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SCHOOLS105 ILCS 5/Art. 17
(105 ILCS 5/) School Code.
(105 ILCS 5/Art. 17 heading)
BUDGETS--TAX RATES--TAX WARRANTS
105 ILCS 5/17-1
(105 ILCS 5/17-1)
(from Ch. 122, par. 17-1)
The board of education of each school
district under 500,000 inhabitants shall, within or before the first
quarter of each fiscal year, adopt and file with the State Board of Education an annual balanced budget which it deems
necessary to defray all necessary expenses and liabilities of the
district, and in such annual budget shall specify the objects and
purposes of each item and amount needed for each object or purpose.
The budget shall be entered upon a School District Budget form prepared
and provided by the State Board of Education and therein shall contain
a statement of the cash on hand at the
beginning of the fiscal year, an estimate of the cash expected to be
received during such fiscal year from all sources, an estimate of the
expenditures contemplated for such fiscal year, and a statement of the
estimated cash expected to be on hand at the end of such year. The
estimate of taxes to be received may be based upon the amount of actual
cash receipts that may reasonably be expected by the district during
such fiscal year, estimated from the experience of the district in prior
years and with due regard for other circumstances that may substantially
affect such receipts. Nothing in this Section shall be construed as
requiring any district to change or preventing any district from
changing from a cash basis of financing to a surplus or deficit basis of
financing; or as requiring any district to change or preventing any
district from changing its system of accounting. The budget shall conform to the requirements adopted by the State Board of Education pursuant to Section 2-3.28 of this Code.
To the extent that a school district's budget is not balanced, the district shall also adopt and file with the State Board of Education a deficit reduction plan to balance the district's budget within 3 years. The deficit reduction plan must be filed at the same time as the budget, but the State Superintendent of Education may extend this deadline if the situation warrants.
If, as the result of an audit performed in compliance with Section 3-7 of this Code, the resulting Annual Financial Report required to be submitted pursuant to Section 3-15.1 of this Code reflects a deficit as defined for purposes of the preceding paragraph, then the district shall, within 30 days after acceptance of such audit report, submit a deficit reduction plan.
The board of education of each district shall fix a fiscal year
therefor. If the beginning of the fiscal year of a district is
subsequent to the time that the tax levy due to be made in such
fiscal year shall be
made, then such annual budget shall be adopted prior to the time such
tax levy shall be made.
The failure by a board of education of any district to adopt an annual
budget, or to comply in any respect with the provisions of this Section, shall
not affect the validity of any tax levy of the district otherwise in
conformity with the law. With respect to taxes levied either before, on, or
after the effective date of this amendatory Act of the 91st General Assembly,
(i) a tax levy is made
for the fiscal year in which the levy is due to be made regardless of which
fiscal year the proceeds of the levy are expended or are intended to be
expended, and (ii) except as otherwise provided by law, a board of education's
an annual budget in conformity with this Section is not a prerequisite to the
adoption of a valid tax levy and is not a limit on the amount of the levy.
Such budget shall be prepared in tentative form by some person or
persons designated by the board, and in such tentative form shall be
made conveniently available to public inspection for at least 30 days
prior to final action thereon. At least 1 public hearing shall be held
as to such budget prior to final action thereon. Notice of availability
for public inspection and of such public hearing shall be given by
publication in a newspaper published in such district, at least 30 days
prior to the time of such hearing. If there is no newspaper published
in such district, notice of such public hearing shall be given by
posting notices thereof in 5 of the most public places in such district.
It shall be the duty of the secretary of such board to make such
tentative budget available to public inspection, and to arrange for such
public hearing. The board may from time to time make transfers between
the various items in any fund not exceeding in the aggregate 10% of the
total of such fund as set forth in the budget. The board may from time
to time amend such budget by the same procedure as is herein provided
for its original adoption.
Beginning July 1, 1976, the board of education, or regional
superintendent, or governing board responsible for the administration of
a joint agreement shall, by September 1 of each
fiscal year thereafter, adopt an annual budget for the joint agreement
in the same manner and subject to the same requirements as are provided
in this Section.
The State Board of Education shall exercise powers and duties
relating to budgets as provided in Section 2-3.27 of this Code and shall require school districts to submit their annual budgets, deficit reduction plans, and other financial information, including revenue and expenditure reports and borrowing and interfund transfer plans, in such form and within the timelines designated by the State Board of Education.
By fiscal year 1982 all school districts shall use the Program Budget
In the case of a school district receiving emergency State financial
assistance under Article 1B, the school board shall also be subject to the
established under Article 1B with respect to the annual budget.
(Source: P.A. 100-465, eff. 8-31-17.)
105 ILCS 5/17-1.1
(105 ILCS 5/17-1.1)
Shared service reporting and fiscal efficiency.
(a) Annually, each school district shall complete a report developed by the State Board of Education, to accompany the annual financial report and to be published on the State Board of Education's Internet website, that summarizes district attempts to improve fiscal efficiency through shared services or outsourcing in the prior fiscal year. The report must be primarily in checklist form and approximately one page in length. It shall include, but shall not be limited to, the incidence of the following shared service options: insurance; employee benefits; transportation; personnel recruitment; shared personnel; technology services; energy purchasing; supply and equipment purchasing; food services; legal services; investment pools; special education cooperatives, vocational cooperatives, and other shared educational programs; curriculum planning; professional development; custodial services; maintenance services; grounds maintenance services; food services; grant writing; and science, technology, engineering, and mathematics (STEM) program offerings. The report shall also include a list of potential shared services or outsourcing the district may consider or investigate for the next fiscal year and any anticipated barriers to implementation. This report must be approved by the school board and published on the Internet website of the school district, if any.
(b) Based on data supplied by school districts through the annual financial report, regional superintendents of schools shall publish annually a regional report summarizing district attempts to improve fiscal efficiency through shared services or outsourcing within the educational service region. This report shall include a list of all joint purchasing initiatives, joint agreements between districts, attempts to reduce or eliminate duplication of services and duplicative expenditures, and identification of any overlapping regional service delivery systems.
(c) For school districts required to develop and submit to the State Board of Education a deficit reduction plan under Section 17-1 of this Code, the regional superintendent of schools and the school district shall jointly prepare a shared services and outsourcing plan that considers actions that may improve the district's fiscal efficiency and how future savings associated with shared services or outsourcing are to be utilized.
(Source: P.A. 97-357, eff. 1-1-12.)
105 ILCS 5/17-1.2
(105 ILCS 5/17-1.2)
Post annual budget on web site.
If a school district
has an Internet web site, the school district shall post its current annual
itemized by receipts and expenditures, on the district's Internet web site. The budget shall include information conforming to the rules adopted by the State Board of Education pursuant to Section 2-3.28 of this Code.
The school district shall notify the parents or guardians of its students
that the budget has been posted on the district's web site and what
the web site's address is.
(Source: P.A. 100-465, eff. 8-31-17.)
105 ILCS 5/17-1.5
(105 ILCS 5/17-1.5)
Limitation of administrative costs.
(a) It is the purpose of this Section to establish limitations on the growth
of administrative expenditures in order to maximize the proportion of school
district resources available for the instructional program, building
maintenance, and safety services for the students of each district.
(b) Definitions. For the purposes of this Section:
"Administrative expenditures" mean the annual expenditures of
school districts properly attributable to expenditure functions defined by the
rules of the State Board of Education as: 2320 (Executive Administration Services);
2330 (Special Area Administration Services); 2490 (Other Support Services -
School Administration); 2510 (Direction of Business Support Services); 2570
(Internal Services); and 2610 (Direction of Central
Support Services); provided, however, that "administrative expenditures" shall
not include early retirement or other pension system obligations required by
"School district" means all school districts having a population of less than
(c) For the 1998-99 school year and each school year thereafter, each school
district shall undertake budgetary and expenditure control actions so that the
increase in administrative expenditures for that school year over the prior
school year does not exceed 5%.
School districts with administrative expenditures per pupil
in the 25th
percentile and below for all districts of the same type,
as defined by the State Board of Education,
may waive the limitation imposed under this Section for any year following a
public hearing and with the
affirmative vote of at least two-thirds of the members of the school board of
district. Any district waiving the limitation shall notify the State Board
within 45 days of such action.
(d) School districts shall file with the State Board of Education by
November 15, 1998 and
by each November 15th thereafter a one-page report that lists
(i) the actual
administrative expenditures for
prior year from the district's audited Annual Financial Report, and (ii) the
projected administrative expenditures for the current year from the budget adopted by the school board
pursuant to Section 17-1 of this Code.
If a school district that is ineligible to waive the limitation imposed by
subsection (c) of this Section by board action exceeds the limitation
solely because of circumstances beyond
the control of the district and the district has exhausted all available and
reasonable remedies to comply with the limitation, the district may request a
waiver pursuant to Section 2-3.25g. The waiver application shall specify the
nature, and reason for the relief requested, as well as all remedies the
district has exhausted to comply with the limitation.
Any emergency relief so requested shall apply only to the specific
school year for which the request is made. The State Board of Education shall
analyze all such waivers submitted and shall recommend that the General
Assembly disapprove any such waiver requested that is not due solely to
circumstances beyond the control of the district and for which the district has
not exhausted all available and reasonable remedies to comply with the
limitation. The State Superintendent shall have
no authority to impose any sanctions pursuant to this Section for any
expenditures for which a waiver has been requested until such waiver has been
reviewed by the General Assembly.
If the report and information required
subsection (d) are not provided by the school district in a timely
manner, or are subsequently determined by
the State Superintendent of Education
to be incomplete or inaccurate, the State Superintendent shall notify the
district in writing of reporting deficiencies. The school district shall,
within 60 days of the notice, address the reporting deficiencies identified.
(e) If the State Superintendent determines that a school district has failed
to comply with the administrative expenditure limitation imposed in subsection
(c) of this Section,
State Superintendent shall notify the district of the violation and direct the
district to undertake corrective action to bring the district's budget into
compliance with the administrative expenditure limitation. The district shall,
within 60 days of the notice, provide adequate assurance to the State
Superintendent that appropriate corrective actions have been or will be taken.
If the district fails to provide adequate assurance or fails to undertake the
necessary corrective actions, the State Superintendent may impose progressive
sanctions against the district that may culminate in withholding
subsequent payments of general State aid due the district under Section
this Code or evidence-based funding due the district under Section 18-8.15 of this Code
until the assurance is provided or the corrective actions taken.
(f) The State Superintendent shall publish a list each year of the school
districts that violate the limitation imposed by subsection (c) of this
Section and a list of the districts that waive the limitation by board
action as provided in subsection (c) of this Section.
(Source: P.A. 100-465, eff. 8-31-17.)
105 ILCS 5/17-2
(105 ILCS 5/17-2)
(from Ch. 122, par. 17-2)
Tax levies; purposes; rates.
Except as otherwise provided in
Articles 12 and 13 of this Act, and except as provided in Section 17-2.2e of this Act, the following maximum rates shall apply to all
taxes levied after August 10, 1965, in districts having a population of less
than 500,000 inhabitants, including those districts organized under Article 11
of the School Code. The school board of any district having a population of
less than 500,000 inhabitants may levy a tax annually, at not to exceed the
maximum rates and for the specified purposes, upon all the taxable property of
the district at the value, as equalized or assessed by the Department of
Revenue as follows:
(1) districts maintaining only grades 1 through 8,
.92% for educational purposes and .25% for operations and maintenance purposes;
(2) districts maintaining only grades 9 through 12,
.92% for educational purposes and .25% for operations and maintenance purposes;
(3) districts maintaining grades 1 through 12, 1.63%
for the 1985-86 school year, 1.68% for the 1986-87 school year, 1.75% for the 1987-88 school year and 1.84% for the 1988-89 school year and thereafter for educational purposes and .405% for the 1989-90 school year, .435% for the 1990-91 school year, .465% for the 1991-92 school year, and .50% for the 1992-93 school year and thereafter for operations and maintenance purposes;
(4) all districts, 0.75% for capital improvement
purposes (which is in addition to the levy for operations and maintenance purposes), which tax is to be levied, accumulated for not more than 6 years, and spent for capital improvement purposes (including but not limited to the construction of a new school building or buildings or the purchase of school grounds on which any new school building is to be constructed or located, or both) only in accordance with Section 17-2.3 of this Act;
(5) districts maintaining only grades 1 through 8,
.12% for transportation purposes, provided that districts maintaining only grades kindergarten through 8 which have an enrollment of at least 2600 students may levy, subject to Section 17-2.2, at not to exceed a maximum rate of .20% for transportation purposes for any school year in which the number of students requiring transportation in the district exceeds by at least 2% the number of students requiring transportation in the district during the preceding school year, as verified in the district's claim for pupil transportation and reimbursement and as certified by the State Board of Education to the county clerk of the county in which such district is located not later than November 15 following the submission of such claim; districts maintaining only grades 9 through 12, .12% for transportation purposes; and districts maintaining grades 1 through 12, .14% for the 1985-86 school year, .16% for the 1986-87 school year, .18% for the 1987-88 school year and .20% for the 1988-89 school year and thereafter, for transportation purposes;
(6) districts providing summer classes, .15% for
educational purposes, subject to Section 17-2.1 of this Act.
Whenever any special charter school district operating grades 1
through 12, has organized or shall organize under the general school
law, the district so organized may continue to levy taxes at not to
exceed the rate at which taxes were last actually extended by the
special charter district, except that if such rate at which taxes were
last actually extended by such special charter district was less than
the maximum rate for districts maintaining grades 1 through 12
authorized under this Section, such special charter district
nevertheless may levy taxes at a rate not to exceed the maximum rate for
districts maintaining grades 1 through 12 authorized under this Section,
and except that if any such district maintains only grades 1 through 8,
the board may levy, for educational purposes, at a rate not to exceed
the maximum rate for elementary districts authorized under this Section.
Maximum rates before or after established in excess of those
prescribed shall not be affected by the amendatory Act of 1965.
(Source: P.A. 99-908, eff. 12-16-16.)
105 ILCS 5/17-2.1
(105 ILCS 5/17-2.1)
(from Ch. 122, par. 17-2.1)
Tax for summer school purposes.
The school board in any district having a population of less than
500,000 inhabitants may, by proper resolution, cause a proposition to
authorize an annual tax, as prescribed in Section 17-2, for summer
school educational purposes to be submitted to the voters of such
district at a regular scheduled election.
If a majority of the votes cast on the proposition is in
favor thereof, the school board may thereafter levy the tax as
(Source: P.A. 81-1489.)
105 ILCS 5/17-2.2
(105 ILCS 5/17-2.2)
(from Ch. 122, par. 17-2.2)
Back door referendum.
Whenever any school district first levies a tax at a rate within the
limit prescribed by paragraph (3) of Section 17-2 but in excess of the
maximum permissible on July 9, 1957, or within the limit prescribed by
paragraph (1) or (2) of Section 17-2 but in excess of the maximum
permissible on June 30, 1965, or whenever after August 3, 1989 any school
district maintaining only grades kindergarten through 8 first levies a tax
for transportation purposes for any school year which is within the limit
prescribed for that school year by paragraph (5) of Section 17-2 but in
excess of the maximum authorized to be levied for such purposes for the
1988-89 school year, or whenever after August 3, 1989 any school district
first levies a tax for operations and maintenance purposes for any school
year which is within the limit prescribed for that
school year by paragraph (3) of Section 17-2 but in excess of the maximum
authorized to be levied for such purposes for the immediately
preceding school year, the district shall cause to be published such
resolution in at least one or more newspapers published in the district,
within 10 days after such levy is made. The publication of the resolution
shall include a notice of (1) the specific number of voters required to
sign a petition requesting that the question of the adoption of the tax
levy be submitted to the voters of the district; (2) the time in which the
petition must be filed; and (3) the date of the prospective referendum.
The district Secretary shall provide a petition form to any individual
requesting one. Any taxpayer in such district may, within 30 days after
such levy is made, file with the Secretary of the board of education a
petition signed by the voters of the district equal to 10% or more of the
registered voters of the district requesting the submission to a referendum
of the following proposition:
"Shall school district No..... be authorized to levy a tax for
(state purposes) in excess of.... but not to exceed.... as authorized
in Section 17-2 of the School Code?" The secretary of the board of education
shall certify the proposition to the proper election authorities for submission
to the electorate at a regular scheduled election in accordance with the
general election law.
If a majority of the voters voting on the proposition vote in favor
thereof, such increased tax shall thereafter be authorized; if a
majority of the vote is against such proposition, the previous maximum
rate authorized shall remain in effect until changed by law.
(Source: P.A. 86-128; 86-134; 86-1028; 86-1334; 87-767.)
105 ILCS 5/17-2.2a
(105 ILCS 5/17-2.2a)
(from Ch. 122, par. 17-2.2a)
Tax for special education programs.
school board of any district having a population of less than 500,000
inhabitants may, by proper resolution, levy an annual tax upon the value
as equalized or assessed by the Department of Revenue, for special
education purposes, including the purposes authorized by Section 10-22.31b as
(1) districts maintaining only grades kindergarten
through 8, and prior to July 1, 1970, districts maintaining only grades 1 through 8, .02%;
(2) districts maintaining only grades 9 through 12,
(3) districts maintaining only grades kindergarten
through 12, and prior to July 1, 1970, districts maintaining only grades 1 through 12, .04%.
The revenue raised by such tax shall be used only for special education
purposes, including the construction and maintenance of special education
Upon proper resolution of the school board, the school district may
accumulate such funds for special education building purposes for a
period of 8 years.
Buildings constructed under the provisions of this Section shall comply with
the building code authorized under Section 2-3.12.
If it is no longer feasible or economical to utilize classroom facilities
constructed with revenues raised and accumulated by the tax for special
education building purposes, the district, or cooperative district by
unanimous consent, may with the approval of the regional superintendent
of schools and the State Superintendent of Education use such facilities
for regular school purposes. The district or cooperative of districts
shall make comparable facilities available for special education
purposes at another attendance center which is in a more practical
location due to the proximity of the students served.
(b) If the school board of any district that has levied the tax
authorized by this Section determines that the accumulated funds from
such tax and from the $1,000 State reimbursement per professional worker
received under Section 14-13.02 are no longer required for special
education building purposes, the board may by proper resolution transfer
such funds to any other fund to be used for any special education purposes
authorized by Article 14. Such transfer shall not be made until after the
regional superintendent has certified to the State Superintendent of
Education that adequate housing provisions have been made for all children
with disabilities residing in the school district.
(c) The tax rate limits specified in this Section may be increased to
.40% by districts maintaining only grades kindergarten through 8
grades 9 through 12, and to .80% by districts maintaining grades
kindergarten through 12, upon the approval of a proposition to effect such
increase by a majority of the electors voting on such proposition at a
regular scheduled election. The proposition may be initiated by resolution
of the school board and shall be certified by the secretary to the proper
election authorities for submission in accordance with the general election
law. If at such election a majority of the votes cast on the proposition
is in favor thereof, the school board may thereafter until such authority
is revoked in like manner levy annually the tax so authorized.
(d) The tax rate limits specified in this Section may also be increased as provided in Section 17-2.2e.
(Source: P.A. 99-908, eff. 12-16-16.)
105 ILCS 5/17-2.2b
(105 ILCS 5/17-2.2b)
(Source: P.A. 87-767. Repealed by P.A. 94-1105, eff. 6-1-07.)