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Full Text of SB3412  98th General Assembly

SB3412 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3412

 

Introduced 2/14/2014, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Replaces provisions concerning State goals and assessment. Requires the State Board of Education to establish the academic standards that are to be applicable to students who are subject to State assessments, with public participation. Provides that (i) beginning no later than the 2014-2015 school year, the State Board shall annually assess all students enrolled in grades 3 through 8 in English language arts and mathematics; (ii) beginning no later than the 2017-2018 school year, the State Board shall annually assess all students in science at one grade in grades 3 through 5, at one grade in grades 6 through 9, and at one grade in grades 10 through 12; and (iii) the State Board shall annually assess schools that operate a secondary education program in English language arts and mathematics. Provides that the State Board shall administer no more than 3 assessments, per student, of English language arts and mathematics for students in a secondary education program and one of these assessments shall include a college and career ready determination. Provides that students who are not assessed for college and career ready determinations may not receive a regular high school diploma unless the student is exempted from taking State assessments. Sets forth provisions concerning students receiving special education services and students determined to have limited English proficiency, results of scores, the National Assessment of Educational Progress, and local assessments. Makes related changes. Effective July 1, 2014.


LRB098 19883 NHT 55102 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3412LRB098 19883 NHT 55102 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 5. The School Code is amended by changing Sections
52-3.51.5, 2-3.64a, 10-29, 13B-25.25, 18-8.05, 21B-75, and
627A-6 and by adding Section 2-3.64a-5 as follows:
 
7    (105 ILCS 5/2-3.51.5)
8    Sec. 2-3.51.5. School Safety and Educational Improvement
9Block Grant Program. To improve the level of education and
10safety of students from kindergarten through grade 12 in school
11districts and State-recognized, non-public schools. The State
12Board of Education is authorized to fund a School Safety and
13Educational Improvement Block Grant Program.
14    (1) For school districts, the program shall provide funding
15for school safety, textbooks and software, electronic
16textbooks and the technological equipment necessary to gain
17access to and use electronic textbooks, teacher training and
18curriculum development, school improvements, remediation
19programs under subsection (a) of Section 2-3.64, school report
20cards under Section 10-17a, and criminal history records checks
21under Sections 10-21.9 and 34-18.5. For State-recognized,
22non-public schools, the program shall provide funding for
23secular textbooks and software, criminal history records

 

 

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1checks, and health and safety mandates to the extent that the
2funds are expended for purely secular purposes. A school
3district or laboratory school as defined in Section 18-8 or
418-8.05 is not required to file an application in order to
5receive the categorical funding to which it is entitled under
6this Section. Funds for the School Safety and Educational
7Improvement Block Grant Program shall be distributed to school
8districts and laboratory schools based on the prior year's best
93 months average daily attendance. Funds for the School Safety
10and Educational Improvement Block Grant Program shall be
11distributed to State-recognized, non-public schools based on
12the average daily attendance figure for the previous school
13year provided to the State Board of Education. The State Board
14of Education shall develop an application that requires
15State-recognized, non-public schools to submit average daily
16attendance figures. A State-recognized, non-public school must
17submit the application and average daily attendance figure
18prior to receiving funds under this Section. The State Board of
19Education shall promulgate rules and regulations necessary for
20the implementation of this program.
21    (2) Distribution of moneys to school districts and
22State-recognized, non-public schools shall be made in 2
23semi-annual installments, one payment on or before October 30,
24and one payment prior to April 30, of each fiscal year.
25    (3) Grants under the School Safety and Educational
26Improvement Block Grant Program shall be awarded provided there

 

 

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1is an appropriation for the program, and funding levels for
2each district shall be prorated according to the amount of the
3appropriation.
4    (4) The provisions of this Section are in the public
5interest, are for the public benefit, and serve secular public
6purposes.
7(Source: P.A. 95-707, eff. 1-11-08; 96-1403, eff. 7-29-10.)
 
8    (105 ILCS 5/2-3.64a)
9    Sec. 2-3.64a. State Testing Review Committee. The State
10Superintendent shall appoint a committee of no more than 20
11consisting of parents, teachers, school administrators, and
12concerned citizens to review the Illinois Goals and Assessment
13Program tests administered by the State Board of Education. The
14Committee shall select one of the parent representatives as its
15chairman. The Committee shall meet on an ongoing basis to
16review the content and design of the tests (including whether
17the requirements of subsection (i) of Section 2-3.64a-5 of this
18Code a-5 of Section 2-3.64 have been met), the time and money
19expended at the local and state levels to prepare for and
20administer the tests, the collective results of the tests as
21measured against the stated purpose of testing student
22performance, and other issues involving the tests identified by
23the Committee. The Committee shall make periodic
24recommendations to the State Superintendent and the General
25Assembly concerning the tests.

 

 

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1(Source: P.A. 89-184, eff. 7-19-95; 90-789, eff. 8-14-98.)
 
2    (105 ILCS 5/2-3.64a-5 new)
3    Sec. 2-3.64a-5. State goals and assessment.
4    (a) For the assessment and accountability purposes of this
5Section, "students" includes those students enrolled in a
6public or State-operated elementary school, secondary school,
7or cooperative or joint agreement with a governing body or
8board of control, a charter school operating in compliance with
9the Charter Schools Law, a school operated by a regional office
10of education under Section 13A-3 of this Code, or a public
11school administered by a local public agency or the Department
12of Human Services.
13    (b) The State Board of Education shall establish the
14academic standards that are to be applicable to students who
15are subject to State assessments under this Section. The State
16Board of Education shall not establish any such standards in
17final form without first providing opportunities for public
18participation and local input in the development of the final
19academic standards. Those opportunities shall include a
20well-publicized period of public comment and opportunities to
21file written comments.
22    (c) Beginning no later than the 2014-2015 school year, the
23State Board of Education shall annually assess all students
24enrolled in grades 3 through 8 in English language arts and
25mathematics.

 

 

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1    Beginning no later than the 2017-2018 school year, the
2State Board of Education shall annually assess all students in
3science at one grade in grades 3 through 5, at one grade in
4grades 6 through 9, and at one grade in grades 10 through 12.
5    The State Board of Education shall annually assess schools
6that operate a secondary education program, as defined in
7Section 22-22 of this Code, in English language arts and
8mathematics. The State Board of Education shall administer no
9more than 3 assessments, per student, of English language arts
10and mathematics for students in a secondary education program.
11One of these assessments shall include a college and career
12ready determination.
13    Students who are not assessed for college and career ready
14determinations may not receive a regular high school diploma
15unless the student is exempted from taking State assessments
16under subsection (d) of this Section because (i) the student's
17individualized educational program developed under Article 14
18of this Code identifies the State assessment as inappropriate
19for the student, (ii) the student is enrolled in a program of
20adult and continuing education, as defined in the Adult
21Education Act, (iii) the school district is not required to
22test the individual student for purposes of accountability
23under federal No Child Left Behind Act of 2001 requirements,
24(iv) the student has been determined to have limited English
25proficiency and has attended schools in the United States for
26less than 12 months, or (v) the student is otherwise identified

 

 

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1by the State Board of Education, through rules, as being exempt
2from the assessment.
3    The State Board of Education shall not assess students
4under this Section in physical development and health, fine
5arts, and the social sciences (history, geography, civics,
6economics, and government).
7    Districts shall inform their students of the timelines and
8procedures applicable to their participation in every yearly
9administration of the State assessments. The State Board of
10Education shall establish periods of time in each school year
11during which State testing shall occur to meet the objectives
12of this Section.
13    (d) Every individualized educational program as described
14in Article 14 shall identify if the State assessment or
15components thereof are appropriate for the student. The State
16Board of Education shall develop rules governing the
17administration of an alternate assessment that may be available
18to students for whom participation in this State's regular
19assessments is not appropriate, even with accommodations as
20allowed under this Section.
21    Students receiving special education services whose
22individualized educational programs identify them as eligible
23for the alternative State assessments nevertheless shall have
24the option of taking this State's regular assessment that
25includes a college and career ready determination, which shall
26be administered in accordance with the eligible accommodations

 

 

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1appropriate for meeting these students' respective needs.
2    All students determined to have limited English
3proficiency shall participate in the State assessments,
4excepting those students residing in the United States for less
5than 12 months. Such students may be exempted from
6participation in one annual administration of the English
7language arts assessment. Any student determined to have
8limited English proficiency may receive appropriate assessment
9accommodations, which shall be established by rule. Approved
10assessment accommodations may be provided until the student's
11English language skills develop to the extent that the student
12is no longer considered to have limited English proficiency, as
13demonstrated through a State-identified English language
14proficiency assessment.
15    (e) The results or scores of each assessment taken under
16this Section shall be made available to the parents of each
17student.
18    Every school year, scores received by students on the State
19assessments administered in grades 3 through 12 shall be placed
20into each student's temporary record maintained pursuant to the
21Illinois School Student Records Act.
22    (f) All schools shall administer an academic assessment of
23English language proficiency in oral comprehension (listening
24and speaking) and reading and writing skills to all children of
25limited English speaking ability as prescribed by the State
26Board of Education pursuant to Section 14C-3 of this Code.

 

 

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1    (g) All schools in this State that are part of the sample
2drawn by the National Center for Education Statistics, in
3collaboration with their school districts and the State Board
4of Education, shall administer the biennial academic
5assessments under the National Assessment of Educational
6Progress carried out under Section 411(b)(2) of the federal
7National Education Statistics Act of 1994 (20 U.S.C. 9010) if
8the U.S. Secretary of Education pays the costs of administering
9the assessments.
10    (h) Subject to available funds to this State for the
11purpose of student assessment, the State Board of Education
12shall provide additional tests and assessment resources that
13may be used by school districts for local assessment purposes.
14The State Board of Education shall annually distribute a
15listing of these additional resources.
16    (i) For the purposes of this subsection (i), "academically
17based assessments" means assessments consisting of questions
18and answers that are measurable and quantifiable to measure the
19knowledge, skills, and ability of students in the subject
20matters covered by the tests. All assessments administered
21pursuant to this Section must be academically based
22assessments. The scoring of academically based assessments
23shall be reliable, valid, and fair and shall meet the
24guidelines for test development and use prescribed by the
25American Psychological Association, the National Council on
26Measurement in Education, and the American Educational

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (h) The State Board of Education may adopt any rules
2necessary to ensure compliance by remote educational programs
3with the requirements of this Section and other applicable
4legal requirements.
5(Source: P.A. 96-684, eff. 8-25-09; 97-339, eff. 8-12-11.)
 
6    (105 ILCS 5/13B-25.25)
7    Sec. 13B-25.25. Testing and assessment. A district plan for
8an alternative learning opportunities program operated through
9a cooperative or intergovernmental agreement must provide
10procedures for ensuring that students are included in the
11administration of statewide testing programs. Students
12enrolled in an alternative learning opportunities program
13shall participate in State assessments under Section 2-3.64a-5
142-3.64 of this Code.
15(Source: P.A. 92-42, eff. 1-1-02.)
 
16    (105 ILCS 5/18-8.05)
17    Sec. 18-8.05. Basis for apportionment of general State
18financial aid and supplemental general State aid to the common
19schools for the 1998-1999 and subsequent school years.
 
20(A) General Provisions.
21    (1) The provisions of this Section apply to the 1998-1999
22and subsequent school years. The system of general State
23financial aid provided for in this Section is designed to

 

 

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1assure that, through a combination of State financial aid and
2required local resources, the financial support provided each
3pupil in Average Daily Attendance equals or exceeds a
4prescribed per pupil Foundation Level. This formula approach
5imputes a level of per pupil Available Local Resources and
6provides for the basis to calculate a per pupil level of
7general State financial aid that, when added to Available Local
8Resources, equals or exceeds the Foundation Level. The amount
9of per pupil general State financial aid for school districts,
10in general, varies in inverse relation to Available Local
11Resources. Per pupil amounts are based upon each school
12district's Average Daily Attendance as that term is defined in
13this Section.
14    (2) In addition to general State financial aid, school
15districts with specified levels or concentrations of pupils
16from low income households are eligible to receive supplemental
17general State financial aid grants as provided pursuant to
18subsection (H). The supplemental State aid grants provided for
19school districts under subsection (H) shall be appropriated for
20distribution to school districts as part of the same line item
21in which the general State financial aid of school districts is
22appropriated under this Section.
23    (3) To receive financial assistance under this Section,
24school districts are required to file claims with the State
25Board of Education, subject to the following requirements:
26        (a) Any school district which fails for any given

 

 

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

 

 

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1in this Section may apply those funds to any fund so received
2for which that board is authorized to make expenditures by law.
3    School districts are not required to exert a minimum
4Operating Tax Rate in order to qualify for assistance under
5this Section.
6    (5) As used in this Section the following terms, when
7capitalized, shall have the meaning ascribed herein:
8        (a) "Average Daily Attendance": A count of pupil
9    attendance in school, averaged as provided for in
10    subsection (C) and utilized in deriving per pupil financial
11    support levels.
12        (b) "Available Local Resources": A computation of
13    local financial support, calculated on the basis of Average
14    Daily Attendance and derived as provided pursuant to
15    subsection (D).
16        (c) "Corporate Personal Property Replacement Taxes":
17    Funds paid to local school districts pursuant to "An Act in
18    relation to the abolition of ad valorem personal property
19    tax and the replacement of revenues lost thereby, and
20    amending and repealing certain Acts and parts of Acts in
21    connection therewith", certified August 14, 1979, as
22    amended (Public Act 81-1st S.S.-1).
23        (d) "Foundation Level": A prescribed level of per pupil
24    financial support as provided for in subsection (B).
25        (e) "Operating Tax Rate": All school district property
26    taxes extended for all purposes, except Bond and Interest,

 

 

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1    Summer School, Rent, Capital Improvement, and Vocational
2    Education Building purposes.
 
3(B) Foundation Level.
4    (1) The Foundation Level is a figure established by the
5State representing the minimum level of per pupil financial
6support that should be available to provide for the basic
7education of each pupil in Average Daily Attendance. As set
8forth in this Section, each school district is assumed to exert
9a sufficient local taxing effort such that, in combination with
10the aggregate of general State financial aid provided the
11district, an aggregate of State and local resources are
12available to meet the basic education needs of pupils in the
13district.
14    (2) For the 1998-1999 school year, the Foundation Level of
15support is $4,225. For the 1999-2000 school year, the
16Foundation Level of support is $4,325. For the 2000-2001 school
17year, the Foundation Level of support is $4,425. For the
182001-2002 school year and 2002-2003 school year, the Foundation
19Level of support is $4,560. For the 2003-2004 school year, the
20Foundation Level of support is $4,810. For the 2004-2005 school
21year, the Foundation Level of support is $4,964. For the
222005-2006 school year, the Foundation Level of support is
23$5,164. For the 2006-2007 school year, the Foundation Level of
24support is $5,334. For the 2007-2008 school year, the
25Foundation Level of support is $5,734. For the 2008-2009 school

 

 

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

 

 

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1general State aid is being calculated.
 
2(D) Available Local Resources.
3    (1) For purposes of calculating general State aid pursuant
4to subsection (E), a representation of Available Local
5Resources per pupil, as that term is defined and determined in
6this subsection, shall be utilized. Available Local Resources
7per pupil shall include a calculated dollar amount representing
8local school district revenues from local property taxes and
9from Corporate Personal Property Replacement Taxes, expressed
10on the basis of pupils in Average Daily Attendance. Calculation
11of Available Local Resources shall exclude any tax amnesty
12funds received as a result of Public Act 93-26.
13    (2) In determining a school district's revenue from local
14property taxes, the State Board of Education shall utilize the
15equalized assessed valuation of all taxable property of each
16school district as of September 30 of the previous year. The
17equalized assessed valuation utilized shall be obtained and
18determined as provided in subsection (G).
19    (3) For school districts maintaining grades kindergarten
20through 12, local property tax revenues per pupil shall be
21calculated as the product of the applicable equalized assessed
22valuation for the district multiplied by 3.00%, and divided by
23the district's Average Daily Attendance figure. For school
24districts maintaining grades kindergarten through 8, local
25property tax revenues per pupil shall be calculated as the

 

 

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

 

 

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1that term is utilized in subsection (E) in the calculation of
2general State aid.
 
3(E) Computation of General State Aid.
4    (1) For each school year, the amount of general State aid
5allotted to a school district shall be computed by the State
6Board of Education as provided in this subsection.
7    (2) For any school district for which Available Local
8Resources per pupil is less than the product of 0.93 times the
9Foundation Level, general State aid for that district shall be
10calculated as an amount equal to the Foundation Level minus
11Available Local Resources, multiplied by the Average Daily
12Attendance of the school district.
13    (3) For any school district for which Available Local
14Resources per pupil is equal to or greater than the product of
150.93 times the Foundation Level and less than the product of
161.75 times the Foundation Level, the general State aid per
17pupil shall be a decimal proportion of the Foundation Level
18derived using a linear algorithm. Under this linear algorithm,
19the calculated general State aid per pupil shall decline in
20direct linear fashion from 0.07 times the Foundation Level for
21a school district with Available Local Resources equal to the
22product of 0.93 times the Foundation Level, to 0.05 times the
23Foundation Level for a school district with Available Local
24Resources equal to the product of 1.75 times the Foundation
25Level. The allocation of general State aid for school districts

 

 

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1subject to this paragraph 3 shall be the calculated general
2State aid per pupil figure multiplied by the Average Daily
3Attendance of the school district.
4    (4) For any school district for which Available Local
5Resources per pupil equals or exceeds the product of 1.75 times
6the Foundation Level, the general State aid for the school
7district shall be calculated as the product of $218 multiplied
8by the Average Daily Attendance of the school district.
9    (5) The amount of general State aid allocated to a school
10district for the 1999-2000 school year meeting the requirements
11set forth in paragraph (4) of subsection (G) shall be increased
12by an amount equal to the general State aid that would have
13been received by the district for the 1998-1999 school year by
14utilizing the Extension Limitation Equalized Assessed
15Valuation as calculated in paragraph (4) of subsection (G) less
16the general State aid allotted for the 1998-1999 school year.
17This amount shall be deemed a one time increase, and shall not
18affect any future general State aid allocations.
 
19(F) Compilation of Average Daily Attendance.
20    (1) Each school district shall, by July 1 of each year,
21submit to the State Board of Education, on forms prescribed by
22the State Board of Education, attendance figures for the school
23year that began in the preceding calendar year. The attendance
24information so transmitted shall identify the average daily
25attendance figures for each month of the school year. Beginning

 

 

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1with the general State aid claim form for the 2002-2003 school
2year, districts shall calculate Average Daily Attendance as
3provided in subdivisions (a), (b), and (c) of this paragraph
4(1).
5        (a) In districts that do not hold year-round classes,
6    days of attendance in August shall be added to the month of
7    September and any days of attendance in June shall be added
8    to the month of May.
9        (b) In districts in which all buildings hold year-round
10    classes, days of attendance in July and August shall be
11    added to the month of September and any days of attendance
12    in June shall be added to the month of May.
13        (c) In districts in which some buildings, but not all,
14    hold year-round classes, for the non-year-round buildings,
15    days of attendance in August shall be added to the month of
16    September and any days of attendance in June shall be added
17    to the month of May. The average daily attendance for the
18    year-round buildings shall be computed as provided in
19    subdivision (b) of this paragraph (1). To calculate the
20    Average Daily Attendance for the district, the average
21    daily attendance for the year-round buildings shall be
22    multiplied by the days in session for the non-year-round
23    buildings for each month and added to the monthly
24    attendance of the non-year-round buildings.
25    Except as otherwise provided in this Section, days of
26attendance by pupils shall be counted only for sessions of not

 

 

SB3412- 28 -LRB098 19883 NHT 55102 b

1less than 5 clock hours of school work per day under direct
2supervision of: (i) teachers, or (ii) non-teaching personnel or
3volunteer personnel when engaging in non-teaching duties and
4supervising in those instances specified in subsection (a) of
5Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
6of legal school age and in kindergarten and grades 1 through
712.
8    Days of attendance by tuition pupils shall be accredited
9only to the districts that pay the tuition to a recognized
10school.
11    (2) Days of attendance by pupils of less than 5 clock hours
12of school shall be subject to the following provisions in the
13compilation of Average Daily Attendance.
14        (a) Pupils regularly enrolled in a public school for
15    only a part of the school day may be counted on the basis
16    of 1/6 day for every class hour of instruction of 40
17    minutes or more attended pursuant to such enrollment,
18    unless a pupil is enrolled in a block-schedule format of 80
19    minutes or more of instruction, in which case the pupil may
20    be counted on the basis of the proportion of minutes of
21    school work completed each day to the minimum number of
22    minutes that school work is required to be held that day.
23        (b) (Blank).
24        (c) A session of 4 or more clock hours may be counted
25    as a day of attendance upon certification by the regional
26    superintendent, and approved by the State Superintendent

 

 

SB3412- 29 -LRB098 19883 NHT 55102 b

1    of Education to the extent that the district has been
2    forced to use daily multiple sessions.
3        (d) A session of 3 or more clock hours may be counted
4    as a day of attendance (1) when the remainder of the school
5    day or at least 2 hours in the evening of that day is
6    utilized for an in-service training program for teachers,
7    up to a maximum of 5 days per school year, provided a
8    district conducts an in-service training program for
9    teachers in accordance with Section 10-22.39 of this Code;
10    or, in lieu of 4 such days, 2 full days may be used, in
11    which event each such day may be counted as a day required
12    for a legal school calendar pursuant to Section 10-19 of
13    this Code; (1.5) when, of the 5 days allowed under item
14    (1), a maximum of 4 days are used for parent-teacher
15    conferences, or, in lieu of 4 such days, 2 full days are
16    used, in which case each such day may be counted as a
17    calendar day required under Section 10-19 of this Code,
18    provided that the full-day, parent-teacher conference
19    consists of (i) a minimum of 5 clock hours of
20    parent-teacher conferences, (ii) both a minimum of 2 clock
21    hours of parent-teacher conferences held in the evening
22    following a full day of student attendance, as specified in
23    subsection (F)(1)(c), and a minimum of 3 clock hours of
24    parent-teacher conferences held on the day immediately
25    following evening parent-teacher conferences, or (iii)
26    multiple parent-teacher conferences held in the evenings

 

 

SB3412- 30 -LRB098 19883 NHT 55102 b

1    following full days of student attendance, as specified in
2    subsection (F)(1)(c), in which the time used for the
3    parent-teacher conferences is equivalent to a minimum of 5
4    clock hours; and (2) when days in addition to those
5    provided in items (1) and (1.5) are scheduled by a school
6    pursuant to its school improvement plan adopted under
7    Article 34 or its revised or amended school improvement
8    plan adopted under Article 2, provided that (i) such
9    sessions of 3 or more clock hours are scheduled to occur at
10    regular intervals, (ii) the remainder of the school days in
11    which such sessions occur are utilized for in-service
12    training programs or other staff development activities
13    for teachers, and (iii) a sufficient number of minutes of
14    school work under the direct supervision of teachers are
15    added to the school days between such regularly scheduled
16    sessions to accumulate not less than the number of minutes
17    by which such sessions of 3 or more clock hours fall short
18    of 5 clock hours. Any full days used for the purposes of
19    this paragraph shall not be considered for computing
20    average daily attendance. Days scheduled for in-service
21    training programs, staff development activities, or
22    parent-teacher conferences may be scheduled separately for
23    different grade levels and different attendance centers of
24    the district.
25        (e) A session of not less than one clock hour of
26    teaching hospitalized or homebound pupils on-site or by

 

 

SB3412- 31 -LRB098 19883 NHT 55102 b

1    telephone to the classroom may be counted as 1/2 day of
2    attendance, however these pupils must receive 4 or more
3    clock hours of instruction to be counted for a full day of
4    attendance.
5        (f) A session of at least 4 clock hours may be counted
6    as a day of attendance for first grade pupils, and pupils
7    in full day kindergartens, and a session of 2 or more hours
8    may be counted as 1/2 day of attendance by pupils in
9    kindergartens which provide only 1/2 day of attendance.
10        (g) For children with disabilities who are below the
11    age of 6 years and who cannot attend 2 or more clock hours
12    because of their disability or immaturity, a session of not
13    less than one clock hour may be counted as 1/2 day of
14    attendance; however for such children whose educational
15    needs so require a session of 4 or more clock hours may be
16    counted as a full day of attendance.
17        (h) A recognized kindergarten which provides for only
18    1/2 day of attendance by each pupil shall not have more
19    than 1/2 day of attendance counted in any one day. However,
20    kindergartens may count 2 1/2 days of attendance in any 5
21    consecutive school days. When a pupil attends such a
22    kindergarten for 2 half days on any one school day, the
23    pupil shall have the following day as a day absent from
24    school, unless the school district obtains permission in
25    writing from the State Superintendent of Education.
26    Attendance at kindergartens which provide for a full day of

 

 

SB3412- 32 -LRB098 19883 NHT 55102 b

1    attendance by each pupil shall be counted the same as
2    attendance by first grade pupils. Only the first year of
3    attendance in one kindergarten shall be counted, except in
4    case of children who entered the kindergarten in their
5    fifth year whose educational development requires a second
6    year of kindergarten as determined under the rules and
7    regulations of the State Board of Education.
8        (i) On the days when the assessment that includes a
9    college and career ready determination Prairie State
10    Achievement Examination is administered under subsection
11    (c) of Section 2-3.64a-5 2-3.64 of this Code, the day of
12    attendance for a pupil whose school day must be shortened
13    to accommodate required testing procedures may be less than
14    5 clock hours and shall be counted towards the 176 days of
15    actual pupil attendance required under Section 10-19 of
16    this Code, provided that a sufficient number of minutes of
17    school work in excess of 5 clock hours are first completed
18    on other school days to compensate for the loss of school
19    work on the examination days.
20        (j) Pupils enrolled in a remote educational program
21    established under Section 10-29 of this Code may be counted
22    on the basis of one-fifth day of attendance for every clock
23    hour of instruction attended in the remote educational
24    program, provided that, in any month, the school district
25    may not claim for a student enrolled in a remote
26    educational program more days of attendance than the

 

 

SB3412- 33 -LRB098 19883 NHT 55102 b

1    maximum number of days of attendance the district can claim
2    (i) for students enrolled in a building holding year-round
3    classes if the student is classified as participating in
4    the remote educational program on a year-round schedule or
5    (ii) for students enrolled in a building not holding
6    year-round classes if the student is not classified as
7    participating in the remote educational program on a
8    year-round schedule.
 
9(G) Equalized Assessed Valuation Data.
10    (1) For purposes of the calculation of Available Local
11Resources required pursuant to subsection (D), the State Board
12of Education shall secure from the Department of Revenue the
13value as equalized or assessed by the Department of Revenue of
14all taxable property of every school district, together with
15(i) the applicable tax rate used in extending taxes for the
16funds of the district as of September 30 of the previous year
17and (ii) the limiting rate for all school districts subject to
18property tax extension limitations as imposed under the
19Property Tax Extension Limitation Law.
20    The Department of Revenue shall add to the equalized
21assessed value of all taxable property of each school district
22situated entirely or partially within a county that is or was
23subject to the provisions of Section 15-176 or 15-177 of the
24Property Tax Code (a) an amount equal to the total amount by
25which the homestead exemption allowed under Section 15-176 or

 

 

SB3412- 34 -LRB098 19883 NHT 55102 b

115-177 of the Property Tax Code for real property situated in
2that school district exceeds the total amount that would have
3been allowed in that school district if the maximum reduction
4under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
5all other counties in tax year 2003 or (ii) $5,000 in all
6counties in tax year 2004 and thereafter and (b) an amount
7equal to the aggregate amount for the taxable year of all
8additional exemptions under Section 15-175 of the Property Tax
9Code for owners with a household income of $30,000 or less. The
10county clerk of any county that is or was subject to the
11provisions of Section 15-176 or 15-177 of the Property Tax Code
12shall annually calculate and certify to the Department of
13Revenue for each school district all homestead exemption
14amounts under Section 15-176 or 15-177 of the Property Tax Code
15and all amounts of additional exemptions under Section 15-175
16of the Property Tax Code for owners with a household income of
17$30,000 or less. It is the intent of this paragraph that if the
18general homestead exemption for a parcel of property is
19determined under Section 15-176 or 15-177 of the Property Tax
20Code rather than Section 15-175, then the calculation of
21Available Local Resources shall not be affected by the
22difference, if any, between the amount of the general homestead
23exemption allowed for that parcel of property under Section
2415-176 or 15-177 of the Property Tax Code and the amount that
25would have been allowed had the general homestead exemption for
26that parcel of property been determined under Section 15-175 of

 

 

SB3412- 35 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 36 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 37 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 38 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 39 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 40 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 41 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 42 -LRB098 19883 NHT 55102 b

1the low-income eligible pupil count of a high school district
2with fewer than 400 students exceeds by 75% or more the
3percentage change in the total low-income eligible pupil count
4of contiguous elementary school districts, whose boundaries
5are coterminous with the high school district, or (ii) a high
6school district within 2 counties and serving 5 elementary
7school districts, whose boundaries are coterminous with the
8high school district, has a percentage decrease from the 2 most
9recent federal censuses in the low-income eligible pupil count
10and there is a percentage increase in the total low-income
11eligible pupil count of a majority of the elementary school
12districts in excess of 50% from the 2 most recent federal
13censuses, then the high school district's low-income eligible
14pupil count from the earlier federal census shall be the number
15used as the low-income eligible pupil count for the high school
16district, for purposes of this subsection (H). The changes made
17to this paragraph (1) by Public Act 92-28 shall apply to
18supplemental general State aid grants for school years
19preceding the 2003-2004 school year that are paid in fiscal
20year 1999 or thereafter and to any State aid payments made in
21fiscal year 1994 through fiscal year 1998 pursuant to
22subsection 1(n) of Section 18-8 of this Code (which was
23repealed on July 1, 1998), and any high school district that is
24affected by Public Act 92-28 is entitled to a recomputation of
25its supplemental general State aid grant or State aid paid in
26any of those fiscal years. This recomputation shall not be

 

 

SB3412- 43 -LRB098 19883 NHT 55102 b

1affected by any other funding.
2    (1.10) This paragraph (1.10) applies to the 2003-2004
3school year and each school year thereafter. For purposes of
4this subsection (H), the term "Low-Income Concentration Level"
5shall, for each fiscal year, be the low-income eligible pupil
6count as of July 1 of the immediately preceding fiscal year (as
7determined by the Department of Human Services based on the
8number of pupils who are eligible for at least one of the
9following low income programs: Medicaid, the Children's Health
10Insurance Program, TANF, or Food Stamps, excluding pupils who
11are eligible for services provided by the Department of
12Children and Family Services, averaged over the 2 immediately
13preceding fiscal years for fiscal year 2004 and over the 3
14immediately preceding fiscal years for each fiscal year
15thereafter) divided by the Average Daily Attendance of the
16school district.
17    (2) Supplemental general State aid pursuant to this
18subsection (H) shall be provided as follows for the 1998-1999,
191999-2000, and 2000-2001 school years only:
20        (a) For any school district with a Low Income
21    Concentration Level of at least 20% and less than 35%, the
22    grant for any school year shall be $800 multiplied by the
23    low income eligible pupil count.
24        (b) For any school district with a Low Income
25    Concentration Level of at least 35% and less than 50%, the
26    grant for the 1998-1999 school year shall be $1,100

 

 

SB3412- 44 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 45 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 46 -LRB098 19883 NHT 55102 b

1        (b) For any school district with a Low Income
2    Concentration Level greater than 15%, the grant for each
3    school year shall be $294.25 added to the product of $2,700
4    and the square of the Low Income Concentration Level, all
5    multiplied by the low income eligible pupil count.
6    For the 2003-2004 school year and each school year
7thereafter through the 2008-2009 school year only, the grant
8shall be no less than the grant for the 2002-2003 school year.
9For the 2009-2010 school year only, the grant shall be no less
10than the grant for the 2002-2003 school year multiplied by
110.66. For the 2010-2011 school year only, the grant shall be no
12less than the grant for the 2002-2003 school year multiplied by
130.33. Notwithstanding the provisions of this paragraph to the
14contrary, if for any school year supplemental general State aid
15grants are prorated as provided in paragraph (1) of this
16subsection (H), then the grants under this paragraph shall be
17prorated.
18    For the 2003-2004 school year only, the grant shall be no
19greater than the grant received during the 2002-2003 school
20year added to the product of 0.25 multiplied by the difference
21between the grant amount calculated under subsection (a) or (b)
22of this paragraph (2.10), whichever is applicable, and the
23grant received during the 2002-2003 school year. For the
242004-2005 school year only, the grant shall be no greater than
25the grant received during the 2002-2003 school year added to
26the product of 0.50 multiplied by the difference between the

 

 

SB3412- 47 -LRB098 19883 NHT 55102 b

1grant amount calculated under subsection (a) or (b) of this
2paragraph (2.10), whichever is applicable, and the grant
3received during the 2002-2003 school year. For the 2005-2006
4school year only, the grant shall be no greater than the grant
5received during the 2002-2003 school year added to the product
6of 0.75 multiplied by the difference between the grant amount
7calculated under subsection (a) or (b) of this paragraph
8(2.10), whichever is applicable, and the grant received during
9the 2002-2003 school year.
10    (3) School districts with an Average Daily Attendance of
11more than 1,000 and less than 50,000 that qualify for
12supplemental general State aid pursuant to this subsection
13shall submit a plan to the State Board of Education prior to
14October 30 of each year for the use of the funds resulting from
15this grant of supplemental general State aid for the
16improvement of instruction in which priority is given to
17meeting the education needs of disadvantaged children. Such
18plan shall be submitted in accordance with rules and
19regulations promulgated by the State Board of Education.
20    (4) School districts with an Average Daily Attendance of
2150,000 or more that qualify for supplemental general State aid
22pursuant to this subsection shall be required to distribute
23from funds available pursuant to this Section, no less than
24$261,000,000 in accordance with the following requirements:
25        (a) The required amounts shall be distributed to the
26    attendance centers within the district in proportion to the

 

 

SB3412- 48 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 49 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 50 -LRB098 19883 NHT 55102 b

1    written notice of intent to modify. Districts may amend
2    approved plans pursuant to rules promulgated by the State
3    Board of Education.
4        Upon notification by the State Board of Education that
5    the district has not submitted a plan prior to July 15 or a
6    modified plan within the time period specified herein, the
7    State aid funds affected by that plan or modified plan
8    shall be withheld by the State Board of Education until a
9    plan or modified plan is submitted.
10        If the district fails to distribute State aid to
11    attendance centers in accordance with an approved plan, the
12    plan for the following year shall allocate funds, in
13    addition to the funds otherwise required by this
14    subsection, to those attendance centers which were
15    underfunded during the previous year in amounts equal to
16    such underfunding.
17        For purposes of determining compliance with this
18    subsection in relation to the requirements of attendance
19    center funding, each district subject to the provisions of
20    this subsection shall submit as a separate document by
21    December 1 of each year a report of expenditure data for
22    the prior year in addition to any modification of its
23    current plan. If it is determined that there has been a
24    failure to comply with the expenditure provisions of this
25    subsection regarding contravention or supplanting, the
26    State Superintendent of Education shall, within 60 days of

 

 

SB3412- 51 -LRB098 19883 NHT 55102 b

1    receipt of the report, notify the district and any affected
2    local school council. The district shall within 45 days of
3    receipt of that notification inform the State
4    Superintendent of Education of the remedial or corrective
5    action to be taken, whether by amendment of the current
6    plan, if feasible, or by adjustment in the plan for the
7    following year. Failure to provide the expenditure report
8    or the notification of remedial or corrective action in a
9    timely manner shall result in a withholding of the affected
10    funds.
11        The State Board of Education shall promulgate rules and
12    regulations to implement the provisions of this
13    subsection. No funds shall be released under this
14    subdivision (H)(4) to any district that has not submitted a
15    plan that has been approved by the State Board of
16    Education.
 
17(I) (Blank).
 
18(J) (Blank).
 
19(K) Grants to Laboratory and Alternative Schools.
20    In calculating the amount to be paid to the governing board
21of a public university that operates a laboratory school under
22this Section or to any alternative school that is operated by a
23regional superintendent of schools, the State Board of

 

 

SB3412- 52 -LRB098 19883 NHT 55102 b

1Education shall require by rule such reporting requirements as
2it deems necessary.
3    As used in this Section, "laboratory school" means a public
4school which is created and operated by a public university and
5approved by the State Board of Education. The governing board
6of a public university which receives funds from the State
7Board under this subsection (K) may not increase the number of
8students enrolled in its laboratory school from a single
9district, if that district is already sending 50 or more
10students, except under a mutual agreement between the school
11board of a student's district of residence and the university
12which operates the laboratory school. A laboratory school may
13not have more than 1,000 students, excluding students with
14disabilities in a special education program.
15    As used in this Section, "alternative school" means a
16public school which is created and operated by a Regional
17Superintendent of Schools and approved by the State Board of
18Education. Such alternative schools may offer courses of
19instruction for which credit is given in regular school
20programs, courses to prepare students for the high school
21equivalency testing program or vocational and occupational
22training. A regional superintendent of schools may contract
23with a school district or a public community college district
24to operate an alternative school. An alternative school serving
25more than one educational service region may be established by
26the regional superintendents of schools of the affected

 

 

SB3412- 53 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 54 -LRB098 19883 NHT 55102 b

1Article.
2    (2) (Blank).
3    (3) Summer school. Summer school payments shall be made as
4provided in Section 18-4.3.
 
5(M) Education Funding Advisory Board.
6    The Education Funding Advisory Board, hereinafter in this
7subsection (M) referred to as the "Board", is hereby created.
8The Board shall consist of 5 members who are appointed by the
9Governor, by and with the advice and consent of the Senate. The
10members appointed shall include representatives of education,
11business, and the general public. One of the members so
12appointed shall be designated by the Governor at the time the
13appointment is made as the chairperson of the Board. The
14initial members of the Board may be appointed any time after
15the effective date of this amendatory Act of 1997. The regular
16term of each member of the Board shall be for 4 years from the
17third Monday of January of the year in which the term of the
18member's appointment is to commence, except that of the 5
19initial members appointed to serve on the Board, the member who
20is appointed as the chairperson shall serve for a term that
21commences on the date of his or her appointment and expires on
22the third Monday of January, 2002, and the remaining 4 members,
23by lots drawn at the first meeting of the Board that is held
24after all 5 members are appointed, shall determine 2 of their
25number to serve for terms that commence on the date of their

 

 

SB3412- 55 -LRB098 19883 NHT 55102 b

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

 

 

SB3412- 56 -LRB098 19883 NHT 55102 b

1its responsibilities.
2    For school years after the 2000-2001 school year, the
3Education Funding Advisory Board, in consultation with the
4State Board of Education, shall make recommendations as
5provided in this subsection (M) to the General Assembly for the
6foundation level under subdivision (B)(3) of this Section and
7for the supplemental general State aid grant level under
8subsection (H) of this Section for districts with high
9concentrations of children from poverty. The recommended
10foundation level shall be determined based on a methodology
11which incorporates the basic education expenditures of
12low-spending schools exhibiting high academic performance. The
13Education Funding Advisory Board shall make such
14recommendations to the General Assembly on January 1 of odd
15numbered years, beginning January 1, 2001.
 
16(N) (Blank).
 
17(O) References.
18    (1) References in other laws to the various subdivisions of
19Section 18-8 as that Section existed before its repeal and
20replacement by this Section 18-8.05 shall be deemed to refer to
21the corresponding provisions of this Section 18-8.05, to the
22extent that those references remain applicable.
23    (2) References in other laws to State Chapter 1 funds shall
24be deemed to refer to the supplemental general State aid

 

 

SB3412- 57 -LRB098 19883 NHT 55102 b

1provided under subsection (H) of this Section.
 
2(P) Public Act 93-838 and Public Act 93-808 make inconsistent
3changes to this Section. Under Section 6 of the Statute on
4Statutes there is an irreconcilable conflict between Public Act
593-808 and Public Act 93-838. Public Act 93-838, being the last
6acted upon, is controlling. The text of Public Act 93-838 is
7the law regardless of the text of Public Act 93-808.
8(Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300,
9eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09;
1096-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff.
1111-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742,
12eff. 6-30-13; 97-813, eff. 7-13-12.)
 
13    (105 ILCS 5/21B-75)
14    Sec. 21B-75. Suspension or revocation of license.
15    (a) As used in this Section, "teacher" means any school
16district employee regularly required to be licensed, as
17provided in this Article, in order to teach or supervise in the
18public schools.
19    (b) The State Superintendent of Education has the exclusive
20authority, in accordance with this Section and any rules
21adopted by the State Board of Education, in consultation with
22the State Educator Preparation and Licensure Board, to initiate
23the suspension of up to 5 calendar years or revocation of any
24license issued pursuant to this Article for abuse or neglect of

 

 

SB3412- 58 -LRB098 19883 NHT 55102 b

1a child, immorality, a condition of health detrimental to the
2welfare of pupils, incompetency, unprofessional conduct (which
3includes the failure to disclose on an employment application
4any previous conviction for a sex offense, as defined in
5Section 21B-80 of this Code, or any other offense committed in
6any other state or against the laws of the United States that,
7if committed in this State, would be punishable as a sex
8offense, as defined in Section 21B-80 of this Code), the
9neglect of any professional duty, willful failure to report an
10instance of suspected child abuse or neglect as required by the
11Abused and Neglected Child Reporting Act, failure to establish
12satisfactory repayment on an educational loan guaranteed by the
13Illinois Student Assistance Commission, or other just cause.
14Unprofessional conduct shall include the refusal to attend or
15participate in institutes, teachers' meetings, or professional
16readings or to meet other reasonable requirements of the
17regional superintendent of schools or State Superintendent of
18Education. Unprofessional conduct also includes conduct that
19violates the standards, ethics, or rules applicable to the
20security, administration, monitoring, or scoring of or the
21reporting of scores from any assessment test or examination
22administered under Section 2-3.64a-5 2-3.64 of this Code or
23that is known or intended to produce or report manipulated or
24artificial, rather than actual, assessment or achievement
25results or gains from the administration of those tests or
26examinations. Unprofessional conduct shall also include

 

 

SB3412- 59 -LRB098 19883 NHT 55102 b

1neglect or unnecessary delay in the making of statistical and
2other reports required by school officers. Incompetency shall
3include, without limitation, 2 or more school terms of service
4for which the license holder has received an unsatisfactory
5rating on a performance evaluation conducted pursuant to
6Article 24A of this Code within a period of 7 school terms of
7service. In determining whether to initiate action against one
8or more licenses based on incompetency and the recommended
9sanction for such action, the State Superintendent shall
10consider factors that include without limitation all of the
11following:
12        (1) Whether the unsatisfactory evaluation ratings
13    occurred prior to June 13, 2011 (the effective date of
14    Public Act 97-8).
15        (2) Whether the unsatisfactory evaluation ratings
16    occurred prior to or after the implementation date, as
17    defined in Section 24A-2.5 of this Code, of an evaluation
18    system for teachers in a school district.
19        (3) Whether the evaluator or evaluators who performed
20    an unsatisfactory evaluation met the pre-licensure and
21    training requirements set forth in Section 24A-3 of this
22    Code.
23        (4) The time between the unsatisfactory evaluation
24    ratings.
25        (5) The quality of the remediation plans associated
26    with the unsatisfactory evaluation ratings and whether the

 

 

SB3412- 60 -LRB098 19883 NHT 55102 b

1    license holder successfully completed the remediation
2    plans.
3        (6) Whether the unsatisfactory evaluation ratings were
4    related to the same or different assignments performed by
5    the license holder.
6        (7) Whether one or more of the unsatisfactory
7    evaluation ratings occurred in the first year of a teaching
8    or administrative assignment.
9When initiating an action against one or more licenses, the
10State Superintendent may seek required professional
11development as a sanction in lieu of or in addition to
12suspension or revocation. Any such required professional
13development must be at the expense of the license holder, who
14may use, if available and applicable to the requirements
15established by administrative or court order, training,
16coursework, or other professional development funds in
17accordance with the terms of an applicable collective
18bargaining agreement entered into after June 13, 2011 (the
19effective date of Public Act 97-8), unless that agreement
20specifically precludes use of funds for such purpose.
21    (c) The State Superintendent of Education shall, upon
22receipt of evidence of abuse or neglect of a child, immorality,
23a condition of health detrimental to the welfare of pupils,
24incompetency (subject to subsection (b) of this Section),
25unprofessional conduct, the neglect of any professional duty,
26or other just cause, further investigate and, if and as

 

 

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1appropriate, serve written notice to the individual and afford
2the individual opportunity for a hearing prior to suspension,
3revocation, or other sanction; provided that the State
4Superintendent is under no obligation to initiate such an
5investigation if the Department of Children and Family Services
6is investigating the same or substantially similar allegations
7and its child protective service unit has not made its
8determination, as required under Section 7.12 of the Abused and
9Neglected Child Reporting Act. If the State Superintendent of
10Education does not receive from an individual a request for a
11hearing within 10 days after the individual receives notice,
12the suspension, revocation, or other sanction shall
13immediately take effect in accordance with the notice. If a
14hearing is requested within 10 days after notice of an
15opportunity for hearing, it shall act as a stay of proceedings
16until the State Educator Preparation and Licensure Board issues
17a decision. Any hearing shall take place in the educational
18service region where the educator is or was last employed and
19in accordance with rules adopted by the State Board of
20Education, in consultation with the State Educator Preparation
21and Licensure Board, and such rules shall include without
22limitation provisions for discovery and the sharing of
23information between parties prior to the hearing. The standard
24of proof for any administrative hearing held pursuant to this
25Section shall be by the preponderance of the evidence. The
26decision of the State Educator Preparation and Licensure Board

 

 

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1is a final administrative decision and is subject to judicial
2review by appeal of either party.
3    The State Board of Education may refuse to issue or may
4suspend the license of any person who fails to file a return or
5to pay the tax, penalty, or interest shown in a filed return or
6to pay any final assessment of tax, penalty, or interest, as
7required by any tax Act administered by the Department of
8Revenue, until such time as the requirements of any such tax
9Act are satisfied.
10    The exclusive authority of the State Superintendent of
11Education to initiate suspension or revocation of a license
12pursuant to this Section does not preclude a regional
13superintendent of schools from cooperating with the State
14Superintendent or a State's Attorney with respect to an
15investigation of alleged misconduct.
16    (d) The State Superintendent of Education or his or her
17designee may initiate and conduct such investigations as may be
18reasonably necessary to establish the existence of any alleged
19misconduct. At any stage of the investigation, the State
20Superintendent may issue a subpoena requiring the attendance
21and testimony of a witness, including the license holder, and
22the production of any evidence, including files, records,
23correspondence, or documents, relating to any matter in
24question in the investigation. The subpoena shall require a
25witness to appear at the State Board of Education at a
26specified date and time and shall specify any evidence to be

 

 

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1produced. The license holder is not entitled to be present, but
2the State Superintendent shall provide the license holder with
3a copy of any recorded testimony prior to a hearing under this
4Section. Such recorded testimony must not be used as evidence
5at a hearing, unless the license holder has adequate notice of
6the testimony and the opportunity to cross-examine the witness.
7Failure of a license holder to comply with a duly issued,
8investigatory subpoena may be grounds for revocation,
9suspension, or denial of a license.
10    (e) All correspondence, documentation, and other
11information so received by the regional superintendent of
12schools, the State Superintendent of Education, the State Board
13of Education, or the State Educator Preparation and Licensure
14Board under this Section is confidential and must not be
15disclosed to third parties, except (i) as necessary for the
16State Superintendent of Education or his or her designee to
17investigate and prosecute pursuant to this Article, (ii)
18pursuant to a court order, (iii) for disclosure to the license
19holder or his or her representative, or (iv) as otherwise
20required in this Article and provided that any such information
21admitted into evidence in a hearing is exempt from this
22confidentiality and non-disclosure requirement.
23    (f) The State Superintendent of Education or a person
24designated by him or her shall have the power to administer
25oaths to witnesses at any hearing conducted before the State
26Educator Preparation and Licensure Board pursuant to this

 

 

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1Section. The State Superintendent of Education or a person
2designated by him or her is authorized to subpoena and bring
3before the State Educator Preparation and Licensure Board any
4person in this State and to take testimony either orally or by
5deposition or by exhibit, with the same fees and mileage and in
6the same manner as prescribed by law in judicial proceedings in
7civil cases in circuit courts of this State.
8    (g) Any circuit court, upon the application of the State
9Superintendent of Education or the license holder, may, by
10order duly entered, require the attendance of witnesses and the
11production of relevant books and papers as part of any
12investigation or at any hearing the State Educator Preparation
13and Licensure Board is authorized to conduct pursuant to this
14Section, and the court may compel obedience to its orders by
15proceedings for contempt.
16    (h) The State Board of Education shall receive an annual
17line item appropriation to cover fees associated with the
18investigation and prosecution of alleged educator misconduct
19and hearings related thereto.
20(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
216-13-11; 97-813, eff. 7-13-12.)
 
22    (105 ILCS 5/27A-6)
23    Sec. 27A-6. Contract contents; applicability of laws and
24regulations.
25    (a) A certified charter shall constitute a binding contract

 

 

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1and agreement between the charter school and a local school
2board under the terms of which the local school board
3authorizes the governing body of the charter school to operate
4the charter school on the terms specified in the contract.
5    (b) Notwithstanding any other provision of this Article,
6the certified charter may not waive or release the charter
7school from the State goals, standards, and assessments
8established pursuant to Section 2-3.64a-5 of this Code 2-3.64.
9Beginning with the 2003-2004 school year, the certified charter
10for a charter school operating in a city having a population
11exceeding 500,000 shall require the charter school to
12administer any other nationally recognized standardized tests
13to its students that the chartering entity administers to other
14students, and the results on such tests shall be included in
15the chartering entity's assessment reports.
16    (c) Subject to the provisions of subsection (e), a material
17revision to a previously certified contract or a renewal shall
18be made with the approval of both the local school board and
19the governing body of the charter school.
20    (c-5) The proposed contract shall include a provision on
21how both parties will address minor violations of the contract.
22    (d) The proposed contract between the governing body of a
23proposed charter school and the local school board as described
24in Section 27A-7 must be submitted to and certified by the
25State Board before it can take effect. If the State Board
26recommends that the proposed contract be modified for

 

 

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1consistency with this Article before it can be certified, the
2modifications must be consented to by both the governing body
3of the charter school and the local school board, and
4resubmitted to the State Board for its certification. If the
5proposed contract is resubmitted in a form that is not
6consistent with this Article, the State Board may refuse to
7certify the charter.
8    The State Board shall assign a number to each submission or
9resubmission in chronological order of receipt, and shall
10determine whether the proposed contract is consistent with the
11provisions of this Article. If the proposed contract complies,
12the State Board shall so certify.
13    (e) No material revision to a previously certified contract
14or a renewal shall be effective unless and until the State
15Board certifies that the revision or renewal is consistent with
16the provisions of this Article.
17(Source: P.A. 93-3, eff. 4-16-03.)
 
18    (105 ILCS 5/2-3.64 rep.)
19    Section 10. The School Code is amended by repealing Section
202-3.64.
 
21    Section 99. Effective date. This Act takes effect July 1,
222014.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/2-3.51.5
4    105 ILCS 5/2-3.64a
5    105 ILCS 5/2-3.64a-5 new
6    105 ILCS 5/10-29
7    105 ILCS 5/13B-25.25
8    105 ILCS 5/18-8.05
9    105 ILCS 5/21B-75
10    105 ILCS 5/27A-6
11    105 ILCS 5/2-3.64 rep.