic development project area and terminating the
5designation of the economic development project area as an
6economic development project area. Thereafter, the rates of the
7taxing districts shall be extended and taxes shall be levied,
8collected, and distributed in the manner applicable in the
9absence of the adoption of tax increment allocation financing.
10    (e) Nothing in this Section shall be construed as relieving
11property in the economic development project areas from being
12assessed as provided in the Property Tax Code or as relieving
13owners of that property from paying a uniform rate of taxes as
14required by Section 4 of Article IX of the Illinois
15Constitution.
16(Source: P.A. 98-463, eff. 8-16-13.)
 
17    Section 935. The Illinois Municipal Code is amended by
18changing Sections 11-74.4-3, 11-74.4-8, and 11-74.6-35 as
19follows:
 
20    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
21    Sec. 11-74.4-3. Definitions. The following terms, wherever
22used or referred to in this Division 74.4 shall have the
23following respective meanings, unless in any case a different
24meaning clearly appears from the context.

 

 

SB0231 Engrossed- 70 -LRB099 03162 NHT 23170 b

1    (a) For any redevelopment project area that has been
2designated pursuant to this Section by an ordinance adopted
3prior to November 1, 1999 (the effective date of Public Act
491-478), "blighted area" shall have the meaning set forth in
5this Section prior to that date.
6    On and after November 1, 1999, "blighted area" means any
7improved or vacant area within the boundaries of a
8redevelopment project area located within the territorial
9limits of the municipality where:
10        (1) If improved, industrial, commercial, and
11    residential buildings or improvements are detrimental to
12    the public safety, health, or welfare because of a
13    combination of 5 or more of the following factors, each of
14    which is (i) present, with that presence documented, to a
15    meaningful extent so that a municipality may reasonably
16    find that the factor is clearly present within the intent
17    of the Act and (ii) reasonably distributed throughout the
18    improved part of the redevelopment project area:
19            (A) Dilapidation. An advanced state of disrepair
20        or neglect of necessary repairs to the primary
21        structural components of buildings or improvements in
22        such a combination that a documented building
23        condition analysis determines that major repair is
24        required or the defects are so serious and so extensive
25        that the buildings must be removed.
26            (B) Obsolescence. The condition or process of

 

 

SB0231 Engrossed- 71 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 72 -LRB099 03162 NHT 23170 b

1        the frequency, extent, or duration of the vacancies.
2            (G) Lack of ventilation, light, or sanitary
3        facilities. The absence of adequate ventilation for
4        light or air circulation in spaces or rooms without
5        windows, or that require the removal of dust, odor,
6        gas, smoke, or other noxious airborne materials.
7        Inadequate natural light and ventilation means the
8        absence of skylights or windows for interior spaces or
9        rooms and improper window sizes and amounts by room
10        area to window area ratios. Inadequate sanitary
11        facilities refers to the absence or inadequacy of
12        garbage storage and enclosure, bathroom facilities,
13        hot water and kitchens, and structural inadequacies
14        preventing ingress and egress to and from all rooms and
15        units within a building.
16            (H) Inadequate utilities. Underground and overhead
17        utilities such as storm sewers and storm drainage,
18        sanitary sewers, water lines, and gas, telephone, and
19        electrical services that are shown to be inadequate.
20        Inadequate utilities are those that are: (i) of
21        insufficient capacity to serve the uses in the
22        redevelopment project area, (ii) deteriorated,
23        antiquated, obsolete, or in disrepair, or (iii)
24        lacking within the redevelopment project area.
25            (I) Excessive land coverage and overcrowding of
26        structures and community facilities. The

 

 

SB0231 Engrossed- 73 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 74 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 75 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 76 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 77 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 78 -LRB099 03162 NHT 23170 b

1        provides for facilities or improvements to contribute
2        to the alleviation of all or part of the flooding.
3            (D) The area consists of an unused or illegal
4        disposal site containing earth, stone, building
5        debris, or similar materials that were removed from
6        construction, demolition, excavation, or dredge sites.
7            (E) Prior to November 1, 1999, the area is not less
8        than 50 nor more than 100 acres and 75% of which is
9        vacant (notwithstanding that the area has been used for
10        commercial agricultural purposes within 5 years prior
11        to the designation of the redevelopment project area),
12        and the area meets at least one of the factors itemized
13        in paragraph (1) of this subsection, the area has been
14        designated as a town or village center by ordinance or
15        comprehensive plan adopted prior to January 1, 1982,
16        and the area has not been developed for that designated
17        purpose.
18            (F) The area qualified as a blighted improved area
19        immediately prior to becoming vacant, unless there has
20        been substantial private investment in the immediately
21        surrounding area.
22    (b) For any redevelopment project area that has been
23designated pursuant to this Section by an ordinance adopted
24prior to November 1, 1999 (the effective date of Public Act
2591-478), "conservation area" shall have the meaning set forth
26in this Section prior to that date.

 

 

SB0231 Engrossed- 79 -LRB099 03162 NHT 23170 b

1    On and after November 1, 1999, "conservation area" means
2any improved area within the boundaries of a redevelopment
3project area located within the territorial limits of the
4municipality in which 50% or more of the structures in the area
5have an age of 35 years or more. Such an area is not yet a
6blighted area but because of a combination of 3 or more of the
7following factors is detrimental to the public safety, health,
8morals or welfare and such an area may become a blighted area:
9        (1) Dilapidation. An advanced state of disrepair or
10    neglect of necessary repairs to the primary structural
11    components of buildings or improvements in such a
12    combination that a documented building condition analysis
13    determines that major repair is required or the defects are
14    so serious and so extensive that the buildings must be
15    removed.
16        (2) Obsolescence. The condition or process of falling
17    into disuse. Structures have become ill-suited for the
18    original use.
19        (3) Deterioration. With respect to buildings, defects
20    including, but not limited to, major defects in the
21    secondary building components such as doors, windows,
22    porches, gutters and downspouts, and fascia. With respect
23    to surface improvements, that the condition of roadways,
24    alleys, curbs, gutters, sidewalks, off-street parking, and
25    surface storage areas evidence deterioration, including,
26    but not limited to, surface cracking, crumbling, potholes,

 

 

SB0231 Engrossed- 80 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 81 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 82 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 83 -LRB099 03162 NHT 23170 b

1    required by State or federal law, provided that the
2    remediation costs constitute a material impediment to the
3    development or redevelopment of the redevelopment project
4    area.
5        (13) The total equalized assessed value of the proposed
6    redevelopment project area has declined for 3 of the last 5
7    calendar years for which information is available or is
8    increasing at an annual rate that is less than the balance
9    of the municipality for 3 of the last 5 calendar years for
10    which information is available or is increasing at an
11    annual rate that is less than the Consumer Price Index for
12    All Urban Consumers published by the United States
13    Department of Labor or successor agency for 3 of the last 5
14    calendar years for which information is available.
15    (c) "Industrial park" means an area in a blighted or
16conservation area suitable for use by any manufacturing,
17industrial, research or transportation enterprise, of
18facilities to include but not be limited to factories, mills,
19processing plants, assembly plants, packing plants,
20fabricating plants, industrial distribution centers,
21warehouses, repair overhaul or service facilities, freight
22terminals, research facilities, test facilities or railroad
23facilities.
24    (d) "Industrial park conservation area" means an area
25within the boundaries of a redevelopment project area located
26within the territorial limits of a municipality that is a labor

 

 

SB0231 Engrossed- 84 -LRB099 03162 NHT 23170 b

1surplus municipality or within 1 1/2 miles of the territorial
2limits of a municipality that is a labor surplus municipality
3if the area is annexed to the municipality; which area is zoned
4as industrial no later than at the time the municipality by
5ordinance designates the redevelopment project area, and which
6area includes both vacant land suitable for use as an
7industrial park and a blighted area or conservation area
8contiguous to such vacant land.
9    (e) "Labor surplus municipality" means a municipality in
10which, at any time during the 6 months before the municipality
11by ordinance designates an industrial park conservation area,
12the unemployment rate was over 6% and was also 100% or more of
13the national average unemployment rate for that same time as
14published in the United States Department of Labor Bureau of
15Labor Statistics publication entitled "The Employment
16Situation" or its successor publication. For the purpose of
17this subsection, if unemployment rate statistics for the
18municipality are not available, the unemployment rate in the
19municipality shall be deemed to be the same as the unemployment
20rate in the principal county in which the municipality is
21located.
22    (f) "Municipality" shall mean a city, village,
23incorporated town, or a township that is located in the
24unincorporated portion of a county with 3 million or more
25inhabitants, if the county adopted an ordinance that approved
26the township's redevelopment plan.

 

 

SB0231 Engrossed- 85 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 86 -LRB099 03162 NHT 23170 b

1Sales Tax Boundary, as the case may be, during the base year
2which shall be the calendar year immediately prior to the year
3in which the municipality adopted tax increment allocation
4financing. For purposes of computing the aggregate amount of
5such taxes for base years occurring prior to 1985, the
6Department of Revenue shall determine the Initial Sales Tax
7Amounts for such taxes and deduct therefrom an amount equal to
84% of the aggregate amount of taxes per year for each year the
9base year is prior to 1985, but not to exceed a total deduction
10of 12%. The amount so determined shall be known as the
11"Adjusted Initial Sales Tax Amounts". For purposes of
12determining the Municipal Sales Tax Increment, the Department
13of Revenue shall for each period subtract from the amount paid
14to the municipality from the Local Government Tax Fund arising
15from sales by retailers and servicemen on transactions located
16in the redevelopment project area or the State Sales Tax
17Boundary, as the case may be, the certified Initial Sales Tax
18Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
19Initial Sales Tax Amounts for the Municipal Retailers'
20Occupation Tax Act and the Municipal Service Occupation Tax
21Act. For the State Fiscal Year 1989, this calculation shall be
22made by utilizing the calendar year 1987 to determine the tax
23amounts received. For the State Fiscal Year 1990, this
24calculation shall be made by utilizing the period from January
251, 1988, until September 30, 1988, to determine the tax amounts
26received from retailers and servicemen pursuant to the

 

 

SB0231 Engrossed- 87 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 88 -LRB099 03162 NHT 23170 b

1generated within a State Sales Tax Boundary. If, however, a
2municipality established a tax increment financing district in
3a county with a population in excess of 3,000,000 before
4January 1, 1986, and the municipality entered into a contract
5or issued bonds after January 1, 1986, but before December 31,
61986, to finance redevelopment project costs within a State
7Sales Tax Boundary, then the Net State Sales Tax Increment
8means, for the fiscal years beginning July 1, 1990, and July 1,
91991, 100% of the State Sales Tax Increment annually generated
10within a State Sales Tax Boundary; and notwithstanding any
11other provision of this Act, for those fiscal years the
12Department of Revenue shall distribute to those municipalities
13100% of their Net State Sales Tax Increment before any
14distribution to any other municipality and regardless of
15whether or not those other municipalities will receive 100% of
16their Net State Sales Tax Increment. For Fiscal Year 1999, and
17every year thereafter until the year 2007, for any municipality
18that has not entered into a contract or has not issued bonds
19prior to June 1, 1988 to finance redevelopment project costs
20within a State Sales Tax Boundary, the Net State Sales Tax
21Increment shall be calculated as follows: By multiplying the
22Net State Sales Tax Increment by 90% in the State Fiscal Year
231999; 80% in the State Fiscal Year 2000; 70% in the State
24Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
25State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
26in the State Fiscal Year 2005; 20% in the State Fiscal Year

 

 

SB0231 Engrossed- 89 -LRB099 03162 NHT 23170 b

12006; and 10% in the State Fiscal Year 2007. No payment shall
2be made for State Fiscal Year 2008 and thereafter.
3    Municipalities that issued bonds in connection with a
4redevelopment project in a redevelopment project area within
5the State Sales Tax Boundary prior to July 29, 1991, or that
6entered into contracts in connection with a redevelopment
7project in a redevelopment project area before June 1, 1988,
8shall continue to receive their proportional share of the
9Illinois Tax Increment Fund distribution until the date on
10which the redevelopment project is completed or terminated. If,
11however, a municipality that issued bonds in connection with a
12redevelopment project in a redevelopment project area within
13the State Sales Tax Boundary prior to July 29, 1991 retires the
14bonds prior to June 30, 2007 or a municipality that entered
15into contracts in connection with a redevelopment project in a
16redevelopment project area before June 1, 1988 completes the
17contracts prior to June 30, 2007, then so long as the
18redevelopment project is not completed or is not terminated,
19the Net State Sales Tax Increment shall be calculated,
20beginning on the date on which the bonds are retired or the
21contracts are completed, as follows: By multiplying the Net
22State Sales Tax Increment by 60% in the State Fiscal Year 2002;
2350% in the State Fiscal Year 2003; 40% in the State Fiscal Year
242004; 30% in the State Fiscal Year 2005; 20% in the State
25Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
26payment shall be made for State Fiscal Year 2008 and

 

 

SB0231 Engrossed- 90 -LRB099 03162 NHT 23170 b

1thereafter. Refunding of any bonds issued prior to July 29,
21991, shall not alter the Net State Sales Tax Increment.
3    (j) "State Utility Tax Increment Amount" means an amount
4equal to the aggregate increase in State electric and gas tax
5charges imposed on owners and tenants, other than residential
6customers, of properties located within the redevelopment
7project area under Section 9-222 of the Public Utilities Act,
8over and above the aggregate of such charges as certified by
9the Department of Revenue and paid by owners and tenants, other
10than residential customers, of properties within the
11redevelopment project area during the base year, which shall be
12the calendar year immediately prior to the year of the adoption
13of the ordinance authorizing tax increment allocation
14financing.
15    (k) "Net State Utility Tax Increment" means the sum of the
16following: (a) 80% of the first $100,000 of State Utility Tax
17Increment annually generated by a redevelopment project area;
18(b) 60% of the amount in excess of $100,000 but not exceeding
19$500,000 of the State Utility Tax Increment annually generated
20by a redevelopment project area; and (c) 40% of all amounts in
21excess of $500,000 of State Utility Tax Increment annually
22generated by a redevelopment project area. For the State Fiscal
23Year 1999, and every year thereafter until the year 2007, for
24any municipality that has not entered into a contract or has
25not issued bonds prior to June 1, 1988 to finance redevelopment
26project costs within a redevelopment project area, the Net

 

 

SB0231 Engrossed- 91 -LRB099 03162 NHT 23170 b

1State Utility Tax Increment shall be calculated as follows: By
2multiplying the Net State Utility Tax Increment by 90% in the
3State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
4in the State Fiscal Year 2001; 60% in the State Fiscal Year
52002; 50% in the State Fiscal Year 2003; 40% in the State
6Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
7State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
8No payment shall be made for the State Fiscal Year 2008 and
9thereafter.
10    Municipalities that issue bonds in connection with the
11redevelopment project during the period from June 1, 1988 until
123 years after the effective date of this Amendatory Act of 1988
13shall receive the Net State Utility Tax Increment, subject to
14appropriation, for 15 State Fiscal Years after the issuance of
15such bonds. For the 16th through the 20th State Fiscal Years
16after issuance of the bonds, the Net State Utility Tax
17Increment shall be calculated as follows: By multiplying the
18Net State Utility Tax Increment by 90% in year 16; 80% in year
1917; 70% in year 18; 60% in year 19; and 50% in year 20.
20Refunding of any bonds issued prior to June 1, 1988, shall not
21alter the revised Net State Utility Tax Increment payments set
22forth above.
23    (l) "Obligations" mean bonds, loans, debentures, notes,
24special certificates or other evidence of indebtedness issued
25by the municipality to carry out a redevelopment project or to
26refund outstanding obligations.

 

 

SB0231 Engrossed- 92 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 93 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 94 -LRB099 03162 NHT 23170 b

1        (I) if it concerns an industrial park conservation
2    area, the plan shall also include a general description of
3    any proposed developer, user and tenant of any property, a
4    description of the type, structure and general character of
5    the facilities to be developed, a description of the type,
6    class and number of new employees to be employed in the
7    operation of the facilities to be developed; and
8        (J) if property is to be annexed to the municipality,
9    the plan shall include the terms of the annexation
10    agreement.
11    The provisions of items (B) and (C) of this subsection (n)
12shall not apply to a municipality that before March 14, 1994
13(the effective date of Public Act 88-537) had fixed, either by
14its corporate authorities or by a commission designated under
15subsection (k) of Section 11-74.4-4, a time and place for a
16public hearing as required by subsection (a) of Section
1711-74.4-5. No redevelopment plan shall be adopted unless a
18municipality complies with all of the following requirements:
19        (1) The municipality finds that the redevelopment
20    project area on the whole has not been subject to growth
21    and development through investment by private enterprise
22    and would not reasonably be anticipated to be developed
23    without the adoption of the redevelopment plan.
24        (2) The municipality finds that the redevelopment plan
25    and project conform to the comprehensive plan for the
26    development of the municipality as a whole, or, for

 

 

SB0231 Engrossed- 95 -LRB099 03162 NHT 23170 b

1    municipalities with a population of 100,000 or more,
2    regardless of when the redevelopment plan and project was
3    adopted, the redevelopment plan and project either: (i)
4    conforms to the strategic economic development or
5    redevelopment plan issued by the designated planning
6    authority of the municipality, or (ii) includes land uses
7    that have been approved by the planning commission of the
8    municipality.
9        (3) The redevelopment plan establishes the estimated
10    dates of completion of the redevelopment project and
11    retirement of obligations issued to finance redevelopment
12    project costs. Those dates may not be later than the dates
13    set forth under Section 11-74.4-3.5.
14        A municipality may by municipal ordinance amend an
15    existing redevelopment plan to conform to this paragraph
16    (3) as amended by Public Act 91-478, which municipal
17    ordinance may be adopted without further hearing or notice
18    and without complying with the procedures provided in this
19    Act pertaining to an amendment to or the initial approval
20    of a redevelopment plan and project and designation of a
21    redevelopment project area.
22        (3.5) The municipality finds, in the case of an
23    industrial park conservation area, also that the
24    municipality is a labor surplus municipality and that the
25    implementation of the redevelopment plan will reduce
26    unemployment, create new jobs and by the provision of new

 

 

SB0231 Engrossed- 96 -LRB099 03162 NHT 23170 b

1    facilities enhance the tax base of the taxing districts
2    that extend into the redevelopment project area.
3        (4) If any incremental revenues are being utilized
4    under Section 8(a)(1) or 8(a)(2) of this Act in
5    redevelopment project areas approved by ordinance after
6    January 1, 1986, the municipality finds: (a) that the
7    redevelopment project area would not reasonably be
8    developed without the use of such incremental revenues, and
9    (b) that such incremental revenues will be exclusively
10    utilized for the development of the redevelopment project
11    area.
12        (5) If the redevelopment plan will not result in
13    displacement of residents from 10 or more inhabited
14    residential units, and the municipality certifies in the
15    plan that such displacement will not result from the plan,
16    a housing impact study need not be performed. If, however,
17    the redevelopment plan would result in the displacement of
18    residents from 10 or more inhabited residential units, or
19    if the redevelopment project area contains 75 or more
20    inhabited residential units and no certification is made,
21    then the municipality shall prepare, as part of the
22    separate feasibility report required by subsection (a) of
23    Section 11-74.4-5, a housing impact study.
24        Part I of the housing impact study shall include (i)
25    data as to whether the residential units are single family
26    or multi-family units, (ii) the number and type of rooms

 

 

SB0231 Engrossed- 97 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 98 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 99 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 100 -LRB099 03162 NHT 23170 b

1For the purpose of this subsection, "recreational activities"
2is limited to mean camping and hunting.
3    (p) "Redevelopment project area" means an area designated
4by the municipality, which is not less in the aggregate than 1
51/2 acres and in respect to which the municipality has made a
6finding that there exist conditions which cause the area to be
7classified as an industrial park conservation area or a
8blighted area or a conservation area, or a combination of both
9blighted areas and conservation areas.
10    (p-1) Notwithstanding any provision of this Act to the
11contrary, on and after August 25, 2009 (the effective date of
12Public Act 96-680), a redevelopment project area may include
13areas within a one-half mile radius of an existing or proposed
14Regional Transportation Authority Suburban Transit Access
15Route (STAR Line) station without a finding that the area is
16classified as an industrial park conservation area, a blighted
17area, a conservation area, or a combination thereof, but only
18if the municipality receives unanimous consent from the joint
19review board created to review the proposed redevelopment
20project area.
21    (q) "Redevelopment project costs", except for
22redevelopment project areas created pursuant to subsection
23(p-1), means and includes the sum total of all reasonable or
24necessary costs incurred or estimated to be incurred, and any
25such costs incidental to a redevelopment plan and a
26redevelopment project. Such costs include, without limitation,

 

 

SB0231 Engrossed- 101 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 102 -LRB099 03162 NHT 23170 b

1    for the municipality and thereafter whenever any other
2    contracts with those individuals or entities are executed
3    by the consultant or advisor;
4        (1.5) After July 1, 1999, annual administrative costs
5    shall not include general overhead or administrative costs
6    of the municipality that would still have been incurred by
7    the municipality if the municipality had not designated a
8    redevelopment project area or approved a redevelopment
9    plan;
10        (1.6) The cost of marketing sites within the
11    redevelopment project area to prospective businesses,
12    developers, and investors;
13        (2) Property assembly costs, including but not limited
14    to acquisition of land and other property, real or
15    personal, or rights or interests therein, demolition of
16    buildings, site preparation, site improvements that serve
17    as an engineered barrier addressing ground level or below
18    ground environmental contamination, including, but not
19    limited to parking lots and other concrete or asphalt
20    barriers, and the clearing and grading of land;
21        (3) Costs of rehabilitation, reconstruction or repair
22    or remodeling of existing public or private buildings,
23    fixtures, and leasehold improvements; and the cost of
24    replacing an existing public building if pursuant to the
25    implementation of a redevelopment project the existing
26    public building is to be demolished to use the site for

 

 

SB0231 Engrossed- 103 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 104 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 105 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 106 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 107 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 108 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 109 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 110 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 111 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 112 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 113 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 114 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 115 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 116 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 117 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 118 -LRB099 03162 NHT 23170 b

1    2008 (the effective date of Public Act 95-934), unless no
2    prudent and feasible alternative exists. "Historic
3    resource" for the purpose of this item (14) means (i) a
4    place or structure that is included or eligible for
5    inclusion on the National Register of Historic Places or
6    (ii) a contributing structure in a district on the National
7    Register of Historic Places. This item (14) does not apply
8    to a place or structure for which demolition, removal, or
9    modification is subject to review by the preservation
10    agency of a Certified Local Government designated as such
11    by the National Park Service of the United States
12    Department of the Interior.
13    If a special service area has been established pursuant to
14the Special Service Area Tax Act or Special Service Area Tax
15Law, then any tax increment revenues derived from the tax
16imposed pursuant to the Special Service Area Tax Act or Special
17Service Area Tax Law may be used within the redevelopment
18project area for the purposes permitted by that Act or Law as
19well as the purposes permitted by this Act.
20    (q-1) For redevelopment project areas created pursuant to
21subsection (p-1), redevelopment project costs are limited to
22those costs in paragraph (q) that are related to the existing
23or proposed Regional Transportation Authority Suburban Transit
24Access Route (STAR Line) station.
25    (r) "State Sales Tax Boundary" means the redevelopment
26project area or the amended redevelopment project area

 

 

SB0231 Engrossed- 119 -LRB099 03162 NHT 23170 b

1boundaries which are determined pursuant to subsection (9) of
2Section 11-74.4-8a of this Act. The Department of Revenue shall
3certify pursuant to subsection (9) of Section 11-74.4-8a the
4appropriate boundaries eligible for the determination of State
5Sales Tax Increment.
6    (s) "State Sales Tax Increment" means an amount equal to
7the increase in the aggregate amount of taxes paid by retailers
8and servicemen, other than retailers and servicemen subject to
9the Public Utilities Act, on transactions at places of business
10located within a State Sales Tax Boundary pursuant to the
11Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
12Tax Act, and the Service Occupation Tax Act, except such
13portion of such increase that is paid into the State and Local
14Sales Tax Reform Fund, the Local Government Distributive Fund,
15the Local Government Tax Fund and the County and Mass Transit
16District Fund, for as long as State participation exists, over
17and above the Initial Sales Tax Amounts, Adjusted Initial Sales
18Tax Amounts or the Revised Initial Sales Tax Amounts for such
19taxes as certified by the Department of Revenue and paid under
20those Acts by retailers and servicemen on transactions at
21places of business located within the State Sales Tax Boundary
22during the base year which shall be the calendar year
23immediately prior to the year in which the municipality adopted
24tax increment allocation financing, less 3.0% of such amounts
25generated under the Retailers' Occupation Tax Act, Use Tax Act
26and Service Use Tax Act and the Service Occupation Tax Act,

 

 

SB0231 Engrossed- 120 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 121 -LRB099 03162 NHT 23170 b

1Year 1991, this calculation shall be made by utilizing the
2period from October 1, 1988, until June 30, 1989, to determine
3the tax amounts received from retailers and servicemen, which
4shall have deducted therefrom nine-twelfths of the certified
5Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
6Amounts or the Revised Initial Sales Tax Amounts as
7appropriate. For every State Fiscal Year thereafter, the
8applicable period shall be the 12 months beginning July 1 and
9ending on June 30, to determine the tax amounts received which
10shall have deducted therefrom the certified Initial Sales Tax
11Amounts, Adjusted Initial Sales Tax Amounts or the Revised
12Initial Sales Tax Amounts. Municipalities intending to receive
13a distribution of State Sales Tax Increment must report a list
14of retailers to the Department of Revenue by October 31, 1988
15and by July 31, of each year thereafter.
16    (t) "Taxing districts" means counties, townships, cities
17and incorporated towns and villages, school, road, park,
18sanitary, mosquito abatement, forest preserve, public health,
19fire protection, river conservancy, tuberculosis sanitarium
20and any other municipal corporations or districts with the
21power to levy taxes.
22    (u) "Taxing districts' capital costs" means those costs of
23taxing districts for capital improvements that are found by the
24municipal corporate authorities to be necessary and directly
25result from the redevelopment project.
26    (v) As used in subsection (a) of Section 11-74.4-3 of this

 

 

SB0231 Engrossed- 122 -LRB099 03162 NHT 23170 b

1Act, "vacant land" means any parcel or combination of parcels
2of real property without industrial, commercial, and
3residential buildings which has not been used for commercial
4agricultural purposes within 5 years prior to the designation
5of the redevelopment project area, unless the parcel is
6included in an industrial park conservation area or the parcel
7has been subdivided; provided that if the parcel was part of a
8larger tract that has been divided into 3 or more smaller
9tracts that were accepted for recording during the period from
101950 to 1990, then the parcel shall be deemed to have been
11subdivided, and all proceedings and actions of the municipality
12taken in that connection with respect to any previously
13approved or designated redevelopment project area or amended
14redevelopment project area are hereby validated and hereby
15declared to be legally sufficient for all purposes of this Act.
16For purposes of this Section and only for land subject to the
17subdivision requirements of the Plat Act, land is subdivided
18when the original plat of the proposed Redevelopment Project
19Area or relevant portion thereof has been properly certified,
20acknowledged, approved, and recorded or filed in accordance
21with the Plat Act and a preliminary plat, if any, for any
22subsequent phases of the proposed Redevelopment Project Area or
23relevant portion thereof has been properly approved and filed
24in accordance with the applicable ordinance of the
25municipality.
26    (w) "Annual Total Increment" means the sum of each

 

 

SB0231 Engrossed- 123 -LRB099 03162 NHT 23170 b

1municipality's annual Net Sales Tax Increment and each
2municipality's annual Net Utility Tax Increment. The ratio of
3the Annual Total Increment of each municipality to the Annual
4Total Increment for all municipalities, as most recently
5calculated by the Department, shall determine the proportional
6shares of the Illinois Tax Increment Fund to be distributed to
7each municipality.
8    (x) "LEED certified" means any certification level of
9construction elements by a qualified Leadership in Energy and
10Environmental Design Accredited Professional as determined by
11the U.S. Green Building Council.
12    (y) "Green Globes certified" means any certification level
13of construction elements by a qualified Green Globes
14Professional as determined by the Green Building Initiative.
15(Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10;
1696-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff.
171-1-12.)
 
18    (65 ILCS 5/11-74.4-8)   (from Ch. 24, par. 11-74.4-8)
19    Sec. 11-74.4-8. Tax increment allocation financing. A
20municipality may not adopt tax increment financing in a
21redevelopment project area after the effective date of this
22amendatory Act of 1997 that will encompass an area that is
23currently included in an enterprise zone created under the
24Illinois Enterprise Zone Act unless that municipality,
25pursuant to Section 5.4 of the Illinois Enterprise Zone Act,

 

 

SB0231 Engrossed- 124 -LRB099 03162 NHT 23170 b

1amends the enterprise zone designating ordinance to limit the
2eligibility for tax abatements as provided in Section 5.4.1 of
3the Illinois Enterprise Zone Act. A municipality, at the time a
4redevelopment project area is designated, may adopt tax
5increment allocation financing by passing an ordinance
6providing that the ad valorem taxes, if any, arising from the
7levies upon taxable real property in such redevelopment project
8area by taxing districts and tax rates determined in the manner
9provided in paragraph (c) of Section 11-74.4-9 each year after
10the effective date of the ordinance until redevelopment project
11costs and all municipal obligations financing redevelopment
12project costs incurred under this Division have been paid shall
13be divided as follows:
14    (a) That portion of taxes levied upon each taxable lot,
15block, tract or parcel of real property which is attributable
16to the lower of the current equalized assessed value or the
17initial equalized assessed value of each such taxable lot,
18block, tract or parcel of real property in the redevelopment
19project area shall be allocated to and when collected shall be
20paid by the county collector to the respective affected taxing
21districts in the manner required by law in the absence of the
22adoption of tax increment allocation financing.
23    (b) Except from a tax levied by a township to retire bonds
24issued to satisfy court-ordered damages, that portion, if any,
25of such taxes which is attributable to the increase in the
26current equalized assessed valuation of each taxable lot,

 

 

SB0231 Engrossed- 125 -LRB099 03162 NHT 23170 b

1block, tract or parcel of real property in the redevelopment
2project area over and above the initial equalized assessed
3value of each property in the project area shall be allocated
4to and when collected shall be paid to the municipal treasurer
5who shall deposit said taxes into a special fund called the
6special tax allocation fund of the municipality for the purpose
7of paying redevelopment project costs and obligations incurred
8in the payment thereof. In any county with a population of
93,000,000 or more that has adopted a procedure for collecting
10taxes that provides for one or more of the installments of the
11taxes to be billed and collected on an estimated basis, the
12municipal treasurer shall be paid for deposit in the special
13tax allocation fund of the municipality, from the taxes
14collected from estimated bills issued for property in the
15redevelopment project area, the difference between the amount
16actually collected from each taxable lot, block, tract, or
17parcel of real property within the redevelopment project area
18and an amount determined by multiplying the rate at which taxes
19were last extended against the taxable lot, block, track, or
20parcel of real property in the manner provided in subsection
21(c) of Section 11-74.4-9 by the initial equalized assessed
22value of the property divided by the number of installments in
23which real estate taxes are billed and collected within the
24county; provided that the payments on or before December 31,
251999 to a municipal treasurer shall be made only if each of the
26following conditions are met:

 

 

SB0231 Engrossed- 126 -LRB099 03162 NHT 23170 b

1        (1) The total equalized assessed value of the
2    redevelopment project area as last determined was not less
3    than 175% of the total initial equalized assessed value.
4        (2) Not more than 50% of the total equalized assessed
5    value of the redevelopment project area as last determined
6    is attributable to a piece of property assigned a single
7    real estate index number.
8        (3) The municipal clerk has certified to the county
9    clerk that the municipality has issued its obligations to
10    which there has been pledged the incremental property taxes
11    of the redevelopment project area or taxes levied and
12    collected on any or all property in the municipality or the
13    full faith and credit of the municipality to pay or secure
14    payment for all or a portion of the redevelopment project
15    costs. The certification shall be filed annually no later
16    than September 1 for the estimated taxes to be distributed
17    in the following year; however, for the year 1992 the
18    certification shall be made at any time on or before March
19    31, 1992.
20        (4) The municipality has not requested that the total
21    initial equalized assessed value of real property be
22    adjusted as provided in subsection (b) of Section
23    11-74.4-9.
24    The conditions of paragraphs (1) through (4) do not apply
25after December 31, 1999 to payments to a municipal treasurer
26made by a county with 3,000,000 or more inhabitants that has

 

 

SB0231 Engrossed- 127 -LRB099 03162 NHT 23170 b

1adopted an estimated billing procedure for collecting taxes. If
2a county that has adopted the estimated billing procedure makes
3an erroneous overpayment of tax revenue to the municipal
4treasurer, then the county may seek a refund of that
5overpayment. The county shall send the municipal treasurer a
6notice of liability for the overpayment on or before the
7mailing date of the next real estate tax bill within the
8county. The refund shall be limited to the amount of the
9overpayment.
10    It is the intent of this Division that after the effective
11date of this amendatory Act of 1988 a municipality's own ad
12valorem tax arising from levies on taxable real property be
13included in the determination of incremental revenue in the
14manner provided in paragraph (c) of Section 11-74.4-9. If the
15municipality does not extend such a tax, it shall annually
16deposit in the municipality's Special Tax Increment Fund an
17amount equal to 10% of the total contributions to the fund from
18all other taxing districts in that year. The annual 10% deposit
19required by this paragraph shall be limited to the actual
20amount of municipally produced incremental tax revenues
21available to the municipality from taxpayers located in the
22redevelopment project area in that year if: (a) the plan for
23the area restricts the use of the property primarily to
24industrial purposes, (b) the municipality establishing the
25redevelopment project area is a home-rule community with a 1990
26population of between 25,000 and 50,000, (c) the municipality

 

 

SB0231 Engrossed- 128 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 129 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 130 -LRB099 03162 NHT 23170 b

1redevelopment project area attributable to any increase above
2the total initial equalized assessed value, or the total
3initial equalized assessed value as adjusted, of such
4properties shall be used in calculating the general State
5school aid formula, provided for in Section 18-8 of the School
6Code, or the primary State aid formula, provided for in Section
718-8.15 of the School Code, until such time as all
8redevelopment project costs have been paid as provided for in
9this Section.
10    Whenever a municipality issues bonds for the purpose of
11financing redevelopment project costs, such municipality may
12provide by ordinance for the appointment of a trustee, which
13may be any trust company within the State, and for the
14establishment of such funds or accounts to be maintained by
15such trustee as the municipality shall deem necessary to
16provide for the security and payment of the bonds. If such
17municipality provides for the appointment of a trustee, such
18trustee shall be considered the assignee of any payments
19assigned by the municipality pursuant to such ordinance and
20this Section. Any amounts paid to such trustee as assignee
21shall be deposited in the funds or accounts established
22pursuant to such trust agreement, and shall be held by such
23trustee in trust for the benefit of the holders of the bonds,
24and such holders shall have a lien on and a security interest
25in such funds or accounts so long as the bonds remain
26outstanding and unpaid. Upon retirement of the bonds, the

 

 

SB0231 Engrossed- 131 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 132 -LRB099 03162 NHT 23170 b

1designation of the redevelopment project area as a
2redevelopment project area. Title to real or personal property
3and public improvements acquired by or for the municipality as
4a result of the redevelopment project and plan shall vest in
5the municipality when acquired and shall continue to be held by
6the municipality after the redevelopment project area has been
7terminated. Municipalities shall notify affected taxing
8districts prior to November 1 if the redevelopment project area
9is to be terminated by December 31 of that same year. If a
10municipality extends estimated dates of completion of a
11redevelopment project and retirement of obligations to finance
12a redevelopment project, as allowed by this amendatory Act of
131993, that extension shall not extend the property tax
14increment allocation financing authorized by this Section.
15Thereafter the rates of the taxing districts shall be extended
16and taxes levied, collected and distributed in the manner
17applicable in the absence of the adoption of tax increment
18allocation financing.
19    Nothing in this Section shall be construed as relieving
20property in such redevelopment project areas from being
21assessed as provided in the Property Tax Code or as relieving
22owners of such property from paying a uniform rate of taxes, as
23required by Section 4 of Article IX of the Illinois
24Constitution.
25(Source: P.A. 98-463, eff. 8-16-13.)
 

 

 

SB0231 Engrossed- 133 -LRB099 03162 NHT 23170 b

1    (65 ILCS 5/11-74.6-35)
2    Sec. 11-74.6-35. Ordinance for tax increment allocation
3financing.
4    (a) A municipality, at the time a redevelopment project
5area is designated, may adopt tax increment allocation
6financing by passing an ordinance providing that the ad valorem
7taxes, if any, arising from the levies upon taxable real
8property within the redevelopment project area by taxing
9districts and tax rates determined in the manner provided in
10subsection (b) of Section 11-74.6-40 each year after the
11effective date of the ordinance until redevelopment project
12costs and all municipal obligations financing redevelopment
13project costs incurred under this Act have been paid shall be
14divided as follows:
15        (1) That portion of the taxes levied upon each taxable
16    lot, block, tract or parcel of real property that is
17    attributable to the lower of the current equalized assessed
18    value or the initial equalized assessed value or the
19    updated initial equalized assessed value of each taxable
20    lot, block, tract or parcel of real property in the
21    redevelopment project area shall be allocated to and when
22    collected shall be paid by the county collector to the
23    respective affected taxing districts in the manner
24    required by law without regard to the adoption of tax
25    increment allocation financing.
26        (2) That portion, if any, of those taxes that is

 

 

SB0231 Engrossed- 134 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 135 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 136 -LRB099 03162 NHT 23170 b

1after December 31, 1999 to payments to a municipal treasurer
2made by a county with 3,000,000 or more inhabitants that has
3adopted an estimated billing procedure for collecting taxes. If
4a county that has adopted the estimated billing procedure makes
5an erroneous overpayment of tax revenue to the municipal
6treasurer, then the county may seek a refund of that
7overpayment. The county shall send the municipal treasurer a
8notice of liability for the overpayment on or before the
9mailing date of the next real estate tax bill within the
10county. The refund shall be limited to the amount of the
11overpayment.
12    (b) It is the intent of this Act that a municipality's own
13ad valorem tax arising from levies on taxable real property be
14included in the determination of incremental revenue in the
15manner provided in paragraph (b) of Section 11-74.6-40.
16    (c) If a municipality has adopted tax increment allocation
17financing for a redevelopment project area by ordinance and the
18county clerk thereafter certifies the total initial equalized
19assessed value or the total updated initial equalized assessed
20value of the taxable real property within such redevelopment
21project area in the manner provided in paragraph (a) or (b) of
22Section 11-74.6-40, each year after the date of the
23certification of the total initial equalized assessed value or
24the total updated initial equalized assessed value until
25redevelopment project costs and all municipal obligations
26financing redevelopment project costs have been paid, the ad

 

 

SB0231 Engrossed- 137 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 138 -LRB099 03162 NHT 23170 b

1    financing was adopted in the redevelopment project area, or
2    the updated initial equalized assessed value of each parcel
3    if the updated initial equalized assessed value of that
4    parcel has been certified in accordance with Section
5    11-74.6-40, shall be allocated to and when collected shall
6    be paid to the municipal treasurer, who shall deposit those
7    taxes into a special fund called the special tax allocation
8    fund of the municipality for the purpose of paying
9    redevelopment project costs and obligations incurred in
10    the payment thereof.
11    (d) The municipality may pledge in the ordinance the funds
12in and to be deposited in the special tax allocation fund for
13the payment of redevelopment project costs and obligations. No
14part of the current equalized assessed value of each property
15in the redevelopment project area attributable to any increase
16above the total initial equalized assessed value or the total
17initial updated equalized assessed value of the property, shall
18be used in calculating the general General State aid formula
19School Aid Formula, provided for in Section 18-8 of the School
20Code, or the primary State aid formula, provided for in Section
2118-8.15 of the School Code, until all redevelopment project
22costs have been paid as provided for in this Section.
23    Whenever a municipality issues bonds for the purpose of
24financing redevelopment project costs, that municipality may
25provide by ordinance for the appointment of a trustee, which
26may be any trust company within the State, and for the

 

 

SB0231 Engrossed- 139 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 140 -LRB099 03162 NHT 23170 b

1county collector who shall immediately distribute that payment
2to the taxing districts in the redevelopment project area in
3the same manner and proportion as the most recent distribution
4by the county collector to the affected districts of real
5property taxes from real property situated in the redevelopment
6project area.
7    Upon the payment of all redevelopment project costs,
8retirement of obligations and the distribution of any excess
9moneys under this Section, the municipality shall adopt an
10ordinance dissolving the special tax allocation fund for the
11redevelopment project area and terminating the designation of
12the redevelopment project area as a redevelopment project area.
13Thereafter the tax levies of taxing districts shall be
14extended, collected and distributed in the same manner
15applicable before the adoption of tax increment allocation
16financing. Municipality shall notify affected taxing districts
17prior to November if the redevelopment project area is to be
18terminated by December 31 of that same year.
19    Nothing in this Section shall be construed as relieving
20property in a redevelopment project area from being assessed as
21provided in the Property Tax Code or as relieving owners of
22that property from paying a uniform rate of taxes, as required
23by Section 4 of Article IX of the Illinois Constitution.
24(Source: P.A. 91-474, eff. 11-1-99.)
 
25    Section 940. The Economic Development Project Area Tax

 

 

SB0231 Engrossed- 141 -LRB099 03162 NHT 23170 b

1Increment Allocation Act of 1995 is amended by changing Section
250 as follows:
 
3    (65 ILCS 110/50)
4    Sec. 50. Special tax allocation fund.
5    (a) If a county clerk has certified the "total initial
6equalized assessed value" of the taxable real property within
7an economic development project area in the manner provided in
8Section 45, each year after the date of the certification by
9the county clerk of the "total initial equalized assessed
10value", until economic development project costs and all
11municipal obligations financing economic development project
12costs have been paid, the ad valorem taxes, if any, arising
13from the levies upon the taxable real property in the economic
14development project area by taxing districts and tax rates
15determined in the manner provided in subsection (b) of Section
1645 shall be divided as follows:
17        (1) That portion of the taxes levied upon each taxable
18    lot, block, tract, or parcel of real property that is
19    attributable to the lower of the current equalized assessed
20    value or the initial equalized assessed value of each
21    taxable lot, block, tract, or parcel of real property
22    existing at the time tax increment financing was adopted
23    shall be allocated to (and when collected shall be paid by
24    the county collector to) the respective affected taxing
25    districts in the manner required by law in the absence of

 

 

SB0231 Engrossed- 142 -LRB099 03162 NHT 23170 b

1    the adoption of tax increment allocation financing.
2        (2) That portion, if any, of the taxes that is
3    attributable to the increase in the current equalized
4    assessed valuation of each taxable lot, block, tract, or
5    parcel of real property in the economic development project
6    area, over and above the initial equalized assessed value
7    of each property existing at the time tax increment
8    financing was adopted, shall be allocated to (and when
9    collected shall be paid to) the municipal treasurer, who
10    shall deposit the taxes into a special fund (called the
11    special tax allocation fund of the municipality) for the
12    purpose of paying economic development project costs and
13    obligations incurred in the payment of those costs.
14    (b) The municipality, by an ordinance adopting tax
15increment allocation financing, may pledge the monies in and to
16be deposited into the special tax allocation fund for the
17payment of obligations issued under this Act and for the
18payment of economic development project costs. No part of the
19current equalized assessed valuation of each property in the
20economic development project area attributable to any increase
21above the total initial equalized assessed value of those
22properties shall be used in calculating the general State
23school aid formula under Section 18-8 of the School Code or the
24primary State aid formula under Section 18-8.15 of the School
25Code, until all economic development projects costs have been
26paid as provided for in this Section.

 

 

SB0231 Engrossed- 143 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 144 -LRB099 03162 NHT 23170 b

1assessed as provided in the Property Tax Code or as relieving
2owners or lessees of that property from paying a uniform rate
3of taxes as required by Section 4 of Article IX of the Illinois
4Constitution.
5(Source: P.A. 98-463, eff. 8-16-13.)
 
6    Section 945. The School Code is amended by changing
7Sections 1A-8, 1B-5, 1B-6, 1B-7, 1B-8, 1C-1, 1C-2, 1D-1, 1E-20,
81F-20, 1F-62, 1H-20, 1H-70, 2-3.28, 2-3.33, 2-3.51.5, 2-3.66,
92-3.66b, 2-3.84, 2-3.109a, 3-14.21, 7-14A, 10-17a, 10-19,
1010-22.5a, 10-22.20, 10-29, 11E-135, 13A-8, 13B-20.20, 13B-45,
1113B-50, 13B-50.10, 13B-50.15, 14-7.02, 14-7.02b, 14-7.03,
1214-13.01, 14C-1, 14C-12, 17-1, 17-1.2, 17-1.5, 17-2.11, 17-2A,
1318-4.3, 18-8.05, 18-8.10, 18-9, 18-12, 26-16, 27-8.1, 27A-9,
1427A-11, 29-5, 34-2.3, 34-8.4, 34-18, 34-18.30, 34-43.1, and
1534-53 and by adding Sections 17-3.6 and 18-8.15 as follows:
 
16    (105 ILCS 5/1A-8)  (from Ch. 122, par. 1A-8)
17    Sec. 1A-8. Powers of the Board in Assisting Districts
18Deemed in Financial Difficulties. To promote the financial
19integrity of school districts, the State Board of Education
20shall be provided the necessary powers to promote sound
21financial management and continue operation of the public
22schools.
23    (a) The State Superintendent of Education may require a
24school district, including any district subject to Article 34A

 

 

SB0231 Engrossed- 145 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 146 -LRB099 03162 NHT 23170 b

1    for wages as permitted in Sections 8-16, 32-7.2 and 34-76
2    of this Code.
3        (2) The district has issued tax anticipation warrants
4    or tax anticipation notes in anticipation of a second
5    year's taxes when warrants or notes in anticipation of
6    current year taxes are still outstanding, as authorized by
7    Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has
8    issued short-term debt against 2 future revenue sources,
9    such as, but not limited to, tax anticipation warrants and
10    general State aid or primary State aid Aid certificates or
11    tax anticipation warrants and revenue anticipation notes.
12        (3) The district has for 2 consecutive years shown an
13    excess of expenditures and other financing uses over
14    revenues and other financing sources and beginning fund
15    balances on its annual financial report for the aggregate
16    totals of the Educational, Operations and Maintenance,
17    Transportation, and Working Cash Funds.
18        (4) The district refuses to provide financial
19    information or cooperate with the State Superintendent in
20    an investigation of the district's financial condition.
21        (5) The district is likely to fail to fully meet any
22    regularly scheduled, payroll-period obligations when due
23    or any debt service payments when due or both.
24    No school district shall be certified by the State Board of
25Education to be in financial difficulty solely by reason of any
26of the above circumstances arising as a result of (i) the

 

 

SB0231 Engrossed- 147 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 148 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 149 -LRB099 03162 NHT 23170 b

1in the profile scores to reflect the financial effects of the
2inability or refusal of the State of Illinois to make timely
3disbursements of any general State aid, primary State aid, or
4mandated categorical aid payments due school districts or to
5fully reimburse school districts for mandated categorical
6programs pursuant to reimbursement formulas provided in this
7School Code.
8(Source: P.A. 96-668, eff. 8-25-09; 96-1423, eff. 8-3-10;
997-429, eff. 8-16-11.)
 
10    (105 ILCS 5/1B-5)  (from Ch. 122, par. 1B-5)
11    Sec. 1B-5. When a petition for emergency financial
12assistance for a school district is allowed by the State Board
13under Section 1B-4, the State Superintendent shall within 10
14days thereafter appoint 3 members to serve at the State
15Superintendent's pleasure on a Financial Oversight Panel for
16the district. The State Superintendent shall designate one of
17the members of the Panel to serve as its Chairman. In the event
18of vacancy or resignation the State Superintendent shall
19appoint a successor within 10 days of receiving notice thereof.
20    Members of the Panel shall be selected primarily on the
21basis of their experience and education in financial
22management, with consideration given to persons knowledgeable
23in education finance. A member of the Panel may not be a board
24member or employee of the district for which the Panel is
25constituted, nor may a member have a direct financial interest

 

 

SB0231 Engrossed- 150 -LRB099 03162 NHT 23170 b

1in that district.
2    Panel members shall serve without compensation, but may be
3reimbursed for travel and other necessary expenses incurred in
4the performance of their official duties by the State Board.
5The amount reimbursed Panel members for their expenses shall be
6charged to the school district as part of any emergency
7financial assistance and incorporated as a part of the terms
8and conditions for repayment of such assistance or shall be
9deducted from the district's general State aid or primary State
10aid as provided in Section 1B-8.
11    The first meeting of the Panel shall be held at the call of
12the Chairman. The Panel may elect such other officers as it
13deems appropriate. The Panel shall prescribe the times and
14places for its meetings and the manner in which regular and
15special meetings may be called, and shall comply with the Open
16Meetings Act.
17    Two members of the Panel shall constitute a quorum, and the
18affirmative vote of 2 members shall be necessary for any
19decision or action to be taken by the Panel.
20    The Panel and the State Superintendent shall cooperate with
21each other in the exercise of their respective powers. The
22Panel shall report not later than September 1 annually to the
23State Board and the State Superintendent with respect to its
24activities and the condition of the school district for the
25previous fiscal year.
26    Any Financial Oversight Panel established under this

 

 

SB0231 Engrossed- 151 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 152 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 153 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 154 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 155 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 156 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 157 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 158 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 159 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 160 -LRB099 03162 NHT 23170 b

1emergency financial assistance loan to the Panel or district
2shall not be considered part of the calculation of a district's
3debt for purposes of the limitation specified in Section 19-1
4of this Code. Default on repayment is subject to the Illinois
5Grant Funds Recovery Act. When moneys are repaid as provided
6herein they shall not be made available to the local board for
7further use as emergency financial assistance under this
8Article at any time thereafter. All repayments required to be
9made by a school district shall be received by the State Board
10and deposited in the School District Emergency Financial
11Assistance Fund.
12    In establishing the terms and conditions for the repayment
13obligation of the school district the Panel shall annually
14determine whether a separate local property tax levy is
15required. The board of any school district with a tax rate for
16educational purposes for the prior year of less than 120% of
17the maximum rate for educational purposes authorized by Section
1817-2 shall provide for a separate tax levy for emergency
19financial assistance repayment purposes. Such tax levy shall
20not be subject to referendum approval. The amount of the levy
21shall be equal to the amount necessary to meet the annual
22repayment obligations of the district as established by the
23Panel, or 20% of the amount levied for educational purposes for
24the prior year, whichever is less. However, no district shall
25be required to levy the tax if the district's operating tax
26rate as determined under Section 18-8, or 18-8.05, or 18-8.15

 

 

SB0231 Engrossed- 161 -LRB099 03162 NHT 23170 b

1exceeds 200% of the district's tax rate for educational
2purposes for the prior year.
3(Source: P.A. 97-429, eff. 8-16-11.)
 
4    (105 ILCS 5/1C-1)
5    Sec. 1C-1. Purpose. The purpose of this Article is to
6permit greater flexibility and efficiency in the distribution
7and use of certain State funds available to local education
8agencies for the improvement of the quality of educational
9services pursuant to locally established priorities.
10    Through fiscal year 2016, this This Article does not apply
11to school districts having a population in excess of 500,000
12inhabitants.
13(Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95;
1489-397, eff. 8-20-95; 89-626, eff. 8-9-96.)
 
15    (105 ILCS 5/1C-2)
16    Sec. 1C-2. Block grants.
17    (a) For fiscal year 1999, and each fiscal year thereafter,
18the State Board of Education shall award to school districts
19block grants as described in subsection (c). The State Board of
20Education may adopt rules and regulations necessary to
21implement this Section. In accordance with Section 2-3.32, all
22state block grants are subject to an audit. Therefore, block
23grant receipts and block grant expenditures shall be recorded
24to the appropriate fund code.

 

 

SB0231 Engrossed- 162 -LRB099 03162 NHT 23170 b

1    (b) (Blank).
2    (c) An Early Childhood Education Block Grant shall be
3created by combining the following programs: Preschool
4Education, Parental Training and Prevention Initiative. These
5funds shall be distributed to school districts and other
6entities on a competitive basis, except that the State Board of
7Education shall award to a school district having a population
8exceeding 500,000 inhabitants 37% of the funds in each fiscal
9year. Not less than 14% of this grant shall be used to fund
10programs for children ages 0-3, which percentage shall increase
11to at least 20% by Fiscal Year 2016. However, if, in a given
12fiscal year, the amount appropriated for the Early Childhood
13Education Block Grant is insufficient to increase the
14percentage of the grant to fund programs for children ages 0-3
15without reducing the amount of the grant for existing providers
16of preschool education programs, then the percentage of the
17grant to fund programs for children ages 0-3 may be held steady
18instead of increased.
19(Source: P.A. 98-645, eff. 7-1-14.)
 
20    (105 ILCS 5/1D-1)
21    Sec. 1D-1. Block grant funding.
22    (a) For fiscal year 1996 through fiscal year 2016 and each
23fiscal year thereafter, the State Board of Education shall
24award to a school district having a population exceeding
25500,000 inhabitants a general education block grant and an

 

 

SB0231 Engrossed- 163 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 164 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 165 -LRB099 03162 NHT 23170 b

1    (d) For fiscal year 1996 through fiscal year 2016 and each
2fiscal year thereafter, the amount of the district's block
3grants shall be determined as follows: (i) with respect to each
4program that is included within each block grant, the district
5shall receive an amount equal to the same percentage of the
6current fiscal year appropriation made for that program as the
7percentage of the appropriation received by the district from
8the 1995 fiscal year appropriation made for that program, and
9(ii) the total amount that is due the district under the block
10grant shall be the aggregate of the amounts that the district
11is entitled to receive for the fiscal year with respect to each
12program that is included within the block grant that the State
13Board of Education shall award the district under this Section
14for that fiscal year. In the case of the Summer Bridges
15program, the amount of the district's block grant shall be
16equal to 44% of the amount of the current fiscal year
17appropriation made for that program.
18    (e) The district is not required to file any application or
19other claim in order to receive the block grants to which it is
20entitled under this Section. The State Board of Education shall
21make payments to the district of amounts due under the
22district's block grants on a schedule determined by the State
23Board of Education.
24    (f) A school district to which this Section applies shall
25report to the State Board of Education on its use of the block
26grants in such form and detail as the State Board of Education

 

 

SB0231 Engrossed- 166 -LRB099 03162 NHT 23170 b

1may specify. In addition, the report must include the following
2description for the district, which must also be reported to
3the General Assembly: block grant allocation and expenditures
4by program; population and service levels by program; and
5administrative expenditures by program. The State Board of
6Education shall ensure that the reporting requirements for the
7district are the same as for all other school districts in this
8State.
9    (g) Through fiscal year 2016, this This paragraph provides
10for the treatment of block grants under Article 1C for purposes
11of calculating the amount of block grants for a district under
12this Section. Those block grants under Article 1C are, for this
13purpose, treated as included in the amount of appropriation for
14the various programs set forth in paragraph (b) above. The
15appropriation in each current fiscal year for each block grant
16under Article 1C shall be treated for these purposes as
17appropriations for the individual program included in that
18block grant. The proportion of each block grant so allocated to
19each such program included in it shall be the proportion which
20the appropriation for that program was of all appropriations
21for such purposes now in that block grant, in fiscal 1995.
22    Payments to the school district under this Section with
23respect to each program for which payments to school districts
24generally, as of the date of this amendatory Act of the 92nd
25General Assembly, are on a reimbursement basis shall continue
26to be made to the district on a reimbursement basis, pursuant

 

 

SB0231 Engrossed- 167 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 168 -LRB099 03162 NHT 23170 b

1classification under this subsection (h) by a district shall
2affect the total amount or timing of money the district is
3entitled to receive under this Code. No classification under
4this subsection (h) by a district shall in any way relieve the
5district from or affect any requirements that otherwise would
6apply with respect to the block grant as provided in this
7Section, including any accounting of funds by source, reporting
8expenditures by original source and purpose, reporting
9requirements, or requirements of provision of services.
10(Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11;
1197-813, eff. 7-13-12.)
 
12    (105 ILCS 5/1E-20)
13    (This Section scheduled to be repealed in accordance with
14105 ILCS 5/1E-165)
15    Sec. 1E-20. Members of Authority; meetings.
16    (a) When a petition for a School Finance Authority is
17allowed by the State Board under Section 1E-15 of this Code,
18the State Superintendent shall within 10 days thereafter
19appoint 5 members to serve on a School Finance Authority for
20the district. Of the initial members, 2 shall be appointed to
21serve a term of 2 years and 3 shall be appointed to serve a term
22of 3 years. Thereafter, each member shall serve for a term of 3
23years and until his or her successor has been appointed. The
24State Superintendent shall designate one of the members of the
25Authority to serve as its Chairperson. In the event of vacancy

 

 

SB0231 Engrossed- 169 -LRB099 03162 NHT 23170 b

1or resignation, the State Superintendent shall, within 10 days
2after receiving notice, appoint a successor to serve out that
3member's term. The State Superintendent may remove a member for
4incompetence, malfeasance, neglect of duty, or other just
5cause.
6    Members of the Authority shall be selected primarily on the
7basis of their experience and education in financial
8management, with consideration given to persons knowledgeable
9in education finance. Two members of the Authority shall be
10residents of the school district that the Authority serves. A
11member of the Authority may not be a member of the district's
12school board or an employee of the district nor may a member
13have a direct financial interest in the district.
14    Authority members shall serve without compensation, but
15may be reimbursed by the State Board for travel and other
16necessary expenses incurred in the performance of their
17official duties. Unless paid from bonds issued under Section
181E-65 of this Code, the amount reimbursed members for their
19expenses shall be charged to the school district as part of any
20emergency financial assistance and incorporated as a part of
21the terms and conditions for repayment of the assistance or
22shall be deducted from the district's general State aid or
23primary State aid as provided in Section 1B-8 of this Code.
24    The Authority may elect such officers as it deems
25appropriate.
26    (b) The first meeting of the Authority shall be held at the

 

 

SB0231 Engrossed- 170 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 171 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 172 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 173 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 174 -LRB099 03162 NHT 23170 b

1exceed $1,000 times the number of such pupils. A district may
2receive both a loan and a grant.
3    (c) The payment of a State emergency financial assistance
4grant or loan shall be subject to appropriation by the General
5Assembly. State emergency financial assistance allocated and
6paid to a School Finance Authority under this Article may be
7applied to any fund or funds from which the School Finance
8Authority is authorized to make expenditures by law.
9    (d) Any State emergency financial assistance proposed by
10the School Finance Authority and approved by the State
11Superintendent may be paid in its entirety during the initial
12year of the School Finance Authority's existence or spread in
13equal or declining amounts over a period of years not to exceed
14the period of the School Finance Authority's existence. The
15State Superintendent shall not approve any loan to the School
16Finance Authority unless the School Finance Authority has been
17unable to borrow sufficient funds to operate the district.
18    All loan payments made from the School District Emergency
19Financial Assistance Fund to a School Finance Authority shall
20be required to be repaid not later than the date the School
21Finance Authority ceases to exist, with simple interest over
22the term of the loan at a rate equal to 50% of the one-year
23Constant Maturity Treasury (CMT) yield as last published by the
24Board of Governors of the Federal Reserve System before the
25date on which the School Finance Authority's loan is approved
26by the State Board.

 

 

SB0231 Engrossed- 175 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 176 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 177 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 178 -LRB099 03162 NHT 23170 b

1as a district to do the following:
2        (1) issue tax anticipation warrants under the
3    provisions of Section 17-16 of this Code against taxes
4    levied by either the school board or the Panel pursuant to
5    Section 1H-25 of this Code;
6        (2) issue tax anticipation notes under the provisions
7    of the Tax Anticipation Note Act against taxes levied by
8    either the school board or the Panel pursuant to Section
9    1H-25 of this Code;
10        (3) issue revenue anticipation certificates or notes
11    under the provisions of the Revenue Anticipation Act;
12        (4) issue general State aid or primary State aid
13    anticipation certificates under the provisions of Section
14    18-18 of this Code; and
15        (5) establish and utilize lines of credit under the
16    provisions of Section 17-17 of this Code.
17    Tax anticipation warrants, tax anticipation notes, revenue
18anticipation certificates or notes, general State aid or
19primary State aid anticipation certificates, and lines of
20credit are considered borrowing from sources other than the
21State and are subject to Section 1H-65 of this Code.
22(Source: P.A. 97-429, eff. 8-16-11.)
 
23    (105 ILCS 5/2-3.28)  (from Ch. 122, par. 2-3.28)
24    Sec. 2-3.28. Rules and regulations of budget and accounting
25systems. To prescribe rules and regulations defining what shall

 

 

SB0231 Engrossed- 179 -LRB099 03162 NHT 23170 b

1constitute a budget and accounting system required under this
2Act. The rules and regulations shall prescribe the minimum
3extent of verification, the type of audit, the extent of the
4audit report and shall require compliance with statutory
5requirements and standards and such requirements as the State
6Board of Education deems necessary for an adequate budget and
7accounting system. For the 2018-2019 school year and
8thereafter, the rules and regulations shall prescribe a system
9for accounting for revenues and expenditures at the individual
10school level that includes without limitation the following:
11        (1) accounting for expenditures for school
12    administration, regular instruction, special education
13    instruction, instructional programs for children of
14    limited English-speaking ability, instructional support
15    services, and pupil support services;
16        (2) salary expenditures reflecting actual staff
17    salaries at each school;
18        (3) accounting for operations, including
19    non-instructional pupil services, facilities, and business
20    services; and
21        (4) such other requirements as the State Board of
22    Education deems necessary to provide for a uniform and
23    transparent system of accounting at the school level.
24(Source: P.A. 81-1508.)
 
25    (105 ILCS 5/2-3.33)  (from Ch. 122, par. 2-3.33)

 

 

SB0231 Engrossed- 180 -LRB099 03162 NHT 23170 b

1    Sec. 2-3.33. Recomputation of claims. To recompute within
23 years from the final date for filing of a claim any claim for
3reimbursement to any school district if the claim has been
4found to be incorrect and to adjust subsequent claims
5accordingly, and to recompute and adjust any such claims within
66 years from the final date for filing when there has been an
7adverse court or administrative agency decision on the merits
8affecting the tax revenues of the school district. However, no
9such adjustment shall be made regarding equalized assessed
10valuation unless the district's equalized assessed valuation
11is changed by greater than $250,000 or 2%. Any adjustments for
12claims recomputed for the 2015-2016 school year and prior
13school years shall be applied to the apportionment of primary
14State financial aid in Section 18-8.15 of this Code beginning
15in the 2016-2017 school year and thereafter.
16    Except in the case of an adverse court or administrative
17agency decision, no recomputation of a State aid claim shall be
18made pursuant to this Section as a result of a reduction in the
19assessed valuation of a school district from the assessed
20valuation of the district reported to the State Board of
21Education by the Department of Revenue under Section 18-8.05 or
2218-8.15 of this Code unless the requirements of Section 16-15
23of the Property Tax Code and Section 2-3.84 of this Code are
24complied with in all respects.
25    This paragraph applies to all requests for recomputation of
26a general State aid or primary State aid claim received after

 

 

SB0231 Engrossed- 181 -LRB099 03162 NHT 23170 b

1June 30, 2003. In recomputing a general State aid or primary
2State aid claim that was originally calculated using an
3extension limitation equalized assessed valuation under
4paragraph (3) of subsection (G) of Section 18-8.05 of this Code
5or paragraph (2) of subsection (h) of Section 18-8.15 of this
6Code, a qualifying reduction in equalized assessed valuation
7shall be deducted from the extension limitation equalized
8assessed valuation that was used in calculating the original
9claim.
10    From the total amount of general State aid or primary State
11aid to be provided to districts, adjustments as a result of
12recomputation under this Section together with adjustments
13under Section 2-3.84 must not exceed $25 million, in the
14aggregate for all districts under both Sections combined, of
15the general State aid or primary State aid appropriation in any
16fiscal year; if necessary, amounts shall be prorated among
17districts. If it is necessary to prorate claims under this
18paragraph, then that portion of each prorated claim that is
19approved but not paid in the current fiscal year may be
20resubmitted as a valid claim in the following fiscal year.
21(Source: P.A. 93-845, eff. 7-30-04.)
 
22    (105 ILCS 5/2-3.51.5)
23    Sec. 2-3.51.5. School Safety and Educational Improvement
24Block Grant Program. To improve the level of education and
25safety of students from kindergarten through grade 12 in school

 

 

SB0231 Engrossed- 182 -LRB099 03162 NHT 23170 b

1districts and State-recognized, non-public schools. The State
2Board of Education is authorized to fund a School Safety and
3Educational Improvement Block Grant Program.
4    (1) For school districts, the program shall provide funding
5for school safety, textbooks and software, electronic
6textbooks and the technological equipment necessary to gain
7access to and use electronic textbooks, teacher training and
8curriculum development, school improvements, school report
9cards under Section 10-17a, and criminal history records checks
10under Sections 10-21.9 and 34-18.5. For State-recognized,
11non-public schools, the program shall provide funding for
12secular textbooks and software, criminal history records
13checks, and health and safety mandates to the extent that the
14funds are expended for purely secular purposes. A school
15district or laboratory school as defined in Section 18-8, or
1618-8.05, or 18-8.15 is not required to file an application in
17order to receive the categorical funding to which it is
18entitled under this Section. Funds for the School Safety and
19Educational Improvement Block Grant Program shall be
20distributed to school districts and laboratory schools based on
21the prior year's best 3 months average daily attendance. Funds
22for the School Safety and Educational Improvement Block Grant
23Program shall be distributed to State-recognized, non-public
24schools based on the average daily attendance figure for the
25previous school year provided to the State Board of Education.
26The State Board of Education shall develop an application that

 

 

SB0231 Engrossed- 183 -LRB099 03162 NHT 23170 b

1requires State-recognized, non-public schools to submit
2average daily attendance figures. A State-recognized,
3non-public school must submit the application and average daily
4attendance figure prior to receiving funds under this Section.
5The State Board of Education shall promulgate rules and
6regulations necessary for the implementation of this program.
7    (2) Distribution of moneys to school districts and
8State-recognized, non-public schools shall be made in 2
9semi-annual installments, one payment on or before October 30,
10and one payment prior to April 30, of each fiscal year.
11    (3) Grants under the School Safety and Educational
12Improvement Block Grant Program shall be awarded provided there
13is an appropriation for the program, and funding levels for
14each district shall be prorated according to the amount of the
15appropriation.
16    (4) The provisions of this Section are in the public
17interest, are for the public benefit, and serve secular public
18purposes.
19(Source: P.A. 98-972, eff. 8-15-14.)
 
20    (105 ILCS 5/2-3.66)  (from Ch. 122, par. 2-3.66)
21    Sec. 2-3.66. Truants' alternative and optional education
22programs. To establish projects to offer modified
23instructional programs or other services designed to prevent
24students from dropping out of school, including programs
25pursuant to Section 2-3.41, and to serve as a part time or full

 

 

SB0231 Engrossed- 184 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 185 -LRB099 03162 NHT 23170 b

1in programs established and funded under this Section, but only
2if and to the extent that such day care is necessary to enable
3those eligible students to attend and participate in the
4programs and courses which are conducted pursuant to this
5Section. School districts and regional offices of education may
6claim general State aid under Section 18-8.05 or primary State
7aid under Section 18-8.15 for students enrolled in truants'
8alternative and optional education programs, provided that
9such students are receiving services that are supplemental to a
10program leading to a high school diploma and are otherwise
11eligible to be claimed for general State aid under Section
1218-8.05 or primary State aid under Section 18-8.15, as
13applicable.
14(Source: P.A. 98-718, eff. 1-1-15.)
 
15    (105 ILCS 5/2-3.66b)
16    Sec. 2-3.66b. IHOPE Program.
17    (a) There is established the Illinois Hope and Opportunity
18Pathways through Education (IHOPE) Program. The State Board of
19Education shall implement and administer the IHOPE Program. The
20goal of the IHOPE Program is to develop a comprehensive system
21in this State to re-enroll significant numbers of high school
22dropouts in programs that will enable them to earn their high
23school diploma.
24    (b) The IHOPE Program shall award grants, subject to
25appropriation for this purpose, to educational service regions

 

 

SB0231 Engrossed- 186 -LRB099 03162 NHT 23170 b

1and a school district organized under Article 34 of this Code
2from appropriated funds to assist in establishing
3instructional programs and other services designed to
4re-enroll high school dropouts. From any funds appropriated for
5the IHOPE Program, the State Board of Education may use up to
65% for administrative costs, including the performance of a
7program evaluation and the hiring of staff to implement and
8administer the program.
9    The IHOPE Program shall provide incentive grant funds for
10regional offices of education and a school district organized
11under Article 34 of this Code to develop partnerships with
12school districts, public community colleges, and community
13groups to build comprehensive plans to re-enroll high school
14dropouts in their regions or districts.
15    Programs funded through the IHOPE Program shall allow high
16school dropouts, up to and including age 21 notwithstanding
17Section 26-2 of this Code, to re-enroll in an educational
18program in conformance with rules adopted by the State Board of
19Education. Programs may include without limitation
20comprehensive year-round programming, evening school, summer
21school, community college courses, adult education, vocational
22training, work experience, programs to enhance self-concept,
23and parenting courses. Any student in the IHOPE Program who
24wishes to earn a high school diploma must meet the
25prerequisites to receiving a high school diploma specified in
26Section 27-22 of this Code and any other graduation

 

 

SB0231 Engrossed- 187 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 188 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 189 -LRB099 03162 NHT 23170 b

1attendance pursuant to Section 10-19 of this Code and the
2minimum number of daily hours of school work and any exceptions
3thereto as defined by the State Board of Education in rules.
4    (f) IHOPE categories of programming may include the
5following:
6        (1) Full-time programs that are comprehensive,
7    year-round programs.
8        (2) Part-time programs combining work and study
9    scheduled at various times that are flexible to the needs
10    of students.
11        (3) Online programs and courses in which students take
12    courses and complete on-site, supervised tests that
13    measure the student's mastery of a specific course needed
14    for graduation. Students may take courses online and earn
15    credit or students may prepare to take supervised tests for
16    specific courses for credit leading to receipt of a high
17    school diploma.
18        (4) Dual enrollment in which students attend high
19    school classes in combination with community college
20    classes or students attend community college classes while
21    simultaneously earning high school credit and eventually a
22    high school diploma.
23    (g) In order to have successful comprehensive programs
24re-enrolling and graduating low-skilled high school dropouts,
25programs funded through the IHOPE Program shall include all of
26the following components:

 

 

SB0231 Engrossed- 190 -LRB099 03162 NHT 23170 b

1        (1) Small programs (70 to 100 students) at a separate
2    school site with a distinct identity. Programs may be
3    larger with specific need and justification, keeping in
4    mind that it is crucial to keep programs small to be
5    effective.
6        (2) Specific performance-based goals and outcomes and
7    measures of enrollment, attendance, skills, credits,
8    graduation, and the transition to college, training, and
9    employment.
10        (3) Strong, experienced leadership and teaching staff
11    who are provided with ongoing professional development.
12        (4) Voluntary enrollment.
13        (5) High standards for student learning, integrating
14    work experience, and education, including during the
15    school year and after school, and summer school programs
16    that link internships, work, and learning.
17        (6) Comprehensive programs providing extensive support
18    services.
19        (7) Small teams of students supported by full-time paid
20    mentors who work to retain and help those students
21    graduate.
22        (8) A comprehensive technology learning center with
23    Internet access and broad-based curriculum focusing on
24    academic and career subject areas.
25        (9) Learning opportunities that incorporate action
26    into study.

 

 

SB0231 Engrossed- 191 -LRB099 03162 NHT 23170 b

1    (h) Programs funded through the IHOPE Program must report
2data to the State Board of Education as requested. This
3information shall include, but is not limited to, student
4enrollment figures, attendance information, course completion
5data, graduation information, and post-graduation information,
6as available.
7    (i) Rules must be developed by the State Board of Education
8to set forth the fund distribution process to regional offices
9of education and a school district organized under Article 34
10of this Code, the planning and the conditions upon which an
11IHOPE Plan would be approved by State Board, and other rules to
12develop the IHOPE Program.
13(Source: P.A. 96-106, eff. 7-30-09.)
 
14    (105 ILCS 5/2-3.84)  (from Ch. 122, par. 2-3.84)
15    Sec. 2-3.84. In calculating the amount of State aid to be
16apportioned to the various school districts in this State, the
17State Board of Education shall incorporate and deduct the total
18aggregate adjustments to assessments made by the State Property
19Tax Appeal Board or Cook County Board of Appeals, as reported
20pursuant to Section 16-15 of the Property Tax Code or Section
21129.1 of the Revenue Act of 1939 by the Department of Revenue,
22from the equalized assessed valuation that is otherwise to be
23utilized in the initial calculation.
24    From the total amount of general State aid or primary State
25aid to be provided to districts, adjustments under this Section

 

 

SB0231 Engrossed- 192 -LRB099 03162 NHT 23170 b

1together with adjustments as a result of recomputation under
2Section 2-3.33 must not exceed $25 million, in the aggregate
3for all districts under both Sections combined, of the general
4State aid or primary State aid appropriation in any fiscal
5year; if necessary, amounts shall be prorated among districts.
6If it is necessary to prorate claims under this paragraph, then
7that portion of each prorated claim that is approved but not
8paid in the current fiscal year may be resubmitted as a valid
9claim in the following fiscal year.
10(Source: P.A. 93-845, eff. 7-30-04.)
 
11    (105 ILCS 5/2-3.109a)
12    Sec. 2-3.109a. Laboratory schools grant eligibility. A
13laboratory school as defined in Section 18-8 or 18-8.15 may
14apply for and be eligible to receive, subject to the same
15restrictions applicable to school districts, any grant
16administered by the State Board of Education that is available
17for school districts.
18(Source: P.A. 90-566, eff. 1-2-98.)
 
19    (105 ILCS 5/3-14.21)  (from Ch. 122, par. 3-14.21)
20    Sec. 3-14.21. Inspection of schools.
21    (a) The regional superintendent shall inspect and survey
22all public schools under his or her supervision and notify the
23board of education, or the trustees of schools in a district
24with trustees, in writing before July 30, whether or not the

 

 

SB0231 Engrossed- 193 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 194 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 195 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 196 -LRB099 03162 NHT 23170 b

1change in its claim for reimbursement under Section 18-8 or
218-8.15 for the school year following the effective date of the
3change in boundaries and the district receiving the territory
4shall count the average daily attendance of pupils living in
5the territory during the year preceding the effective date of
6the boundary change in its claim for reimbursement under
7Section 18-8 or 18-8.15 for the school year following the
8effective date of the change in boundaries. The changes to this
9Section made by this amendatory Act of the 95th General
10Assembly are intended to be retroactive and applicable to any
11annexation taking effect on or after July 1, 2004.
12(Source: P.A. 95-707, eff. 1-11-08.)
 
13    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
14    Sec. 10-17a. State, school district, and school report
15cards.
16    (1) By October 31, 2013 and October 31 of each subsequent
17school year, the State Board of Education, through the State
18Superintendent of Education, shall prepare a State report card,
19school district report cards, and school report cards, and
20shall by the most economic means provide to each school
21district in this State, including special charter districts and
22districts subject to the provisions of Article 34, the report
23cards for the school district and each of its schools.
24    (2) In addition to any information required by federal law,
25the State Superintendent shall determine the indicators and

 

 

SB0231 Engrossed- 197 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 198 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 199 -LRB099 03162 NHT 23170 b

1    than professional development, leaves taken pursuant to
2    the federal Family Medical Leave Act of 1993, long-term
3    disability, or parental leaves, the 3-year average of the
4    percentage of teachers returning to the school from the
5    previous year, the number of different principals at the
6    school in the last 6 years, 2 or more indicators from any
7    school climate survey selected or approved by the State and
8    administered pursuant to Section 2-3.153 of this Code, with
9    the same or similar indicators included on school report
10    cards for all surveys selected or approved by the State
11    pursuant to Section 2-3.153 of this Code, and the combined
12    percentage of teachers rated as proficient or excellent in
13    their most recent evaluation; and
14        (F) a school district's and its individual schools'
15    balanced accountability measure, in accordance with
16    Section 2-3.25a of this Code.
17    The school report card shall also provide information that
18allows for comparing the current outcome, progress, and
19environment data to the State average, to the school data from
20the past 5 years, and to the outcomes, progress, and
21environment of similar schools based on the type of school and
22enrollment of low-income students, special education students,
23and English learners.
24    (3) At the discretion of the State Superintendent, the
25school district report card shall include a subset of the
26information identified in paragraphs (A) through (E) of

 

 

SB0231 Engrossed- 200 -LRB099 03162 NHT 23170 b

1subsection (2) of this Section, as well as information relating
2to the operating expense per pupil and other finances of the
3school district, and the State report card shall include a
4subset of the information identified in paragraphs (A) through
5(E) of subsection (2) of this Section. The school district
6report card shall include the total and per pupil normal cost
7amount the State contributed to the Teachers' Retirement System
8of the State of Illinois in the prior fiscal year for the
9district's employees, which shall be reported to the State
10Board of Education by the Teachers' Retirement System of the
11State of Illinois.
12    (4) Notwithstanding anything to the contrary in this
13Section, in consultation with key education stakeholders, the
14State Superintendent shall at any time have the discretion to
15amend or update any and all metrics on the school, district, or
16State report card.
17    (5) Annually, no more than 30 calendar days after receipt
18of the school district and school report cards from the State
19Superintendent of Education, each school district, including
20special charter districts and districts subject to the
21provisions of Article 34, shall present such report cards at a
22regular school board meeting subject to applicable notice
23requirements, post the report cards on the school district's
24Internet web site, if the district maintains an Internet web
25site, make the report cards available to a newspaper of general
26circulation serving the district, and, upon request, send the

 

 

SB0231 Engrossed- 201 -LRB099 03162 NHT 23170 b

1report cards home to a parent (unless the district does not
2maintain an Internet web site, in which case the report card
3shall be sent home to parents without request). If the district
4posts the report card on its Internet web site, the district
5shall send a written notice home to parents stating (i) that
6the report card is available on the web site, (ii) the address
7of the web site, (iii) that a printed copy of the report card
8will be sent to parents upon request, and (iv) the telephone
9number that parents may call to request a printed copy of the
10report card.
11    (6) Nothing contained in this amendatory Act of the 98th
12General Assembly repeals, supersedes, invalidates, or
13nullifies final decisions in lawsuits pending on the effective
14date of this amendatory Act of the 98th General Assembly in
15Illinois courts involving the interpretation of Public Act
1697-8.
17(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,
18eff. 7-10-15; 99-193, eff. 7-30-15; revised 10-21-15.)
 
19    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
20    Sec. 10-19. Length of school term - experimental programs.
21Each school board shall annually prepare a calendar for the
22school term, specifying the opening and closing dates and
23providing a minimum term of at least 185 days to insure 176
24days of actual pupil attendance, computable under Section
2518-8.05 or 18-8.15, except that for the 1980-1981 school year

 

 

SB0231 Engrossed- 202 -LRB099 03162 NHT 23170 b

1only 175 days of actual pupil attendance shall be required
2because of the closing of schools pursuant to Section 24-2 on
3January 29, 1981 upon the appointment by the President of that
4day as a day of thanksgiving for the freedom of the Americans
5who had been held hostage in Iran. Any days allowed by law for
6teachers' institutes but not used as such or used as parental
7institutes as provided in Section 10-22.18d shall increase the
8minimum term by the school days not so used. Except as provided
9in Section 10-19.1, the board may not extend the school term
10beyond such closing date unless that extension of term is
11necessary to provide the minimum number of computable days. In
12case of such necessary extension school employees shall be paid
13for such additional time on the basis of their regular
14contracts. A school board may specify a closing date earlier
15than that set on the annual calendar when the schools of the
16district have provided the minimum number of computable days
17under this Section. Nothing in this Section prevents the board
18from employing superintendents of schools, principals and
19other nonteaching personnel for a period of 12 months, or in
20the case of superintendents for a period in accordance with
21Section 10-23.8, or prevents the board from employing other
22personnel before or after the regular school term with payment
23of salary proportionate to that received for comparable work
24during the school term.
25    A school board may make such changes in its calendar for
26the school term as may be required by any changes in the legal

 

 

SB0231 Engrossed- 203 -LRB099 03162 NHT 23170 b

1school holidays prescribed in Section 24-2. A school board may
2make changes in its calendar for the school term as may be
3necessary to reflect the utilization of teachers' institute
4days as parental institute days as provided in Section
510-22.18d.
6    The calendar for the school term and any changes must be
7submitted to and approved by the regional superintendent of
8schools before the calendar or changes may take effect.
9    With the prior approval of the State Board of Education and
10subject to review by the State Board of Education every 3
11years, any school board may, by resolution of its board and in
12agreement with affected exclusive collective bargaining
13agents, establish experimental educational programs, including
14but not limited to programs for e-learning days as authorized
15under Section 10-20.56 of this Code, self-directed learning, or
16outside of formal class periods, which programs when so
17approved shall be considered to comply with the requirements of
18this Section as respects numbers of days of actual pupil
19attendance and with the other requirements of this Act as
20respects courses of instruction.
21(Source: P.A. 98-756, eff. 7-16-14; 99-194, eff. 7-30-15.)
 
22    (105 ILCS 5/10-22.5a)  (from Ch. 122, par. 10-22.5a)
23    Sec. 10-22.5a. Attendance by dependents of United States
24military personnel, foreign exchange students, and certain
25nonresident pupils.

 

 

SB0231 Engrossed- 204 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 205 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 206 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 207 -LRB099 03162 NHT 23170 b

1under Section 9-8 of that Code, shall be assumed in its
2entirety from funds appropriated by the State to the Illinois
3Community College Board.
4    (b) The Illinois Community College Board shall establish
5the standards for the courses of instruction reimbursed under
6this Section. The Illinois Community College Board shall
7supervise the administration of the programs. The Illinois
8Community College Board shall determine the cost of instruction
9in accordance with standards established by the Illinois
10Community College Board, including therein other incidental
11costs as herein authorized, which shall serve as the basis of
12State reimbursement in accordance with the provisions of this
13Section. In the approval of programs and the determination of
14the cost of instruction, the Illinois Community College Board
15shall provide for the maximum utilization of federal funds for
16such programs. The Illinois Community College Board shall also
17provide for:
18        (1) the development of an index of need for program
19    planning and for area funding allocations, as defined by
20    the Illinois Community College Board;
21        (2) the method for calculating hours of instruction, as
22    defined by the Illinois Community College Board, claimable
23    for reimbursement and a method to phase in the calculation
24    and for adjusting the calculations in cases where the
25    services of a program are interrupted due to circumstances
26    beyond the control of the program provider;

 

 

SB0231 Engrossed- 208 -LRB099 03162 NHT 23170 b

1        (3) a plan for the reallocation of funds to increase
2    the amount allocated for grants based upon program
3    performance as set forth in subsection (d) below; and
4        (4) the development of standards for determining
5    grants based upon performance as set forth in subsection
6    (d) below and a plan for the phased-in implementation of
7    those standards.
8    For instruction provided by school districts and community
9college districts beginning July 1, 1996 and thereafter,
10reimbursement provided by the Illinois Community College Board
11for classes authorized by this Section shall be provided from
12funds appropriated for the reimbursement criteria set forth in
13subsection (c) below.
14    (c) Upon the annual approval of the Illinois Community
15College Board, reimbursement shall be first provided for
16transportation, child care services, and other special needs of
17the students directly related to instruction and then from the
18funds remaining an amount equal to the product of the total
19credit hours or units of instruction approved by the Illinois
20Community College Board, multiplied by the following:
21        (1) For adult basic education, the maximum
22    reimbursement per credit hour or per unit of instruction
23    shall be equal to (i) through fiscal year 2016, the general
24    state aid per pupil foundation level established in
25    subsection (B) of Section 18-8.05, divided by 60, or (ii)
26    in fiscal year 2017 and thereafter, the foundation level

 

 

SB0231 Engrossed- 209 -LRB099 03162 NHT 23170 b

1    established pursuant to subsection (b) of Section 18-8.15
2    of this Code, divided by 60;
3        (2) The maximum reimbursement per credit hour or per
4    unit of instruction in subparagraph (1) above shall be
5    weighted for students enrolled in classes defined as
6    vocational skills and approved by the Illinois Community
7    College Board by 1.25;
8        (3) The maximum reimbursement per credit hour or per
9    unit of instruction in subparagraph (1) above shall be
10    multiplied by .90 for students enrolled in classes defined
11    as adult secondary education programs and approved by the
12    Illinois Community College Board;
13        (4) (Blank); and
14        (5) Funding for program years after 1999-2000 shall be
15    determined by the Illinois Community College Board.
16    (d) Upon its annual approval, the Illinois Community
17College Board shall provide grants to eligible programs for
18supplemental activities to improve or expand services under the
19Adult Education Act. Eligible programs shall be determined
20based upon performance outcomes of students in the programs as
21set by the Illinois Community College Board.
22    (e) Reimbursement under this Section shall not exceed the
23actual costs of the approved program.
24    If the amount appropriated to the Illinois Community
25College Board for reimbursement under this Section is less than
26the amount required under this Act, the apportionment shall be

 

 

SB0231 Engrossed- 210 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 211 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 212 -LRB099 03162 NHT 23170 b

1who may benefit thereby, including children who require care
2and supervision pending the return of their parent or other
3person in charge of their care from employment or other
4activity requiring absence from the home.
5    The Illinois Community College Board shall pay to the board
6the cost of care in the facilities for any child who is a
7recipient of financial aid under the Illinois Public Aid Code.
8    The board may charge for care of children for whom it
9cannot make claim under the provisions of this Section. The
10charge shall not exceed per capita cost, and to the extent
11feasible, shall be fixed at a level which will permit
12utilization by employed parents of low or moderate income. It
13may also permit any other State or local governmental agency or
14private agency providing care for children to purchase care.
15    After July 1, 1970 when the provisions of Section 10-20.20
16become operative in the district, children in a child-care
17facility shall be transferred to the kindergarten established
18under that Section for such portion of the day as may be
19required for the kindergarten program, and only the prorated
20costs of care and training provided in the Center for the
21remaining period shall be charged to the Illinois Department of
22Human Services or other persons or agencies paying for such
23care.
24    (i) The provisions of this Section shall also apply to
25school districts having a population exceeding 500,000.
26    (j) In addition to claiming reimbursement under this

 

 

SB0231 Engrossed- 213 -LRB099 03162 NHT 23170 b

1Section, a school district may claim general State aid under
2Section 18-8.05 or primary State aid under Section 18-8.15 for
3any student under age 21 who is enrolled in courses accepted
4for graduation from elementary or high school and who otherwise
5meets the requirements of Section 18-8.05 or 18-8.15, as
6applicable.
7(Source: P.A. 98-718, eff. 1-1-15.)
 
8    (105 ILCS 5/10-29)
9    Sec. 10-29. Remote educational programs.
10    (a) For purposes of this Section, "remote educational
11program" means an educational program delivered to students in
12the home or other location outside of a school building that
13meets all of the following criteria:
14        (1) A student may participate in the program only after
15    the school district, pursuant to adopted school board
16    policy, and a person authorized to enroll the student under
17    Section 10-20.12b of this Code determine that a remote
18    educational program will best serve the student's
19    individual learning needs. The adopted school board policy
20    shall include, but not be limited to, all of the following:
21            (A) Criteria for determining that a remote
22        educational program will best serve a student's
23        individual learning needs. The criteria must include
24        consideration of, at a minimum, a student's prior
25        attendance, disciplinary record, and academic history.

 

 

SB0231 Engrossed- 214 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 215 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 216 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 217 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 218 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 219 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 220 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 221 -LRB099 03162 NHT 23170 b

1for general State aid purposes under Section 18-8.05 of this
2Code or primary State aid purposes under Section 18-8.15 of
3this Code.
4    (g) School districts that, pursuant to this Section, adopt
5a policy for a remote educational program must submit to the
6State Board of Education a copy of the policy and any
7amendments thereto, as well as data on student participation in
8a format specified by the State Board of Education. The State
9Board of Education may perform or contract with an outside
10entity to perform an evaluation of remote educational programs
11in this State.
12    (h) The State Board of Education may adopt any rules
13necessary to ensure compliance by remote educational programs
14with the requirements of this Section and other applicable
15legal requirements.
16(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15;
1799-194, eff. 7-30-15; revised 10-9-15.)
 
18    (105 ILCS 5/11E-135)
19    Sec. 11E-135. Incentives. For districts reorganizing under
20this Article and for a district or districts that annex all of
21the territory of one or more entire other school districts in
22accordance with Article 7 of this Code, the following payments
23shall be made from appropriations made for these purposes:
24    (a)(1) For a combined school district, as defined in
25Section 11E-20 of this Code, or for a unit district, as defined

 

 

SB0231 Engrossed- 222 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 223 -LRB099 03162 NHT 23170 b

1of the annexing school district as constituted upon the
2annexation.
3    (3) For 2 or more school districts that annex all of the
4territory of one or more entire other school districts, as
5defined in Article 7 of this Code, for the first year during
6which the change of boundaries attributable to the annexation
7becomes effective for all purposes, as determined under Section
87-9 of this Code, the general State aid and supplemental
9general State aid calculated under Section 18-8.05 of this Code
10or the primary State aid and supplemental grants calculated
11under Section 18-8.15 of this Code, as applicable, shall be
12computed for each annexing district as constituted after the
13annexation and for each annexing and annexed district as
14constituted prior to the annexation; and if the aggregate of
15the general State aid and supplemental general State aid or
16primary State aid and supplemental grants, as applicable, as so
17computed for the annexing districts as constituted after the
18annexation is less than the aggregate of the general State aid
19and supplemental general State aid or primary State aid and
20supplemental grants, as applicable, as so computed for the
21annexing and annexed districts, as constituted prior to the
22annexation, then a supplementary payment equal to the
23difference shall be made and allocated between or among the
24annexing districts, as constituted upon the annexation, for the
25first 4 years of their existence. The total difference payment
26shall be allocated between or among the annexing districts in

 

 

SB0231 Engrossed- 224 -LRB099 03162 NHT 23170 b

1the same ratio as the pupil enrollment from that portion of the
2annexed district or districts that is annexed to each annexing
3district bears to the total pupil enrollment from the entire
4annexed district or districts, as such pupil enrollment is
5determined for the school year last ending prior to the date
6when the change of boundaries attributable to the annexation
7becomes effective for all purposes. The amount of the total
8difference payment and the amount thereof to be allocated to
9the annexing districts shall be computed by the State Board of
10Education on the basis of pupil enrollment and other data that
11shall be certified to the State Board of Education, on forms
12that it shall provide for that purpose, by the regional
13superintendent of schools for each educational service region
14in which the annexing and annexed districts are located.
15    (4) For a school district conversion, as defined in Section
1611E-15 of this Code, or a multi-unit conversion, as defined in
17subsection (b) of Section 11E-30 of this Code, if in their
18first year of existence the newly created elementary districts
19and the newly created high school district, from a school
20district conversion, or the newly created elementary district
21or districts and newly created combined high school - unit
22district, from a multi-unit conversion, qualify for less
23general State aid under Section 18-8.05 of this Code or primary
24State aid under Section 18-8.15 of this Code than would have
25been payable under Section 18-8.05 or 18-8.15, as applicable,
26for that same year to the previously existing districts, then a

 

 

SB0231 Engrossed- 225 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 226 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 227 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 228 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 229 -LRB099 03162 NHT 23170 b

1    elementary opt-in.
2        (E) If the effective date for the elementary opt-in is
3    5 years after the effective date for the optional
4    elementary unit district, the optional elementary unit
5    district is not eligible for any additional incentives due
6    to the elementary opt-in.
7    (6.5) For a school district that annexes territory detached
8from another school district whereby the enrollment of the
9annexing district increases by 90% or more as a result of the
10annexation, for the first year during which the change of
11boundaries attributable to the annexation becomes effective
12for all purposes as determined under Section 7-9 of this Code,
13the general State aid and supplemental general State aid or
14primary State aid and supplemental grants, as applicable,
15calculated under this Section shall be computed for the
16district gaining territory and the district losing territory as
17constituted after the annexation and for the same districts as
18constituted prior to the annexation; and if the aggregate of
19the general State aid and supplemental general State aid or
20primary State aid and supplemental grants, as applicable, as so
21computed for the district gaining territory and the district
22losing territory as constituted after the annexation is less
23than the aggregate of the general State aid and supplemental
24general State aid or primary State aid and supplemental grants,
25as applicable, as so computed for the district gaining
26territory and the district losing territory as constituted

 

 

SB0231 Engrossed- 230 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 231 -LRB099 03162 NHT 23170 b

1(a) must be treated as separate from all other payments made
2pursuant to Section 18-8.05 or 18-8.15 of this Code.
3    (b)(1) After the formation of a combined school district,
4as defined in Section 11E-20 of this Code, or a unit district,
5as defined in Section 11E-25 of this Code, a computation shall
6be made to determine the difference between the salaries
7effective in each of the previously existing districts on June
830, prior to the creation of the new district. For the first 4
9years after the formation of the new district, a supplementary
10State aid reimbursement shall be paid to the new district equal
11to the difference between the sum of the salaries earned by
12each of the certificated members of the new district, while
13employed in one of the previously existing districts during the
14year immediately preceding the formation of the new district,
15and the sum of the salaries those certificated members would
16have been paid during the year immediately prior to the
17formation of the new district if placed on the salary schedule
18of the previously existing district with the highest salary
19schedule.
20    (2) After the territory of one or more school districts is
21annexed by one or more other school districts as defined in
22Article 7 of this Code, a computation shall be made to
23determine the difference between the salaries effective in each
24annexed district and in the annexing district or districts as
25they were each constituted on June 30 preceding the date when
26the change of boundaries attributable to the annexation became

 

 

SB0231 Engrossed- 232 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 233 -LRB099 03162 NHT 23170 b

1elementary unit district, while employed in one of the
2previously existing districts that formed the partial
3elementary unit district, and the sum of the salaries those
4certified members would have been paid if placed on the salary
5schedule of the previously existing district with the highest
6salary schedule. The salary schedules used in the calculation
7shall be those in effect in the previously existing districts
8for the school year prior to the creation of the new partial
9elementary unit district.
10    (5) For an elementary district opt-in, as described in
11subsection (d) of Section 11E-30 of this Code, the salary
12difference incentive shall be computed in accordance with
13paragraph (4) of this subsection (b) as if the opted-in
14elementary district was included in the optional elementary
15unit district at the optional elementary unit district's
16original effective date. If the calculation in this paragraph
17(5) is less than that calculated in paragraph (4) of this
18subsection (b) at the optional elementary unit district's
19original effective date, then no adjustments may be made. If
20the calculation in this paragraph (5) is more than that
21calculated in paragraph (4) of this subsection (b) at the
22optional elementary unit district's original effective date,
23then the excess must be paid as follows:
24        (A) If the effective date for the elementary opt-in is
25    one year after the effective date for the optional
26    elementary unit district, 100% of the calculated excess

 

 

SB0231 Engrossed- 234 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 235 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 236 -LRB099 03162 NHT 23170 b

1this Code. For the first 4 years after the annexation, a
2supplementary State aid reimbursement shall be paid to the
3annexing district equal to the difference between the sum of
4the salaries earned by each of the certificated members of the
5annexing district as constituted after the annexation while
6employed in the district gaining territory or the district
7losing territory during the year immediately preceding the
8annexation and the sum of the salaries those certificated
9members would have been paid during such immediately preceding
10year if placed on the salary schedule of whichever of the
11district gaining territory or district losing territory had the
12highest salary schedule during the immediately preceding year.
13To be eligible for supplementary State aid reimbursement under
14this Section, the intergovernmental agreement to be submitted
15pursuant to Section 7-14A of this Code must show that staff
16members were transferred from the control of the district
17losing territory to the control of the district gaining
18territory in the annexation. The changes to this Section made
19by Public Act 95-707 are intended to be retroactive and
20applicable to any annexation taking effect on or after July 1,
212004. For annexations that are eligible for payments under this
22paragraph (5.10) and that are effective on or after July 1,
232004, but before January 11, 2008 (the effective date of Public
24Act 95-707), the first required yearly payment under this
25paragraph (5.10) shall be paid in the fiscal year of January
2611, 2008 (the effective date of Public Act 95-707). Subsequent

 

 

SB0231 Engrossed- 237 -LRB099 03162 NHT 23170 b

1required yearly payments shall be paid in subsequent fiscal
2years until the payment obligation under this paragraph (5.10)
3is complete.
4    (5.15) After the deactivation of a school facility in
5accordance with Section 10-22.22b of this Code, a computation
6shall be made to determine the difference between the salaries
7effective in the sending school district and each receiving
8school district on June 30 prior to the deactivation of the
9school facility. For the lesser of the first 4 years after the
10deactivation of the school facility or the length of the
11deactivation agreement, including any renewals of the original
12deactivation agreement, a supplementary State aid
13reimbursement shall be paid to each receiving district equal to
14the difference between the sum of the salaries earned by each
15of the certificated members transferred to that receiving
16district as a result of the deactivation while employed in the
17sending district during the year immediately preceding the
18deactivation and the sum of the salaries those certificated
19members would have been paid during the year immediately
20preceding the deactivation if placed on the salary schedule of
21the sending or receiving district with the highest salary
22schedule.
23    (6) The supplementary State aid reimbursement under this
24subsection (b) shall be treated as separate from all other
25payments made pursuant to Section 18-8.05 of this Code. In the
26case of the formation of a new district or cooperative high

 

 

SB0231 Engrossed- 238 -LRB099 03162 NHT 23170 b

1school or a deactivation, reimbursement shall begin during the
2first year of operation of the new district or cooperative high
3school or the first year of the deactivation, and in the case
4of an annexation of the territory of one or more school
5districts by one or more other school districts or the
6annexation of territory detached from a school district whereby
7the enrollment of the annexing district increases by 90% or
8more as a result of the annexation, reimbursement shall begin
9during the first year when the change in boundaries
10attributable to the annexation becomes effective for all
11purposes as determined pursuant to Section 7-9 of this Code,
12except that for an annexation of territory detached from a
13school district that is effective on or after July 1, 2004, but
14before January 11, 2008 (the effective date of Public Act
1595-707), whereby the enrollment of the annexing district
16increases by 90% or more as a result of the annexation,
17reimbursement shall begin during the fiscal year of January 11,
182008 (the effective date of Public Act 95-707). Each year that
19the new, annexing, or receiving district or cooperative high
20school, as the case may be, is entitled to receive
21reimbursement, the number of eligible certified members who are
22employed on October 1 in the district or cooperative high
23school shall be certified to the State Board of Education on
24prescribed forms by October 15 and payment shall be made on or
25before November 15 of that year.
26    (c)(1) For the first year after the formation of a combined

 

 

SB0231 Engrossed- 239 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 240 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 241 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 242 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 243 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 244 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 245 -LRB099 03162 NHT 23170 b

1    opt-in.
2        (E) If the effective date for the elementary opt-in is
3    5 years after the effective date for the optional
4    elementary unit district, the optional elementary unit
5    district is not eligible for any additional incentives due
6    to the elementary opt-in.
7    (6.5) For the first year after the annexation of territory
8detached from another school district whereby the enrollment of
9the annexing district increases by 90% or more as a result of
10the annexation, a computation shall be made totaling the
11audited fund balances of the district gaining territory and the
12audited fund balances of the district losing territory in the
13educational fund, working cash fund, operations and
14maintenance fund, and transportation fund for the year ending
15June 30 prior to the date that the change of boundaries
16attributable to the annexation is allowed by the affirmative
17decision of the regional board of school trustees under Section
187-6 of this Code, notwithstanding any action for administrative
19review of the decision. The annexing district as constituted
20after the annexation shall be paid supplementary State aid
21equal to the difference between the deficit of whichever
22district included in this calculation as constituted prior to
23the annexation had the smallest deficit and the deficit of each
24other district included in this calculation as constituted
25prior to the annexation, multiplied by the ratio of equalized
26assessed value of the territory detached to the total equalized

 

 

SB0231 Engrossed- 246 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 247 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 248 -LRB099 03162 NHT 23170 b

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

 

 

 

SB0231 Engrossed- 249 -LRB099 03162 NHT 23170 b

1full-time basis for the regular term of the school year:
 
2Reorganized District's RankReorganized District's Rank
3by type of district (unit,in Average Daily Attendance
4high school, elementary)By Quintile
5in Equalized Assessed Value
6Per Pupil by Quintile
73rd, 4th,
81st2ndor 5th
9QuintileQuintileQuintile
10    1st Quintile1 year1 year1 year
11    2nd Quintile1 year2 years2 years
12    3rd Quintile2 years3 years3 years
13    4th Quintile2 years3 years3 years
14    5th Quintile2 years3 years3 years
15The State Board of Education shall make a one-time calculation
16of a reorganized district's quintile ranks. The average daily
17attendance used in this calculation shall be the best 3 months'
18average daily attendance for the district's first year. The
19equalized assessed value per pupil shall be the district's real
20property equalized assessed value used in calculating the
21district's first-year general State aid claim, under Section
2218-8.05 of this Code, or first-year primary State aid claim,
23under Section 18-8.15 of this Code, as applicable, divided by
24the best 3 months' average daily attendance.

 

 

SB0231 Engrossed- 250 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 251 -LRB099 03162 NHT 23170 b

1    elementary opt-in.
2        (B) If the effective date for the elementary opt-in is
3    2 years after the effective date for the optional
4    elementary unit district, 75% of the amount calculated in
5    this paragraph (2) shall be paid to the optional elementary
6    unit district for the number of years calculated in
7    paragraph (1) of this subsection (d) at the optional
8    elementary unit district's original effective date,
9    starting in the second year after the effective date of the
10    elementary opt-in.
11        (C) If the effective date for the elementary opt-in is
12    3 years after the effective date for the optional
13    elementary unit district, 50% of the amount calculated in
14    this paragraph (2) shall be paid to the optional elementary
15    unit district for the number of years calculated in
16    paragraph (1) of this subsection (d) at the optional
17    elementary unit district's original effective date,
18    starting in the second year after the effective date of the
19    elementary opt-in.
20        (D) If the effective date for the elementary opt-in is
21    4 years after the effective date for the optional
22    elementary unit district, 25% of the amount calculated in
23    this paragraph (2) shall be paid to the optional elementary
24    unit district for the number of years calculated in
25    paragraph (1) of this subsection (d) at the optional
26    elementary unit district's original effective date,

 

 

SB0231 Engrossed- 252 -LRB099 03162 NHT 23170 b

1    starting in the second year after the effective date of the
2    elementary opt-in.
3        (E) If the effective date for the elementary opt-in is
4    5 years after the effective date for the optional
5    elementary unit district, the optional elementary unit
6    district is not eligible for any additional incentives due
7    to the elementary opt-in.
8    (2.5) Following the formation of a cooperative high school
9by 2 or more school districts under Section 10-22.22c of this
10Code, a supplementary State aid reimbursement shall be paid for
113 school years to the cooperative high school equal to the sum
12of $4,000 for each certified employee who is employed by the
13cooperative high school on a full-time basis for the regular
14term of any such school year. If a cooperative high school
15results from multiple agreements that would otherwise qualify
16the cooperative high school for multiple payments under this
17Section in any year, the cooperative high school shall receive
18a single payment for that year based solely on the most recent
19agreement.
20    (2.10) Following the annexation of territory detached from
21another school district whereby the enrollment of the annexing
22district increases 90% or more as a result of the annexation, a
23supplementary State aid reimbursement shall be paid to the
24annexing district equal to the sum of $4,000 for each certified
25employee who is employed by the annexing district on a
26full-time basis and shall be calculated in accordance with

 

 

SB0231 Engrossed- 253 -LRB099 03162 NHT 23170 b

1subsection (a) of this Section. To be eligible for
2supplementary State aid reimbursement under this Section, the
3intergovernmental agreement to be submitted pursuant to
4Section 7-14A of this Code must show that certified staff
5members were transferred from the control of the district
6losing territory to the control of the district gaining
7territory in the annexation. The changes to this Section made
8by Public Act 95-707 are intended to be retroactive and
9applicable to any annexation taking effect on or after July 1,
102004. For annexations that are eligible for payments under this
11paragraph (2.10) and that are effective on or after July 1,
122004, but before January 11, 2008 (the effective date of Public
13Act 95-707), the first required yearly payment under this
14paragraph (2.10) shall be paid in the second fiscal year after
15January 11, 2008 (the effective date of Public Act 95-707). Any
16subsequent required yearly payments shall be paid in subsequent
17fiscal years until the payment obligation under this paragraph
18(2.10) is complete.
19    (2.15) Following the deactivation of a school facility in
20accordance with Section 10-22.22b of this Code, a supplementary
21State aid reimbursement shall be paid for the lesser of 3
22school years or the length of the deactivation agreement,
23including any renewals of the original deactivation agreement,
24to each receiving school district equal to the sum of $4,000
25for each certified employee who is employed by that receiving
26district on a full-time basis for the regular term of any such

 

 

SB0231 Engrossed- 254 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 255 -LRB099 03162 NHT 23170 b

1aid reimbursement to which a school district or cooperative
2high school is entitled under this subsection (d), the State
3Comptroller shall draw his or her warrant upon the State
4Treasurer for the payment thereof to the school district or
5cooperative high school and shall promptly transmit the payment
6to the school district or cooperative high school through the
7appropriate school treasurer.
8(Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08;
995-903, eff. 8-25-08; 96-328, eff. 8-11-09.)
 
10    (105 ILCS 5/13A-8)
11    Sec. 13A-8. Funding.
12    (a) The State of Illinois shall provide funding for the
13alternative school programs within each educational service
14region and within the Chicago public school system by line item
15appropriation made to the State Board of Education for that
16purpose. This money, when appropriated, shall be provided to
17the regional superintendent and to the Chicago Board of
18Education, who shall establish a budget, including salaries,
19for their alternative school programs. Each program shall
20receive funding in the amount of $30,000 plus an amount based
21on the ratio of the region's or Chicago's best 3 months'
22average daily attendance in grades pre-kindergarten through 12
23to the statewide totals of these amounts. For purposes of this
24calculation, the best 3 months' average daily attendance for
25each region or Chicago shall be calculated by adding to the

 

 

SB0231 Engrossed- 256 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 257 -LRB099 03162 NHT 23170 b

1insufficient for that purpose, those supplementary payments
2shall be prorated among the alternative school programs
3entitled to receive those supplementary payments according to
4the aggregate amount of the appropriation made for purposes of
5this subsection (a-5).
6    (b) An alternative school program shall be entitled to
7receive general State aid as calculated in subsection (K) of
8Section 18-8.05 or primary State aid as calculated in
9subsection (i) of Section 18-8.15 upon filing a claim as
10provided therein. Any time that a student who is enrolled in an
11alternative school program spends in work-based learning,
12community service, or a similar alternative educational
13setting shall be included in determining the student's minimum
14number of clock hours of daily school work that constitute a
15day of attendance for purposes of calculating general State aid
16or primary State aid.
17    (c) An alternative school program may receive additional
18funding from its school districts in such amount as may be
19agreed upon by the parties and necessary to support the
20program. In addition, an alternative school program is
21authorized to accept and expend gifts, legacies, and grants,
22including but not limited to federal grants, from any source
23for purposes directly related to the conduct and operation of
24the program.
25(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
2689-636, eff. 8-9-96; 90-14, eff. 7-1-97; 90-283, eff. 7-31-97;

 

 

SB0231 Engrossed- 258 -LRB099 03162 NHT 23170 b

190-802, eff. 12-15-98.)
 
2    (105 ILCS 5/13B-20.20)
3    Sec. 13B-20.20. Enrollment in other programs. High school
4equivalency testing preparation programs are not eligible for
5funding under this Article. A student may enroll in a program
6approved under Section 18-8.05 or 18-8.15 of this Code, as
7appropriate, or attend both the alternative learning
8opportunities program and the regular school program to enhance
9student performance and facilitate on-time graduation.
10(Source: P.A. 98-718, eff. 1-1-15.)
 
11    (105 ILCS 5/13B-45)
12    Sec. 13B-45. Days and hours of attendance. An alternative
13learning opportunities program shall provide students with at
14least the minimum number of days of pupil attendance required
15under Section 10-19 of this Code and the minimum number of
16daily hours of school work required under Section 18-8.05 or
1718-8.15 of this Code, provided that the State Board may approve
18exceptions to these requirements if the program meets all of
19the following conditions:
20        (1) The district plan submitted under Section
21    13B-25.15 of this Code establishes that a program providing
22    the required minimum number of days of attendance or daily
23    hours of school work would not serve the needs of the
24    program's students.

 

 

SB0231 Engrossed- 259 -LRB099 03162 NHT 23170 b

1        (2) Each day of attendance shall provide no fewer than
2    3 clock hours of school work, as defined under paragraph
3    (1) of subsection (F) of Section 18-8.05 or subsection (f)
4    of Section 18-8.15 of this Code.
5        (3) Each day of attendance that provides fewer than 5
6    clock hours of school work shall also provide supplementary
7    services, including without limitation work-based
8    learning, student assistance programs, counseling, case
9    management, health and fitness programs, or life-skills or
10    conflict resolution training, in order to provide a total
11    daily program to the student of 5 clock hours. A program
12    may claim general State aid or primary State aid for up to
13    2 hours of the time each day that a student is receiving
14    supplementary services.
15        (4) Each program shall provide no fewer than 174 days
16    of actual pupil attendance during the school term; however,
17    approved evening programs that meet the requirements of
18    Section 13B-45 of this Code may offer less than 174 days of
19    actual pupil attendance during the school term.
20(Source: P.A. 92-42, eff. 1-1-02.)
 
21    (105 ILCS 5/13B-50)
22    Sec. 13B-50. Eligibility to receive general State aid or
23primary State aid. In order to receive general State aid or
24primary State aid, alternative learning opportunities programs
25must meet the requirements for claiming general State aid as

 

 

SB0231 Engrossed- 260 -LRB099 03162 NHT 23170 b

1specified in Section 18-8.05 of this Code or primary State aid
2as specified in Section 18-8.15 of this Code, as applicable,
3with the exception of the length of the instructional day,
4which may be less than 5 hours of school work if the program
5meets the criteria set forth under Sections 13B-50.5 and
613B-50.10 of this Code and if the program is approved by the
7State Board.
8(Source: P.A. 92-42, eff. 1-1-02.)
 
9    (105 ILCS 5/13B-50.10)
10    Sec. 13B-50.10. Additional criteria for general State aid
11or primary State aid. In order to claim general State aid or
12primary State aid, an alternative learning opportunities
13program must meet the following criteria:
14    (1) Teacher professional development plans should include
15education in the instruction of at-risk students.
16    (2) Facilities must meet the health, life, and safety
17requirements in this Code.
18    (3) The program must comply with all other State and
19federal laws applicable to education providers.
20(Source: P.A. 92-42, eff. 1-1-02.)
 
21    (105 ILCS 5/13B-50.15)
22    Sec. 13B-50.15. Level of funding. Approved alternative
23learning opportunities programs are entitled to claim general
24State aid or primary State aid, subject to Sections 13B-50,

 

 

SB0231 Engrossed- 261 -LRB099 03162 NHT 23170 b

113B-50.5, and 13B-50.10 of this Code. Approved programs
2operated by regional offices of education are entitled to
3receive general State aid or primary State aid at the
4foundation level of support. A school district or consortium
5must ensure that an approved program receives supplemental
6general State aid, transportation reimbursements, and special
7education resources, if appropriate, for students enrolled in
8the program.
9(Source: P.A. 92-42, eff. 1-1-02.)
 
10    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
11    Sec. 14-7.02. Children attending private schools, public
12out-of-state schools, public school residential facilities or
13private special education facilities. The General Assembly
14recognizes that non-public schools or special education
15facilities provide an important service in the educational
16system in Illinois.
17    If because of his or her disability the special education
18program of a district is unable to meet the needs of a child
19and the child attends a non-public school or special education
20facility, a public out-of-state school or a special education
21facility owned and operated by a county government unit that
22provides special educational services required by the child and
23is in compliance with the appropriate rules and regulations of
24the State Superintendent of Education, the school district in
25which the child is a resident shall pay the actual cost of

 

 

SB0231 Engrossed- 262 -LRB099 03162 NHT 23170 b

1tuition for special education and related services provided
2during the regular school term and during the summer school
3term if the child's educational needs so require, excluding
4room, board and transportation costs charged the child by that
5non-public school or special education facility, public
6out-of-state school or county special education facility, or
7$4,500 per year, whichever is less, and shall provide him any
8necessary transportation. "Nonpublic special education
9facility" shall include a residential facility, within or
10without the State of Illinois, which provides special education
11and related services to meet the needs of the child by
12utilizing private schools or public schools, whether located on
13the site or off the site of the residential facility.
14    The State Board of Education shall promulgate rules and
15regulations for determining when placement in a private special
16education facility is appropriate. Such rules and regulations
17shall take into account the various types of services needed by
18a child and the availability of such services to the particular
19child in the public school. In developing these rules and
20regulations the State Board of Education shall consult with the
21Advisory Council on Education of Children with Disabilities and
22hold public hearings to secure recommendations from parents,
23school personnel, and others concerned about this matter.
24    The State Board of Education shall also promulgate rules
25and regulations for transportation to and from a residential
26school. Transportation to and from home to a residential school

 

 

SB0231 Engrossed- 263 -LRB099 03162 NHT 23170 b

1more than once each school term shall be subject to prior
2approval by the State Superintendent in accordance with the
3rules and regulations of the State Board.
4    A school district making tuition payments pursuant to this
5Section is eligible for reimbursement from the State for the
6amount of such payments actually made in excess of the district
7per capita tuition charge for students not receiving special
8education services. Such reimbursement shall be approved in
9accordance with Section 14-12.01 and each district shall file
10its claims, computed in accordance with rules prescribed by the
11State Board of Education, on forms prescribed by the State
12Superintendent of Education. Data used as a basis of
13reimbursement claims shall be for the preceding regular school
14term and summer school term. Each school district shall
15transmit its claims to the State Board of Education on or
16before August 15. The State Board of Education, before
17approving any such claims, shall determine their accuracy and
18whether they are based upon services and facilities provided
19under approved programs. Upon approval the State Board shall
20cause vouchers to be prepared showing the amount due for
21payment of reimbursement claims to school districts, for
22transmittal to the State Comptroller on the 30th day of
23September, December, and March, respectively, and the final
24voucher, no later than June 20. If the money appropriated by
25the General Assembly for such purpose for any year is
26insufficient, it shall be apportioned on the basis of the

 

 

SB0231 Engrossed- 264 -LRB099 03162 NHT 23170 b

1claims approved.
2    No child shall be placed in a special education program
3pursuant to this Section if the tuition cost for special
4education and related services increases more than 10 percent
5over the tuition cost for the previous school year or exceeds
6$4,500 per year unless such costs have been approved by the
7Illinois Purchased Care Review Board. The Illinois Purchased
8Care Review Board shall consist of the following persons, or
9their designees: the Directors of Children and Family Services,
10Public Health, Public Aid, and the Governor's Office of
11Management and Budget; the Secretary of Human Services; the
12State Superintendent of Education; and such other persons as
13the Governor may designate. The Review Board shall also consist
14of one non-voting member who is an administrator of a private,
15nonpublic, special education school. The Review Board shall
16establish rules and regulations for its determination of
17allowable costs and payments made by local school districts for
18special education, room and board, and other related services
19provided by non-public schools or special education facilities
20and shall establish uniform standards and criteria which it
21shall follow. The Review Board shall approve the usual and
22customary rate or rates of a special education program that (i)
23is offered by an out-of-state, non-public provider of
24integrated autism specific educational and autism specific
25residential services, (ii) offers 2 or more levels of
26residential care, including at least one locked facility, and

 

 

SB0231 Engrossed- 265 -LRB099 03162 NHT 23170 b

1(iii) serves 12 or fewer Illinois students.
2    The Review Board shall establish uniform definitions and
3criteria for accounting separately by special education, room
4and board and other related services costs. The Board shall
5also establish guidelines for the coordination of services and
6financial assistance provided by all State agencies to assure
7that no otherwise qualified child with a disability receiving
8services under Article 14 shall be excluded from participation
9in, be denied the benefits of or be subjected to discrimination
10under any program or activity provided by any State agency.
11    The Review Board shall review the costs for special
12education and related services provided by non-public schools
13or special education facilities and shall approve or disapprove
14such facilities in accordance with the rules and regulations
15established by it with respect to allowable costs.
16    The State Board of Education shall provide administrative
17and staff support for the Review Board as deemed reasonable by
18the State Superintendent of Education. This support shall not
19include travel expenses or other compensation for any Review
20Board member other than the State Superintendent of Education.
21    The Review Board shall seek the advice of the Advisory
22Council on Education of Children with Disabilities on the rules
23and regulations to be promulgated by it relative to providing
24special education services.
25    If a child has been placed in a program in which the actual
26per pupil costs of tuition for special education and related

 

 

SB0231 Engrossed- 266 -LRB099 03162 NHT 23170 b

1services based on program enrollment, excluding room, board and
2transportation costs, exceed $4,500 and such costs have been
3approved by the Review Board, the district shall pay such total
4costs which exceed $4,500. A district making such tuition
5payments in excess of $4,500 pursuant to this Section shall be
6responsible for an amount in excess of $4,500 equal to the
7district per capita tuition charge and shall be eligible for
8reimbursement from the State for the amount of such payments
9actually made in excess of the districts per capita tuition
10charge for students not receiving special education services.
11    If a child has been placed in an approved individual
12program and the tuition costs including room and board costs
13have been approved by the Review Board, then such room and
14board costs shall be paid by the appropriate State agency
15subject to the provisions of Section 14-8.01 of this Act. Room
16and board costs not provided by a State agency other than the
17State Board of Education shall be provided by the State Board
18of Education on a current basis. In no event, however, shall
19the State's liability for funding of these tuition costs begin
20until after the legal obligations of third party payors have
21been subtracted from such costs. If the money appropriated by
22the General Assembly for such purpose for any year is
23insufficient, it shall be apportioned on the basis of the
24claims approved. Each district shall submit estimated claims to
25the State Superintendent of Education. Upon approval of such
26claims, the State Superintendent of Education shall direct the

 

 

SB0231 Engrossed- 267 -LRB099 03162 NHT 23170 b

1State Comptroller to make payments on a monthly basis. The
2frequency for submitting estimated claims and the method of
3determining payment shall be prescribed in rules and
4regulations adopted by the State Board of Education. Such
5current state reimbursement shall be reduced by an amount equal
6to the proceeds which the child or child's parents are eligible
7to receive under any public or private insurance or assistance
8program. Nothing in this Section shall be construed as
9relieving an insurer or similar third party from an otherwise
10valid obligation to provide or to pay for services provided to
11a child with a disability.
12    If it otherwise qualifies, a school district is eligible
13for the transportation reimbursement under Section 14-13.01
14and for the reimbursement of tuition payments under this
15Section whether the non-public school or special education
16facility, public out-of-state school or county special
17education facility, attended by a child who resides in that
18district and requires special educational services, is within
19or outside of the State of Illinois. However, a district is not
20eligible to claim transportation reimbursement under this
21Section unless the district certifies to the State
22Superintendent of Education that the district is unable to
23provide special educational services required by the child for
24the current school year.
25    Nothing in this Section authorizes the reimbursement of a
26school district for the amount paid for tuition of a child

 

 

SB0231 Engrossed- 268 -LRB099 03162 NHT 23170 b

1attending a non-public school or special education facility,
2public out-of-state school or county special education
3facility unless the school district certifies to the State
4Superintendent of Education that the special education program
5of that district is unable to meet the needs of that child
6because of his disability and the State Superintendent of
7Education finds that the school district is in substantial
8compliance with Section 14-4.01. However, if a child is
9unilaterally placed by a State agency or any court in a
10non-public school or special education facility, public
11out-of-state school, or county special education facility, a
12school district shall not be required to certify to the State
13Superintendent of Education, for the purpose of tuition
14reimbursement, that the special education program of that
15district is unable to meet the needs of a child because of his
16or her disability.
17    Any educational or related services provided, pursuant to
18this Section in a non-public school or special education
19facility or a special education facility owned and operated by
20a county government unit shall be at no cost to the parent or
21guardian of the child. However, current law and practices
22relative to contributions by parents or guardians for costs
23other than educational or related services are not affected by
24this amendatory Act of 1978.
25    Reimbursement for children attending public school
26residential facilities shall be made in accordance with the

 

 

SB0231 Engrossed- 269 -LRB099 03162 NHT 23170 b

1provisions of this Section.
2    Notwithstanding any other provision of law, any school
3district receiving a payment under this Section or under
4Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
5all or a portion of the funds that it receives in a particular
6fiscal year or from general State aid pursuant to Section
718-8.05 of this Code as funds received in connection with any
8funding program for which it is entitled to receive funds from
9the State in that fiscal year (including, without limitation,
10any funding program referenced in this Section), regardless of
11the source or timing of the receipt. The district may not
12classify more funds as funds received in connection with the
13funding program than the district is entitled to receive in
14that fiscal year for that program. Any classification by a
15district must be made by a resolution of its board of
16education. The resolution must identify the amount of any
17payments or general State aid to be classified under this
18paragraph and must specify the funding program to which the
19funds are to be treated as received in connection therewith.
20This resolution is controlling as to the classification of
21funds referenced therein. A certified copy of the resolution
22must be sent to the State Superintendent of Education. The
23resolution shall still take effect even though a copy of the
24resolution has not been sent to the State Superintendent of
25Education in a timely manner. No classification under this
26paragraph by a district shall affect the total amount or timing

 

 

SB0231 Engrossed- 270 -LRB099 03162 NHT 23170 b

1of money the district is entitled to receive under this Code.
2No classification under this paragraph by a district shall in
3any way relieve the district from or affect any requirements
4that otherwise would apply with respect to that funding
5program, including any accounting of funds by source, reporting
6expenditures by original source and purpose, reporting
7requirements, or requirements of providing services.
8    Notwithstanding anything to the contrary contained in this
9Section, the State Board of Education shall award to a school
10district having a population exceeding 500,000 inhabitants
1148.4% of the funds appropriated by the General Assembly for any
12fiscal year for purposes of payments to school districts under
13this Section.
14(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78,
15eff. 7-20-15; 99-143, eff. 7-27-15.)
 
16    (105 ILCS 5/14-7.02b)
17    Sec. 14-7.02b. Funding for children requiring special
18education services. Payments to school districts for children
19requiring special education services documented in their
20individualized education program regardless of the program
21from which these services are received, excluding children
22claimed under Sections 14-7.02 and 14-7.03 of this Code, shall
23be made in accordance with this Section. Funds received under
24this Section may be used only for the provision of special
25educational facilities and services as defined in Section

 

 

SB0231 Engrossed- 271 -LRB099 03162 NHT 23170 b

114-1.08 of this Code.
2    The appropriation for fiscal year 2005 through fiscal year
32016 and thereafter shall be based upon the IDEA child count of
4all students in the State, excluding students claimed under
5Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
6fiscal year 2 years preceding, multiplied by 17.5% of the
7general State aid foundation level of support established for
8that fiscal year under Section 18-8.05 of this Code.
9    Beginning with fiscal year 2005 and through fiscal year
102007, individual school districts shall not receive payments
11under this Section totaling less than they received under the
12funding authorized under Section 14-7.02a of this Code during
13fiscal year 2004, pursuant to the provisions of Section
1414-7.02a as they were in effect before the effective date of
15this amendatory Act of the 93rd General Assembly. This base
16level funding shall be computed first.
17    Beginning with fiscal year 2008 through fiscal year 2016
18and each fiscal year thereafter, individual school districts
19must not receive payments under this Section totaling less than
20they received in fiscal year 2007. This funding shall be
21computed last and shall be a separate calculation from any
22other calculation set forth in this Section. This amount is
23exempt from the requirements of Section 1D-1 of this Code.
24    Through fiscal year 2016, an An amount equal to 85% of the
25funds remaining in the appropriation shall be allocated to
26school districts based upon the district's average daily

 

 

SB0231 Engrossed- 272 -LRB099 03162 NHT 23170 b

1attendance reported for purposes of Section 18-8.05 of this
2Code for the preceding school year. Fifteen percent of the
3funds remaining in the appropriation shall be allocated to
4school districts based upon the district's low income eligible
5pupil count used in the calculation of general State aid under
6Section 18-8.05 of this Code for the same fiscal year. One
7hundred percent of the funds computed and allocated to
8districts under this Section shall be distributed and paid to
9school districts.
10    For individual students with disabilities whose program
11costs exceed 4 times the district's per capita tuition rate as
12calculated under Section 10-20.12a of this Code, the costs in
13excess of 4 times the district's per capita tuition rate shall
14be paid by the State Board of Education from unexpended IDEA
15discretionary funds originally designated for room and board
16reimbursement pursuant to Section 14-8.01 of this Code. The
17amount of tuition for these children shall be determined by the
18actual cost of maintaining classes for these children, using
19the per capita cost formula set forth in Section 14-7.01 of
20this Code, with the program and cost being pre-approved by the
21State Superintendent of Education. Reimbursement for
22individual students with disabilities whose program costs
23exceed 4 times the district's per capita tuition rate shall be
24claimed beginning with costs encumbered for the 2004-2005
25school year and thereafter.
26    The State Board of Education shall prepare vouchers equal

 

 

SB0231 Engrossed- 273 -LRB099 03162 NHT 23170 b

1to one-fourth the amount allocated to districts, for
2transmittal to the State Comptroller on the 30th day of
3September, December, and March, respectively, and the final
4voucher, no later than June 20. The Comptroller shall make
5payments pursuant to this Section to school districts as soon
6as possible after receipt of vouchers. If the money
7appropriated from the General Assembly for such purposes for
8any year is insufficient, it shall be apportioned on the basis
9of the payments due to school districts.
10    Nothing in this Section shall be construed to decrease or
11increase the percentage of all special education funds that are
12allocated annually under Article 1D of this Code or to alter
13the requirement that a school district provide special
14education services.
15    Nothing in this amendatory Act of the 93rd General Assembly
16shall eliminate any reimbursement obligation owed as of the
17effective date of this amendatory Act of the 93rd General
18Assembly to a school district with in excess of 500,000
19inhabitants.
20    Except for reimbursement for individual students with
21disabilities whose program costs exceed 4 times the district's
22per capita tuition rate, no funding shall be provided to school
23districts under this Section after fiscal year 2016.
24(Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)
 
25    (105 ILCS 5/14-7.03)  (from Ch. 122, par. 14-7.03)

 

 

SB0231 Engrossed- 274 -LRB099 03162 NHT 23170 b

1    Sec. 14-7.03. Special Education Classes for Children from
2Orphanages, Foster Family Homes, Children's Homes, or in State
3Housing Units. If a school district maintains special education
4classes on the site of orphanages and children's homes, or if
5children from the orphanages, children's homes, foster family
6homes, other State agencies, or State residential units for
7children attend classes for children with disabilities in which
8the school district is a participating member of a joint
9agreement, or if the children from the orphanages, children's
10homes, foster family homes, other State agencies, or State
11residential units attend classes for the children with
12disabilities maintained by the school district, then
13reimbursement shall be paid to eligible districts in accordance
14with the provisions of this Section by the Comptroller as
15directed by the State Superintendent of Education.
16    The amount of tuition for such children shall be determined
17by the actual cost of maintaining such classes, using the per
18capita cost formula set forth in Section 14-7.01, such program
19and cost to be pre-approved by the State Superintendent of
20Education.
21    If a school district makes a claim for reimbursement under
22Section 18-3 or 18-4 of this Code, Act it shall not include in
23any claim filed under this Section a claim for such children.
24Payments authorized by law, including State or federal grants
25for education of children included in this Section, shall be
26deducted in determining the tuition amount.

 

 

SB0231 Engrossed- 275 -LRB099 03162 NHT 23170 b

1    Nothing in this Act shall be construed so as to prohibit
2reimbursement for the tuition of children placed in for profit
3facilities. Private facilities shall provide adequate space at
4the facility for special education classes provided by a school
5district or joint agreement for children with disabilities who
6are residents of the facility at no cost to the school district
7or joint agreement upon request of the school district or joint
8agreement. If such a private facility provides space at no cost
9to the district or joint agreement for special education
10classes provided to children with disabilities who are
11residents of the facility, the district or joint agreement
12shall not include any costs for the use of those facilities in
13its claim for reimbursement.
14    Reimbursement for tuition may include the cost of providing
15summer school programs for children with severe and profound
16disabilities served under this Section. Claims for that
17reimbursement shall be filed by November 1 and shall be paid on
18or before December 15 from appropriations made for the purposes
19of this Section.
20    The State Board of Education shall establish such rules and
21regulations as may be necessary to implement the provisions of
22this Section.
23    Claims filed on behalf of programs operated under this
24Section housed in a jail, detention center, or county-owned
25shelter care facility shall be on an individual student basis
26only for eligible students with disabilities. These claims

 

 

SB0231 Engrossed- 276 -LRB099 03162 NHT 23170 b

1shall be in accordance with applicable rules.
2    Each district claiming reimbursement for a program
3operated as a group program shall have an approved budget on
4file with the State Board of Education prior to the initiation
5of the program's operation. On September 30, December 31, and
6March 31, the State Board of Education shall voucher payments
7to group programs based upon the approved budget during the
8year of operation. Final claims for group payments shall be
9filed on or before July 15. Final claims for group programs
10received at the State Board of Education on or before June 15
11shall be vouchered by June 30. Final claims received at the
12State Board of Education between June 16 and July 15 shall be
13vouchered by August 30. Claims for group programs received
14after July 15 shall not be honored.
15    Each district claiming reimbursement for individual
16students shall have the eligibility of those students verified
17by the State Board of Education. On September 30, December 31,
18and March 31, the State Board of Education shall voucher
19payments for individual students based upon an estimated cost
20calculated from the prior year's claim. Final claims for
21individual students for the regular school term must be
22received at the State Board of Education by July 15. Claims for
23individual students received after July 15 shall not be
24honored. Final claims for individual students shall be
25vouchered by August 30.
26    Reimbursement shall be made based upon approved group

 

 

SB0231 Engrossed- 277 -LRB099 03162 NHT 23170 b

1programs or individual students. The State Superintendent of
2Education shall direct the Comptroller to pay a specified
3amount to the district by the 30th day of September, December,
4March, June, or August, respectively. However, notwithstanding
5any other provisions of this Section or the School Code,
6beginning with fiscal year 1994 and each fiscal year
7thereafter, if the amount appropriated for any fiscal year is
8less than the amount required for purposes of this Section, the
9amount required to eliminate any insufficient reimbursement
10for each district claim under this Section shall be reimbursed
11on August 30 of the next fiscal year. Payments required to
12eliminate any insufficiency for prior fiscal year claims shall
13be made before any claims are paid for the current fiscal year.
14    The claim of a school district otherwise eligible to be
15reimbursed in accordance with Section 14-12.01 for the 1976-77
16school year but for this amendatory Act of 1977 shall not be
17paid unless the district ceases to maintain such classes for
18one entire school year.
19    If a school district's current reimbursement payment for
20the 1977-78 school year only is less than the prior year's
21reimbursement payment owed, the district shall be paid the
22amount of the difference between the payments in addition to
23the current reimbursement payment, and the amount so paid shall
24be subtracted from the amount of prior year's reimbursement
25payment owed to the district.
26    Regional superintendents may operate special education

 

 

SB0231 Engrossed- 278 -LRB099 03162 NHT 23170 b

1classes for children from orphanages, foster family homes,
2children's homes, or State housing units located within the
3educational services region upon consent of the school board
4otherwise so obligated. In electing to assume the powers and
5duties of a school district in providing and maintaining such a
6special education program, the regional superintendent may
7enter into joint agreements with other districts and may
8contract with public or private schools or the orphanage,
9foster family home, children's home, or State housing unit for
10provision of the special education program. The regional
11superintendent exercising the powers granted under this
12Section shall claim the reimbursement authorized by this
13Section directly from the State Board of Education.
14    Any child who is not a resident of Illinois who is placed
15in a child welfare institution, private facility, foster family
16home, State operated program, orphanage, or children's home
17shall have the payment for his educational tuition and any
18related services assured by the placing agent.
19    For each student with a disability who is placed in a
20residential facility by an Illinois public agency or by any
21court in this State, the costs for educating the student are
22eligible for reimbursement under this Section.
23    The district of residence of the student with a disability
24as defined in Section 14-1.11a is responsible for the actual
25costs of the student's special education program and is
26eligible for reimbursement under this Section when placement is

 

 

SB0231 Engrossed- 279 -LRB099 03162 NHT 23170 b

1made by a State agency or the courts.
2    When a dispute arises over the determination of the
3district of residence under this Section, the district or
4districts may appeal the decision in writing to the State
5Superintendent of Education, who, upon review of materials
6submitted and any other items or information he or she may
7request for submission, shall issue a written decision on the
8matter. The decision of the State Superintendent of Education
9shall be final.
10    In the event a district does not make a tuition payment to
11another district that is providing the special education
12program and services, the State Board of Education shall
13immediately withhold 125% of the then remaining annual tuition
14cost from the State aid or categorical aid payment due to the
15school district that is determined to be the resident school
16district. All funds withheld by the State Board of Education
17shall immediately be forwarded to the school district where the
18student is being served.
19    When a child eligible for services under this Section
2014-7.03 must be placed in a nonpublic facility, that facility
21shall meet the programmatic requirements of Section 14-7.02 and
22its regulations, and the educational services shall be funded
23only in accordance with this Section 14-7.03.
24(Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)
 
25    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)

 

 

SB0231 Engrossed- 280 -LRB099 03162 NHT 23170 b

1    Sec. 14-13.01. Reimbursement payable by State; amounts for
2personnel and transportation.
3    (a) Through fiscal year 2016, for For staff working on
4behalf of children who have not been identified as eligible for
5special education and for eligible children with physical
6disabilities, including all eligible children whose placement
7has been determined under Section 14-8.02 in hospital or home
8instruction, 1/2 of the teacher's salary but not more than
9$1,000 annually per child or $9,000 per teacher, whichever is
10less.
11    (a-5) A child qualifies for home or hospital instruction if
12it is anticipated that, due to a medical condition, the child
13will be unable to attend school, and instead must be instructed
14at home or in the hospital, for a period of 2 or more
15consecutive weeks or on an ongoing intermittent basis. For
16purposes of this Section, "ongoing intermittent basis" means
17that the child's medical condition is of such a nature or
18severity that it is anticipated that the child will be absent
19from school due to the medical condition for periods of at
20least 2 days at a time multiple times during the school year
21totaling at least 10 days or more of absences. There shall be
22no requirement that a child be absent from school a minimum
23number of days before the child qualifies for home or hospital
24instruction. In order to establish eligibility for home or
25hospital services, a student's parent or guardian must submit
26to the child's school district of residence a written statement

 

 

SB0231 Engrossed- 281 -LRB099 03162 NHT 23170 b

1from a physician licensed to practice medicine in all of its
2branches stating the existence of such medical condition, the
3impact on the child's ability to participate in education, and
4the anticipated duration or nature of the child's absence from
5school. Home or hospital instruction may commence upon receipt
6of a written physician's statement in accordance with this
7Section, but instruction shall commence not later than 5 school
8days after the school district receives the physician's
9statement. Special education and related services required by
10the child's IEP or services and accommodations required by the
11child's federal Section 504 plan must be implemented as part of
12the child's home or hospital instruction, unless the IEP team
13or federal Section 504 plan team determines that modifications
14are necessary during the home or hospital instruction due to
15the child's condition.
16    (a-10) Through fiscal year 2016, eligible Eligible
17children to be included in any reimbursement under this
18paragraph must regularly receive a minimum of one hour of
19instruction each school day, or in lieu thereof of a minimum of
205 hours of instruction in each school week in order to qualify
21for full reimbursement under this Section. If the attending
22physician for such a child has certified that the child should
23not receive as many as 5 hours of instruction in a school week,
24however, reimbursement under this paragraph on account of that
25child shall be computed proportionate to the actual hours of
26instruction per week for that child divided by 5.

 

 

SB0231 Engrossed- 282 -LRB099 03162 NHT 23170 b

1    (a-15) The State Board of Education shall establish rules
2governing the required qualifications of staff providing home
3or hospital instruction.
4    (b) For children described in Section 14-1.02, 80% of the
5cost of transportation approved as a related service in the
6Individualized Education Program for each student in order to
7take advantage of special educational facilities.
8Transportation costs shall be determined in the same fashion as
9provided in Section 29-5 of this Code, provided that,
10notwithstanding anything to the contrary contained in this
11subsection (b) or Section 29-5 of this Code, the State Board of
12Education shall award to a school district having a population
13exceeding 500,000 inhabitants 30.7% of the funds appropriated
14by the General Assembly for any fiscal year for purposes of
15payment of transportation cost claims under this subsection
16(b). For purposes of this subsection (b), the dates for
17processing claims specified in Section 29-5 shall apply.
18    (c) Through fiscal year 2016, for For each qualified
19worker, the annual sum of $9,000.
20    (d) Through fiscal year 2016, for For one full time
21qualified director of the special education program of each
22school district which maintains a fully approved program of
23special education the annual sum of $9,000. Districts
24participating in a joint agreement special education program
25shall not receive such reimbursement if reimbursement is made
26for a director of the joint agreement program.

 

 

SB0231 Engrossed- 283 -LRB099 03162 NHT 23170 b

1    (e) (Blank).
2    (f) (Blank).
3    (g) Through fiscal year 2016, for For readers, working with
4blind or partially seeing children 1/2 of their salary but not
5more than $400 annually per child. Readers may be employed to
6assist such children and shall not be required to be certified
7but prior to employment shall meet standards set up by the
8State Board of Education.
9    (h) Through fiscal year 2016, for For non-certified
10employees, as defined by rules promulgated by the State Board
11of Education, who deliver services to students with IEPs, 1/2
12of the salary paid or $3,500 per employee, whichever is less.
13    (i) The State Board of Education shall set standards and
14prescribe rules for determining the allocation of
15reimbursement under this section on less than a full time basis
16and for less than a school year.
17    When any school district eligible for reimbursement under
18this Section operates a school or program approved by the State
19Superintendent of Education for a number of days in excess of
20the adopted school calendar but not to exceed 235 school days,
21such reimbursement shall be increased by 1/180 of the amount or
22rate paid hereunder for each day such school is operated in
23excess of 180 days per calendar year.
24    Notwithstanding any other provision of law, any school
25district receiving a payment under this Section or under
26Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify

 

 

SB0231 Engrossed- 284 -LRB099 03162 NHT 23170 b

1all or a portion of the funds that it receives in a particular
2fiscal year or from primary general State aid pursuant to
3Section 18-8.15 18-8.05 of this Code as funds received in
4connection with any funding program for which it is entitled to
5receive funds from the State in that fiscal year (including,
6without limitation, any funding program referenced in this
7Section), regardless of the source or timing of the receipt.
8The district may not classify more funds as funds received in
9connection with the funding program than the district is
10entitled to receive in that fiscal year for that program. Any
11classification by a district must be made by a resolution of
12its board of education. The resolution must identify the amount
13of any payments or primary general State aid to be classified
14under this paragraph and must specify the funding program to
15which the funds are to be treated as received in connection
16therewith. This resolution is controlling as to the
17classification of funds referenced therein. A certified copy of
18the resolution must be sent to the State Superintendent of
19Education. The resolution shall still take effect even though a
20copy of the resolution has not been sent to the State
21Superintendent of Education in a timely manner. No
22classification under this paragraph by a district shall affect
23the total amount or timing of money the district is entitled to
24receive under this Code. No classification under this paragraph
25by a district shall in any way relieve the district from or
26affect any requirements that otherwise would apply with respect

 

 

SB0231 Engrossed- 285 -LRB099 03162 NHT 23170 b

1to that funding program, including any accounting of funds by
2source, reporting expenditures by original source and purpose,
3reporting requirements, or requirements of providing services.
4(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
 
5    (105 ILCS 5/14C-1)  (from Ch. 122, par. 14C-1)
6    Sec. 14C-1. The General Assembly finds that there are large
7numbers of children in this State who come from environments
8where the primary language is other than English. Experience
9has shown that public school classes in which instruction is
10given only in English are often inadequate for the education of
11children whose native tongue is another language. The General
12Assembly believes that a program of transitional bilingual
13education can meet the needs of these children and facilitate
14their integration into the regular public school curriculum.
15Therefore, pursuant to the policy of this State to ensure equal
16educational opportunity to every child, and in recognition of
17the educational needs of English learners, it is the purpose of
18this Act to provide for the establishment of transitional
19bilingual education programs in the public schools, to provide
20supplemental financial assistance through fiscal year 2016 to
21help local school districts meet the extra costs of such
22programs, and to allow this State to directly or indirectly
23provide technical assistance and professional development to
24support transitional bilingual education programs statewide.
25(Source: P.A. 99-30, eff. 7-10-15.)
 

 

 

SB0231 Engrossed- 286 -LRB099 03162 NHT 23170 b

1    (105 ILCS 5/14C-12)  (from Ch. 122, par. 14C-12)
2    Sec. 14C-12. Account of expenditures; Cost report;
3Reimbursement. Each school district with at least one English
4learner shall keep an accurate, detailed and separate account
5of all monies paid out by it for the programs in transitional
6bilingual education required or permitted by this Article,
7including transportation costs, and shall annually report
8thereon for the school year ending June 30 indicating the
9average per pupil expenditure. Through fiscal year 2016, each
10Each school district shall be reimbursed for the amount by
11which such costs exceed the average per pupil expenditure by
12such school district for the education of children of
13comparable age who are not in any special education program. No
14funding shall be provided to school districts under this
15Section after fiscal year 2016. In fiscal year 2017 and each
16fiscal year thereafter, all funding received by a school
17district from the State pursuant to Section 18-8.15 of this
18Code that is attributable to English learner pupils must be
19used for programs and services authorized under this Article.
20At least 60% of transitional bilingual education funding
21received from the State must be used for the instructional
22costs of programs and services authorized under this Article
23transitional bilingual education.
24    Applications for preapproval for reimbursement for costs
25of transitional bilingual education programs must be submitted

 

 

SB0231 Engrossed- 287 -LRB099 03162 NHT 23170 b

1to the State Superintendent of Education at least 60 days
2before a transitional bilingual education program is started,
3unless a justifiable exception is granted by the State
4Superintendent of Education. Applications shall set forth a
5plan for transitional bilingual education established and
6maintained in accordance with this Article.
7    Through fiscal year 2016, reimbursement Reimbursement
8claims for transitional bilingual education programs shall be
9made as follows:
10    Each school district shall claim reimbursement on a current
11basis for the first 3 quarters of the fiscal year and file a
12final adjusted claim for the school year ended June 30
13preceding computed in accordance with rules prescribed by the
14State Superintendent's Office. The State Superintendent of
15Education before approving any such claims shall determine
16their accuracy and whether they are based upon services and
17facilities provided under approved programs. Upon approval he
18shall transmit to the Comptroller the vouchers showing the
19amounts due for school district reimbursement claims. Upon
20receipt of the final adjusted claims the State Superintendent
21of Education shall make a final determination of the accuracy
22of such claims. If the money appropriated by the General
23Assembly for such purpose for any year is insufficient, it
24shall be apportioned on the basis of the claims approved.
25    Failure on the part of the school district to prepare and
26certify the final adjusted claims due under this Section may

 

 

SB0231 Engrossed- 288 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 289 -LRB099 03162 NHT 23170 b

1shall be construed as requiring any district to change or
2preventing any district from changing from a cash basis of
3financing to a surplus or deficit basis of financing; or as
4requiring any district to change or preventing any district
5from changing its system of accounting. For the 2018-2019
6school year and thereafter, the budget shall conform to the
7school level accounting requirements adopted by the State Board
8of Education pursuant to Section 2-3.28 of this Code.
9    To the extent that a school district's budget is not
10balanced, the district shall also adopt and file with the State
11Board of Education a deficit reduction plan to balance the
12district's budget within 3 years. The deficit reduction plan
13must be filed at the same time as the budget, but the State
14Superintendent of Education may extend this deadline if the
15situation warrants.
16    If, as the result of an audit performed in compliance with
17Section 3-7 of this Code, the resulting Annual Financial Report
18required to be submitted pursuant to Section 3-15.1 of this
19Code reflects a deficit as defined for purposes of the
20preceding paragraph, then the district shall, within 30 days
21after acceptance of such audit report, submit a deficit
22reduction plan.
23    The board of education of each district shall fix a fiscal
24year therefor. If the beginning of the fiscal year of a
25district is subsequent to the time that the tax levy due to be
26made in such fiscal year shall be made, then such annual budget

 

 

SB0231 Engrossed- 290 -LRB099 03162 NHT 23170 b

1shall be adopted prior to the time such tax levy shall be made.
2The failure by a board of education of any district to adopt an
3annual budget, or to comply in any respect with the provisions
4of this Section, shall not affect the validity of any tax levy
5of the district otherwise in conformity with the law. With
6respect to taxes levied either before, on, or after the
7effective date of this amendatory Act of the 91st General
8Assembly, (i) a tax levy is made for the fiscal year in which
9the levy is due to be made regardless of which fiscal year the
10proceeds of the levy are expended or are intended to be
11expended, and (ii) except as otherwise provided by law, a board
12of education's adoption of an annual budget in conformity with
13this Section is not a prerequisite to the adoption of a valid
14tax levy and is not a limit on the amount of the levy.
15    Such budget shall be prepared in tentative form by some
16person or persons designated by the board, and in such
17tentative form shall be made conveniently available to public
18inspection for at least 30 days prior to final action thereon.
19At least 1 public hearing shall be held as to such budget prior
20to final action thereon. Notice of availability for public
21inspection and of such public hearing shall be given by
22publication in a newspaper published in such district, at least
2330 days prior to the time of such hearing. If there is no
24newspaper published in such district, notice of such public
25hearing shall be given by posting notices thereof in 5 of the
26most public places in such district. It shall be the duty of

 

 

SB0231 Engrossed- 291 -LRB099 03162 NHT 23170 b

1the secretary of such board to make such tentative budget
2available to public inspection, and to arrange for such public
3hearing. The board may from time to time make transfers between
4the various items in any fund not exceeding in the aggregate
510% of the total of such fund as set forth in the budget. The
6board may from time to time amend such budget by the same
7procedure as is herein provided for its original adoption.
8    Beginning July 1, 1976, the board of education, or regional
9superintendent, or governing board responsible for the
10administration of a joint agreement shall, by September 1 of
11each fiscal year thereafter, adopt an annual budget for the
12joint agreement in the same manner and subject to the same
13requirements as are provided in this Section.
14    The State Board of Education shall exercise powers and
15duties relating to budgets as provided in Section 2-3.27 of
16this Code and shall require school districts to submit their
17annual budgets, deficit reduction plans, and other financial
18information, including revenue and expenditure reports and
19borrowing and interfund transfer plans, in such form and within
20the timelines designated by the State Board of Education.
21    By fiscal year 1982 all school districts shall use the
22Program Budget Accounting System.
23    In the case of a school district receiving emergency State
24financial assistance under Article 1B, the school board shall
25also be subject to the requirements established under Article
261B with respect to the annual budget.

 

 

SB0231 Engrossed- 292 -LRB099 03162 NHT 23170 b

1(Source: P.A. 97-429, eff. 8-16-11.)
 
2    (105 ILCS 5/17-1.2)
3    Sec. 17-1.2. Post annual budget on web site. If a school
4district has an Internet web site, the school district shall
5post its current annual budget, itemized by receipts and
6expenditures, on the district's Internet web site. For the
72018-2019 school year and thereafter, the budget shall include
8school level information conforming to the rules adopted by the
9State Board of Education pursuant to Section 2-3.28 of this
10Code. The school district shall notify the parents or guardians
11of its students that the budget has been posted on the
12district's web site and what the web site's address is.
13(Source: P.A. 92-438, eff. 1-1-02.)
 
14    (105 ILCS 5/17-1.5)
15    Sec. 17-1.5. Limitation of administrative costs.
16    (a) It is the purpose of this Section to establish
17limitations on the growth of administrative expenditures in
18order to maximize the proportion of school district resources
19available for the instructional program, building maintenance,
20and safety services for the students of each district.
21    (b) Definitions. For the purposes of this Section:
22    "Administrative expenditures" mean the annual expenditures
23of school districts properly attributable to expenditure
24functions defined by the rules of the State Board of Education

 

 

SB0231 Engrossed- 293 -LRB099 03162 NHT 23170 b

1as: 2320 (Executive Administration Services); 2330 (Special
2Area Administration Services); 2490 (Other Support Services -
3School Administration); 2510 (Direction of Business Support
4Services); 2570 (Internal Services); and 2610 (Direction of
5Central Support Services); provided, however, that
6"administrative expenditures" shall not include early
7retirement or other pension system obligations required by
8State law.
9    "School district" means all school districts having a
10population of less than 500,000.
11    (c) For the 1998-99 school year and each school year
12thereafter, each school district shall undertake budgetary and
13expenditure control actions so that the increase in
14administrative expenditures for that school year over the prior
15school year does not exceed 5%. School districts with
16administrative expenditures per pupil in the 25th percentile
17and below for all districts of the same type, as defined by the
18State Board of Education, may waive the limitation imposed
19under this Section for any year following a public hearing and
20with the affirmative vote of at least two-thirds of the members
21of the school board of the district. Any district waiving the
22limitation shall notify the State Board within 45 days of such
23action.
24    (d) School districts shall file with the State Board of
25Education by November 15, 1998 and by each November 15th
26thereafter a one-page report that lists (i) the actual

 

 

SB0231 Engrossed- 294 -LRB099 03162 NHT 23170 b

1administrative expenditures for the prior year from the
2district's audited Annual Financial Report, and (ii) the
3projected administrative expenditures for the current year
4from the budget adopted by the school board pursuant to Section
517-1 of this Code.
6    If a school district that is ineligible to waive the
7limitation imposed by subsection (c) of this Section by board
8action exceeds the limitation solely because of circumstances
9beyond the control of the district and the district has
10exhausted all available and reasonable remedies to comply with
11the limitation, the district may request a waiver pursuant to
12Section 2-3.25g. The waiver application shall specify the
13amount, nature, and reason for the relief requested, as well as
14all remedies the district has exhausted to comply with the
15limitation. Any emergency relief so requested shall apply only
16to the specific school year for which the request is made. The
17State Board of Education shall analyze all such waivers
18submitted and shall recommend that the General Assembly
19disapprove any such waiver requested that is not due solely to
20circumstances beyond the control of the district and for which
21the district has not exhausted all available and reasonable
22remedies to comply with the limitation. The State
23Superintendent shall have no authority to impose any sanctions
24pursuant to this Section for any expenditures for which a
25waiver has been requested until such waiver has been reviewed
26by the General Assembly.

 

 

SB0231 Engrossed- 295 -LRB099 03162 NHT 23170 b

1    If the report and information required under this
2subsection (d) are not provided by the school district in a
3timely manner, or are subsequently determined by the State
4Superintendent of Education to be incomplete or inaccurate, the
5State Superintendent shall notify the district in writing of
6reporting deficiencies. The school district shall, within 60
7days of the notice, address the reporting deficiencies
8identified.
9    (e) If the State Superintendent determines that a school
10district has failed to comply with the administrative
11expenditure limitation imposed in subsection (c) of this
12Section, the State Superintendent shall notify the district of
13the violation and direct the district to undertake corrective
14action to bring the district's budget into compliance with the
15administrative expenditure limitation. The district shall,
16within 60 days of the notice, provide adequate assurance to the
17State Superintendent that appropriate corrective actions have
18been or will be taken. If the district fails to provide
19adequate assurance or fails to undertake the necessary
20corrective actions, the State Superintendent may impose
21progressive sanctions against the district that may culminate
22in withholding all subsequent payments of general State aid due
23the district under Section 18-8.05 of this Code or primary
24State aid due the district under Section 18-8.15 of this Code
25until the assurance is provided or the corrective actions
26taken.

 

 

SB0231 Engrossed- 296 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 297 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 298 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 299 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 300 -LRB099 03162 NHT 23170 b

1not necessary for the completion of approved and recommended
2projects contained in any safety survey report or amendment
3thereto authorized by Section 2-3.12 of this Act and will deter
4and prevent unauthorized entry or activities upon school
5property by unknown or dangerous persons, assure early
6detection and advance warning of any such actual or attempted
7unauthorized entry or activities and help assure the continued
8safety of pupils and school staff if any such unauthorized
9entry or activity is attempted or occurs; the district may levy
10a tax or issue bonds as provided in subsection (a) of this
11Section.
12    (e) If a school district does not need funds for other fire
13prevention and safety projects, including the completion of
14approved and recommended projects contained in any safety
15survey report or amendments thereto authorized by Section
162-3.12 of this Act, and it is determined after a public hearing
17(which is preceded by at least one published notice (i)
18occurring at least 7 days prior to the hearing in a newspaper
19of general circulation within the school district and (ii)
20setting forth the time, date, place, and general subject matter
21of the hearing) that there is a substantial, immediate, and
22otherwise unavoidable threat to the health, safety, or welfare
23of pupils due to disrepair of school sidewalks, playgrounds,
24parking lots, or school bus turnarounds and repairs must be
25made; then the district may levy a tax or issue bonds as
26provided in subsection (a) of this Section.

 

 

SB0231 Engrossed- 301 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 302 -LRB099 03162 NHT 23170 b

1    (i) The tax rate limit specified in this Section may be
2increased to .10% upon the approval of a proposition to effect
3such increase by a majority of the electors voting on that
4proposition at a regular scheduled election. Such proposition
5may be initiated by resolution of the school board and shall be
6certified by the secretary to the proper election authorities
7for submission in accordance with the general election law.
8    (j) When taxes are levied by any school district for fire
9prevention, safety, energy conservation, and school security
10purposes as specified in this Section, and the purposes for
11which the taxes have been levied are accomplished and paid in
12full, and there remain funds on hand in the Fire Prevention and
13Safety Fund from the proceeds of the taxes levied, including
14interest earnings thereon, the school board by resolution shall
15use such excess and other board restricted funds, excluding
16bond proceeds and earnings from such proceeds, as follows:
17        (1) for other authorized fire prevention, safety,
18    energy conservation, and school security purposes and for
19    required safety inspections; or
20        (2) for transfer to the Operations and Maintenance Fund
21    for the purpose of abating an equal amount of operations
22    and maintenance purposes taxes.
23Notwithstanding subdivision (2) of this subsection (j) and
24subsection (k) of this Section, through June 30, 2019 2016, the
25school board may, by proper resolution following a public
26hearing set by the school board or the president of the school

 

 

SB0231 Engrossed- 303 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 304 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 305 -LRB099 03162 NHT 23170 b

1authority for the issuance of bonds as provided in this Section
2notwithstanding any other statute or law to the contrary.
3    (q) With respect to instruments for the payment of money
4issued under this Section either before, on, or after the
5effective date of Public Act 86-004 (June 6, 1989), it is, and
6always has been, the intention of the General Assembly (i) that
7the Omnibus Bond Acts are, and always have been, supplementary
8grants of power to issue instruments in accordance with the
9Omnibus Bond Acts, regardless of any provision of this Act that
10may appear to be or to have been more restrictive than those
11Acts, (ii) that the provisions of this Section are not a
12limitation on the supplementary authority granted by the
13Omnibus Bond Acts, and (iii) that instruments issued under this
14Section within the supplementary authority granted by the
15Omnibus Bond Acts are not invalid because of any provision of
16this Act that may appear to be or to have been more restrictive
17than those Acts.
18    (r) When the purposes for which the bonds are issued have
19been accomplished and paid for in full and there remain funds
20on hand from the proceeds of the bond sale and interest
21earnings therefrom, the board shall, by resolution, use such
22excess funds in accordance with the provisions of Section
2310-22.14 of this Act.
24    (s) Whenever any tax is levied or bonds issued for fire
25prevention, safety, energy conservation, and school security
26purposes, such proceeds shall be deposited and accounted for

 

 

SB0231 Engrossed- 306 -LRB099 03162 NHT 23170 b

1separately within the Fire Prevention and Safety Fund.
2(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14;
399-143, eff. 7-27-15.)
 
4    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
5    Sec. 17-2A. Interfund Transfers.
6    (a) The school board of any district having a population of
7less than 500,000 inhabitants may, by proper resolution
8following a public hearing set by the school board or the
9president of the school board (that is preceded (i) by at least
10one published notice over the name of the clerk or secretary of
11the board, occurring at least 7 days and not more than 30 days
12prior to the hearing, in a newspaper of general circulation
13within the school district and (ii) by posted notice over the
14name of the clerk or secretary of the board, at least 48 hours
15before the hearing, at the principal office of the school board
16or at the building where the hearing is to be held if a
17principal office does not exist, with both notices setting
18forth the time, date, place, and subject matter of the
19hearing), transfer money from (1) the Educational Fund to the
20Operations and Maintenance Fund or the Transportation Fund, (2)
21the Operations and Maintenance Fund to the Educational Fund or
22the Transportation Fund, or (3) the Transportation Fund to the
23Educational Fund or the Operations and Maintenance Fund of said
24district, provided that, except during the period from July 1,
252003 through June 30, 2019 2016, such transfer is made solely

 

 

SB0231 Engrossed- 307 -LRB099 03162 NHT 23170 b

1for the purpose of meeting one-time, non-recurring expenses.
2Except during the period from July 1, 2003 through June 30,
32019 2016 and except as otherwise provided in subsection (b) of
4this Section, any other permanent interfund transfers
5authorized by any provision or judicial interpretation of this
6Code for which the transferee fund is not precisely and
7specifically set forth in the provision of this Code
8authorizing such transfer shall be made to the fund of the
9school district most in need of the funds being transferred, as
10determined by resolution of the school board.
11     (b) Notwithstanding subsection (a) of this Section or any
12other provision of this Code to the contrary, the school board
13of any school district (i) that is subject to the Property Tax
14Extension Limitation Law, (ii) that has a population of less
15than 500,000 inhabitants, (iii) that is levying at its maximum
16tax rate, (iv) whose total equalized assessed valuation has
17declined 20% in the prior 2 years, (v) in which 80% or more of
18its students receive free or reduced-price lunch, and (vi) that
19had an equalized assessed valuation of less than $207 million
20but more than $203 million in the 2011 levy year may annually,
21until July 1, 2016, transfer money from any fund of the
22district, other than the Illinois Municipal Retirement Fund and
23the Bonds and Interest Fund, to the educational fund, the
24operations and maintenance fund, or the transportation fund of
25the district by proper resolution following a public hearing
26set by the school board or the president of the school board,

 

 

SB0231 Engrossed- 308 -LRB099 03162 NHT 23170 b

1with notice as provided in subsection (a) of this Section, so
2long as the district meets the qualifications set forth in this
3subsection (b) on the effective date of this amendatory Act of
4the 98th General Assembly even if the district does not meet
5those qualifications at the time a given transfer is made.
6(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14.)
 
7    (105 ILCS 5/17-3.6 new)
8    Sec. 17-3.6. Educational purposes tax rate for school
9districts subject to Property Tax Extension Limitation Law.
10Notwithstanding the provisions, requirements, or limitations
11of this Code or any other law, any tax levied for educational
12purposes by a school district subject to the Property Tax
13Extension Limitation Law for the 2015 levy year or any
14subsequent levy year may be extended at a rate exceeding the
15rate established for educational purposes by referendum or this
16Code, provided that the rate does not cause the school district
17to exceed the limiting rate applicable to the school district
18under the Property Tax Extension Limitation Law for that levy
19year.
 
20    (105 ILCS 5/18-4.3)  (from Ch. 122, par. 18-4.3)
21    Sec. 18-4.3. Summer school grants. Through fiscal year
222016, grants Grants shall be determined for pupil attendance in
23summer schools conducted under Sections 10-22.33A and 34-18 and
24approved under Section 2-3.25 in the following manner.

 

 

SB0231 Engrossed- 309 -LRB099 03162 NHT 23170 b

1    The amount of grant for each accredited summer school
2attendance pupil shall be obtained by dividing the total amount
3of apportionments determined under Section 18-8.05 by the
4actual number of pupils in average daily attendance used for
5such apportionments. The number of credited summer school
6attendance pupils shall be determined (a) by counting clock
7hours of class instruction by pupils enrolled in grades 1
8through 12 in approved courses conducted at least 60 clock
9hours in summer sessions; (b) by dividing such total of clock
10hours of class instruction by 4 to produce days of credited
11pupil attendance; (c) by dividing such days of credited pupil
12attendance by the actual number of days in the regular term as
13used in computation in the general apportionment in Section
1418-8.05; and (d) by multiplying by 1.25.
15    The amount of the grant for a summer school program
16approved by the State Superintendent of Education for children
17with disabilities, as defined in Sections 14-1.02 through
1814-1.07, shall be determined in the manner contained above
19except that average daily membership shall be utilized in lieu
20of average daily attendance.
21    In the case of an apportionment based on summer school
22attendance or membership pupils, the claim therefor shall be
23presented as a separate claim for the particular school year in
24which such summer school session ends. On or before November 1
25of each year the superintendent of each eligible school
26district shall certify to the State Superintendent of Education

 

 

SB0231 Engrossed- 310 -LRB099 03162 NHT 23170 b

1the claim of the district for the summer session just ended.
2Failure on the part of the school board to so certify shall
3constitute a forfeiture of its right to such payment. The State
4Superintendent of Education shall transmit to the Comptroller
5no later than December 15th of each year vouchers for payment
6of amounts due school districts for summer school. The State
7Superintendent of Education shall direct the Comptroller to
8draw his warrants for payments thereof by the 30th day of
9December. If the money appropriated by the General Assembly for
10such purpose for any year is insufficient, it shall be
11apportioned on the basis of claims approved.
12    However, notwithstanding the foregoing provisions, for
13each fiscal year the money appropriated by the General Assembly
14for the purposes of this Section shall only be used for grants
15for approved summer school programs for those children with
16disabilities served pursuant to Section 14-7.02 or 14-7.02b of
17this Code.
18    No funding shall be provided to school districts under this
19Section after fiscal year 2016.
20(Source: P.A. 93-1022, eff. 8-24-04.)
 
21    (105 ILCS 5/18-8.05)
22    Sec. 18-8.05. Basis for apportionment of general State
23financial aid and supplemental general State aid to the common
24schools for the 1998-1999 through the 2015-2016 and subsequent
25school years.
 

 

 

SB0231 Engrossed- 311 -LRB099 03162 NHT 23170 b

1(A) General Provisions.
2    (1) The provisions of this Section relating to the
3calculation and apportionment of general State financial aid
4and supplemental general State aid apply to the 1998-1999
5through the 2015-2016 and subsequent school years. The system
6of general State financial aid provided for in this Section is
7designed to assure that, through a combination of State
8financial aid and required local resources, the financial
9support provided each pupil in Average Daily Attendance equals
10or exceeds a prescribed per pupil Foundation Level. This
11formula approach imputes a level of per pupil Available Local
12Resources and provides for the basis to calculate a per pupil
13level of general State financial aid that, when added to
14Available Local Resources, equals or exceeds the Foundation
15Level. The amount of per pupil general State financial aid for
16school districts, in general, varies in inverse relation to
17Available Local Resources. Per pupil amounts are based upon
18each school district's Average Daily Attendance as that term is
19defined in this Section.
20    (2) In addition to general State financial aid, school
21districts with specified levels or concentrations of pupils
22from low income households are eligible to receive supplemental
23general State financial aid grants as provided pursuant to
24subsection (H). The supplemental State aid grants provided for
25school districts under subsection (H) shall be appropriated for

 

 

SB0231 Engrossed- 312 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 313 -LRB099 03162 NHT 23170 b

1    under Section 10-19.1, the general State aid to the school
2    district shall be determined by the State Board of
3    Education in accordance with this Section as near as may be
4    applicable.
5        (d) (Blank).
6    (4) Except as provided in subsections (H) and (L), the
7board of any district receiving any of the grants provided for
8in this Section may apply those funds to any fund so received
9for which that board is authorized to make expenditures by law.
10    School districts are not required to exert a minimum
11Operating Tax Rate in order to qualify for assistance under
12this Section.
13    (5) As used in this Section the following terms, when
14capitalized, shall have the meaning ascribed herein:
15        (a) "Average Daily Attendance": A count of pupil
16    attendance in school, averaged as provided for in
17    subsection (C) and utilized in deriving per pupil financial
18    support levels.
19        (b) "Available Local Resources": A computation of
20    local financial support, calculated on the basis of Average
21    Daily Attendance and derived as provided pursuant to
22    subsection (D).
23        (c) "Corporate Personal Property Replacement Taxes":
24    Funds paid to local school districts pursuant to "An Act in
25    relation to the abolition of ad valorem personal property
26    tax and the replacement of revenues lost thereby, and

 

 

SB0231 Engrossed- 314 -LRB099 03162 NHT 23170 b

1    amending and repealing certain Acts and parts of Acts in
2    connection therewith", certified August 14, 1979, as
3    amended (Public Act 81-1st S.S.-1).
4        (d) "Foundation Level": A prescribed level of per pupil
5    financial support as provided for in subsection (B).
6        (e) "Operating Tax Rate": All school district property
7    taxes extended for all purposes, except Bond and Interest,
8    Summer School, Rent, Capital Improvement, and Vocational
9    Education Building purposes.
 
10(B) Foundation Level.
11    (1) The Foundation Level is a figure established by the
12State representing the minimum level of per pupil financial
13support that should be available to provide for the basic
14education of each pupil in Average Daily Attendance. As set
15forth in this Section, each school district is assumed to exert
16a sufficient local taxing effort such that, in combination with
17the aggregate of general State financial aid provided the
18district, an aggregate of State and local resources are
19available to meet the basic education needs of pupils in the
20district.
21    (2) For the 1998-1999 school year, the Foundation Level of
22support is $4,225. For the 1999-2000 school year, the
23Foundation Level of support is $4,325. For the 2000-2001 school
24year, the Foundation Level of support is $4,425. For the
252001-2002 school year and 2002-2003 school year, the Foundation

 

 

SB0231 Engrossed- 315 -LRB099 03162 NHT 23170 b

1Level of support is $4,560. For the 2003-2004 school year, the
2Foundation Level of support is $4,810. For the 2004-2005 school
3year, the Foundation Level of support is $4,964. For the
42005-2006 school year, the Foundation Level of support is
5$5,164. For the 2006-2007 school year, the Foundation Level of
6support is $5,334. For the 2007-2008 school year, the
7Foundation Level of support is $5,734. For the 2008-2009 school
8year, the Foundation Level of support is $5,959.
9    (3) For the 2009-2010 school year and each school year
10thereafter, the Foundation Level of support is $6,119 or such
11greater amount as may be established by law by the General
12Assembly.
 
13(C) Average Daily Attendance.
14    (1) For purposes of calculating general State aid pursuant
15to subsection (E), an Average Daily Attendance figure shall be
16utilized. The Average Daily Attendance figure for formula
17calculation purposes shall be the monthly average of the actual
18number of pupils in attendance of each school district, as
19further averaged for the best 3 months of pupil attendance for
20each school district. In compiling the figures for the number
21of pupils in attendance, school districts and the State Board
22of Education shall, for purposes of general State aid funding,
23conform attendance figures to the requirements of subsection
24(F).
25    (2) The Average Daily Attendance figures utilized in

 

 

SB0231 Engrossed- 316 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 317 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 318 -LRB099 03162 NHT 23170 b

1to each school district during the calendar year one year
2before the calendar year in which a school year begins, divided
3by the Average Daily Attendance figure for that district, shall
4be added to the local property tax revenues per pupil as
5derived by the application of the immediately preceding
6paragraph (3). The sum of these per pupil figures for each
7school district shall constitute Available Local Resources as
8that term is utilized in subsection (E) in the calculation of
9general State aid.
 
10(E) Computation of General State Aid.
11    (1) For each school year, the amount of general State aid
12allotted to a school district shall be computed by the State
13Board of Education as provided in this subsection.
14    (2) For any school district for which Available Local
15Resources per pupil is less than the product of 0.93 times the
16Foundation Level, general State aid for that district shall be
17calculated as an amount equal to the Foundation Level minus
18Available Local Resources, multiplied by the Average Daily
19Attendance of the school district.
20    (3) For any school district for which Available Local
21Resources per pupil is equal to or greater than the product of
220.93 times the Foundation Level and less than the product of
231.75 times the Foundation Level, the general State aid per
24pupil shall be a decimal proportion of the Foundation Level
25derived using a linear algorithm. Under this linear algorithm,

 

 

SB0231 Engrossed- 319 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 320 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 321 -LRB099 03162 NHT 23170 b

1    Average Daily Attendance for the district, the average
2    daily attendance for the year-round buildings shall be
3    multiplied by the days in session for the non-year-round
4    buildings for each month and added to the monthly
5    attendance of the non-year-round buildings.
6    Except as otherwise provided in this Section, days of
7attendance by pupils shall be counted only for sessions of not
8less than 5 clock hours of school work per day under direct
9supervision of: (i) teachers, or (ii) non-teaching personnel or
10volunteer personnel when engaging in non-teaching duties and
11supervising in those instances specified in subsection (a) of
12Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
13of legal school age and in kindergarten and grades 1 through
1412. Days of attendance by pupils through verified participation
15in an e-learning program approved by the State Board of
16Education under Section 10-20.56 of the Code shall be
17considered as full days of attendance for purposes of this
18Section.
19    Days of attendance by tuition pupils shall be accredited
20only to the districts that pay the tuition to a recognized
21school.
22    (2) Days of attendance by pupils of less than 5 clock hours
23of school shall be subject to the following provisions in the
24compilation of Average Daily Attendance.
25        (a) Pupils regularly enrolled in a public school for
26    only a part of the school day may be counted on the basis

 

 

SB0231 Engrossed- 322 -LRB099 03162 NHT 23170 b

1    of 1/6 day for every class hour of instruction of 40
2    minutes or more attended pursuant to such enrollment,
3    unless a pupil is enrolled in a block-schedule format of 80
4    minutes or more of instruction, in which case the pupil may
5    be counted on the basis of the proportion of minutes of
6    school work completed each day to the minimum number of
7    minutes that school work is required to be held that day.
8        (b) (Blank).
9        (c) A session of 4 or more clock hours may be counted
10    as a day of attendance upon certification by the regional
11    superintendent, and approved by the State Superintendent
12    of Education to the extent that the district has been
13    forced to use daily multiple sessions.
14        (d) A session of 3 or more clock hours may be counted
15    as a day of attendance (1) when the remainder of the school
16    day or at least 2 hours in the evening of that day is
17    utilized for an in-service training program for teachers,
18    up to a maximum of 5 days per school year, provided a
19    district conducts an in-service training program for
20    teachers in accordance with Section 10-22.39 of this Code;
21    or, in lieu of 4 such days, 2 full days may be used, in
22    which event each such day may be counted as a day required
23    for a legal school calendar pursuant to Section 10-19 of
24    this Code; (1.5) when, of the 5 days allowed under item
25    (1), a maximum of 4 days are used for parent-teacher
26    conferences, or, in lieu of 4 such days, 2 full days are

 

 

SB0231 Engrossed- 323 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 324 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 325 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 326 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 327 -LRB099 03162 NHT 23170 b

1funds of the district as of September 30 of the previous year
2and (ii) the limiting rate for all school districts subject to
3property tax extension limitations as imposed under the
4Property Tax Extension Limitation Law.
5    The Department of Revenue shall add to the equalized
6assessed value of all taxable property of each school district
7situated entirely or partially within a county that is or was
8subject to the provisions of Section 15-176 or 15-177 of the
9Property Tax Code (a) an amount equal to the total amount by
10which the homestead exemption allowed under Section 15-176 or
1115-177 of the Property Tax Code for real property situated in
12that school district exceeds the total amount that would have
13been allowed in that school district if the maximum reduction
14under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
15all other counties in tax year 2003 or (ii) $5,000 in all
16counties in tax year 2004 and thereafter and (b) an amount
17equal to the aggregate amount for the taxable year of all
18additional exemptions under Section 15-175 of the Property Tax
19Code for owners with a household income of $30,000 or less. The
20county clerk of any county that is or was subject to the
21provisions of Section 15-176 or 15-177 of the Property Tax Code
22shall annually calculate and certify to the Department of
23Revenue for each school district all homestead exemption
24amounts under Section 15-176 or 15-177 of the Property Tax Code
25and all amounts of additional exemptions under Section 15-175
26of the Property Tax Code for owners with a household income of

 

 

SB0231 Engrossed- 328 -LRB099 03162 NHT 23170 b

1$30,000 or less. It is the intent of this paragraph that if the
2general homestead exemption for a parcel of property is
3determined under Section 15-176 or 15-177 of the Property Tax
4Code rather than Section 15-175, then the calculation of
5Available Local Resources shall not be affected by the
6difference, if any, between the amount of the general homestead
7exemption allowed for that parcel of property under Section
815-176 or 15-177 of the Property Tax Code and the amount that
9would have been allowed had the general homestead exemption for
10that parcel of property been determined under Section 15-175 of
11the Property Tax Code. It is further the intent of this
12paragraph that if additional exemptions are allowed under
13Section 15-175 of the Property Tax Code for owners with a
14household income of less than $30,000, then the calculation of
15Available Local Resources shall not be affected by the
16difference, if any, because of those additional exemptions.
17    This equalized assessed valuation, as adjusted further by
18the requirements of this subsection, shall be utilized in the
19calculation of Available Local Resources.
20    (2) The equalized assessed valuation in paragraph (1) shall
21be adjusted, as applicable, in the following manner:
22        (a) For the purposes of calculating State aid under
23    this Section, with respect to any part of a school district
24    within a redevelopment project area in respect to which a
25    municipality has adopted tax increment allocation
26    financing pursuant to the Tax Increment Allocation

 

 

SB0231 Engrossed- 329 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 330 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 331 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 332 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 333 -LRB099 03162 NHT 23170 b

1with Article 11E of this Code shall not be eligible for the
2adjustment in this subsection (G)(3) until the fifth year
3following the effective date of the reorganization.
4    (3.5) For the 2010-2011 school year and each school year
5thereafter, if a school district's boundaries span multiple
6counties, then the Department of Revenue shall send to the
7State Board of Education, for the purpose of calculating
8general State aid, the limiting rate and individual rates by
9purpose for the county that contains the majority of the school
10district's Equalized Assessed Valuation.
11    (4) For the purposes of calculating general State aid for
12the 1999-2000 school year only, if a school district
13experienced a triennial reassessment on the equalized assessed
14valuation used in calculating its general State financial aid
15apportionment for the 1998-1999 school year, the State Board of
16Education shall calculate the Extension Limitation Equalized
17Assessed Valuation that would have been used to calculate the
18district's 1998-1999 general State aid. This amount shall equal
19the product of the equalized assessed valuation used to
20calculate general State aid for the 1997-1998 school year and
21the district's Extension Limitation Ratio. If the Extension
22Limitation Equalized Assessed Valuation of the school district
23as calculated under this paragraph (4) is less than the
24district's equalized assessed valuation utilized in
25calculating the district's 1998-1999 general State aid
26allocation, then for purposes of calculating the district's

 

 

SB0231 Engrossed- 334 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 335 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 336 -LRB099 03162 NHT 23170 b

1to this paragraph (1) by Public Act 92-28 shall apply to
2supplemental general State aid grants for school years
3preceding the 2003-2004 school year that are paid in fiscal
4year 1999 or thereafter and to any State aid payments made in
5fiscal year 1994 through fiscal year 1998 pursuant to
6subsection 1(n) of Section 18-8 of this Code (which was
7repealed on July 1, 1998), and any high school district that is
8affected by Public Act 92-28 is entitled to a recomputation of
9its supplemental general State aid grant or State aid paid in
10any of those fiscal years. This recomputation shall not be
11affected by any other funding.
12    (1.10) This paragraph (1.10) applies to the 2003-2004
13school year and each school year thereafter through the
142015-2016 school year. For purposes of this subsection (H), the
15term "Low-Income Concentration Level" shall, for each fiscal
16year, be the low-income eligible pupil count as of July 1 of
17the immediately preceding fiscal year (as determined by the
18Department of Human Services based on the number of pupils who
19are eligible for at least one of the following low income
20programs: Medicaid, the Children's Health Insurance Program,
21TANF, or Food Stamps, excluding pupils who are eligible for
22services provided by the Department of Children and Family
23Services, averaged over the 2 immediately preceding fiscal
24years for fiscal year 2004 and over the 3 immediately preceding
25fiscal years for each fiscal year thereafter) divided by the
26Average Daily Attendance of the school district.

 

 

SB0231 Engrossed- 337 -LRB099 03162 NHT 23170 b

1    (2) Supplemental general State aid pursuant to this
2subsection (H) shall be provided as follows for the 1998-1999,
31999-2000, and 2000-2001 school years only:
4        (a) For any school district with a Low Income
5    Concentration Level of at least 20% and less than 35%, the
6    grant for any school year shall be $800 multiplied by the
7    low income eligible pupil count.
8        (b) For any school district with a Low Income
9    Concentration Level of at least 35% and less than 50%, the
10    grant for the 1998-1999 school year shall be $1,100
11    multiplied by the low income eligible pupil count.
12        (c) For any school district with a Low Income
13    Concentration Level of at least 50% and less than 60%, the
14    grant for the 1998-99 school year shall be $1,500
15    multiplied by the low income eligible pupil count.
16        (d) For any school district with a Low Income
17    Concentration Level of 60% or more, the grant for the
18    1998-99 school year shall be $1,900 multiplied by the low
19    income eligible pupil count.
20        (e) For the 1999-2000 school year, the per pupil amount
21    specified in subparagraphs (b), (c), and (d) immediately
22    above shall be increased to $1,243, $1,600, and $2,000,
23    respectively.
24        (f) For the 2000-2001 school year, the per pupil
25    amounts specified in subparagraphs (b), (c), and (d)
26    immediately above shall be $1,273, $1,640, and $2,050,

 

 

SB0231 Engrossed- 338 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 339 -LRB099 03162 NHT 23170 b

1    school year shall be $2,080 multiplied by the low income
2    eligible pupil count.
3    (2.10) Except as otherwise provided, supplemental general
4State aid pursuant to this subsection (H) shall be provided as
5follows for the 2003-2004 school year and each school year
6thereafter:
7        (a) For any school district with a Low Income
8    Concentration Level of 15% or less, the grant for each
9    school year shall be $355 multiplied by the low income
10    eligible pupil count.
11        (b) For any school district with a Low Income
12    Concentration Level greater than 15%, the grant for each
13    school year shall be $294.25 added to the product of $2,700
14    and the square of the Low Income Concentration Level, all
15    multiplied by the low income eligible pupil count.
16    For the 2003-2004 school year and each school year
17thereafter through the 2008-2009 school year only, the grant
18shall be no less than the grant for the 2002-2003 school year.
19For the 2009-2010 school year only, the grant shall be no less
20than the grant for the 2002-2003 school year multiplied by
210.66. For the 2010-2011 school year only, the grant shall be no
22less than the grant for the 2002-2003 school year multiplied by
230.33. Notwithstanding the provisions of this paragraph to the
24contrary, if for any school year supplemental general State aid
25grants are prorated as provided in paragraph (1) of this
26subsection (H), then the grants under this paragraph shall be

 

 

SB0231 Engrossed- 340 -LRB099 03162 NHT 23170 b

1prorated.
2    For the 2003-2004 school year only, the grant shall be no
3greater than the grant received during the 2002-2003 school
4year added to the product of 0.25 multiplied by the difference
5between the grant amount calculated under subsection (a) or (b)
6of this paragraph (2.10), whichever is applicable, and the
7grant received during the 2002-2003 school year. For the
82004-2005 school year only, the grant shall be no greater than
9the grant received during the 2002-2003 school year added to
10the product of 0.50 multiplied by the difference between the
11grant amount calculated under subsection (a) or (b) of this
12paragraph (2.10), whichever is applicable, and the grant
13received during the 2002-2003 school year. For the 2005-2006
14school year only, the grant shall be no greater than the grant
15received during the 2002-2003 school year added to the product
16of 0.75 multiplied by the difference between the grant amount
17calculated under subsection (a) or (b) of this paragraph
18(2.10), whichever is applicable, and the grant received during
19the 2002-2003 school year.
20    (3) School districts with an Average Daily Attendance of
21more than 1,000 and less than 50,000 that qualify for
22supplemental general State aid pursuant to this subsection
23shall submit a plan to the State Board of Education prior to
24October 30 of each year for the use of the funds resulting from
25this grant of supplemental general State aid for the
26improvement of instruction in which priority is given to

 

 

SB0231 Engrossed- 341 -LRB099 03162 NHT 23170 b

1meeting the education needs of disadvantaged children. Such
2plan shall be submitted in accordance with rules and
3regulations promulgated by the State Board of Education.
4    (4) School districts with an Average Daily Attendance of
550,000 or more that qualify for supplemental general State aid
6pursuant to this subsection shall be required to distribute
7from funds available pursuant to this Section, no less than
8$261,000,000 in accordance with the following requirements:
9        (a) The required amounts shall be distributed to the
10    attendance centers within the district in proportion to the
11    number of pupils enrolled at each attendance center who are
12    eligible to receive free or reduced-price lunches or
13    breakfasts under the federal Child Nutrition Act of 1966
14    and under the National School Lunch Act during the
15    immediately preceding school year.
16        (b) The distribution of these portions of supplemental
17    and general State aid among attendance centers according to
18    these requirements shall not be compensated for or
19    contravened by adjustments of the total of other funds
20    appropriated to any attendance centers, and the Board of
21    Education shall utilize funding from one or several sources
22    in order to fully implement this provision annually prior
23    to the opening of school.
24        (c) Each attendance center shall be provided by the
25    school district a distribution of noncategorical funds and
26    other categorical funds to which an attendance center is

 

 

SB0231 Engrossed- 342 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 343 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 344 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 345 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 346 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 347 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 348 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 349 -LRB099 03162 NHT 23170 b

1    The Education Funding Advisory Board shall be deemed
2established, and the initial members appointed by the Governor
3to serve as members of the Board shall take office, on the date
4that the Governor makes his or her appointment of the fifth
5initial member of the Board, whether those initial members are
6then serving pursuant to appointment and confirmation or
7pursuant to temporary appointments that are made by the
8Governor as in the case of vacancies.
9    The State Board of Education shall provide such staff
10assistance to the Education Funding Advisory Board as is
11reasonably required for the proper performance by the Board of
12its responsibilities.
13    For school years after the 2000-2001 school year through
14the 2015-2016 school year, the Education Funding Advisory
15Board, in consultation with the State Board of Education, shall
16make recommendations as provided in this subsection (M) to the
17General Assembly for the foundation level under subdivision
18(B)(3) of this Section and for the supplemental general State
19aid grant level under subsection (H) of this Section for
20districts with high concentrations of children from poverty.
21The recommended foundation level shall be determined based on a
22methodology which incorporates the basic education
23expenditures of low-spending schools exhibiting high academic
24performance. The Education Funding Advisory Board shall make
25such recommendations to the General Assembly on January 1 of
26odd numbered years, beginning January 1, 2001. After the

 

 

SB0231 Engrossed- 350 -LRB099 03162 NHT 23170 b

12015-2016 school year, the Education Funding Advisory Board
2shall make recommendations pursuant to subsection (k) of
3Section 18-8.15 of this Code.
 
4(N) (Blank).
 
5(O) References.
6    (1) References in other laws to the various subdivisions of
7Section 18-8 as that Section existed before its repeal and
8replacement by this Section 18-8.05 shall be deemed to refer to
9the corresponding provisions of this Section 18-8.05, to the
10extent that those references remain applicable.
11    (2) References in other laws to State Chapter 1 funds shall
12be deemed to refer to the supplemental general State aid
13provided under subsection (H) of this Section.
 
14(P) Public Act 93-838 and Public Act 93-808 make inconsistent
15changes to this Section. Under Section 6 of the Statute on
16Statutes there is an irreconcilable conflict between Public Act
1793-808 and Public Act 93-838. Public Act 93-838, being the last
18acted upon, is controlling. The text of Public Act 93-838 is
19the law regardless of the text of Public Act 93-808.
 
20(Q) State Fiscal Year 2015 Payments.
21    For payments made for State fiscal year 2015, the State
22Board of Education shall, for each school district, calculate

 

 

SB0231 Engrossed- 351 -LRB099 03162 NHT 23170 b

1that district's pro-rata share of a minimum sum of $13,600,000
2or additional amounts as needed from the total net General
3State Aid funding as calculated under this Section that shall
4be deemed attributable to the provision of special educational
5facilities and services, as defined in Section 14-1.08 of this
6Code, in a manner that ensures compliance with maintenance of
7State financial support requirements under the federal
8Individuals with Disabilities Education Act. Each school
9district must use such funds only for the provision of special
10educational facilities and services, as defined in Section
1114-1.08 of this Code, and must comply with any expenditure
12verification procedures adopted by the State Board of
13Education.
14(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
15eff. 7-30-15.)
 
16    (105 ILCS 5/18-8.10)
17    Sec. 18-8.10. Fast growth grants.
18    (a) If there has been an increase in a school district's
19student population over the most recent 2 school years of (i)
20over 1.5% in a district with over 10,000 pupils in average
21daily attendance (as defined in Section 18-8.05 or 18-8.15 of
22this Code) or (ii) over 7.5% in any other district, then the
23district is eligible for a grant under this Section, subject to
24appropriation.
25    (b) The State Board of Education shall determine a per

 

 

SB0231 Engrossed- 352 -LRB099 03162 NHT 23170 b

1pupil grant amount for each school district. The total grant
2amount for a district for any given school year shall equal the
3per pupil grant amount multiplied by the difference between the
4number of pupils in average daily attendance for the 2 most
5recent school years.
6    (c) Funds for grants under this Section must be
7appropriated to the State Board of Education in a separate line
8item for this purpose. If the amount appropriated in any fiscal
9year is insufficient to pay all grants for a school year, then
10the amount appropriated shall be prorated among eligible
11districts. As soon as possible after funds have been
12appropriated to the State Board of Education, the State Board
13of Education shall distribute the grants to eligible districts.
14    (d) If a school district intentionally reports incorrect
15average daily attendance numbers to receive a grant under this
16Section, then the district shall be denied State aid in the
17same manner as State aid is denied for intentional incorrect
18reporting of average daily attendance numbers under Section
1918-8.05 or 18-8.15 of this Code.
20(Source: P.A. 93-1042, eff. 10-8-04.)
 
21    (105 ILCS 5/18-8.15 new)
22    Sec. 18-8.15. Basis for apportionment of primary State
23financial aid to the common schools for the 2016-2017 and
24subsequent school years.
25    (a) General provisions.

 

 

SB0231 Engrossed- 353 -LRB099 03162 NHT 23170 b

1    (1) The provisions of this Section apply to the 2016-2017
2and subsequent school years. The system of primary State
3financial aid provided for in this Section is designed to
4ensure that, through a combination of State financial aid and
5required local resources, the financial support provided each
6pupil in attendance equals or exceeds a prescribed per pupil
7Foundation Level, with adjustments to the Foundation Level
8based on each school district's pupil characteristics. This
9formula approach imputes a level of per pupil Available Local
10Resources and provides for the basis to calculate a per pupil
11level of primary State financial aid that, when added to
12Available Local Resources, equals or exceeds the school
13district's adjusted Foundation Level. The amount of per pupil
14primary State financial aid for school districts, in general,
15varies in inverse relation to Available Local Resources.
16    (2) To address decreases in State funding resulting from
17this amendatory Act of the 99th General Assembly, the amount of
18primary State aid provided to a school district shall be
19subject to increase through supplemental grants as provided in
20subsection (h) of this Section. Any supplemental grants
21provided for school districts under subsection (h) of this
22Section shall be appropriated for distribution to school
23districts as part of the same line item in which the primary
24State financial aid of school districts is appropriated under
25this Section.
26    (3) To receive financial assistance under this Section,

 

 

SB0231 Engrossed- 354 -LRB099 03162 NHT 23170 b

1school districts are required to file claims with the State
2Board of Education, subject to the following requirements:
3        (A) Any school district that fails, for any given
4    school year, to maintain school as required by law or to
5    maintain a recognized school is not eligible to receive
6    financial assistance under this Section. In case of
7    non-recognition of one or more attendance centers in a
8    school district otherwise operating recognized schools,
9    the claim of the district shall be reduced in the
10    proportion that the enrollment in the attendance center or
11    centers bears to the enrollment in the school district. A
12    "recognized school" means any public school that meets the
13    standards established for recognition by the State Board of
14    Education. A school district or attendance center not
15    having recognition status at the end of a school term is
16    entitled to receive State aid payments due upon a legal
17    claim that was filed while it was recognized.
18        (B) School district claims filed under this Section are
19    subject to Sections 18-9 and 18-12 of this Code, except as
20    otherwise provided in this Section.
21        (C) If a school district operates a full-year school
22    under Section 10-19.1 of this Code, the primary State aid
23    to the school district shall be determined by the State
24    Board of Education in accordance with this Section as near
25    as may be applicable.
26    (4) Subject to the requirements of subsection (j) of this

 

 

SB0231 Engrossed- 355 -LRB099 03162 NHT 23170 b

1Section, the school board of any district receiving any of the
2grants provided for in this Section may apply those funds to
3any fund so received for which that school board is authorized
4to make expenditures by law.
5    (5) As used in this Section, the following terms, when
6capitalized, shall have the meanings ascribed in this paragraph
7(5):
8    "Additional Weight" means a number added to 1.0 to
9calculate the District Weighted Average in accordance with
10subsection (b) of this Section. Each Additional Weight is
11calculated using the Weighting Factors and Weighting
12Percentages in paragraph (5) of subsection (b) of this Section.
13    "Adequacy Grant Loss" means the product of (i) the absolute
14value of the lesser loss of a school district's Base Year Loss
15or Current Year Loss and (ii) the school district's Prior Year
16ADA.
17    "Adequacy Target" means, for a particular school district,
18the product of $8,672 and the school district's District
19Weighted Average.
20    "Adequacy Target Percent" means, for a particular school
21district, the percentage figure resulting from dividing the
22school district's operating expense per pupil by its Adequacy
23Target.
24    "Adjusted Flat Grant Level" means, for each school district
25not subject to property tax extension limitations as imposed
26under the Property Tax Extension Limitation Law, the Flat Grant

 

 

SB0231 Engrossed- 356 -LRB099 03162 NHT 23170 b

1Level multiplied by the percentage, if any, of which the school
2district's combined tax rate for educational and operations and
3maintenance purposes is of the maximum combined tax rates for
4educational and operations and maintenance purposes specified
5for that type of school district under Section 17-2 of this
6Code. For a school district subject to property tax extension
7limitations as imposed under the Property Tax Extension
8Limitation Law or a school district whose combined tax rate for
9educational and operations and maintenance purposes is at least
10the maximum combined tax rates for educational and operations
11and maintenance purposes specified for that type of school
12district under Section 17-2 of this Code, the Adjusted Flat
13Grant Level is equal to the Flat Grant Level.
14    "Advanced Standing Pupil" means a pupil in grades 9 through
1512 who has completed (i) one or more Advanced Placement courses
16and received a score of 3 or higher on an Advanced Placement
17examination or (ii) a course providing dual credit through an
18Illinois public community college or university in which the
19student was awarded at least 3 credit hours of postsecondary
20education credit.
21    "Alternative School" means a public school that is created
22and operated by a regional superintendent of schools and
23approved by the State Board of Education.
24    "Available Local Resources Per Pupil" means a computation
25of local financial support, calculated on the basis of Average
26Daily Attendance and derived as provided pursuant to subsection

 

 

SB0231 Engrossed- 357 -LRB099 03162 NHT 23170 b

1(d) of this Section.
2    "Average Daily Attendance" or "ADA" means the count of
3pupils in attendance derived as provided pursuant to subsection
4(c) of this Section.
5    "Base Tax Year" means the property tax levy year used to
6calculate the Budget Year allocation of primary State aid.
7    "Base Tax Year's Extension" means the product of the
8equalized assessed valuation utilized by the county clerk in
9the Base Tax Year multiplied by the limiting rate as calculated
10by the county clerk and defined in the Property Tax Extension
11Limitation Law.
12    "Base Year Loss" means the amount, if any, by which a
13school district's per-pupil primary State aid allotment in the
142016-2017 school year is less than its Per-pupil Hold Harmless
15State Funding, after accounting for any supplemental grants to
16the school district pursuant to paragraphs (2) and (3) of
17subsection (h) of this Section.
18    "Budget Year" means the school year for which primary State
19aid is calculated and awarded under subsection (e) of this
20Section.
21    "Career Pathway Completer" means a pupil who has graduated
22from high school and completed a Career Pathway Program in
23accordance with requirements established by the State Board of
24Education.
25    "Career Pathway Participant" means a pupil in grades 10
26through 12 participating in a Career Pathway Program in

 

 

SB0231 Engrossed- 358 -LRB099 03162 NHT 23170 b

1accordance with requirements established by the State Board of
2Education.
3    "Career Pathway Program" means a series of connected
4education and training strategies and support services meeting
5the requirements of this definition and other requirements
6established by the State Board of Education that enable
7individuals to secure credentials and degrees with labor market
8value, prepare for employment within an occupational area, and
9advance to higher levels of future education and employment in
10that area. Career pathway programs must incorporate (i)
11rigorous academics that prepare students for success in
12community colleges and universities, as well as in
13apprenticeship and other postsecondary training programs; (ii)
14career-based learning through at least 2 years of sequenced
15coursework or equivalent competencies emphasizing practical
16application within a particular sector and occupational area;
17(iii) professional learning, via job shadowing,
18apprenticeships, internships, or other professional
19skill-building opportunities; (iv) support services that
20include academic and career counseling and planning; and (v)
21opportunities for attainment of stackable credentials and
22degrees with labor market value.
23    "Corporate Personal Property Replacement Taxes" means
24funds paid to school districts pursuant to "An Act in relation
25to the abolition of ad valorem personal property tax and the
26replacement of revenues lost thereby, and amending and

 

 

SB0231 Engrossed- 359 -LRB099 03162 NHT 23170 b

1repealing certain Acts and parts of Acts in connection
2therewith", certified August 14, 1979, as amended (Public Act
381-1st S.S.-1).
4    "Current Year Loss" means the amount, if any, by which a
5school district's per-pupil primary State aid allotment in any
6school year after the 2016-2017 school year is less than its
7Per-pupil Hold Harmless State Funding, after accounting for any
8supplemental grants to the school district pursuant to
9paragraphs (2) and (3) of subsection (h) of this Section.
10    "DHS Low-income Eligible Count" means the low-income
11eligible pupil count as determined by the Department of Human
12Services (based on the number of pupils who are eligible for at
13least one of the following low-income programs: Medicaid, the
14Children's Health Insurance Program, TANF, or the Supplemental
15Nutrition Assistance Program, excluding pupils who are
16eligible for services provided by the Department of Children
17and Family Services) averaged over the 3 immediately preceding
18fiscal years, based on the count as of July 1 of each fiscal
19year.
20    "District Weighted Average" means a figure used to derive a
21school district's Per-pupil Aid level, calculated pursuant to
22subsection (b) of this Section.
23    "English Learner Pupil" means an English learner, as
24defined in Section 14C-2 of this Code, participating in a
25program of transitional bilingual education or a transitional
26program of instruction meeting the requirements of Article 14C

 

 

SB0231 Engrossed- 360 -LRB099 03162 NHT 23170 b

1of this Code.
2    "Extension Limitation Equalized Assessed Valuation" means
3a figure calculated by the State Board of Education pursuant to
4paragraph (2) of subsection (h) of this Section for school
5districts subject to property tax extension limitations as
6imposed under the Property Tax Extension Limitation Law.
7    "Extension Limitation Ratio" means a numerical ratio in
8which the numerator is the Base Tax Year's Tax Extension and
9the denominator is the Preceding Tax Year's Tax Extension.
10    "Flat Grant Level" means a dollar amount equal to 3.0% of a
11school district's Weighted Foundation Level.
12    "Foundation Level" means a prescribed level of per pupil
13financial support, as provided for in subsection (b) of this
14Section.
15    "Gifted Pupil" means a pupil in kindergarten through grade
168 receiving services through a program for gifted and talented
17children that has been approved by a school board and that is
18described on a school district's Internet website.
19    "Hold Harmless State Funding" means the amount of State
20funds allotted to a school district, Laboratory School, or
21Alternative School during the 2015-2016 school year pursuant to
22the following Sections of this Code, as calculated by the State
23Board of Education: Sections 18-8.05; 14-7.02b; 14-7.03, but
24only with respect to reimbursement for children from foster
25family homes; 14-13.01, except for reimbursement of the cost of
26transportation pursuant to that Section; 14C-12; and 18-4.3.

 

 

SB0231 Engrossed- 361 -LRB099 03162 NHT 23170 b

1For a school district organized under Article 34 of this Code,
2"Hold Harmless State Funding" also includes the funds allotted
3to the school district pursuant to Section 1D-1 of this Code
4attributable to funding programs authorized by the Sections of
5this Code listed in this definition.
6    "Laboratory School" means a public school that is created
7and operated by a public university and approved by the State
8Board of Education.
9    "Low-income Pupil" means a pupil from a household with a
10household income level at or below 185% of the poverty
11guidelines updated periodically in the Federal Register by the
12U.S. Department of Health and Human Services under the
13authority of 42 U.S.C. 9902(2).
14    "Operating Tax Rate" means all school district property
15taxes extended for all purposes, except bond and interest,
16summer school, rent, capital improvement, and vocational
17education building purposes.
18    "Per-pupil Aid" means a school district's Weighted
19Foundation Level less its Available Local Resources Per Pupil.
20    "Per-pupil Hold Harmless State Funding" means a school
21district's Hold Harmless State Funding, divided by the school
22district's Average Daily Attendance figure as calculated
23pursuant to subsection (F) of Section 18-8.05 of this Code
24during the 2015-2016 school year.
25    "Preceding Tax Year" means the property tax levy year
26immediately preceding the Base Tax Year.

 

 

SB0231 Engrossed- 362 -LRB099 03162 NHT 23170 b

1    "Preceding Tax Year's Tax Extension" means the product of
2the equalized assessed valuation utilized by the county clerk
3in the Preceding Tax Year multiplied by the Operating Tax Rate.
4    "Prior Year ADA" means the number of pupils within the
5count of pupils in attendance used for Average Daily Attendance
6calculations for the school year immediately preceding the
7school year for which primary State aid is calculated and
8awarded under subsection (e) of this Section.
9    "PTELL EAV floor school district" means either (i) a school
10district with an Adequacy Target Percent of 100% or higher (as
11calculated pursuant to paragraph (4) of subsection (h) of this
12Section, notwithstanding any limitations in that paragraph on
13the school years in which adequacy grants are administered) or
14(ii) a school district with an Adequacy Target Percent of less
15than 100% if the school district has an Operating Tax Rate that
16is 95% or lower than the applicable statewide weighted-average
17Operating Tax Rate for that type of school district (as
18calculated pursuant to paragraph (4) of subsection (h) of this
19Section, notwithstanding any limitations in that paragraph on
20the school years in which adequacy grants are administered).
21    "PTELL PSA Adjustment" means the amount of primary State
22aid a school district would receive under subsection (e) of
23this Section if the Extension Limitation Equalized Assessed
24Valuation was used for calculating the school district's
25primary State aid for the Budget Year instead of the district's
26equalized assessed valuation as calculated pursuant to

 

 

SB0231 Engrossed- 363 -LRB099 03162 NHT 23170 b

1paragraphs (1) and (2) of subsection (g) of this Section.
2    "Residential Boarding School Program" means a residential
3school for students in jeopardy of academic failure and
4impacted by one or more adverse childhood experiences. A
5residential program includes:
6        (A) a remedial, regular, and gifted curriculum for
7    school grades 2 through 8;
8        (B) a residential component focused on social and
9    emotional well-being, safety, and life skills;
10        (C) extracurricular activities, including a military
11    leadership program, vocational education program, music
12    and art, athletics, and cultural events;
13        (D) health and mental health services;
14        (E) tutoring and a learning resource center that
15    provides individualized and small group instruction;
16        (F) community service, volunteering, and service
17    learning activities;
18        (G) a parent partnering program, which includes family
19    therapy (if needed), home visits, and parental support and
20    education and promotes familial integration into all
21    aspects of programming;
22        (H) programs that are preventative for students,
23    diverting them from such outcomes as:
24            (i) reliance on social service programs;
25            (ii) dangerous behaviors;
26            (iii) untreated or unmanaged mental and medical

 

 

SB0231 Engrossed- 364 -LRB099 03162 NHT 23170 b

1        illnesses;
2            (iv) unemployment;
3            (v) crime; and
4            (vi) involvement with the justice system;
5        (I) year-round programming, including summer camp and
6    academic enrichment; and
7        (J) Professional development focused on language arts
8    and reading standards, mathematics standards, science
9    standards, technology standards, and developmental or life
10    skill standards using innovative and best practices for all
11    students.
12    "Special Education Summer School Pupil" means a child with
13disabilities participating in a summer school program meeting
14the fiscal year 2016 eligibility requirements for a summer
15school grant under Section 18-4.3 of this Code.
16    "Statewide weighted-average" means an average calculation
17for all school districts in this State in which a weighting is
18assigned to each school district's quantity in the average
19calculation based on its Prior Year ADA.
20    "Total Primary State Aid" means the amount of primary State
21aid allotted to a school district pursuant to subsection (e) of
22this Section and any supplemental grants allotted pursuant to
23paragraphs (2), (3), and (4) of subsection (h) of this Section.
24    "Weighted Foundation Level" means the Foundation Level
25multiplied by the District Weighted Average.
26    "Weighted Foundation Level Budget" means, for a particular

 

 

SB0231 Engrossed- 365 -LRB099 03162 NHT 23170 b

1school district, the Weighted Foundation Level multiplied by
2the ADA.
3    "Weighting Factor" means, for each Additional Weight
4classification in paragraph (5) of subsection (b) of this
5Section, the amount multiplied by the Weighting Percentage to
6calculate the Additional Weight figure.
7    "Weighting Percentage" means, for each Additional Weight
8classification in paragraph (5) of subsection (b) of this
9Section, the amount multiplied by the Weighting Factor to
10calculate the Additional Weight figure.
11    (b) Foundation Level; weighting for district pupil
12characteristics.
13    (1) The Foundation Level is a figure established by this
14State representing the minimum level of per pupil financial
15support that should be available to provide for the basic
16education of each pupil in Average Daily Attendance in a public
17school in this State. Then, for each school district, the
18Foundation Level is weighted in accordance with the Additional
19Weights set forth in paragraph (5) of this subsection (b) to
20account for the pupil characteristics within that school
21district, and, if applicable, a Regionalization Factor
22determined pursuant to paragraph (6) of this subsection (b) is
23applied to account for regional variation in wages. As set
24forth in this Section, each school district is assumed to exert
25a sufficient local taxing effort such that, in combination with
26the aggregate of primary State financial aid provided the

 

 

SB0231 Engrossed- 366 -LRB099 03162 NHT 23170 b

1district, an aggregate of State and local resources are
2available to meet the basic education needs of pupils in the
3district.
4    (2) Subject to paragraph (3) of this subsection (b), for
5the 2016-2017 school year and each school year thereafter, the
6Foundation Level of support is $6,119 or such greater amount as
7may be established by law by the General Assembly.
8    (3) If the appropriation in any fiscal year for primary
9State aid and the supplemental grants provided for in
10paragraphs (2) and (3) of subsection (h) of this Section is
11insufficient to pay the amounts required under the calculations
12set forth in this Section, then the State Board of Education
13shall adjust the Foundation Level to an amount so that the
14appropriation is sufficient to pay all primary State aid and
15the supplemental grants provided for in paragraphs (2) through
16(4) of subsection (h) of this Section.
17    (4) For each school district, the Foundation Level shall be
18adjusted by multiplying the Foundation Level by a District
19Weighted Average figure, resulting in the school district's
20Weighted Foundation Level. The District Weighted Average
21figure for a particular school district shall be a number equal
22to 1.0 plus each of the Additional Weights described in
23paragraph (5) of this subsection (b) applicable to that
24district. In addition, if applicable for a particular school
25district pursuant to paragraph (6) of this subsection (b), the
261.0 figure and each Additional Weight shall be multiplied by a

 

 

SB0231 Engrossed- 367 -LRB099 03162 NHT 23170 b

1Regionalization Factor to determine its District Weighted
2Average calculation. For each Additional Weight, the figure
3included in the District Weighted Average prior to the
4application of any Regionalization Factor is the product of the
5Weighting Factor multiplied by the Weighting Percentage, as
6both are specified in paragraph (5) of this subsection (b). For
7each school district, the State Board of Education shall
8publicly report the district's District Weighted Average,
9Weighted Foundation Level, Additional Weights, Regionalization
10Factor multiplier, amount of the Weighted Foundation Level
11Budget attributable to each Additional Weight on an aggregate
12and per-student basis, and amount of primary State aid received
13attributable to each Additional Weight on an aggregate and
14per-student basis.
15    (5) Additional Weights:
16        (A) English Learner Pupils:
17            (i) Weighting Factor of 0.20; and
18            (ii) Weighting Percentage equal to the Prior Year
19        ADA of English Learner Pupils, divided by the Prior
20        Year ADA for all pupils.
21        (B) Low-Income Pupils: The higher of the weights
22    determined through the following 2 methods:
23            (i) Regular low-income method:
24                (I) Weighting Factor of 0.25; and
25                (II) Weighting Percentage equal to the DHS
26            Low-income Eligible Count, divided by the Prior

 

 

SB0231 Engrossed- 368 -LRB099 03162 NHT 23170 b

1            Year ADA for all pupils.
2            (ii) Low-income concentration method:
3                (I) Weighting Factor of 0.80 multiplied by the
4            Weighting Percentage as calculated in accordance
5            with the regular low-income method, provided that
6            the Weighting Factor pursuant to this method shall
7            not exceed 0.75; and
8                (II) Weighting Percentage equal to the
9            Weighting Percentage as calculated in accordance
10            with the regular low-income method.
11        (C) Children with disabilities:
12            (i) Weighting Factor of 1.0; and
13            (ii) Weighting Percentage equal to the higher of
14        the percentages in the following items as applicable to
15        each school district:
16                (I) a Weighting Percentage established by the
17            State Board of Education prior to the start of each
18            State fiscal year representative of the statewide
19            weighted-average percentage of students with
20            disabilities based on the most recent data
21            collected by the State Board of Education; and
22                (II) Weighting Percentage under this item (II)
23            for any school district that demonstrates, in
24            accordance with requirements established by the
25            State Board of Education, that the percentage of
26            its students with disabilities exceeds the

 

 

SB0231 Engrossed- 369 -LRB099 03162 NHT 23170 b

1            representative statewide weighted-average
2            percentage established pursuant to item (I) of
3            this clause (ii). For any such school district, the
4            Weighting Percentage shall equal the lesser of (i)
5            the Prior Year ADA of the district's students with
6            disabilities (as verified by the State Board of
7            Education) divided by the Prior Year ADA for all
8            pupils and (ii) the representative statewide
9            weighted-average percentage established pursuant
10            to item (I) of this clause (ii) plus 5 percentage
11            points.
12        (D) Special Education Summer School Pupils:
13            (i) Weighting Factor of 0.03; and
14            (ii) Weighting Percentage equal to the Prior Year
15        ADA of Special Education Summer School Pupils, divided
16        by the Prior Year ADA for all pupils.
17        (E) Gifted Pupils:
18            (i) Weighting Factor of 0.01; and
19            (ii) Weighting Percentage equal to the Prior Year
20        ADA of Gifted Pupils, divided by the Prior Year ADA for
21        all pupils, provided that the Prior Year ADA of Gifted
22        Pupils used for such calculation shall not exceed 5% of
23        the Prior Year ADA for pupils in kindergarten through
24        grade 8.
25        (F) Pupils in Kindergarten Providing a Full Day of
26    Attendance Through Grade 3:

 

 

SB0231 Engrossed- 370 -LRB099 03162 NHT 23170 b

1            (i) Weighting Factor of 0.05; and
2            (ii) Weighting Percentage equal to the Prior Year
3        ADA of pupils in kindergarten providing a full day of
4        attendance through grade 3, divided by the Prior Year
5        ADA for all pupils.
6        (G) Pupils in Grade 9:
7            (i) Weighting Factor of 0.15; and
8            (ii) Weighting Percentage equal to the Prior Year
9        ADA of pupils in grade 9, divided by the Prior Year ADA
10        for all pupils.
11        (H) In the 2018-2019 school year and subsequent school
12    years, Advanced Standing Pupils, Career Pathway
13    Participants, and Career Pathway Completers:
14            (i) For Advanced Standing Pupils:
15                (I) Weighting Factor of 0.02; and
16                (II) Weighting Percentage equal to the Prior
17            Year ADA of Advanced Standing Pupils, divided by
18            the Prior Year ADA for all pupils.
19            (ii) For Career Pathway Participants:
20                (I) Weighting Factor of 0.02; and
21                (II) Weighting Percentage equal to the Prior
22            Year ADA of Career Pathway Participants, divided
23            by the Prior Year ADA for all pupils.
24            (iii) For Career Pathway Completers:
25                (I) Weighting Factor of 0.02; and
26                (II) Weighting Percentage equal to the Prior

 

 

SB0231 Engrossed- 371 -LRB099 03162 NHT 23170 b

1            Year ADA of Career Pathway Completers, divided by
2            the Prior Year ADA for all pupils.
3    (6) For each school district with a Regionalization Index
4Value higher than the statewide weighted-average
5Regionalization Index Value, the base value of 1.0 and each
6Additional Weight included in the calculation of its District
7Weighted Average shall be multiplied by a Regionalization
8Factor calculated in accordance with this paragraph (6). The
9Regionalization Factor shall equal the school district's
10Regionalization Index Value divided by the statewide
11weighted-average Regionalization Index Value for the most
12recent year that the data is compiled. For purposes of this
13paragraph (6), "Regionalization Index Value" means the
14Comparable Wage Index developed for the National Center for
15Education Statistics and published for each school district.
16This Index measures systematic, regional variations in the
17salaries of college graduates who are not educators. The State
18Board of Education may contract for the calculation of the
19Comparable Wage Index using the same methodology if the
20Comparable Wage Index developed for the National Center for
21Education Statistics becomes unavailable. For any school
22district that does not have a Comparable Wage Index, the State
23Board of Education shall estimate a Regionalization Index Value
24using reasonably available information.
25    (c) Average Daily Attendance.
26    (1) For purposes of calculating primary State aid pursuant

 

 

SB0231 Engrossed- 372 -LRB099 03162 NHT 23170 b

1to subsection (e) of this Section, an Average Daily Attendance
2figure shall be utilized. The Average Daily Attendance figure
3for formula calculation purposes shall be the monthly average
4of the total number of pupils in attendance for each school
5district, as further averaged for the best 3 months of pupil
6attendance for each school district. In compiling the figures
7for the number of pupils in attendance, school districts and
8the State Board of Education shall, for purposes of primary
9State aid funding, conform attendance figures to the
10requirements of subsection (f) of this Section.
11    (2) The Average Daily Attendance figures utilized in
12subsections (d) and (e) of this Section shall be the requisite
13attendance data for the school year immediately preceding the
14school year for which primary State aid is being calculated or
15the average of the attendance data for the 3 preceding school
16years, whichever is greater. The Average Daily Attendance
17figures utilized for subsection (b) of this Section shall be
18the requisite attendance data for the school year immediately
19preceding the school year for which primary State aid is being
20calculated.
21    (d) Available Local Resources Per Pupil.
22    (1) For purposes of calculating primary State aid pursuant
23to subsection (e) of this Section, a representation of
24Available Local Resources Per Pupil, as that term is defined
25and determined in this subsection (d), shall be utilized.
26Available Local Resources Per Pupil shall include a calculated

 

 

SB0231 Engrossed- 373 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 374 -LRB099 03162 NHT 23170 b

1shall be calculated as the product of the equalized assessed
2valuation for property within the partial elementary unit
3district for elementary purposes, as defined in Article 11E of
4this Code, multiplied by 2.06% and divided by the district's
5Average Daily Attendance figure, plus the product of the
6equalized assessed valuation for property within the partial
7elementary unit district for high school purposes, as defined
8in Article 11E of this Code, multiplied by 0.94% and divided by
9the district's Average Daily Attendance figure.
10    (4) The Corporate Personal Property Replacement Taxes paid
11to each school district during the calendar year one year
12before the calendar year in which a school year begins, divided
13by the Average Daily Attendance figure for that district, shall
14be added to the local property tax revenues per pupil as
15derived by the application of paragraph (3) of this subsection
16(d). The sum of these per pupil figures for each school
17district shall constitute Available Local Resources Per Pupil
18as that term is utilized in subsection (e) of this Section in
19the calculation of primary State aid.
20    (e) Computation of primary State aid.
21    (1) For each school year, the amount of primary State aid
22allotted to a school district shall be computed by the State
23Board of Education as provided in this subsection (e).
24    (2) Subject to paragraph (4) of this subsection (e), for
25any school district for which the Per-pupil Aid is more than
26the Flat Grant Level, primary State aid for that district shall

 

 

SB0231 Engrossed- 375 -LRB099 03162 NHT 23170 b

1be in an amount equal to its Per-pupil Aid multiplied by its
2Average Daily Attendance figure.
3    (3) Subject to paragraph (4) of this subsection (e), for
4any school district for which the Per-pupil Aid is equal to or
5less than the Flat Grant Level, primary State aid for that
6district shall be in an amount equal to the Adjusted Flat Grant
7Level multiplied by the district's Average Daily Attendance
8figure.
9    (4) From financial assistance provided to school districts
10under this Section, the State Board of Education shall withhold
11the following amounts for the following purposes:
12        (A) For each school district with an Additional Weight
13    for Pupils of Limited English-speaking Ability, the State
14    Board of Education shall withhold an amount not exceeding
15    one and one-half percent of the district's Weighted
16    Foundation Level Budget attributable to Pupils of Limited
17    English-speaking Ability for (i) State Board of Education
18    staff for administration and (ii) contractual services by a
19    not-for-profit entity for technical assistance,
20    professional development, and other support to school
21    districts and educators for services for these pupils. To
22    be eligible to receive the contract under clause (ii) of
23    this subdivision (A), the not-for-profit entity must have
24    experience providing such services in a school district
25    having a population exceeding 500,000; one or more school
26    districts in any of the counties of Lake, McHenry, DuPage,

 

 

SB0231 Engrossed- 376 -LRB099 03162 NHT 23170 b

1    Kane, and Will; and one or more school districts elsewhere
2    in this State.
3        (B) The State Board of Education shall withhold an
4    amount not exceeding one-half percent of each school
5    district's Weighted Foundation Level Budget attributable
6    to children with disabilities and Special Education Summer
7    School Pupils for State Board of Education staff and
8    contractual services for administration, professional
9    development, and support to school districts for services
10    for children with disabilities. The State Board of
11    Education shall use a portion of the withheld amounts for
12    developing or supporting electronic individualized
13    educational programs.
14    (f) Compilation of Average Daily Attendance.
15    (1) Each school district shall, on or before July 1 of each
16year, submit to the State Board of Education, in a manner
17prescribed by the State Board of Education, attendance figures
18for the school year that began in the preceding calendar year.
19The attendance information so transmitted shall identify the
20Average Daily Attendance figures for each month of the school
21year. School districts shall calculate Average Daily
22Attendance as provided in subdivisions (A), (B), and (C) of
23this paragraph (1).
24        (A) In districts that do not hold year-round classes,
25    days of attendance in August shall be added to the month of
26    September and any days of attendance in June shall be added

 

 

SB0231 Engrossed- 377 -LRB099 03162 NHT 23170 b

1    to the month of May.
2        (B) In districts in which all buildings hold year-round
3    classes, days of attendance in July and August shall be
4    added to the month of September and any days of attendance
5    in June shall be added to the month of May.
6        (C) In districts in which some buildings, but not all,
7    hold year-round classes, for the non-year-round buildings,
8    days of attendance in August shall be added to the month of
9    September and any days of attendance in June shall be added
10    to the month of May. The Average Daily Attendance for the
11    year-round buildings shall be computed as provided in
12    subdivision (B) of this paragraph (1). To calculate the
13    Average Daily Attendance for the district, the Average
14    Daily Attendance for the year-round buildings shall be
15    multiplied by the days in session for the non-year-round
16    buildings for each month and added to the monthly
17    attendance of the non-year-round buildings.
18    (2) For the 2016-2017 school year, days of attendance by
19pupils shall be counted in accordance with paragraphs (1) and
20(2) of subsection (F) of Section 18-8.05 of this Code. For the
212017-2018 and subsequent school years, days of attendance by
22pupils shall be counted in accordance with administrative rules
23adopted by the State Board of Education that address, without
24limitation, days of partial attendance, days utilized for
25in-service training and parent-teacher conferences,
26partial-day kindergarten, hospitalized or homebound students,

 

 

SB0231 Engrossed- 378 -LRB099 03162 NHT 23170 b

1days when assessments are administered, remote educational
2programs, virtual learning, work-based learning, dual credit
3programs, and competency-based education. Such rules shall be
4adopted by the State Board of Education by no later than April
51, 2017.
6    (g) Equalized assessed valuation data.
7    (1) For purposes of the calculation of Available Local
8Resources Per Pupil required pursuant to subsection (d) of this
9Section, the State Board of Education shall secure from the
10Department of Revenue the value as equalized or assessed by the
11Department of Revenue of all taxable property of every school
12district, together with (i) the applicable tax rate used in
13extending taxes for the funds of the district as of September
1430 of the previous year and (ii) the limiting rate for all
15school districts subject to property tax extension limitations
16as imposed under the Property Tax Extension Limitation Law.
17    The Department of Revenue shall add to the equalized
18assessed value of all taxable property of each school district
19situated entirely or partially within a county that is or was
20subject to the provisions of Section 15-176 or 15-177 of the
21Property Tax Code (A) an amount equal to the total amount by
22which the homestead exemption allowed under Section 15-176 or
2315-177 of the Property Tax Code for real property situated in
24that school district exceeds the total amount that would have
25been allowed in that school district if the maximum reduction
26under Section 15-176 was $5,000 and (B) an amount equal to the

 

 

SB0231 Engrossed- 379 -LRB099 03162 NHT 23170 b

1aggregate amount for the taxable year of all additional
2exemptions under Section 15-175 of the Property Tax Code for
3owners with a household income of $30,000 or less. The county
4clerk of any county that is or was subject to the provisions of
5Section 15-176 or 15-177 of the Property Tax Code shall
6annually calculate and certify to the Department of Revenue for
7each school district all homestead exemption amounts under
8Section 15-176 or 15-177 of the Property Tax Code and all
9amounts of additional exemptions under Section 15-175 of the
10Property Tax Code for owners with a household income of $30,000
11or less. It is the intent of this paragraph that if the general
12homestead exemption for a parcel of property is determined
13under Section 15-176 or 15-177 of the Property Tax Code rather
14than Section 15-175, then the calculation of Available Local
15Resources Per Pupil shall not be affected by the difference, if
16any, between the amount of the general homestead exemption
17allowed for that parcel of property under Section 15-176 or
1815-177 of the Property Tax Code and the amount that would have
19been allowed had the general homestead exemption for that
20parcel of property been determined under Section 15-175 of the
21Property Tax Code. It is further the intent of this paragraph
22that if additional exemptions are allowed under Section 15-175
23of the Property Tax Code for owners with a household income of
24less than $30,000, then the calculation of Available Local
25Resources Per Pupil shall not be affected by the difference, if
26any, because of those additional exemptions.

 

 

SB0231 Engrossed- 380 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 381 -LRB099 03162 NHT 23170 b

1    equalized assessed valuation, whichever is lower, shall be
2    used until such time as all redevelopment project costs
3    have been paid.
4        (B) The real property equalized assessed valuation for
5    a school district shall be adjusted by subtracting from the
6    real property value as equalized or assessed by the
7    Department of Revenue for the district an amount computed
8    by dividing the amount of any abatement of taxes under
9    Section 18-170 of the Property Tax Code by 3.00% for a
10    district maintaining grades kindergarten through 12, by
11    2.30% for a district maintaining grades kindergarten
12    through 8, or by 1.05% for a district maintaining grades 9
13    through 12 and adjusted by an amount computed by dividing
14    the amount of any abatement of taxes under subsection (a)
15    of Section 18-165 of the Property Tax Code by the same
16    percentage rates for district type as specified in this
17    subdivision (B).
18    (3) If a school district's boundaries span multiple
19counties, then the Department of Revenue shall send to the
20State Board of Education, for the purpose of calculating
21primary State aid, the limiting rate and individual rates by
22purpose for the county that contains the majority of the school
23district's Equalized Assessed Valuation.
24    (h) Supplemental grants.
25    (1) The Total Primary State Aid a school district is
26allotted pursuant to this Section shall be subject to

 

 

SB0231 Engrossed- 382 -LRB099 03162 NHT 23170 b

1adjustment as provided in this subsection (h). Any supplemental
2grants allotted to school districts pursuant to this subsection
3(h) shall be paid in conjunction with the school district's
4payments of primary State aid. When calculating the
5supplemental grants for a particular school district under this
6Section, the State Board of Education shall first calculate the
7supplemental grant, if any, under paragraph (2) of this
8subsection (h) for school districts subject to property tax
9extension limitations. The State Board of Education shall next
10calculate the supplemental grant under paragraph (3) of this
11subsection (h) if the school district has a per-pupil loss
12exceeding $1,000. The State Board of Education shall then
13calculate the amount of the adequacy grant, if any, to the
14school district under paragraph (4) of this subsection (h).
15Finally, the State Board of Education shall calculate the
16supplemental grants specified in paragraph (5) of this
17subsection (h).
18    (2) If a school district is subject to property tax
19extension limitations as imposed under the Property Tax
20Extension Limitation Law, a school district shall receive a
21supplemental grant pursuant to this paragraph (2) to account
22for the difference between its Extension Limitation Equalized
23Assessed Valuation and the school district's equalized
24assessed valuation as calculated under paragraphs (1) and (2)
25of subsection (g) of this Section. The State Board of Education
26shall calculate the Extension Limitation Equalized Assessed

 

 

SB0231 Engrossed- 383 -LRB099 03162 NHT 23170 b

1Valuation of each district subject to property tax extension
2limitations as imposed under the Property Tax Extension
3Limitation Law. Except as otherwise provided in this paragraph
4(2) for a school district that has approved or does approve an
5increase in its limiting rate, the "Extension Limitation
6Equalized Assessed Valuation" of a school district as
7calculated by the State Board of Education shall be equal to
8the product of the equalized assessed valuation last used in
9the calculation of general State aid under Section 18-8.05 of
10this Code or primary State aid under this Section and the
11district's Extension Limitation Ratio. If a school district has
12approved or does approve an increase in its limiting rate,
13pursuant to Section 18-190 of the Property Tax Code, affecting
14the Base Tax Year, the Extension Limitation Equalized Assessed
15Valuation of the school district, as calculated by the State
16Board of Education, shall be equal to the product of the
17equalized assessed valuation last used in the calculation of
18general State aid pursuant to Section 18-8.05 of this Code or
19primary State aid pursuant to this Section times an amount
20equal to one plus the percentage increase, if any, in the
21Consumer Price Index for all Urban Consumers for all items
22published by the United States Department of Labor for the
2312-month calendar year preceding the Base Tax Year, plus the
24equalized assessed valuation of new property, annexed
25property, and recovered tax increment value and minus the
26equalized assessed valuation of disconnected property. New

 

 

SB0231 Engrossed- 384 -LRB099 03162 NHT 23170 b

1property and recovered tax increment value shall have the
2meanings set forth in the Property Tax Extension Limitation
3Law. Notwithstanding anything to the contrary contained in this
4paragraph (2), a PTELL EAV floor school district's Extension
5Limitation Equalized Assessed Valuation shall not be less than
685% of the district's equalized assessed valuation as
7calculated pursuant to paragraphs (1) and (2) of subsection (g)
8of this Section.
9    If the Extension Limitation Equalized Assessed Valuation
10of a school district as calculated under this paragraph (2) is
11less than the district's equalized assessed valuation as
12calculated pursuant to paragraphs (1) and (2) of subsection (g)
13of this Section, then the school district shall receive a
14supplemental grant equal to its PTELL PSA Adjustment as
15calculated by the State Board of Education.
16    (3) Notwithstanding anything to the contrary contained in
17this Section, if, for any school year through and including the
182023-2024 school year, a school district's per-pupil primary
19State aid allotment is less than its Per-pupil Hold Harmless
20State Funding by an amount exceeding $1,000, then the amount of
21primary State aid allotted to the school district shall be
22increased by a supplemental grant pursuant to this paragraph
23(3). The primary State aid supplemental grant shall equal an
24amount sufficient to raise the school district's per-pupil
25primary State aid allotment to an amount that is $1,000 less
26than the school district's Per-pupil Hold Harmless State

 

 

SB0231 Engrossed- 385 -LRB099 03162 NHT 23170 b

1Funding. For purposes of this paragraph (3), a school
2district's per-pupil primary State aid allotment shall be
3calculated by the State Board of Education as the sum of the
4primary State aid allotted to the school district pursuant to
5subsection (e) of this Section and any supplemental grants
6pursuant to this paragraph (3) and paragraph (2) of this
7subsection (h), divided by the school district's Average Daily
8Attendance figure.
9    (4) Through and including the 2023-2024 school year, the
10State Board of Education shall administer the distribution of
11adequacy grants in accordance with this paragraph (4). Each
12school district with an Adequacy Target percent of less than
13110% shall receive a supplemental adequacy grant calculated in
14accordance with subdivision (A) of this paragraph (4), subject
15to appropriations for such grants and the tax rate eligibility
16requirements and grant adjustment provisions of subdivision
17(B) of this paragraph (4). For purposes of calculating a school
18district's Adequacy Target percent, a school district's
19operating expense per pupil shall be the most recent figure
20calculated by the State Board of Education as of the start of
21the fiscal year for which the calculations in this paragraph
22(4) apply.
23        (A) Subject to subdivision (B) of this paragraph (4):
24            (i) a school district with an Adequacy Target
25        percent of not more than 100% shall receive a
26        supplemental adequacy grant equal to its Adequacy

 

 

SB0231 Engrossed- 386 -LRB099 03162 NHT 23170 b

1        Grant Loss;
2            (ii) a school district with an Adequacy Target
3        percent of more than 100% but less than 110% shall
4        receive a supplemental adequacy grant equal to the
5        product of its Adequacy Grant Loss and a percent figure
6        calculated as follows: 110% less the school district's
7        Adequacy Target percent, with the resulting percent
8        figure multiplied by 10; and
9            (iii) a school district with an Adequacy Target
10        percent of 110% or higher shall not receive a
11        supplemental adequacy grant pursuant to this paragraph
12        (4).
13        (B) Beginning with the 2018-2019 school year, the State
14    Board of Education shall calculate a statewide
15    weighted-average Operating Tax Rate for each of the
16    following school district types: school districts
17    maintaining grades kindergarten through 12, school
18    districts maintaining grades kindergarten through 8, and
19    school districts maintaining grades 9 through 12. If a
20    school district's Operating Tax Rate is at least 85% of the
21    applicable statewide weighted-average Operating Tax Rate,
22    the school district shall receive the full amount of the
23    supplemental adequacy grant determined pursuant to
24    subdivision (A) of this paragraph (4). If a school
25    district's Operating Tax Rate is 75% or lower of the
26    applicable statewide weighted-average Operating Tax Rate,

 

 

SB0231 Engrossed- 387 -LRB099 03162 NHT 23170 b

1    the school district shall not receive any supplemental
2    adequacy grant under this paragraph (4). If a school
3    district's Operating Tax Rate is more than 75% but less
4    than 85% of the applicable statewide weighted-average
5    Operating Tax Rate, the school district shall receive a
6    supplemental adequacy grant equal to the product of (i) the
7    amount of the total supplemental adequacy grant determined
8    pursuant to subdivision (A) of this paragraph (4) and (ii)
9    the percentage of which the school district's Operating Tax
10    Rate is of the applicable statewide weighted-average
11    Operating Tax Rate less 75%, with the resulting percent
12    figure multiplied by 10.
13    (5) Notwithstanding anything to the contrary contained in
14this Section, the Total Primary State Aid allotted to a school
15district for the 2016-2017 through the 2019-2020 school years
16shall be subject to increase through supplemental grants as
17follows:
18        If, for the 2016-2017 school year, the Total Primary
19    State Aid is less than Hold Harmless State Funding, then
20    the amount of primary State aid allotted to the school
21    district shall be increased by a supplemental grant in the
22    amount of 100% of the difference between Hold Harmless
23    State Funding and Total Primary State Aid.
24        If, for the 2017-2018 school year, the Total Primary
25    State Aid remains less than Hold Harmless State Funding,
26    then the amount of primary State aid allotted to the school

 

 

SB0231 Engrossed- 388 -LRB099 03162 NHT 23170 b

1    district shall be increased by a supplemental grant in the
2    amount of 75% of the difference between Hold Harmless State
3    Funding and Total Primary State Aid.
4        If, for the 2018-2019 school year, the Total Primary
5    State Aid remains less than Hold Harmless State Funding,
6    then the amount of primary State aid allotted to the school
7    district shall be increased by a supplemental grant in the
8    amount of 50% of the difference between Hold Harmless State
9    Funding and Total Primary State Aid.
10        If, for the 2019-2020 school year, the Total Primary
11    State Aid remains less than Hold Harmless State Funding,
12    then the amount of primary State aid allotted to the school
13    district shall be increased by a supplemental grant in the
14    amount of 25% of the difference between Hold Harmless State
15    Funding and Total Primary State Aid.
16    (i) Grants to Laboratory and Alternative Schools. In
17calculating the amount to be paid to the governing board of a
18public university that operates a Laboratory School or to any
19Alternative School that is operated by a regional
20superintendent of schools, the State Board of Education shall
21require, by rule, such reporting requirements as it deems
22necessary. Each Laboratory and Alternative School shall file,
23on forms provided by the State Superintendent of Education, an
24annual State aid claim that states the Average Daily Attendance
25of the school's students by month. The best 3 months' Average
26Daily Attendance shall be computed for each school. The primary

 

 

SB0231 Engrossed- 389 -LRB099 03162 NHT 23170 b

1State aid entitlement shall be computed by multiplying the
2applicable Average Daily Attendance by 105% of the Foundation
3Level. If, for any of the 2016-2017 through 2019-2020 school
4years, the primary State aid entitlement for a Laboratory
5School or Alternative School calculated under this subsection
6(i) is less than the Hold Harmless State Funding, the school
7shall receive a supplemental grant as follows: 100% of the
8difference in the 2016-2017 school year, 75% of the difference
9in the 2017-2018 school year, 50% of the difference in the
102018-2019 school year, and 25% of the difference in the
112019-2020 school year.
12    (j) District improvement plans, attendance center
13distributions, and special education maintenance of State
14financial support.
15    (1) Each school district making insufficient annual
16progress, as determined by the State Board of Education, in the
17educational performance of Low-income Pupils, English Learner
18Pupils, or children with disabilities shall demonstrate, in
19accordance with requirements adopted by the State Board of
20Education, how local and State funds will be used for
21strategies that give priority to meeting the educational needs
22of each such category of pupils for which the school district
23is making insufficient annual progress. For each such category
24of pupils, budget information submitted in accordance with
25State Board of Education requirements must demonstrate that the
26combined amount of local funds and primary State aid funds

 

 

SB0231 Engrossed- 390 -LRB099 03162 NHT 23170 b

1budgeted for strategies that give priority to that category of
2pupils is proportionate or higher, on either an aggregate or
3per-pupil basis, to the proportion of the Weighted Foundation
4Level Budget attributable to that category of pupils. The State
5Board of Education may adopt exceptions to the requirement for
6proportionate or higher budgeting to address small pupil
7subgroup populations, changes in pupil enrollment, or
8extraordinary expenditures required for any school year. The
9State Board of Education may also adopt exceptions to the
10requirement for proportionate or higher budgeting for any
11school district to implement district-wide or school-wide
12strategies if the school district or school has a high
13percentage of pupils in any particular category relative to
14statewide averages and the district can demonstrate in its plan
15that a district-wide or school-wide strategy is more likely to
16achieve the district's educational objectives for a category of
17pupils than a targeted strategy. If a school district fails to
18adhere to proportionate or higher budgeting in accordance with
19this paragraph (1), the school district must take corrective
20action in accordance with requirements adopted by the State
21Board of Education. If corrective action is not taken, the
22State Board of Education shall deduct, from primary State aid
23payments otherwise due the district, an amount equal to the
24amount by which the district failed to adhere to the
25proportionate or higher requirement.
26    (2) School districts with an Average Daily Attendance of

 

 

SB0231 Engrossed- 391 -LRB099 03162 NHT 23170 b

150,000 or more shall be required to distribute, from funds
2available pursuant to this Section, no less than $261,000,000
3in accordance with the following requirements:
4        (A) The required amounts shall be distributed to the
5    attendance centers within the district in proportion to the
6    number of Low-income Pupils enrolled at each attendance
7    center during the current school year.
8        (B) The distribution of these portions of primary State
9    aid among attendance centers according to these
10    requirements shall not be compensated for or contravened by
11    adjustments of the total of other funds appropriated to any
12    attendance centers, and the board of education shall
13    utilize funding from one or several sources in order to
14    fully implement this paragraph (2) annually prior to the
15    opening of school.
16        (C) Each attendance center shall be provided, by the
17    school district, with a distribution of other funds to
18    which the attendance center is entitled under law in order
19    that the primary State aid provided by application of this
20    paragraph (2) supplements rather than supplants the other
21    funds provided by the school district to the attendance
22    centers.
23        (D) Funds received by an attendance center pursuant to
24    this paragraph (2) shall be used by the attendance center
25    at the discretion of the principal and local school council
26    for programs to improve educational opportunities at

 

 

SB0231 Engrossed- 392 -LRB099 03162 NHT 23170 b

1    qualifying schools through the following programs and
2    services: early childhood education, reduced class size or
3    improved adult to student classroom ratios, enrichment
4    programs, remedial assistance, attendance improvement, and
5    other educationally beneficial expenditures that
6    supplement the regular and basic programs as determined by
7    the State Board of Education. Funds provided shall not be
8    expended for any political or lobbying purposes as defined
9    by rule of the State Board.
10        (E) Each district subject to the provisions of this
11    paragraph (2) shall submit an acceptable plan to meet the
12    educational needs of disadvantaged children, in compliance
13    with the requirements of this subdivision (E), to the State
14    Board of Education prior to July 15 of each year. This plan
15    shall be consistent with the decisions of local school
16    councils concerning the school expenditure plans developed
17    in accordance with subdivision 4 of Section 34-2.3 of this
18    Code. The State Board shall approve or reject the plan
19    within 60 days after its submission. If the plan is
20    rejected, the district shall give written notice of an
21    intent to modify the plan within 15 days after the
22    notification of rejection and then submit a modified plan
23    within 30 days after the date of the written notice of an
24    intent to modify. Districts may amend approved plans
25    pursuant to rules adopted by the State Board of Education.
26        Upon notification by the State Board of Education that

 

 

SB0231 Engrossed- 393 -LRB099 03162 NHT 23170 b

1    the district has not submitted a plan prior to July 15 or a
2    modified plan within the time period specified in this
3    subdivision (E), the State aid funds affected by that plan
4    or modified plan shall be withheld by the State Board of
5    Education until a plan or modified plan is submitted.
6        If the district fails to distribute State aid to
7    attendance centers in accordance with an approved plan, the
8    plan for the following year shall allocate funds, in
9    addition to the funds otherwise required by this paragraph
10    (2), to those attendance centers that were underfunded
11    during the previous year in amounts equal to such
12    underfunding.
13    For purposes of determining compliance with this paragraph
14(2) in relation to the requirements of attendance center
15funding, each district subject to the provisions of this
16paragraph (2) shall submit as a separate document, on or before
17December 1 of each year, a report of expenditure data for the
18prior year in addition to any modification of its current plan.
19If it is determined that there has been a failure to comply
20with the expenditure provisions of this paragraph (2) regarding
21contravention or supplanting, the State Superintendent of
22Education shall, within 60 days after receipt of the report,
23notify the district and any affected local school council. The
24district shall, within 45 days after receipt of that
25notification, inform the State Superintendent of Education of
26the remedial or corrective action to be taken, whether by

 

 

SB0231 Engrossed- 394 -LRB099 03162 NHT 23170 b

1amendment of the current plan, if feasible, or by adjustment in
2the plan for the following year. Failure to provide the
3expenditure report or the notification of remedial or
4corrective action in a timely manner shall result in a
5withholding of the affected funds.
6    The State Board of Education shall adopt rules to implement
7the provisions of this paragraph (2). No funds shall be
8released under this paragraph (2) to any district that has not
9submitted a plan that has been approved by the State Board of
10Education.
11    (3) Each fiscal year, the State Board of Education shall
12calculate for each school district an amount of its Total
13Primary State Aid funding that shall be deemed attributable to
14the provision of special educational facilities and services,
15as defined in Section 14-1.08 of this Code, in a manner that
16ensures compliance with maintenance of State financial support
17requirements under the federal Individuals with Disabilities
18Education Act. A school district must use such funds only for
19the provision of special educational facilities and services,
20as defined in Section 14-1.08 of this Code, and must comply
21with any expenditure verification procedures adopted by the
22State Board of Education.
23    (k) Education Funding Advisory Board. For the 2018-2019 and
24subsequent school years, the Education Funding Advisory Board
25established pursuant to subsection (M) of Section 18-8.05 of
26this Code, in consultation with the State Board of Education,

 

 

SB0231 Engrossed- 395 -LRB099 03162 NHT 23170 b

1shall make recommendations as provided in this subsection (k)
2to the General Assembly for the Foundation Level under
3paragraph (2) of subsection (b) of this Section. The
4recommended foundation level shall be determined based on
5consideration of 2 separate methodologies:
6        (1) a methodology that incorporates the basic
7    education expenditures of low-spending schools exhibiting
8    high academic performance; and
9        (2) an evidence-based methodology that identifies an
10    educational program that includes research-based
11    educational strategies and uses the cost of that program to
12    determine the cost of education.
13    The Education Funding Advisory Board shall make its
14recommendations to the General Assembly on or before January 31
15of even-numbered years, beginning on or before January 31,
162018.
17    (l) Primary State Aid Review Committee. The State
18Superintendent of Education shall appoint a committee of no
19more than 20 members, consisting of school administrators,
20school business officials, school financing experts, parents,
21teachers, and concerned citizens to review the administration
22of primary State aid in this State and the impact on school
23district finances of this amendatory Act of the 99th General
24Assembly. The State Superintendent of Education shall ensure
25that the membership of the Committee includes representatives
26from school districts reflecting the geographic and

 

 

SB0231 Engrossed- 396 -LRB099 03162 NHT 23170 b

1socio-economic diversity of this State. The Committee shall
2make periodic recommendations to the State Superintendent of
3Education and the General Assembly concerning the
4administration of primary State aid, any administrative rules
5needed for the implementation of this Section, and suggestions
6for amending this Section or other Sections of this Code to
7achieve a school funding system that provides adequate,
8equitable, transparent, and accountable distribution of funds
9to school districts that will prepare students for success
10after high school. By no later than January 31, 2018 and
11January 31 of each odd-numbered year thereafter, the Committee
12shall submit a report with recommendations to the State
13Superintendent and General Assembly. The report submitted by no
14later than January 31, 2018 must address all of the following:
15        (1) Methods for considering the adequacy of funding
16    available to school districts that are relatively
17    underperforming within this State's accountability system.
18        (2) Whether to include funding for State career and
19    technical education and transportation within the primary
20    State aid formula.
21        (3) Whether to account for municipal impact fees,
22    distributions from a special tax allocation fund
23    established in relation to tax increment allocation
24    financing, available fund balances maintained by a
25    financial institution, and other similar funds received or
26    maintained by school districts in the calculation of

 

 

SB0231 Engrossed- 397 -LRB099 03162 NHT 23170 b

1    Available Local Resources Per Pupil.
2        (4) Methods for reducing State liability for PTELL PSA
3    Adjustments.
4        (5) Methods for accounting for disability types within
5    the calculation of the Weighting Factor for students with
6    disabilities, rather than using the same Weighting Factor
7    for all students with disabilities.
8        (6) Methods for accounting for grade levels within the
9    calculation of District Weighted Average.
10        (7) Whether to adjust the method of calculating Average
11    Daily Attendance for Primary State Aid formula calculation
12    purposes, including whether to utilize an average of more
13    than 3 months of pupil attendance.
14        (8) Recommendations for revisions to the Primary State
15    Aid formula as the result of the adequacy study detailed in
16    subsection (m) of this Section.
17The report submitted by no later than January 31, 2019 must
18address the validity and reliability of data sources available
19to determine low-income status, including an analysis of the
20validity of both the DHS Low-income Eligible Count and the
21count of Low-income Pupils.
22    (m) Adequacy study. Subject to the availability of funding
23through appropriations made specifically for this purpose, by
24no later than 10 months after the first meeting of the Primary
25State Aid Review Committee established pursuant to subsection
26(l) of this Section, the State Board of Education shall

 

 

SB0231 Engrossed- 398 -LRB099 03162 NHT 23170 b

1contract with a public or private entity to conduct a study of
2the adequacy of education funding in this State, in
3consultation with the Primary State Aid Review Committee, which
4study must be completed by no later than 10 months from the
5contract's effective date. At a minimum, the adequacy study
6shall:
7        (1) determine the adequate per pupil cost to deliver an
8    educational program to each child in each school district
9    in this State based on the fundamental goal of this State
10    to develop all children to the limits of their capacities
11    by providing for an efficient system of high quality public
12    educational institutions and services that this State has
13    the primary responsibility for financing;
14        (2) consider identifiable and prototypical educational
15    expenses based on the school district type and student
16    population size, including, but not limited to, full-time
17    equivalent staffing for services to meet all student needs,
18    with delineation among regular education, special
19    education, English learners, low-income students, and
20    gifted students, including Career Pathway Participants and
21    Advanced Standing Pupils;
22        (3) identify a base funding level for students without
23    special needs necessary to meet adequate growth;
24        (4) include per pupil weights for students with special
25    needs to be applied to the base funding level;
26        (5) include an analysis of the effect of concentrations

 

 

SB0231 Engrossed- 399 -LRB099 03162 NHT 23170 b

1    of poverty on adequacy targets;
2        (6) include an analysis of the assumed school district
3    tax rates that should be included within the funding
4    formula;
5        (7) in collaboration with the Illinois Early Learning
6    Council, include an analysis of what level of Preschool for
7    All Children funding would be necessary to serve all
8    children ages 0-5 years in the highest-priority service
9    tier (as specified in paragraph (4.5) of subsection (a) of
10    Section 2-3.71 of this Code) and an analysis of the
11    potential cost savings that that level of Preschool for All
12    Children investment would have on the kindergarten through
13    grade 12 system;
14        (8) include a scalable approach to required
15    appropriations that would result in full funding of an
16    equitable and adequate educational opportunity for all
17    children by the 2020-2021 school year;
18        (9) recommend the adequate per pupil amount of local
19    revenue that must be minimally committed by each school
20    district to the system of high quality educational
21    institutions and services within their communities and
22    identify the specific amount that would be required for
23    this State to contribute to each district to ensure an
24    equitable and adequate educational opportunity for all
25    students; and
26        (10) make further recommendations on the apportionment

 

 

SB0231 Engrossed- 400 -LRB099 03162 NHT 23170 b

1    of revenue sources so that adequacy can be achieved as
2    quickly as reasonably possible within this State.
3    (n) Average Daily Attendance count adjustment for
4residential boarding school within identified school district.
5For the purposes of providing unique educational opportunities
6to dependents or youths who are academic underperformers or who
7could become academic underperformers due to circumstances,
8but who have the potential to progress to high-performers who
9are high school and college bound, a school district may
10include eligible students that attend a Residential Boarding
11School Program within that same district within the district's
12Average Daily Attendance count should both parties deem
13appropriate.
14    As used in this subsection (n), "eligible student" means a
15student who is entitled to attend school, is at risk of
16academic failure, is currently enrolled in grades 1 through 8,
17is from a family who is low income, and meets at least one of
18the following additional risk factors:
19        (1) The student is in foster care or has been declared
20    an adjudicated dependent by the court.
21        (2) The student's head of household is not the
22    student's custodial parent.
23        (3) The student has been residing in a household that
24    receives a housing voucher or has been determined eligible
25    for public housing assistance or is homeless.
26        (4) The student is from an impoverished community.

 

 

SB0231 Engrossed- 401 -LRB099 03162 NHT 23170 b

1        (5) A member of the student's immediate family has been
2    incarcerated.
3        (6) The student has experienced or is experiencing
4    traumatic events identified as adverse childhood
5    experiences that directly impact his or her educational
6    success, such as:
7            (A) abuse or neglect;
8            (B) bullying or exclusion;
9            (C) poverty or homelessness;
10            (D) discrimination;
11            (E) a household with substance abuse;
12            (F) witnessing or being a victim of violence;
13            (G) household mental illness; and
14            (H) divorce, deportation, or other family
15        separation.
16    (o) References. On and after July 1, 2016, references in
17other laws to general State aid funds or calculations under
18Section 18-8.05 of this Code shall be deemed to be references
19to primary State aid funds or calculations under this Section.
 
20    (105 ILCS 5/18-9)  (from Ch. 122, par. 18-9)
21    Sec. 18-9. Requirement for special equalization and
22supplementary State aid. If property comprising an aggregate
23assessed valuation equal to 6% or more of the total assessed
24valuation of all taxable property in a school district is owned
25by a person or corporation that is the subject of bankruptcy

 

 

SB0231 Engrossed- 402 -LRB099 03162 NHT 23170 b

1proceedings or that has been adjudged bankrupt and, as a result
2thereof, has not paid taxes on the property, then the district
3may amend its general State aid or primary State aid claim (i)
4back to the inception of the bankruptcy, not to exceed 6 years,
5in which time those taxes were not paid and (ii) for each
6succeeding year that those taxes remain unpaid, by adding to
7the claim an amount determined by multiplying the assessed
8valuation of the property on which taxes have not been paid due
9to the bankruptcy by the lesser of the total tax rate for the
10district for the tax year for which the taxes are unpaid or the
11applicable rate used in calculating the district's general
12State aid under paragraph (3) of subsection (D) of Section
1318-8.05 of this Code or primary State aid under paragraph (3)
14of subsection (d) of Section 18-8.15 of this Code, as
15applicable. If at any time a district that receives additional
16State aid under this Section receives tax revenue from the
17property for the years that taxes were not paid, the district's
18next claim for State aid shall be reduced in an amount equal to
19the taxes paid on the property, not to exceed the additional
20State aid received under this Section. Claims under this
21Section shall be filed on forms prescribed by the State
22Superintendent of Education, and the State Superintendent of
23Education, upon receipt of a claim, shall adjust the claim in
24accordance with the provisions of this Section. Supplementary
25State aid for each succeeding year under this Section shall be
26paid beginning with the first general State aid or primary

 

 

SB0231 Engrossed- 403 -LRB099 03162 NHT 23170 b

1State aid claim paid after the district has filed a completed
2claim in accordance with this Section.
3(Source: P.A. 95-496, eff. 8-28-07.)
 
4    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
5    Sec. 18-12. Dates for filing State aid claims. The school
6board of each school district shall require teachers,
7principals, or superintendents to furnish from records kept by
8them such data as it needs in preparing and certifying to the
9regional superintendent its school district report of claims
10provided in Sections 18-8.05 through 18-9 as required by the
11State Superintendent of Education. The district claim shall be
12based on the latest available equalized assessed valuation and
13tax rates, as provided in Section 18-8.05 or 18-8.15 and shall
14use the average daily attendance as determined by the method
15outlined in Section 18-8.05 or 18-8.15 and shall be certified
16and filed with the regional superintendent by June 21 for
17districts with an official school calendar end date before June
1815 or within 2 weeks following the official school calendar end
19date for districts with a school year end date of June 15 or
20later. The regional superintendent shall certify and file with
21the State Superintendent of Education district State aid claims
22by July 1 for districts with an official school calendar end
23date before June 15 or no later than July 15 for districts with
24an official school calendar end date of June 15 or later.
25Failure to so file by these deadlines constitutes a forfeiture

 

 

SB0231 Engrossed- 404 -LRB099 03162 NHT 23170 b

1of the right to receive payment by the State until such claim
2is filed and vouchered for payment. The regional superintendent
3of schools shall certify the county report of claims by July
415; and the State Superintendent of Education shall voucher for
5payment those claims to the State Comptroller as provided in
6Section 18-11.
7    Except as otherwise provided in this Section, if any school
8district fails to provide the minimum school term specified in
9Section 10-19, the State aid claim for that year shall be
10reduced by the State Superintendent of Education in an amount
11equivalent to 1/176 or .56818% for each day less than the
12number of days required by this Code.
13    If the State Superintendent of Education determines that
14the failure to provide the minimum school term was occasioned
15by an act or acts of God, or was occasioned by conditions
16beyond the control of the school district which posed a
17hazardous threat to the health and safety of pupils, the State
18aid claim need not be reduced.
19    If a school district is precluded from providing the
20minimum hours of instruction required for a full day of
21attendance due to an adverse weather condition or a condition
22beyond the control of the school district that poses a
23hazardous threat to the health and safety of students, then the
24partial day of attendance may be counted if (i) the school
25district has provided at least one hour of instruction prior to
26the closure of the school district, (ii) a school building has

 

 

SB0231 Engrossed- 405 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 406 -LRB099 03162 NHT 23170 b

1energy shortage exists during any part of the school year for
2the State or a designated portion of the State, a district may
3operate the school attendance centers within the district 4
4days of the week during the time of the shortage by extending
5each existing school day by one clock hour of school work, and
6the State aid claim shall not be reduced, nor shall the
7employees of that district suffer any reduction in salary or
8benefits as a result thereof. A district may operate all
9attendance centers on this revised schedule, or may apply the
10schedule to selected attendance centers, taking into
11consideration such factors as pupil transportation schedules
12and patterns and sources of energy for individual attendance
13centers.
14    Electronically submitted State aid claims shall be
15submitted by duly authorized district or regional individuals
16over a secure network that is password protected. The
17electronic submission of a State aid claim must be accompanied
18with an affirmation that all of the provisions of Sections
1918-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
20all respects.
21(Source: P.A. 99-194, eff. 7-30-15.)
 
22    (105 ILCS 5/26-16)
23    Sec. 26-16. Graduation incentives program.
24    (a) The General Assembly finds that it is critical to
25provide options for children to succeed in school. The purpose

 

 

SB0231 Engrossed- 407 -LRB099 03162 NHT 23170 b

1of this Section is to provide incentives for and encourage all
2Illinois students who have experienced or are experiencing
3difficulty in the traditional education system to enroll in
4alternative programs.
5    (b) Any student who is below the age of 20 years is
6eligible to enroll in a graduation incentives program if he or
7she:
8        (1) is considered a dropout pursuant to Section 26-2a
9    of this Code;
10        (2) has been suspended or expelled pursuant to Section
11    10-22.6 or 34-19 of this Code;
12        (3) is pregnant or is a parent;
13        (4) has been assessed as chemically dependent; or
14        (5) is enrolled in a bilingual education or LEP
15    program.
16    (c) The following programs qualify as graduation
17incentives programs for students meeting the criteria
18established in this Section:
19        (1) Any public elementary or secondary education
20    graduation incentives program established by a school
21    district or by a regional office of education.
22        (2) Any alternative learning opportunities program
23    established pursuant to Article 13B of this Code.
24        (3) Vocational or job training courses approved by the
25    State Superintendent of Education that are available
26    through the Illinois public community college system.

 

 

SB0231 Engrossed- 408 -LRB099 03162 NHT 23170 b

1    Students may apply for reimbursement of 50% of tuition
2    costs for one course per semester or a maximum of 3 courses
3    per school year. Subject to available funds, students may
4    apply for reimbursement of up to 100% of tuition costs upon
5    a showing of employment within 6 months after completion of
6    a vocational or job training program. The qualifications
7    for reimbursement shall be established by the State
8    Superintendent of Education by rule.
9        (4) Job and career programs approved by the State
10    Superintendent of Education that are available through
11    Illinois-accredited private business and vocational
12    schools. Subject to available funds, pupils may apply for
13    reimbursement of up to 100% of tuition costs upon a showing
14    of employment within 6 months after completion of a job or
15    career program. The State Superintendent of Education
16    shall establish, by rule, the qualifications for
17    reimbursement, criteria for determining reimbursement
18    amounts, and limits on reimbursement.
19        (5) Adult education courses that offer preparation for
20    high school equivalency testing.
21    (d) Graduation incentives programs established by school
22districts are entitled to claim general State aid and primary
23State aid, subject to Sections 13B-50, 13B-50.5, and 13B-50.10
24of this Code. Graduation incentives programs operated by
25regional offices of education are entitled to receive general
26State aid and primary State aid at the foundation level of

 

 

SB0231 Engrossed- 409 -LRB099 03162 NHT 23170 b

1support per pupil enrolled. A school district must ensure that
2its graduation incentives program receives supplemental
3general State aid, transportation reimbursements, and special
4education resources, if appropriate, for students enrolled in
5the program.
6(Source: P.A. 98-718, eff. 1-1-15.)
 
7    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
8    Sec. 27-8.1. Health examinations and immunizations.
9    (1) In compliance with rules and regulations which the
10Department of Public Health shall promulgate, and except as
11hereinafter provided, all children in Illinois shall have a
12health examination as follows: within one year prior to
13entering kindergarten or the first grade of any public,
14private, or parochial elementary school; upon entering the
15sixth and ninth grades of any public, private, or parochial
16school; prior to entrance into any public, private, or
17parochial nursery school; and, irrespective of grade,
18immediately prior to or upon entrance into any public, private,
19or parochial school or nursery school, each child shall present
20proof of having been examined in accordance with this Section
21and the rules and regulations promulgated hereunder. Any child
22who received a health examination within one year prior to
23entering the fifth grade for the 2007-2008 school year is not
24required to receive an additional health examination in order
25to comply with the provisions of Public Act 95-422 when he or

 

 

SB0231 Engrossed- 410 -LRB099 03162 NHT 23170 b

1she attends school for the 2008-2009 school year, unless the
2child is attending school for the first time as provided in
3this paragraph.
4    A tuberculosis skin test screening shall be included as a
5required part of each health examination included under this
6Section if the child resides in an area designated by the
7Department of Public Health as having a high incidence of
8tuberculosis. Additional health examinations of pupils,
9including eye examinations, may be required when deemed
10necessary by school authorities. Parents are encouraged to have
11their children undergo eye examinations at the same points in
12time required for health examinations.
13    (1.5) In compliance with rules adopted by the Department of
14Public Health and except as otherwise provided in this Section,
15all children in kindergarten and the second and sixth grades of
16any public, private, or parochial school shall have a dental
17examination. Each of these children shall present proof of
18having been examined by a dentist in accordance with this
19Section and rules adopted under this Section before May 15th of
20the school year. If a child in the second or sixth grade fails
21to present proof by May 15th, the school may hold the child's
22report card until one of the following occurs: (i) the child
23presents proof of a completed dental examination or (ii) the
24child presents proof that a dental examination will take place
25within 60 days after May 15th. The Department of Public Health
26shall establish, by rule, a waiver for children who show an

 

 

SB0231 Engrossed- 411 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 412 -LRB099 03162 NHT 23170 b

1examination requirement to the parents and guardians of
2students in compliance with rules of the Department of Public
3Health. Nothing in this Section shall be construed to allow a
4school to exclude a child from attending because of a parent's
5or guardian's failure to obtain an eye examination for the
6child.
7    (2) The Department of Public Health shall promulgate rules
8and regulations specifying the examinations and procedures
9that constitute a health examination, which shall include the
10collection of data relating to obesity (including at a minimum,
11date of birth, gender, height, weight, blood pressure, and date
12of exam), and a dental examination and may recommend by rule
13that certain additional examinations be performed. The rules
14and regulations of the Department of Public Health shall
15specify that a tuberculosis skin test screening shall be
16included as a required part of each health examination included
17under this Section if the child resides in an area designated
18by the Department of Public Health as having a high incidence
19of tuberculosis. The Department of Public Health shall specify
20that a diabetes screening as defined by rule shall be included
21as a required part of each health examination. Diabetes testing
22is not required.
23    Physicians licensed to practice medicine in all of its
24branches, licensed advanced practice nurses, or licensed
25physician assistants shall be responsible for the performance
26of the health examinations, other than dental examinations, eye

 

 

SB0231 Engrossed- 413 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 414 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 415 -LRB099 03162 NHT 23170 b

1to obesity. The individuals confirming the administration of
2required immunizations shall record as indicated on the form
3that the immunizations were administered.
4    (5) If a child does not submit proof of having had either
5the health examination or the immunization as required, then
6the child shall be examined or receive the immunization, as the
7case may be, and present proof by October 15 of the current
8school year, or by an earlier date of the current school year
9established by a school district. To establish a date before
10October 15 of the current school year for the health
11examination or immunization as required, a school district must
12give notice of the requirements of this Section 60 days prior
13to the earlier established date. If for medical reasons one or
14more of the required immunizations must be given after October
1515 of the current school year, or after an earlier established
16date of the current school year, then the child shall present,
17by October 15, or by the earlier established date, a schedule
18for the administration of the immunizations and a statement of
19the medical reasons causing the delay, both the schedule and
20the statement being issued by the physician, advanced practice
21nurse, physician assistant, registered nurse, or local health
22department that will be responsible for administration of the
23remaining required immunizations. If a child does not comply by
24October 15, or by the earlier established date of the current
25school year, with the requirements of this subsection, then the
26local school authority shall exclude that child from school

 

 

SB0231 Engrossed- 416 -LRB099 03162 NHT 23170 b

1until such time as the child presents proof of having had the
2health examination as required and presents proof of having
3received those required immunizations which are medically
4possible to receive immediately. During a child's exclusion
5from school for noncompliance with this subsection, the child's
6parents or legal guardian shall be considered in violation of
7Section 26-1 and subject to any penalty imposed by Section
826-10. This subsection (5) does not apply to dental
9examinations and eye examinations. If the student is an
10out-of-state transfer student and does not have the proof
11required under this subsection (5) before October 15 of the
12current year or whatever date is set by the school district,
13then he or she may only attend classes (i) if he or she has
14proof that an appointment for the required vaccinations has
15been scheduled with a party authorized to submit proof of the
16required vaccinations. If the proof of vaccination required
17under this subsection (5) is not submitted within 30 days after
18the student is permitted to attend classes, then the student is
19not to be permitted to attend classes until proof of the
20vaccinations has been properly submitted. No school district or
21employee of a school district shall be held liable for any
22injury or illness to another person that results from admitting
23an out-of-state transfer student to class that has an
24appointment scheduled pursuant to this subsection (5).
25    (6) Every school shall report to the State Board of
26Education by November 15, in the manner which that agency shall

 

 

SB0231 Engrossed- 417 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 418 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 419 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 420 -LRB099 03162 NHT 23170 b

1information outlined in the relevant vaccine information
2statement, and vaccine package inserts, along with the
3healthcare provider's clinical judgment, to determine whether
4any child may be more susceptible to experiencing an adverse
5vaccine reaction than the general population, and, if so, the
6healthcare provider may exempt the child from an immunization
7or adopt an individualized immunization schedule. The
8Certificate of Religious Exemption shall be created by the
9Department of Public Health and shall be made available and
10used by parents and legal guardians by the beginning of the
112015-2016 school year. Parents or legal guardians must submit
12the Certificate of Religious Exemption to their local school
13authority prior to entering kindergarten, sixth grade, and
14ninth grade for each child for which they are requesting an
15exemption. The religious objection stated need not be directed
16by the tenets of an established religious organization.
17However, general philosophical or moral reluctance to allow
18physical examinations, eye examinations, immunizations, vision
19and hearing screenings, or dental examinations does not provide
20a sufficient basis for an exception to statutory requirements.
21The local school authority is responsible for determining if
22the content of the Certificate of Religious Exemption
23constitutes a valid religious objection. The local school
24authority shall inform the parent or legal guardian of
25exclusion procedures, in accordance with the Department's
26rules under Part 690 of Title 77 of the Illinois Administrative

 

 

SB0231 Engrossed- 421 -LRB099 03162 NHT 23170 b

1Code, at the time the objection is presented.
2    If the physical condition of the child is such that any one
3or more of the immunizing agents should not be administered,
4the examining physician, advanced practice nurse, or physician
5assistant responsible for the performance of the health
6examination shall endorse that fact upon the health examination
7form.
8    Exempting a child from the health, dental, or eye
9examination does not exempt the child from participation in the
10program of physical education training provided in Sections
1127-5 through 27-7 of this Code.
12    (9) For the purposes of this Section, "nursery schools"
13means those nursery schools operated by elementary school
14systems or secondary level school units or institutions of
15higher learning.
16(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1799-249, eff. 8-3-15; revised 10-21-15.)
 
18    (105 ILCS 5/27A-9)
19    Sec. 27A-9. Term of charter; renewal.
20    (a) A charter may be granted for a period not less than 5
21and not more than 10 school years. A charter may be renewed in
22incremental periods not to exceed 5 school years.
23    (b) A charter school renewal proposal submitted to the
24local school board or the Commission, as the chartering entity,
25shall contain:

 

 

SB0231 Engrossed- 422 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 423 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 424 -LRB099 03162 NHT 23170 b

1of funding in an amount less than that requested in the
2proposal submitted to the local school board. Final decisions
3of the Commission shall be subject to judicial review under the
4Administrative Review Law.
5    (f) Notwithstanding other provisions of this Article, if
6the Commission on appeal reverses a local board's decision or
7if a charter school is approved by referendum, the Commission
8shall act as the authorized chartering entity for the charter
9school. The Commission shall approve the charter and shall
10perform all functions under this Article otherwise performed by
11the local school board. The State Board shall determine whether
12the charter proposal approved by the Commission is consistent
13with the provisions of this Article and, if the approved
14proposal complies, certify the proposal pursuant to this
15Article. The State Board shall report the aggregate number of
16charter school pupils resident in a school district to that
17district and shall notify the district of the amount of funding
18to be paid by the State Board to the charter school enrolling
19such students. The Commission shall require the charter school
20to maintain accurate records of daily attendance that shall be
21deemed sufficient to file claims under Section 18-8.05 or
2218-8.15 notwithstanding any other requirements of that Section
23regarding hours of instruction and teacher certification. The
24State Board shall withhold from funds otherwise due the
25district the funds authorized by this Article to be paid to the
26charter school and shall pay such amounts to the charter

 

 

SB0231 Engrossed- 425 -LRB099 03162 NHT 23170 b

1school.
2    (g) For charter schools authorized by the Commission, the
3Commission shall quarterly certify to the State Board the
4student enrollment for each of its charter schools.
5    (h) For charter schools authorized by the Commission, the
6State Board shall pay directly to a charter school any federal
7or State aid attributable to a student with a disability
8attending the school.
9(Source: P.A. 97-152, eff. 7-20-11; 98-739, eff. 7-16-14.)
 
10    (105 ILCS 5/27A-11)
11    Sec. 27A-11. Local financing.
12    (a) For purposes of the School Code, pupils enrolled in a
13charter school shall be included in the pupil enrollment of the
14school district within which the pupil resides. Each charter
15school (i) shall determine the school district in which each
16pupil who is enrolled in the charter school resides, (ii) shall
17report the aggregate number of pupils resident of a school
18district who are enrolled in the charter school to the school
19district in which those pupils reside, and (iii) shall maintain
20accurate records of daily attendance that shall be deemed
21sufficient to file claims under Section 18-8 or 18-8.15
22notwithstanding any other requirements of that Section
23regarding hours of instruction and teacher certification.
24    (b) Except for a charter school established by referendum
25under Section 27A-6.5, as part of a charter school contract,

 

 

SB0231 Engrossed- 426 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 427 -LRB099 03162 NHT 23170 b

1district is not required to provide transportation under the
2criteria set forth in subsection (a)(13) of Section 27A-7.
3    In no event shall the funding be less than 75% or more than
4125% of the school district's per capita student tuition
5multiplied by the number of students residing in the district
6who are enrolled in the charter school.
7    It is the intent of the General Assembly that funding and
8service agreements under this subsection (b) shall be neither a
9financial incentive nor a financial disincentive to the
10establishment of a charter school.
11    The charter school may set and collect reasonable fees.
12Fees collected from students enrolled at a charter school shall
13be retained by the charter school.
14    (c) Notwithstanding subsection (b) of this Section, the
15proportionate share of State and federal resources generated by
16students with disabilities or staff serving them shall be
17directed to charter schools enrolling those students by their
18school districts or administrative units. The proportionate
19share of moneys generated under other federal or State
20categorical aid programs shall be directed to charter schools
21serving students eligible for that aid.
22    (d) The governing body of a charter school is authorized to
23accept gifts, donations, or grants of any kind made to the
24charter school and to expend or use gifts, donations, or grants
25in accordance with the conditions prescribed by the donor;
26however, a gift, donation, or grant may not be accepted by the

 

 

SB0231 Engrossed- 428 -LRB099 03162 NHT 23170 b

1governing body if it is subject to any condition contrary to
2applicable law or contrary to the terms of the contract between
3the charter school and the local school board. Charter schools
4shall be encouraged to solicit and utilize community volunteer
5speakers and other instructional resources when providing
6instruction on the Holocaust and other historical events.
7    (e) (Blank).
8    (f) The Commission shall provide technical assistance to
9persons and groups preparing or revising charter applications.
10    (g) At the non-renewal or revocation of its charter, each
11charter school shall refund to the local board of education all
12unspent funds.
13    (h) A charter school is authorized to incur temporary,
14short term debt to pay operating expenses in anticipation of
15receipt of funds from the local school board.
16(Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; 99-78,
17eff. 7-20-15.)
 
18    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
19    Sec. 29-5. Reimbursement by State for transportation. Any
20school district, maintaining a school, transporting resident
21pupils to another school district's vocational program,
22offered through a joint agreement approved by the State Board
23of Education, as provided in Section 10-22.22 or transporting
24its resident pupils to a school which meets the standards for
25recognition as established by the State Board of Education

 

 

SB0231 Engrossed- 429 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 430 -LRB099 03162 NHT 23170 b

1Transportation Fund tax rate of at least .12%. If a school
2district does not have a .12% Transportation Fund tax rate, the
3amount of its claim in excess of 4/5 of the cost of
4transporting pupils shall be reduced by the sum arrived at by
5subtracting the Transportation Fund tax rate from .12% and
6multiplying that amount by the districts equalized or assessed
7valuation, provided, that in no case shall said reduction
8result in reimbursement of less than 4/5 of the cost to
9transport eligible pupils.
10    The minimum amount to be received by a district is $16
11times the number of eligible pupils transported.
12    When calculating the reimbursement for transportation
13costs, the State Board of Education may not deduct the number
14of pupils enrolled in early education programs from the number
15of pupils eligible for reimbursement if the pupils enrolled in
16the early education programs are transported at the same time
17as other eligible pupils.
18    Any such district transporting resident pupils during the
19school day to an area vocational school or another school
20district's vocational program more than 1 1/2 miles from the
21school attended, as provided in Sections 10-22.20a and
2210-22.22, shall be reimbursed by the State for 4/5 of the cost
23of transporting eligible pupils.
24    School day means that period of time which the pupil is
25required to be in attendance for instructional purposes.
26    If a pupil is at a location within the school district

 

 

SB0231 Engrossed- 431 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 432 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 433 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 434 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 435 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 436 -LRB099 03162 NHT 23170 b

1Education. The resolution shall still take effect even though a
2copy of the resolution has not been sent to the State
3Superintendent of Education in a timely manner. No
4classification under this paragraph by a district shall affect
5the total amount or timing of money the district is entitled to
6receive under this Code. No classification under this paragraph
7by a district shall in any way relieve the district from or
8affect any requirements that otherwise would apply with respect
9to that funding program, including any accounting of funds by
10source, reporting expenditures by original source and purpose,
11reporting requirements, or requirements of providing services.
12    Any school district with a population of not more than
13500,000 must deposit all funds received under this Article into
14the transportation fund and use those funds for the provision
15of transportation services.
16    Notwithstanding anything to the contrary contained in this
17Section, the State Board of Education shall award to a school
18district having a population exceeding 500,000 inhabitants
193.9% of the funds appropriated by the General Assembly for any
20fiscal year for purposes of payments to school districts under
21this Section.
22(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
 
23    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
24    Sec. 34-2.3. Local school councils - Powers and duties.
25Each local school council shall have and exercise, consistent

 

 

SB0231 Engrossed- 437 -LRB099 03162 NHT 23170 b

1with the provisions of this Article and the powers and duties
2of the board of education, the following powers and duties:
3    1. (A) To annually evaluate the performance of the
4principal of the attendance center using a Board approved
5principal evaluation form, which shall include the evaluation
6of (i) student academic improvement, as defined by the school
7improvement plan, (ii) student absenteeism rates at the school,
8(iii) instructional leadership, (iv) the effective
9implementation of programs, policies, or strategies to improve
10student academic achievement, (v) school management, and (vi)
11any other factors deemed relevant by the local school council,
12including, without limitation, the principal's communication
13skills and ability to create and maintain a student-centered
14learning environment, to develop opportunities for
15professional development, and to encourage parental
16involvement and community partnerships to achieve school
17improvement;
18    (B) to determine in the manner provided by subsection (c)
19of Section 34-2.2 and subdivision 1.5 of this Section whether
20the performance contract of the principal shall be renewed; and
21    (C) to directly select, in the manner provided by
22subsection (c) of Section 34-2.2, a new principal (including a
23new principal to fill a vacancy) -- without submitting any list
24of candidates for that position to the general superintendent
25as provided in paragraph 2 of this Section -- to serve under a
264 year performance contract; provided that (i) the

 

 

SB0231 Engrossed- 438 -LRB099 03162 NHT 23170 b

1determination of whether the principal's performance contract
2is to be renewed, based upon the evaluation required by
3subdivision 1.5 of this Section, shall be made no later than
4150 days prior to the expiration of the current
5performance-based contract of the principal, (ii) in cases
6where such performance contract is not renewed -- a direct
7selection of a new principal -- to serve under a 4 year
8performance contract shall be made by the local school council
9no later than 45 days prior to the expiration of the current
10performance contract of the principal, and (iii) a selection by
11the local school council of a new principal to fill a vacancy
12under a 4 year performance contract shall be made within 90
13days after the date such vacancy occurs. A Council shall be
14required, if requested by the principal, to provide in writing
15the reasons for the council's not renewing the principal's
16contract.
17    1.5. The local school council's determination of whether to
18renew the principal's contract shall be based on an evaluation
19to assess the educational and administrative progress made at
20the school during the principal's current performance-based
21contract. The local school council shall base its evaluation on
22(i) student academic improvement, as defined by the school
23improvement plan, (ii) student absenteeism rates at the school,
24(iii) instructional leadership, (iv) the effective
25implementation of programs, policies, or strategies to improve
26student academic achievement, (v) school management, and (vi)

 

 

SB0231 Engrossed- 439 -LRB099 03162 NHT 23170 b

1any other factors deemed relevant by the local school council,
2including, without limitation, the principal's communication
3skills and ability to create and maintain a student-centered
4learning environment, to develop opportunities for
5professional development, and to encourage parental
6involvement and community partnerships to achieve school
7improvement. If a local school council fails to renew the
8performance contract of a principal rated by the general
9superintendent, or his or her designee, in the previous years'
10evaluations as meeting or exceeding expectations, the
11principal, within 15 days after the local school council's
12decision not to renew the contract, may request a review of the
13local school council's principal non-retention decision by a
14hearing officer appointed by the American Arbitration
15Association. A local school council member or members or the
16general superintendent may support the principal's request for
17review. During the period of the hearing officer's review of
18the local school council's decision on whether or not to retain
19the principal, the local school council shall maintain all
20authority to search for and contract with a person to serve as
21interim or acting principal, or as the principal of the
22attendance center under a 4-year performance contract,
23provided that any performance contract entered into by the
24local school council shall be voidable or modified in
25accordance with the decision of the hearing officer. The
26principal may request review only once while at that attendance

 

 

SB0231 Engrossed- 440 -LRB099 03162 NHT 23170 b

1center. If a local school council renews the contract of a
2principal who failed to obtain a rating of "meets" or "exceeds
3expectations" in the general superintendent's evaluation for
4the previous year, the general superintendent, within 15 days
5after the local school council's decision to renew the
6contract, may request a review of the local school council's
7principal retention decision by a hearing officer appointed by
8the American Arbitration Association. The general
9superintendent may request a review only once for that
10principal at that attendance center. All requests to review the
11retention or non-retention of a principal shall be submitted to
12the general superintendent, who shall, in turn, forward such
13requests, within 14 days of receipt, to the American
14Arbitration Association. The general superintendent shall send
15a contemporaneous copy of the request that was forwarded to the
16American Arbitration Association to the principal and to each
17local school council member and shall inform the local school
18council of its rights and responsibilities under the
19arbitration process, including the local school council's
20right to representation and the manner and process by which the
21Board shall pay the costs of the council's representation. If
22the local school council retains the principal and the general
23superintendent requests a review of the retention decision, the
24local school council and the general superintendent shall be
25considered parties to the arbitration, a hearing officer shall
26be chosen between those 2 parties pursuant to procedures

 

 

SB0231 Engrossed- 441 -LRB099 03162 NHT 23170 b

1promulgated by the State Board of Education, and the principal
2may retain counsel and participate in the arbitration. If the
3local school council does not retain the principal and the
4principal requests a review of the retention decision, the
5local school council and the principal shall be considered
6parties to the arbitration and a hearing officer shall be
7chosen between those 2 parties pursuant to procedures
8promulgated by the State Board of Education. The hearing shall
9begin (i) within 45 days after the initial request for review
10is submitted by the principal to the general superintendent or
11(ii) if the initial request for review is made by the general
12superintendent, within 45 days after that request is mailed to
13the American Arbitration Association. The hearing officer
14shall render a decision within 45 days after the hearing begins
15and within 90 days after the initial request for review. The
16Board shall contract with the American Arbitration Association
17for all of the hearing officer's reasonable and necessary
18costs. In addition, the Board shall pay any reasonable costs
19incurred by a local school council for representation before a
20hearing officer.
21    1.10. The hearing officer shall conduct a hearing, which
22shall include (i) a review of the principal's performance,
23evaluations, and other evidence of the principal's service at
24the school, (ii) reasons provided by the local school council
25for its decision, and (iii) documentation evidencing views of
26interested persons, including, without limitation, students,

 

 

SB0231 Engrossed- 442 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 443 -LRB099 03162 NHT 23170 b

1principal, one of which shall be selected by the general
2superintendent to serve as principal of the attendance center.
3If the general superintendent fails or refuses to select one of
4the candidates on the list to serve as principal within 30 days
5after being furnished with the candidate list, the general
6superintendent shall select and place a principal on an interim
7basis (i) for a period not to exceed one year or (ii) until the
8local school council selects a new principal with 7 affirmative
9votes as provided in subsection (c) of Section 34-2.2,
10whichever occurs first. If the local school council fails or
11refuses to select and appoint a new principal, as specified by
12subsection (c) of Section 34-2.2, the general superintendent
13may select and appoint a new principal on an interim basis for
14an additional year or until a new contract principal is
15selected by the local school council. There shall be no
16discrimination on the basis of race, sex, creed, color or
17disability unrelated to ability to perform in connection with
18the submission of candidates for, and the selection of a
19candidate to serve as principal of an attendance center. No
20person shall be directly selected, listed as a candidate for,
21or selected to serve as principal of an attendance center (i)
22if such person has been removed for cause from employment by
23the Board or (ii) if such person does not hold a valid
24administrative certificate issued or exchanged under Article
2521 and endorsed as required by that Article for the position of
26principal. A principal whose performance contract is not

 

 

SB0231 Engrossed- 444 -LRB099 03162 NHT 23170 b

1renewed as provided under subsection (c) of Section 34-2.2 may
2nevertheless, if otherwise qualified and certified as herein
3provided and if he or she has received a satisfactory rating as
4provided in subsection (h) of Section 34-8.3, be included by a
5local school council as one of the 3 candidates listed in order
6of preference on any candidate list from which one person is to
7be selected to serve as principal of the attendance center
8under a new performance contract. The initial candidate list
9required to be submitted by a local school council to the
10general superintendent in cases where the local school council
11does not renew the performance contract of its principal and
12does not directly select a new principal to serve under a 4
13year performance contract shall be submitted not later than 30
14days prior to the expiration of the current performance
15contract. In cases where the local school council fails or
16refuses to submit the candidate list to the general
17superintendent no later than 30 days prior to the expiration of
18the incumbent principal's contract, the general superintendent
19may appoint a principal on an interim basis for a period not to
20exceed one year, during which time the local school council
21shall be able to select a new principal with 7 affirmative
22votes as provided in subsection (c) of Section 34-2.2. In cases
23where a principal is removed for cause or a vacancy otherwise
24occurs in the position of principal and the vacancy is not
25filled by direct selection by the local school council, the
26candidate list shall be submitted by the local school council

 

 

SB0231 Engrossed- 445 -LRB099 03162 NHT 23170 b

1to the general superintendent within 90 days after the date
2such removal or vacancy occurs. In cases where the local school
3council fails or refuses to submit the candidate list to the
4general superintendent within 90 days after the date of the
5vacancy, the general superintendent may appoint a principal on
6an interim basis for a period of one year, during which time
7the local school council shall be able to select a new
8principal with 7 affirmative votes as provided in subsection
9(c) of Section 34-2.2.
10    2.5. Whenever a vacancy in the office of a principal occurs
11for any reason, the vacancy shall be filled in the manner
12provided by this Section by the selection of a new principal to
13serve under a 4 year performance contract.
14    3. To establish additional criteria to be included as part
15of the performance contract of its principal, provided that
16such additional criteria shall not discriminate on the basis of
17race, sex, creed, color or disability unrelated to ability to
18perform, and shall not be inconsistent with the uniform 4 year
19performance contract for principals developed by the board as
20provided in Section 34-8.1 of the School Code or with other
21provisions of this Article governing the authority and
22responsibility of principals.
23    4. To approve the expenditure plan prepared by the
24principal with respect to all funds allocated and distributed
25to the attendance center by the Board. The expenditure plan
26shall be administered by the principal. Notwithstanding any

 

 

SB0231 Engrossed- 446 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 447 -LRB099 03162 NHT 23170 b

1determine taking into account the special needs of the student
2body. The local school principal shall develop an expenditure
3plan in consultation with the local school council, the
4professional personnel leadership committee and with all other
5school personnel, which reflects the priorities and activities
6as described in the school's local school improvement plan and
7is consistent with applicable law and collective bargaining
8agreements and with board policies and standards; however, the
9local school council shall have the right to request waivers of
10board policy from the board of education and waivers of
11employee collective bargaining agreements pursuant to Section
1234-8.1a.
13    The expenditure plan developed by the principal with
14respect to amounts available from the fund for prioritized
15special needs programs and the allocated lump sum amount must
16be approved by the local school council.
17    The lump sum allocation shall take into account the
18following principles:
19        a. Teachers: Each school shall be allocated funds equal
20    to the amount appropriated in the previous school year for
21    compensation for teachers (regular grades kindergarten
22    through 12th grade) plus whatever increases in
23    compensation have been negotiated contractually or through
24    longevity as provided in the negotiated agreement.
25    Adjustments shall be made due to layoff or reduction in
26    force, lack of funds or work, change in subject

 

 

SB0231 Engrossed- 448 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 449 -LRB099 03162 NHT 23170 b

1    each State Title I pupil provided to meet the special needs
2    of the student body. Each school shall receive the
3    proportion of funds as provided in Section 18-8 or 18-8.15
4    to which they are entitled. These funds shall be spent only
5    with the budgetary approval of the Local School Council as
6    provided in Section 34-2.3.
7        e. The Local School Council shall have the right to
8    request the principal to close positions and open new ones
9    consistent with the provisions of the local school
10    improvement plan provided that these decisions are
11    consistent with applicable law and collective bargaining
12    agreements. If a position is closed, pursuant to this
13    paragraph, the local school shall have for its use the
14    system-wide average compensation for the closed position.
15        f. Operating within existing laws and collective
16    bargaining agreements, the local school council shall have
17    the right to direct the principal to shift expenditures
18    within funds.
19        g. (Blank).
20    Any funds unexpended at the end of the fiscal year shall be
21available to the board of education for use as part of its
22budget for the following fiscal year.
23    5. To make recommendations to the principal concerning
24textbook selection and concerning curriculum developed
25pursuant to the school improvement plan which is consistent
26with systemwide curriculum objectives in accordance with

 

 

SB0231 Engrossed- 450 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 451 -LRB099 03162 NHT 23170 b

1school improvement plan.
2    9. To make recommendations to the principal and the general
3superintendent concerning their respective appointments, after
4August 31, 1989, and in the manner provided by Section 34-8 and
5Section 34-8.1, of persons to fill any vacant, additional or
6newly created positions for teachers at the attendance center
7or at attendance centers which include the attendance center
8served by the local school council.
9    10. To request of the Board the manner in which training
10and assistance shall be provided to the local school council.
11Pursuant to Board guidelines a local school council is
12authorized to direct the Board of Education to contract with
13personnel or not-for-profit organizations not associated with
14the school district to train or assist council members. If
15training or assistance is provided by contract with personnel
16or organizations not associated with the school district, the
17period of training or assistance shall not exceed 30 hours
18during a given school year; person shall not be employed on a
19continuous basis longer than said period and shall not have
20been employed by the Chicago Board of Education within the
21preceding six months. Council members shall receive training in
22at least the following areas:
23        1. school budgets;
24        2. educational theory pertinent to the attendance
25    center's particular needs, including the development of
26    the school improvement plan and the principal's

 

 

SB0231 Engrossed- 452 -LRB099 03162 NHT 23170 b

1    performance contract; and
2        3. personnel selection.
3Council members shall, to the greatest extent possible,
4complete such training within 90 days of election.
5    11. In accordance with systemwide guidelines contained in
6the System-Wide Educational Reform Goals and Objectives Plan,
7criteria for evaluation of performance shall be established for
8local school councils and local school council members. If a
9local school council persists in noncompliance with systemwide
10requirements, the Board may impose sanctions and take necessary
11corrective action, consistent with Section 34-8.3.
12    12. Each local school council shall comply with the Open
13Meetings Act and the Freedom of Information Act. Each local
14school council shall issue and transmit to its school community
15a detailed annual report accounting for its activities
16programmatically and financially. Each local school council
17shall convene at least 2 well-publicized meetings annually with
18its entire school community. These meetings shall include
19presentation of the proposed local school improvement plan, of
20the proposed school expenditure plan, and the annual report,
21and shall provide an opportunity for public comment.
22    13. Each local school council is encouraged to involve
23additional non-voting members of the school community in
24facilitating the council's exercise of its responsibilities.
25    14. The local school council may adopt a school uniform or
26dress code policy that governs the attendance center and that

 

 

SB0231 Engrossed- 453 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 454 -LRB099 03162 NHT 23170 b

1promulgated by the Board.
2    15a. To grant, in accordance with board rules and policies,
3the use of assembly halls and classrooms when not otherwise
4needed, including lighting, heat, and attendants, for public
5lectures, concerts, and other educational and social
6activities.
7    15b. To approve, in accordance with board rules and
8policies, receipts and expenditures for all internal accounts
9of the attendance center, and to approve all fund-raising
10activities by nonschool organizations that use the school
11building.
12    16. (Blank).
13    17. Names and addresses of local school council members
14shall be a matter of public record.
15(Source: P.A. 96-1403, eff. 7-29-10.)
 
16    (105 ILCS 5/34-8.4)
17    Sec. 34-8.4. Intervention. The Chicago Schools Academic
18Accountability Council may recommend to the Chicago School
19Reform Board of Trustees that any school placed on remediation
20or probation under Section 34-8.3 or schools that for the 3
21consecutive school years of 1992-1993, 1993-1994, and
221994-1995 have met the State Board of Education's category of
23"does not meet expectations" be made subject to intervention
24under this Section 34-8.4. In addition to any powers created
25under this Section, the Trustees shall have all powers created

 

 

SB0231 Engrossed- 455 -LRB099 03162 NHT 23170 b

1under Section 34-8.3 with respect to schools subjected to
2intervention.
3    Prior to subjecting a school to intervention, the Trustees
4shall conduct a public hearing and make findings of facts
5concerning the recommendation of the Chicago Schools Academic
6Accountability Council and the factors causing the failure of
7the school to adequately perform. The Trustees shall afford an
8opportunity at the hearing for interested persons to comment
9about the intervention recommendation. After the hearing has
10been held and completion of findings of fact, the Trustees
11shall make a determination whether to subject the school to
12intervention.
13    If the Trustees determine that a school shall be subject to
14intervention under this Section, the Trustees shall develop an
15intervention implementation plan and shall cause a performance
16evaluation to be made of each employee at the school. Upon
17consideration of such evaluations, and consistent with the
18intervention implementation plan, the Trustees may reassign,
19layoff, or dismiss any employees at the attendance center,
20notwithstanding the provisions of Sections 24A-5 and 34-85.
21    The chief educational officer shall appoint a principal for
22the school and shall set the terms and conditions of the
23principal's contract, which in no case may be longer than 2
24years. The principal shall select all teachers and
25non-certified personnel for the school as may be necessary. Any
26provision of Section 34-8.1 that conflicts with this Section

 

 

SB0231 Engrossed- 456 -LRB099 03162 NHT 23170 b

1shall not apply to a school subjected to intervention under
2this Section.
3    If pursuant to this Section, the general superintendent,
4with the approval of the board, orders new local school council
5elections, the general superintendent shall carry out the
6responsibilities of the local school council for a school
7subject to intervention until the new local school council
8members are elected and trained.
9    Each school year, 5% of the supplemental general State aid
10or supplemental grant funds distributed to a school subject to
11intervention during that school year under subsection
125(i)(1)(a) of part A of Section 18-8, or subsection (H) of
13Section 18-8.05, or paragraph (2) of subsection (j) of Section
1418-8.15 shall be used for employee performance incentives. The
15Trustees shall prepare a report evaluating the results of any
16interventions undertaken pursuant to this Section and shall
17make recommendations concerning implementation of special
18programs for dealing with underperforming schools on an ongoing
19basis. This report shall be submitted to the State
20Superintendent of Education and Mayor of the City of Chicago by
21January 1, 1999.
22(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
2390-548, eff. 1-1-98.)
 
24    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
25    Sec. 34-18. Powers of the board. The board shall exercise

 

 

SB0231 Engrossed- 457 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 458 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 459 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 460 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 461 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 462 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 463 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 464 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 465 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 466 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 467 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 468 -LRB099 03162 NHT 23170 b

1    Labor Relations Act. Under such arrangement, an amount
2    shall be withheld from each regular payroll period which is
3    equal to the pro rata share of the annual dues plus any
4    payments or contributions, and the board shall transmit
5    such withholdings to the specified labor organization
6    within 10 working days from the time of the withholding;
7        19a. Upon receipt of notice from the comptroller of a
8    municipality with a population of 500,000 or more, a county
9    with a population of 3,000,000 or more, the Cook County
10    Forest Preserve District, the Chicago Park District, the
11    Metropolitan Water Reclamation District, the Chicago
12    Transit Authority, or a housing authority of a municipality
13    with a population of 500,000 or more that a debt is due and
14    owing the municipality, the county, the Cook County Forest
15    Preserve District, the Chicago Park District, the
16    Metropolitan Water Reclamation District, the Chicago
17    Transit Authority, or the housing authority by an employee
18    of the Chicago Board of Education, to withhold, from the
19    compensation of that employee, the amount of the debt that
20    is due and owing and pay the amount withheld to the
21    municipality, the county, the Cook County Forest Preserve
22    District, the Chicago Park District, the Metropolitan
23    Water Reclamation District, the Chicago Transit Authority,
24    or the housing authority; provided, however, that the
25    amount deducted from any one salary or wage payment shall
26    not exceed 25% of the net amount of the payment. Before the

 

 

SB0231 Engrossed- 469 -LRB099 03162 NHT 23170 b

1    Board deducts any amount from any salary or wage of an
2    employee under this paragraph, the municipality, the
3    county, the Cook County Forest Preserve District, the
4    Chicago Park District, the Metropolitan Water Reclamation
5    District, the Chicago Transit Authority, or the housing
6    authority shall certify that (i) the employee has been
7    afforded an opportunity for a hearing to dispute the debt
8    that is due and owing the municipality, the county, the
9    Cook County Forest Preserve District, the Chicago Park
10    District, the Metropolitan Water Reclamation District, the
11    Chicago Transit Authority, or the housing authority and
12    (ii) the employee has received notice of a wage deduction
13    order and has been afforded an opportunity for a hearing to
14    object to the order. For purposes of this paragraph, "net
15    amount" means that part of the salary or wage payment
16    remaining after the deduction of any amounts required by
17    law to be deducted and "debt due and owing" means (i) a
18    specified sum of money owed to the municipality, the
19    county, the Cook County Forest Preserve District, the
20    Chicago Park District, the Metropolitan Water Reclamation
21    District, the Chicago Transit Authority, or the housing
22    authority for services, work, or goods, after the period
23    granted for payment has expired, or (ii) a specified sum of
24    money owed to the municipality, the county, the Cook County
25    Forest Preserve District, the Chicago Park District, the
26    Metropolitan Water Reclamation District, the Chicago

 

 

SB0231 Engrossed- 470 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 471 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 472 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 473 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 474 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 475 -LRB099 03162 NHT 23170 b

1such review with the General Assembly on or before May 1, 1990.
2(Source: P.A. 99-143, eff. 7-27-15.)
 
3    (105 ILCS 5/34-18.30)
4    Sec. 34-18.30. Dependents of military personnel; no
5tuition charge. If, at the time of enrollment, a dependent of
6United States military personnel is housed in temporary housing
7located outside of the school district, but will be living
8within the district within 60 days after the time of initial
9enrollment, the dependent must be allowed to enroll, subject to
10the requirements of this Section, and must not be charged
11tuition. Any United States military personnel attempting to
12enroll a dependent under this Section shall provide proof that
13the dependent will be living within the district within 60 days
14after the time of initial enrollment. Proof of residency may
15include, but is not limited to, postmarked mail addressed to
16the military personnel and sent to an address located within
17the district, a lease agreement for occupancy of a residence
18located within the district, or proof of ownership of a
19residence located within the district. Non-resident dependents
20of United States military personnel attending school on a
21tuition-free basis may be counted for the purposes of
22determining the apportionment of State aid provided under
23Section 18-8.05 or 18-8.15 of this Code.
24(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

SB0231 Engrossed- 476 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 477 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 478 -LRB099 03162 NHT 23170 b

1Superintendent shall also review the relevant cost proportions
2in other large urban school districts. The State Superintendent
3shall also review the expenditure categories in paragraph
4(B)(1) to ascertain whether they contain school-level
5expenses. If he or she finds that adjustments to the formula
6are appropriate or necessary to establish a more fair and
7comparable standard for administrative cost for the Board of
8Education or to exclude school-level expenses, the State
9Superintendent shall recommend to the School Finance Authority
10rules and regulations adjusting particular subcategories in
11this subsection (B) or adjusting certain costs in determining
12the budget and expenditure items properly attributable to the
13functions or otherwise adjust the formula.
14    (C) Administrative expenditure limitations. The annual
15budget of the Board of Education, as adopted and implemented,
16and the related annual expenditures for the school year, shall
17reflect a limitation on administrative outlays as required by
18the following provisions, taking into account any adjustments
19established by the State Superintendent of Education: (1) the
20budget and expenditures of the Board of Education for the
211989-90 school year shall reflect a ratio of administrative
22expenditures to total expenditures equal to or less than the
23statewide average of administrative expenditures for the
241986-87 school year as certified by the State Superintendent of
25Education pursuant to paragraph (B)(3); (2) for the 1990-91
26school year and for all subsequent school years, the budget and

 

 

SB0231 Engrossed- 479 -LRB099 03162 NHT 23170 b

1expenditures of the Board of Education shall reflect a ratio of
2administrative expenditures to total expenditures equal to or
3less than the statewide average of administrative expenditures
4certified by the State Superintendent of Education for the
5applicable year pursuant to paragraph (B)(3); (3) if for any
6school year the budget of the Board of Education reflects a
7ratio of administrative expenditures to total expenditures
8which exceeds the applicable statewide average, the Board of
9Education shall reduce expenditure items allocable to the
10administrative functions enumerated in paragraph (B)(1) such
11that the Board of Education's ratio of administrative
12expenditures to total expenditures is equal to or less than the
13applicable statewide average ratio.
14    For purposes of this Section, the ratio of administrative
15expenditures to the total expenditures of the Board of
16Education, as applied to the budget of the Board of Education,
17shall mean: the budgeted expenditure items of the Board of
18Education properly attributable to the expenditure functions
19identified in paragraph (B)(1) divided by the total budgeted
20expenditures of the Board of Education properly attributable to
21the Board of Education funds corresponding to those funds
22identified in paragraph (B)(2), exclusive of any monies
23budgeted for payment to the Public School Teachers' Pension and
24Retirement System, attributable to payments due from the
25General Funds of the State of Illinois.
26     The annual expenditure of the Board of Education for 2320

 

 

SB0231 Engrossed- 480 -LRB099 03162 NHT 23170 b

1(Executive Administrative Services) for the 1989-90 school
2year shall be no greater than the 2320 expenditure for the
31988-89 school year. The annual expenditure of the Board of
4Education for 2320 for the 1990-91 school year and each
5subsequent school year shall be no greater than the 2320
6expenditure for the immediately preceding school year or the
71988-89 school year, whichever is less. This annual expenditure
8limitation may be adjusted in each year in an amount not to
9exceed any change effective during the applicable school year
10in salary to be paid under the collective bargaining agreement
11with instructional personnel to which the Board is a party and
12in benefit costs either required by law or such collective
13bargaining agreement.
14    (D) Cost control measures. In undertaking actions to
15control or reduce expenditure items necessitated by the
16administrative expenditure limitations of this Section, the
17Board of Education shall give priority consideration to
18reductions or cost controls with the least effect upon direct
19services to students or instructional services for pupils, and
20upon the safety and well-being of pupils, and, as applicable,
21with the particular costs or functions to which the Board of
22Education is higher than the statewide average.
23    For purposes of assuring that the cost control priorities
24of this subsection (D) are met, the State Superintendent of
25Education shall, with the assistance of the Board of Education,
26review the cost allocation practices of the Board of Education,

 

 

SB0231 Engrossed- 481 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 482 -LRB099 03162 NHT 23170 b

1functions.
2    If the information required under this Section is not
3provided by the Board of Education in a timely manner, or is
4initially or subsequently determined by the State
5Superintendent of Education to be incomplete or inaccurate, the
6State Superintendent shall, in writing, notify the Board of
7Education of reporting deficiencies. The Board of Education
8shall, within 60 days of such notice, address the reporting
9deficiencies identified. If the State Superintendent of
10Education does not receive satisfactory response to these
11reporting deficiencies within 60 days, the next payment of
12general State aid or primary State aid due the Board of
13Education under Section 18-8 or Section 18-8.15, as applicable,
14and all subsequent payments, shall be withheld by the State
15Superintendent of Education until the enumerated deficiencies
16have been addressed.
17    Utilizing the Annual Financial Report, the State
18Superintendent of Education shall certify on or before May 1 to
19the School Finance Authority the Board of Education's ratio of
20administrative expenditures to total expenditures for the
211988-89 school year and for each succeeding school year. Such
22certification shall indicate the extent to which the
23administrative expenditure ratio of the Board of Education
24conformed to the limitations required in subsection (C) of this
25Section, taking into account any adjustments of the limitations
26which may have been recommended by the State Superintendent of

 

 

SB0231 Engrossed- 483 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 484 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 485 -LRB099 03162 NHT 23170 b

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

 

 

SB0231 Engrossed- 486 -LRB099 03162 NHT 23170 b

1efficiencies, and to assure full and proper compliance by the
2Board of Education with all requirements of this Section.
3    In the conduct of reviews under this subsection, the
4Authority may request the assistance and consultation of the
5State Superintendent of Education with regard to questions of
6efficiency and effectiveness in educational administration.
7    (H) Reports to Governor and General Assembly. On or before
8May 1, 1991 and no less frequently than yearly thereafter, the
9School Finance Authority shall provide to the Governor, the
10State Board of Education, and the members of the General
11Assembly an annual report, as outlined in Section 34A-606,
12which includes the following information: (1) documenting the
13compliance or non-compliance of the Board of Education with the
14requirements of this Section; (2) summarizing the costs,
15findings, and recommendations of any reviews directed by the
16School Finance Authority, and the response to such
17recommendations made by the Board of Education; and (3)
18recommending sanctions or legislation necessary to fulfill the
19intent of this Section.
20(Source: P.A. 86-124; 86-1477.)
 
21    (105 ILCS 5/34-53)  (from Ch. 122, par. 34-53)
22    Sec. 34-53. Tax levies; Purpose; Rates. For the purpose of
23establishing and supporting free schools for not fewer than 9
24months in each year and defraying their expenses the board may
25levy annually, upon all taxable property of such district for

 

 

SB0231 Engrossed- 487 -LRB099 03162 NHT 23170 b

1educational purposes a tax for the fiscal years 1996 and each
2succeeding fiscal year at a rate of not to exceed the sum of
3(i) 2.81% 3.07% (or such other rate as may be set by law
4independent of the rate difference described in (ii) below) and
5(ii) the difference between .50% and the rate per cent of taxes
6extended for a School Finance Authority organized under Article
734A of the School Code, for the calendar year in which the
8applicable fiscal year of the board begins as determined by the
9county clerk and certified to the board pursuant to Section
1018-110 of the Property Tax Code, of the value as equalized or
11assessed by the Department of Revenue for the year in which
12such levy is made.
13    For fiscal year 2017 and each succeeding fiscal year, for
14the purpose of making an employer contribution to the Public
15School Teachers' Pension and Retirement Fund of Chicago, the
16board shall levy annually, upon all taxable property located
17within the district, a tax at the rate of 0.26%. The proceeds
18from this additional tax shall be paid directly to the Pension
19Fund. The changes made to this Section by this amendatory Act
20of the 99th General Assembly: (1) do not authorize an increase
21in the district's maximum aggregate extension or limiting rate
22under the Property Tax Extension Limitation Law; and (2)
23constitute a continuation of the existing total maximum rate
24under this Section and are not a new rate for the purposes of
25the Property Tax Extension Limitation Law.
26     Nothing in this amendatory Act of 1995 shall in any way

 

 

SB0231 Engrossed- 488 -LRB099 03162 NHT 23170 b

1impair or restrict the levy or extension of taxes pursuant to
2any tax levies for any purposes of the board lawfully made
3prior to the adoption of this amendatory Act of 1995.
4    Notwithstanding any other provision of this Code and in
5addition to any other methods provided for increasing the tax
6rate the board may, by proper resolution, cause a proposition
7to increase the annual tax rate for educational purposes to be
8submitted to the voters of such district at any general or
9special election. The maximum rate for educational purposes
10shall not exceed 4.00%. The election called for such purpose
11shall be governed by Article 9 of this Act. If at such election
12a majority of the votes cast on the proposition is in favor
13thereof, the Board of Education may thereafter until such
14authority is revoked in a like manner, levy annually the tax so
15authorized.
16    For purposes of this Article, educational purposes for
17fiscal years beginning in 1995 and each subsequent year shall
18also include, but not be limited to, in addition to those
19purposes authorized before this amendatory Act of 1995,
20constructing, acquiring, leasing (other than from the Public
21Building Commission of Chicago), operating, maintaining,
22improving, repairing, and renovating land, buildings,
23furnishings, and equipment for school houses and buildings, and
24related incidental expenses, and provision of special
25education, furnishing free textbooks and instructional aids
26and school supplies, establishing, equipping, maintaining, and

 

 

SB0231 Engrossed- 489 -LRB099 03162 NHT 23170 b

1operating supervised playgrounds under the control of the
2board, school extracurricular activities, and stadia, social
3center, and summer swimming pool programs open to the public in
4connection with any public school; making an employer
5contribution to the Public School Teachers' Pension and
6Retirement Fund as required by Section 17-129 of the Illinois
7Pension Code; and providing an agricultural science school,
8including site development and improvements, maintenance
9repairs, and supplies. Educational purposes also includes
10student transportation expenses.
11    All collections of all taxes levied for fiscal years ending
12before 1996 under this Section or under Sections 34-53.2,
1334-53.3, 34-58, 34-60, or 34-62 of this Article as in effect
14prior to this amendatory Act of 1995 may be used for any
15educational purposes as defined by this amendatory Act of 1995
16and need not be used for the particular purposes for which they
17were levied. The levy and extension of taxes pursuant to this
18Section as amended by this amendatory Act of 1995 shall not
19constitute a new or increased tax rate within the meaning of
20the Property Tax Extension Limitation Law or the One-year
21Property Tax Extension Limitation Law.
22    The rate at which taxes may be levied for the fiscal year
23beginning September 1, 1996, for educational purposes shall be
24the full rate authorized by this Section for such taxes for
25fiscal years ending after 1995.
26(Source: P.A. 88-511; 88-670, eff. 12-2-94; 89-15, eff.

 

 

SB0231 Engrossed- 490 -LRB099 03162 NHT 23170 b

15-30-95.)
 
2    Section 950. The Educational Opportunity for Military
3Children Act is amended by changing Section 25 as follows:
 
4    (105 ILCS 70/25)
5    Sec. 25. Tuition for children of active duty military
6personnel who are transfer students. If a student who is a
7child of active duty military personnel is (i) placed with a
8non-custodial parent and (ii) as a result of placement, must
9attend a non-resident school district, then the student must
10not be charged the tuition of the school that the student
11attends as a result of placement with the non-custodial parent
12and the student must be counted in the calculation of average
13daily attendance under Section 18-8.05 or 18-8.15 of the School
14Code.
15(Source: P.A. 98-673, eff. 6-30-14.)
 
16    Section 955. The Illinois Public Aid Code is amended by
17changing Section 5-16.4 as follows:
 
18    (305 ILCS 5/5-16.4)
19    Sec. 5-16.4. Medical Assistance Provider Payment Fund.
20    (a) There is created in the State treasury the Medical
21Assistance Provider Payment Fund. Interest earned by the Fund
22shall be credited to the Fund.

 

 

SB0231 Engrossed- 491 -LRB099 03162 NHT 23170 b

1    (b) The Fund is created for the purpose of disbursing
2moneys as follows:
3        (1) For medical services provided to recipients of aid
4    under Articles V, VI, and XII.
5        (2) For payment of administrative expenses incurred by
6    the Illinois Department or its agent in performing the
7    activities authorized by this Section.
8        (3) For making transfers to the General Obligation Bond
9    Retirement and Interest Fund, as those transfers are
10    authorized in the proceedings authorizing debt under the
11    Medicaid Liability Liquidity Borrowing Act, but transfers
12    made under this paragraph (3) may not exceed the principal
13    amount of debt issued under that Act.
14    Disbursements from the Fund, other than transfers to the
15General Obligation Bond Retirement and Interest Fund (which
16shall be made in accordance with the provisions of the Medicaid
17Liability Liquidity Borrowing Act), shall be by warrants drawn
18by the State Comptroller upon receipt of vouchers duly executed
19and certified by the Illinois Department.
20    (c) The Fund shall consist of the following:
21        (1) All federal matching funds received by the Illinois
22    Department as a result of expenditures made by the Illinois
23    Department that are attributable to moneys deposited into
24    the Fund.
25        (2) Proceeds from any short-term borrowing directed to
26    the Fund by the Governor pursuant to the Medicaid Liability

 

 

SB0231 Engrossed- 492 -LRB099 03162 NHT 23170 b

1    Liquidity Borrowing Act.
2        (3) Amounts transferred into the Fund under subsection
3    (d) of this Section.
4        (4) All other moneys received for the Fund from any
5    other source, including interest earned on those moneys.
6    (d) Beginning July 1, 1995, on the 13th and 26th days of
7each month the State Comptroller and Treasurer shall transfer
8from the General Revenue Fund to the Medical Assistance
9Provider Payment Fund an amount equal to 1/48th of the annual
10Medical Assistance appropriation to the Department of
11Healthcare and Family Services (formerly Illinois Department
12of Public Aid) from the Medical Assistance Provider Payment
13Fund, plus cumulative deficiencies from those prior transfers.
14In addition to those transfers, the State Comptroller and
15Treasurer may transfer from the General Revenue Fund to the
16Medical Assistance Provider Payment Fund as much as is
17necessary to pay claims pursuant to the new twice-monthly
18payment schedule established in Section 5-16.5 and to avoid
19interest liabilities under the State Prompt Payment Act. No
20transfers made pursuant to this subsection shall interfere with
21the timely payment of the general State aid or primary State
22aid payment made pursuant to Section 18-11 of the School Code.
23(Source: P.A. 95-331, eff. 8-21-07.)
 
24    Section 995. Savings clause. Any repeal or amendment made
25by this Act shall not affect or impair any of the following:

 

 

SB0231 Engrossed- 493 -LRB099 03162 NHT 23170 b

1suits pending or rights existing at the time this Act takes
2effect; any grant or conveyance made or right acquired or cause
3of action now existing under any Section, Article, or Act
4repealed or amended by this Act; the validity of any bonds or
5other obligations issued or sold and constituting valid
6obligations of the issuing authority at the time this Act takes
7effect; the validity of any contract; the validity of any tax
8levied under any law in effect prior to the effective date of
9this Act; or any offense committed, act done, penalty,
10punishment, or forfeiture incurred or any claim, right, power,
11or remedy accrued under any law in effect prior to the
12effective date of this Act.
 
13    Section 999. Effective date. This Act takes effect upon
14becoming law.