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90_HB1005enr
105 ILCS 5/7-04 from Ch. 122, par. 7-04
105 ILCS 5/7-1 from Ch. 122, par. 7-1
105 ILCS 5/7-1.5 new
105 ILCS 5/7-4 from Ch. 122, par. 7-4
105 ILCS 5/7-4.1 from Ch. 122, par. 7-4.1
105 ILCS 5/7-6 from Ch. 122, par. 7-6
Amends the provisions of the School Code relating to
changes in school district boundaries. Authorizes
proceedings under which a portion of the territory of an
elementary school district and the identical portion of the
territory of a high school district, both of which districts
are located entirely in an educational service region having
a population of 2,000,000 or more, must be detached from
those districts and annexed to, respectively, a contiguous
elementary school district and high school district that are
located in a contiguous educational service region and, in
whole or in part, within the same village. Requires as a
condition of the change in boundaries that the equalized
assessed valuation of the taxable property in the territory
to be annexed be less than 10% of the equalized assessed
value of all taxable property in each district from which the
territory is to be disconnected. Effective immediately.
LRB9004521THpk
HB1005 Enrolled LRB9004521THpk
1 AN ACT relating to education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Illinois Pension Code is amended by
5 changing Sections 17-106, 17-114, 17-115, 17-116, 17-116.1,
6 17-117, 17-117.1, 17-118, 17-119, 17-120, 17-122, 17-123,
7 17-124, 17-125, 17-126, 17-127, 17-127.1, 17-129, 17-130,
8 17-130.1, 17-131, 17-132, 17-133, 17-134, 17-135, 17-137,
9 17-138, 17-139, 17-140, 17-141, 17-142, 17-142.1, 17-143.1,
10 17-144, 17-145, 17-146, 17-146.1, 17-146.2, 17-147, 17-149,
11 17-150, 17-151, 17-153, 17-154, 17-156, and 17-158 and adding
12 Section 17-105.1 as follows:
13 (40 ILCS 5/17-105.1 new)
14 Sec. 17-105.1. Employer. "Employer": The Board of
15 Education and a charter school as defined under the
16 provisions of Section 27a-5 of the School Code.
17 (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106)
18 Sec. 17-106. Contributor, member or teacher.
19 "Contributor", "member" or "teacher": All members of the
20 teaching force of the city, including principals, assistant
21 principals, the general superintendent of schools, deputy
22 superintendents of schools, associate superintendents of
23 schools, assistant and district superintendents of schools,
24 members of the Board of Examiners, all other persons whose
25 employment requires a teaching certificate issued under the
26 laws governing the certification of teachers by the Board of
27 Examiners, any educational, administrative, professional, or
28 other staff employed in a charter school operating in
29 compliance with the Charter Schools Law who is certified
30 under the law governing the certification of teachers, and
HB1005 Enrolled -2- LRB9004521THpk
1 employees of the Board of Trustees, but excluding persons
2 contributing concurrently to any other public employee
3 pension system in Illinois or receiving retirement pensions
4 under another Article of this Code (unless the person's
5 eligibility to participate in that other pension system
6 arises from the holding of an elective public office, and the
7 person has held that public office for at least 10 years),
8 persons employed on an hourly basis, and persons receiving
9 pensions from the Fund fund who are employed temporarily by
10 an Employer the Board of Education for 100 days or less in
11 any school year and not on an annual basis.
12 In the case of a person who has been making contributions
13 and otherwise participating in this Fund prior to the
14 effective date of this amendatory Act of 1991, and whose
15 right to participate in the Fund is established or confirmed
16 by this amendatory Act, such prior participation in the Fund,
17 including all contributions previously made and service
18 credits previously earned by the person, are hereby
19 validated.
20 (Source: P.A. 89-450, eff. 4-10-96; 90-32, eff. 6-27-97.)
21 (40 ILCS 5/17-114) (from Ch. 108 1/2, par. 17-114)
22 Sec. 17-114. Computation of service.
23 When computing validated service, 10 months or more shall
24 constitute one year of service unless a lesser number of
25 months is established as a school year by an Employer the
26 Board of Education. Salary representing 5 days' or more
27 employment paid in a semi-monthly or bi-weekly payroll
28 period, whichever the case may be, shall be considered for
29 the purpose of computing service credit and shall entitle a
30 contributor to 1/2 month of service. When computing total
31 service rendered, 3 to 10 days' employment in the final total
32 of such service shall entitle a contributor to 1/2 month of
33 service.
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1 (Source: P. A. 76-742.)
2 (40 ILCS 5/17-115) (from Ch. 108 1/2, par. 17-115)
3 Sec. 17-115. Eligibility for service retirement pension.
4 (a) The Board shall find a contributor eligible for
5 service retirement pension when he has:
6 (1) Left the employment of an Employer the Board of
7 Education or the board after completing 5 or more years
8 of service.
9 (2) Contributed to the Fund fund the total sums
10 provided in this Article.
11 (3) Contributed as a member of the teaching force
12 in the public schools of the City or to the State
13 Universities Retirement System or to the Teachers'
14 Retirement System of the State of Illinois during the
15 last 5 years of his term of service.
16 (4) Filed a written application for pension.
17 (b) In computing the years of service for which annuity
18 is granted, the following conditions shall apply:
19 (1) No more than 10 years of teaching service in
20 public schools of the several states or in schools
21 operated by or under the auspices of the United States
22 shall be allowed. This maximum shall be reduced by the
23 service credit which is validated under paragraph (i) of
24 Section 15-113 and paragraph (3) of Section 16-127 of
25 this Code. Three-fifths of the term of service for which
26 an annuity is granted shall have been rendered in the
27 public schools of the city. No portion of any such
28 service shall be included in the total period of service
29 for which a pension is payable or paid by some other
30 public retirement system; provided that this shall not
31 apply to any benefit payable only after the teacher's
32 death or to any compensation or annuity paid by an
33 employer the Board of Education after retirement from
HB1005 Enrolled -4- LRB9004521THpk
1 active service.
2 (2) Up to 5 years of military active service, if
3 preceded by service as a teacher under this Fund fund or
4 under Article 16, shall be included in the total period
5 of service even though it can otherwise be used in the
6 computation of a pension or other benefit provided for
7 service in any branch of the armed forces of the United
8 States.
9 (Source: P.A. 90-32, eff. 6-27-97.)
10 (40 ILCS 5/17-116) (from Ch. 108 1/2, par. 17-116)
11 Sec. 17-116. Service retirement pension. Each teacher
12 having 20 years of service upon attainment of age 55, or who
13 thereafter attains age 55 shall be entitled to a service
14 retirement pension upon or after attainment of age 55; and
15 each teacher in service on or after July 1, 1971, with 5 or
16 more but less than 20 years of service shall be entitled to
17 receive a service retirement pension upon or after attainment
18 of age 62. Such pension is to be calculated as follows:
19 Beginning as of June 25, 1971, the service retirement
20 pension for a teacher who retires on or after such date, at
21 age 60 or over, shall be 1.67% for each of the first 10 years
22 of service; 1.90% for each of the next 10 years of service;
23 2.10% for each year of service in excess of 20 but not
24 exceeding 30; and 2.30% for each year of service in excess of
25 30, based upon average salary as herein defined. When
26 computing such service retirement pensions, the following
27 conditions shall apply:
28 1. Average salary shall consist of the average annual
29 rate of salary for the 4 consecutive years of validated
30 service within the last 10 years of service when such average
31 annual rate was highest. In the determination of average
32 salary for retirement allowance purposes, for members who
33 commenced employment after August 31, 1979, that part of the
HB1005 Enrolled -5- LRB9004521THpk
1 salary for any year shall be excluded which exceeds the
2 annual full-time salary rate for the preceding year by more
3 than 20%. In the case of a member who commenced employment
4 before August 31, 1979 and who receives salary during any
5 year after September 1, 1983 which exceeds the annual full
6 time salary rate for the preceding year by more than 20%, an
7 Employer and other employers of eligible contributors as
8 defined in Section 17-106 the Board of Education or employer
9 shall pay to the Fund an amount equal to the present value of
10 the additional service retirement pension resulting from such
11 excess salary. The present value of the additional service
12 retirement pension shall be computed by the Board on the
13 basis of actuarial tables adopted by the Board. If a member
14 elects to receive a pension from this Fund fund provided by
15 Section 20-121, his salary under the State Universities
16 Retirement System and the Teachers' Retirement System of the
17 State of Illinois shall be considered in determining such
18 average salary. Amounts paid after the effective date of
19 this amendatory Act of 1991 for unused vacation time earned
20 after that effective date shall not under any circumstances
21 be included in the calculation of average salary or the
22 annual rate of salary for the purposes of this Article.
23 2. Proportionate credit shall be given for validated
24 service of less than one year.
25 3. For retirement at age 60 or over the pension shall be
26 payable at the full rate.
27 4. For separation from service below age 60 to a minimum
28 age of 55, the pension shall be discounted at the rate of
29 1/2 of one per cent for each month that the age of the
30 contributor is less than 60, but a teacher may elect to defer
31 the effective date of pension in order to eliminate or reduce
32 this discount. This discount shall not be applicable to any
33 participant who has at least 35 years of service on the date
34 the retirement annuity begins.
HB1005 Enrolled -6- LRB9004521THpk
1 5. No additional pension shall be granted for service
2 exceeding 45 years. Beginning June 26, 1971 no pension shall
3 exceed the greater of $1,500 per month or 75% of average
4 salary as herein defined.
5 6. Service retirement pensions shall begin on the
6 effective date of resignation, retirement, the day following
7 the close of the payroll period for which service credit was
8 validated, or the time the person resigning or retiring
9 attains age 55, or on a date elected by the teacher,
10 whichever shall be latest.
11 (Source: P.A. 86-1488.)
12 (40 ILCS 5/17-116.1) (from Ch. 108 1/2, par. 17-116.1)
13 (Text of Section from P.A. 90-32)
14 Sec. 17-116.1. Early retirement without discount.
15 (a) A member retiring after June 1, 1980 and before June
16 30, 1995 and within 6 months of the last day of teaching for
17 which retirement contributions were required, may elect at
18 the time of application to make a one time employee
19 contribution to the system and thereby avoid the early
20 retirement reduction in allowance specified in paragraph (4)
21 of Section 17-116 of this Article. The exercise of the
22 election shall obligate the last Employer employer to also
23 make a one time non-refundable contribution to the Fund fund.
24 (b) Subject to authorization by the Employer employer as
25 provided in subsection (c), a member retiring on or after
26 June 30, 1995 and on or before June 30, 2000 and within 6
27 months of the last day of teaching for which retirement
28 contributions were required may elect at the time of
29 application to make a one-time employee contribution to the
30 Fund and thereby avoid the early retirement reduction in
31 allowance specified in paragraph (4) of Section 17-116. The
32 exercise of the election shall obligate the last Employer
33 employer to also make a one-time nonrefundable contribution
HB1005 Enrolled -7- LRB9004521THpk
1 to the Fund.
2 (c) The benefits provided in subsection (b) are
3 available only to members who retire, during a specified
4 period, from employment with an Employer employer that has
5 adopted and filed with the Board board of the Fund a
6 resolution expressly providing for the creation of an early
7 retirement without discount program under this Section for
8 that period.
9 The Employer employer has the full discretion and
10 authority to determine whether an early retirement without
11 discount program is in its best interest and to provide such
12 a program to its eligible employees in accordance with this
13 Section. The Employer employer may decide to authorize such
14 a program for one or more of the following periods: for the
15 period beginning July 1, 1997 and ending June 30, 1998, in
16 which case the resolution must be adopted by January 1, 1998;
17 for the period beginning July 1, 1998 and ending June 30,
18 1999, in which case the resolution must be adopted by March
19 31, 1998; and for the period beginning July 1, 1999 and
20 ending June 30, 2000, in which case the resolution must be
21 adopted by March 31, 1999. The resolution must be filed with
22 the Board board of the Fund within 10 days after it is
23 adopted. A single resolution may authorize an early
24 retirement without discount program as provided in this
25 Section for more than one period.
26 Notwithstanding Section 17-157, the Employer employer
27 shall also have full discretion and authority to determine
28 whether to allow its employees who withdrew from service on
29 or after June 30, 1995 and before June 27, the effective date
30 of this amendatory Act of 1997 to participate in an early
31 retirement without discount program under subsection (b). An
32 early retirement without discount program for those who
33 withdrew from service on or after June 30, 1995 and before
34 June 27, the effective date of this amendatory Act of 1997
HB1005 Enrolled -8- LRB9004521THpk
1 may be authorized only by a resolution of the Employer
2 employer that is adopted by January 1, 1998 and filed with
3 the Board board of the Fund within 10 days after its
4 adoption. If such a resolution is duly adopted and filed, a
5 person who (i) withdrew from service with the Employer
6 employer on or after June 30, 1995 and before June 27, the
7 effective date of this amendatory Act of 1997, (ii) qualifies
8 for early retirement without discount under subsection (b),
9 (iii) applies to the Fund within 90 days after the
10 authorizing resolution is adopted, and (iv) pays the required
11 employee contribution shall have his or her retirement
12 pension recalculated in accordance with subsection (b). The
13 resulting increase shall be effective retroactively to the
14 starting date of the retirement pension.
15 (d) The one-time employee contribution shall be equal to
16 7% of the retiring member's highest full-time annual salary
17 rate used in the determination of the average salary rate for
18 retirement pension, or if not full-time then the full-time
19 equivalent, multiplied by (1) the number of years the teacher
20 is under age 60, or (2) the number of years the employee's
21 creditable service is less than 35 years, whichever is less.
22 The Employer employer contribution shall be 20% of such
23 salary multiplied by such number of years.
24 (e) Upon receipt of the application and election, the
25 Board board shall determine the one time employee and
26 Employer employer contributions. The provisions of this
27 Section shall not be applicable until all the above outlined
28 contributions have been received by the Fund fund; however,
29 the date such contributions are received shall not be
30 considered in determining the effective date of retirement.
31 (f) The number of employees who may retire under this
32 Section in any year may be limited at the option of the
33 Employer employer to a specified percentage of those
34 eligible, not lower than 30%, with the right to participate
HB1005 Enrolled -9- LRB9004521THpk
1 to be allocated among those applying on the basis of
2 seniority in the service of the Employer employer.
3 (Source: P.A. 90-32, eff. 6-27-97.)
4 (Text of Section from P.A. 90-448)
5 Sec. 17-116.1. Early retirement without discount.
6 (a) A member retiring after June 1, 1980 and before June
7 30, 1995 2005 and within 6 months of the last day of teaching
8 for which retirement contributions were required, may elect
9 at the time of application to make a one time employee
10 contribution to the system and thereby avoid the early
11 retirement reduction in allowance specified in paragraph (4)
12 of Section 17-116 of this Article. The exercise of the
13 election shall obligate the last Employer employer to also
14 make a one time non-refundable contribution to the Fund fund.
15 (b) Subject to authorization by the Employer as provided
16 in subsection (c), a member retiring on or after June 30,
17 1995 and on or before June 30, 2000 and within 6 months of
18 the last day of teaching for which retirement contributions
19 were required may elect at the time of application to make a
20 one-time employee contribution to the Fund and thereby avoid
21 the early retirement reduction in allowance specified in
22 paragraph (4) of Section 17-116. The exercise of the
23 election shall obligate the last Employer to also make a
24 one-time nonrefundable contribution to the Fund.
25 (c) The benefits provided in subsection (b) are
26 available only to members who retire, during a specified
27 period, from employment with an Employer that has adopted and
28 filed with the Board a resolution expressly providing for the
29 creation of an early retirement without discount program
30 under this Section for that period.
31 The Employer has the full discretion and authority to
32 determine whether an early retirement without discount
33 program is in its best interest and to provide such a program
34 to its eligible employees in accordance with this Section.
HB1005 Enrolled -10- LRB9004521THpk
1 The Employer may decide to authorize such a program for one
2 or more of the following periods: for the period beginning
3 July 1, 1997 and ending June 30, 1998, in which case the
4 resolution must be adopted by January 1, 1998; for the period
5 beginning July 1, 1998 and ending June 30, 1999, in which
6 case the resolution must be adopted by March 31, 1998; and
7 for the period beginning July 1, 1999 and ending June 30,
8 2000, in which case the resolution must be adopted by March
9 31, 1999. The resolution must be filed with the Board within
10 10 days after it is adopted. A single resolution may
11 authorize an early retirement without discount program as
12 provided in this Section for more than one period.
13 Notwithstanding Section 17-157, the Employer shall also
14 have full discretion and authority to determine whether to
15 allow its employees who withdrew from service on or after
16 June 30, 1995 and before June 27, 1997 to participate in an
17 early retirement without discount program under subsection
18 (b). An early retirement without discount program for those
19 who withdrew from service on or after June 30, 1995 and
20 before June 27, 1997 may be authorized only by a resolution
21 of the Employer that is adopted by January 1, 1998 and filed
22 with the Board within 10 days after its adoption. If such a
23 resolution is duly adopted and filed, a person who (i)
24 withdrew from service with the Employer on or after June 30,
25 1995 and before June 27, 1997, (ii) qualifies for early
26 retirement without discount under subsection (b), (iii)
27 applies to the Fund within 90 days after the authorizing
28 resolution is adopted, and (iv) pays the required employee
29 contribution shall have his or her retirement pension
30 recalculated in accordance with subsection (b). The
31 resulting increase shall be effective retroactively to the
32 starting date of the retirement pension.
33 (d) The one-time employee contribution shall be equal to
34 7% of the retiring member's highest full-time annual salary
HB1005 Enrolled -11- LRB9004521THpk
1 rate used in the determination of the average salary rate for
2 retirement pension, or if not full-time then the full-time
3 equivalent, multiplied by (1) the number of years the teacher
4 is under age 60, or (2) the number of years the employee's
5 creditable service is less than 35 years, whichever is less.
6 The Employer employer contribution shall be 20% of such
7 salary multiplied by such number of years.
8 (e) Upon receipt of the application and election, the
9 Board board shall determine the one time employee and
10 Employer employer contributions. The provisions of this
11 Section shall not be applicable until all the above outlined
12 contributions have been received by the Fund fund; however,
13 the date such contributions are received shall not be
14 considered in determining the effective date of retirement.
15 (f) The number of employees who may retire under this
16 Section in any year may be limited at the option of the
17 Employer employer to a specified percentage of those
18 eligible, not lower than 30%, with the right to participate
19 to be allocated among those applying on the basis of
20 seniority in the service of the Employer employer.
21 Notwithstanding Section 17-157, the extension of the
22 deadline for early retirement without discount under this
23 Section effected by this amendatory Act of 1997 also applies
24 to persons who withdrew from service on or after June 30,
25 1995 and before the effective date of this amendatory Act of
26 1997. Any such person who qualifies for early retirement
27 without discount under this Section, applies to the Fund
28 within 90 days after the effective date of this amendatory
29 Act of 1997, and pays the required employee contribution may
30 have his or her retirement pension recalculated in accordance
31 with this Section; the resulting increase shall be effective
32 retroactively to the starting date of the retirement pension.
33 (Source: P.A. 90-448, eff. 8-16-97.)
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1 (40 ILCS 5/17-117) (from Ch. 108 1/2, par. 17-117)
2 Sec. 17-117. Disability retirement pension.
3 (a) The conditions prescribed in items 1 and 2 in
4 Section 17-116 for computing service retirement pensions
5 shall apply in the computation of disability retirement
6 pensions.
7 (1) Each teacher retired or retiring after 10 years
8 of service and with less than 20 years of service because
9 of permanent disability not incurred as a proximate
10 result of the performance of duty shall receive a
11 disability retirement pension equal to 1 2/3% of average
12 salary for each year of service.
13 (2) If the total service is 20 years and less than
14 25 years and the teacher's age is under 55, the
15 disability retirement pension shall equal a service
16 retirement pension discounted 1/2 of 1% for each month
17 the age of the contributor is less than 55 down to a
18 minimum age of 50 years, provided the disability
19 retirement pension so computed shall not be less than the
20 amount payable under paragraph 1.
21 (3) If the total service is 20 years or more and
22 the teacher has attained age 55, and is under age 60, a
23 disability retirement pension shall equal a service
24 retirement pension without discount.
25 (4) If the total service is 25 years or more
26 regardless of age, a disability pension shall equal a
27 service retirement pension without discount.
28 (5) If the total service is 20 years or more and
29 the teacher is age 60 or over, a service retirement
30 pension shall be payable.
31 (b) For disability retirement pensions, the following
32 further conditions shall apply:
33 (1) Written application shall be submitted within 3
34 years from the date of separation.
HB1005 Enrolled -13- LRB9004521THpk
1 (2) The applicant shall submit to examination by
2 physicians appointed by the Board board within one year
3 from the date of their appointment.
4 (3) Two physicians, appointed by the Board board,
5 shall declare the applicant to be suffering from a
6 disability which wholly and presumably permanently
7 incapacitates him for teaching or for service as an
8 employee of the Board board. In the event of
9 disagreement by the physicians, a third physician,
10 appointed by the Board board, shall declare the applicant
11 wholly and presumably permanently incapacitated.
12 (c) Disability retirement pensions shall begin on the
13 effective date of resignation or the day following the close
14 of the payroll period for which credit was validated,
15 whichever is later.
16 (Source: P.A. 90-32; eff. 6-27-97.)
17 (40 ILCS 5/17-117.1) (from Ch. 108 1/2, par. 17-117.1)
18 Sec. 17-117.1. Duty disability. A teacher who becomes
19 wholly and presumably permanently incapacitated for duty
20 while under age 65 as the proximate result of injuries
21 sustained or a hazardous condition encountered in the
22 performance and within the scope of his duties, if such
23 injury or hazard was not the result of his own negligence,
24 shall be entitled to a duty disability benefit, provided:
25 (1) application for the benefit is made to the
26 Board not more than 6 months after a final settlement or
27 an award from the Industrial Commission or within 6
28 months of the manifestation of an injury or illness that
29 can be traced directly to an injury or illness for which
30 a claim was filed with the Industrial Commission;
31 (2) certification is received from 2 or more
32 physicians designated by the Board board that the teacher
33 is physically incapacitated for teaching service; and
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1 (3) the teacher provides the Board with a copy of
2 the notice of the occurrence that was filed with the
3 Employer Board of Education within the time provided by
4 law.
5 The benefit shall be payable during disability and shall
6 be 75% of the salary in effect at date of disability, payable
7 until the teacher's attainment of age 65. At such time if
8 disability still exists, the teacher shall become entitled to
9 a service retirement pension. Creditable service shall accrue
10 during the period the disability benefit is payable.
11 Before any action is taken by the Board board on an
12 application for a duty disability benefit, the teacher shall
13 file a claim with the Industrial Commission to establish that
14 the disability was incurred while the teacher was acting
15 within the scope of and in the course of his duties under the
16 terms of the Workers' Compensation or Occupational Diseases
17 Acts, whichever may be applicable. The benefit shall be
18 payable after a finding by the Commission that the claim was
19 compensable under either of the aforesaid Acts; but if such
20 finding is appealed the benefit shall be payable only upon
21 affirmance of the Commission's finding. After the teacher has
22 made timely application for a duty disability benefit
23 supported by the certificate of two or more physicians, he
24 shall be entitled to a disability retirement pension provided
25 in Section 17-117 of this Act until such time as the
26 Industrial Commission award finding that his disability is
27 duty-connected as provided in this Section becomes final.
28 Any amounts provided for the teacher under such Acts
29 shall be applied as an offset to the duty disability benefit
30 payable hereunder in such manner as may be prescribed by the
31 rules of the Board board.
32 (Source: P.A. 90-32, eff. 6-27-97.)
33 (40 ILCS 5/17-118) (from Ch. 108 1/2, par. 17-118)
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1 Sec. 17-118. Disability pension administration. A
2 disability pensioner may be required to submit to an
3 examination periodically by a physician or physicians
4 appointed by the Board board. The purpose of the examination
5 is to establish whether the disability still exists and to
6 determine whether the person is still incapacitated for
7 teaching service or service as an employee of the Board
8 board. The Board board may require disability pensioners to
9 submit evidence of the continued existence of the disability.
10 The Board board may also employ investigative services to
11 determine whether such pensioners are employed elsewhere as
12 teachers or to establish whether they are still disabled.
13 The Board board shall cancel a disability pension upon
14 evidence that a pensioner is no longer incapacitated for
15 teaching or service as an employee of the Board board.
16 However, if a pensioner has attained age 55 and has 20 or
17 more years of service, the pension shall not be cancelled
18 unless he is re-employed as a teacher or as a
19 pensioner-substitute. If a disability pensioner is
20 re-employed as a teacher or pensioner-substitute, the pension
21 shall be cancelled on the first day of re-employment. The
22 pensioner shall reimburse the Fund for pension payments
23 received after the date of re-employment (if any), plus 5%
24 interest compounded annually beginning one year after the
25 Fund's notification of the cancellation and indebtedness.
26 Upon cancellation of a disability pension, unless such person
27 re-enters service and becomes a contributor, a refund shall
28 be payable of the excess, if any, of the refundable
29 contributions paid by him over the amount paid in disability
30 pension.
31 (Source: P.A. 81-1536.)
32 (40 ILCS 5/17-119) (from Ch. 108 1/2, par. 17-119)
33 Sec. 17-119. Automatic annual increase in pension. Each
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1 teacher retiring on or after September 1, 1959, is entitled
2 to the annual increase in pension, defined herein, while he
3 is receiving a pension from the Fund fund.
4 1. The term "base pension" means a service retirement or
5 disability retirement pension in the amount fixed and payable
6 at the date of retirement of a teacher.
7 2. The annual increase in pension shall be at the rate
8 of 1 1/2% of base pension. This increase shall first occur in
9 January of the year next following the first anniversary of
10 retirement. At such time the Fund fund shall pay the pro rata
11 part of the increase for the period from the first
12 anniversary date to the date of the first increase in
13 pension. Beginning January 1, 1972, the rate of annual
14 increase in pension shall be 2% of the base pension.
15 Beginning January 1, 1979, the rate of annual increase in
16 pension shall be 3% of the base pension. Beginning January 1,
17 1990, all automatic annual increases payable under this
18 Section shall be calculated as a percentage of the total
19 pension payable at the time of the increase, including all
20 increases previously granted under this Article,
21 notwithstanding Section 17-157.
22 3. An increase in pension shall be granted only if the
23 retired teacher is age 60 or over. If the teacher attains age
24 60 after retirement, the increase in pension shall begin in
25 January of the year following the 61st birthday. At such time
26 the Fund fund also shall pay the pro rata part of the
27 increase from the 61st birthday to the date of first increase
28 in pension.
29 In addition to other increases which may be provided by
30 this Section, on January 1, 1981 any teacher who was
31 receiving a retirement pension on or before January 1, 1971
32 shall have his retirement pension then being paid increased
33 $1 per month for each year of creditable service. On January
34 1, 1982, any teacher whose retirement pension began on or
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1 before January 1, 1977, shall have his retirement pension
2 then being paid increased $1 per month for each year of
3 creditable service.
4 On January 1, 1987, any teacher whose retirement pension
5 began on or before January 1, 1977, shall have the monthly
6 retirement pension increased by an amount equal to 8¢ per
7 year of creditable service times the number of years that
8 have elapsed since the retirement pension began.
9 (Source: P.A. 86-273.)
10 (40 ILCS 5/17-120) (from Ch. 108 1/2, par. 17-120)
11 Sec. 17-120. Reversionary pension. Any contributor, at
12 any time prior to retirement on a service retirement pension,
13 may exercise an option of taking a lesser amount of service
14 retirement pension and providing with the remainder of his
15 equity, determined on an actuarial equivalent basis, a
16 reversionary pension benefit for any person named in a
17 written designation filed by the contributor with the Board
18 board, provided that the pension resulting from such election
19 is not less than $40 per month, or more than the reduced
20 pension payable after the exercise of the option. If the
21 reduced pension to the retired teacher is less than that
22 provided for a beneficiary, whether or not the aforesaid
23 minimum amount is payable, the election shall be void.
24 The pension to a beneficiary shall begin on the first day
25 of the month next following the month in which the retired
26 teacher dies.
27 If the beneficiary survives the date of retirement of the
28 teacher, but does not survive the retired teacher, no
29 reversionary pensions shall be payable, and the teacher's
30 service pension shall be restored to the full service pension
31 amount beginning on the first day of the month next following
32 the month in which the beneficiary dies or on the effective
33 date of this amendatory Act of 1997, whichever occurs later.
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1 If the beneficiary dies after the election but before the
2 retirement of the teacher, the election shall be void. No
3 change shall be permitted in the written designation filed
4 with the Board board.
5 In the case of a reversionary annuity elected on or after
6 January 1, 1984, no reversionary annuity shall be paid if the
7 teacher dies before the expiration of 730 days from the date
8 that a written designation was filed with the Board board,
9 even though the teacher was receiving a reduced annuity.
10 Sections 1-103.1 and 17-157 do not apply to the changes
11 made to this Section by this amendatory Act of 1997.
12 (Source: P.A. 90-32, eff. 6-27-97.)
13 (40 ILCS 5/17-122) (from Ch. 108 1/2, par. 17-122)
14 Sec. 17-122. Survivor's and children's pensions - Amount.
15 Upon the death of a teacher who has completed at least 1 1/2
16 years of contributing service with either this Fund or the
17 State Universities Retirement System or the Teachers'
18 Retirement System of the State of Illinois, provided his
19 death occurred while (a) in active service covered by the
20 Fund fund or during his first 18 months of continuous
21 employment without a break in service under any other
22 participating system as defined in the Illinois Retirement
23 Systems Reciprocal Act except the State Universities
24 Retirement System and the Teachers' Retirement System of the
25 State of Illinois, (b) on a creditable leave of absence, (c)
26 on a noncreditable leave of absence of no more than one year,
27 or (d) a pension was deferred or pending provided the teacher
28 had at least 10 years of validated service credit, or upon
29 the death of a pensioner otherwise qualified for such
30 benefit, the surviving spouse and unmarried minor children of
31 the deceased teacher under age 18 shall be entitled to
32 pensions, under the conditions stated hereinafter. Such
33 survivor's and children's pensions shall be based on the
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1 average of the 4 highest consecutive years of salary in the
2 last 10 years of service or on the average salary for total
3 service, if total service has been less than 4 years,
4 according to the following percentages:
5 30% of average salary or 50% of the retirement pension
6 earned by the teacher, whichever is larger, subject to the
7 prescribed maximum monthly payment, for a surviving spouse
8 alone on attainment of age 50;
9 60% of average salary for a surviving spouse and
10 eligible minor children of the deceased teacher.
11 If no eligible spouse survives, or the surviving spouse
12 remarries, or the parent of the children of the deceased
13 member is otherwise ineligible for a survivor's pension, a
14 children's pension for eligible minor children under age 18
15 shall be paid to their parent or legal guardian for their
16 benefit according to the following percentages:
17 30% of average salary for one child;
18 60% of average salary for 2 or more children.
19 On January 1, 1981, any survivor or child who was
20 receiving a survivor's or children's pension on or before
21 January 1, 1971, shall have his survivor's or children's
22 pension then being paid increased by 1% for each full year
23 which has elapsed from the date the pension began. On January
24 1, 1982, any survivor or child whose pension began after
25 January 1, 1971, but before January 1, 1981, shall have his
26 survivor's or children's pension then being paid increased 1%
27 for each full year which has elapsed from the date the
28 pension began. On January 1, 1987, any survivor or child
29 whose pension began on or before January 1, 1977, shall have
30 the monthly survivor's or children's pension increased by $1
31 for each full year which has elapsed since the pension began.
32 Beginning January 1, 1990, every survivor's and
33 children's pension shall be increased (1) on each January 1
34 occurring on or after the commencement of the pension if the
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1 deceased teacher died while receiving a retirement pension,
2 or (2) in other cases, on each January 1 occurring on or
3 after the first anniversary of the commencement of the
4 pension, by an amount equal to 3% of the current amount of
5 the pension, including all increases previously granted under
6 this Article, notwithstanding Section 17-157. Such increases
7 shall apply without regard to whether the deceased teacher
8 was in service on or after the effective date of this
9 amendatory Act of 1991, but shall not accrue for any period
10 prior to January 1, 1990.
11 Subject to the minimum established below, the maximum
12 amount of pension for a surviving spouse alone or one minor
13 child shall be $400 per month, and the maximum combined
14 pensions for a surviving spouse and children of the deceased
15 teacher shall be $600 per month, with individual pensions
16 adjusted for all beneficiaries pro rata to conform with this
17 limitation. If proration is unnecessary the minimum
18 survivor's and children's pensions shall be $40 per month.
19 The minimum total survivor's and children's pension payable
20 upon the death of a contributor or annuitant which occurs
21 after December 31, 1986, shall be 50% of the earned
22 retirement pension of such contributor or annuitant,
23 calculated without early retirement discount in the case of
24 death in service.
25 On death after retirement, the total survivor's and
26 children's pensions shall not exceed the monthly retirement
27 or disability pension paid to the deceased retirant.
28 Survivor's and children's benefits described in this Section
29 shall apply to all service and disability pensioners eligible
30 for a pension as of July 1, 1981.
31 (Source: P.A. 90-32, eff. 6-27-97.)
32 (40 ILCS 5/17-123) (from Ch. 108 1/2, par. 17-123)
33 Sec. 17-123. Death benefits - Death in service. If a
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1 teacher dies (a) in service, (b) after resignation or (c)
2 after retirement but before receiving any pension payment,
3 his estate shall be paid a refund of the amounts he
4 contributed to the Fund fund less (1) any former refund that
5 has not been repaid, (2) the amount contributed for a
6 survivor's pension in the event such pension is payable under
7 Sections 121 and 122 of this Article and (3) pension payments
8 received; but if a written direction, signed by the
9 contributor before an officer authorized to take
10 acknowledgments and stating that the refund shall be paid to
11 named beneficiaries, was filed with the Board board prior to
12 his death, the refund shall be paid to such named
13 beneficiaries. If any of several named beneficiaries does not
14 survive the contributor and no directive was furnished by the
15 member to cover this contingency, the deceased beneficiary's
16 share of the refund shall be paid to the estate of the
17 contributor.
18 In addition to the payment provided in the foregoing
19 paragraph, if such teacher has received service credit within
20 13 calendar months of the date of death or was on a sick
21 leave authorized by the Employer Board of Education at the
22 time of death, and if no other pensions or benefits were
23 payable under the provisions of this Article or any other
24 participating system, as defined in the Illinois Retirement
25 Systems Reciprocal Act, except a refund of contributions or a
26 survivor's pension, there shall be paid a single payment
27 death benefit. For a teacher who dies on or after the
28 effective date of this amendatory Act of 1991, this benefit
29 shall be equal to the last month's base rate of salary,
30 subject to the limitations and conditions set forth in this
31 Article, for each year of validated service, not to exceed 6
32 times such salary, or $10,000, whichever is less. The single
33 payment death benefit shall be paid in the manner prescribed
34 for a refund of contributions to the Fund fund.
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1 Death benefits shall be paid only on written application
2 to the Board board.
3 (Source: P.A. 86-1488.)
4 (40 ILCS 5/17-124) (from Ch. 108 1/2, par. 17-124)
5 Sec. 17-124. Death Benefits - Death on pension. On
6 written application to the Board board, there shall be paid
7 to the estate of a deceased teacher-pensioner pension
8 payments, accrued, temporarily withheld or represented by
9 checks uncashed at the date of his death and the excess, if
10 any, of an amount equal to his refundable contributions for
11 service or disability retirement pension over pension to the
12 date of death; provided, that if there be filed with the
13 Board board prior to the death of the pensioner his written
14 direction, signed and acknowledged before an officer
15 authorized to take acknowledgments, that such payments be
16 paid to designated beneficiaries, they shall be so paid on
17 written application therefor to the Board board. If none of
18 several named beneficiaries survives the pensioner and no
19 directive was furnished by the member to cover this
20 contingency, the deceased beneficiary's share shall be paid
21 to the estate of the pensioner.
22 If a reversionary pension is payable upon death of a
23 pensioner, the determination and payment of any refund of
24 contributions payable under this Section shall be made upon
25 death of the reversionary pensioner. At such time a refund of
26 contributions less (1) the amount contributed for annual
27 increases in pension and (2) total pension payments to the
28 teacher-pensioner and survivor shall be paid in the manner
29 provided in this Section to the designated beneficiaries, or
30 estate of the deceased survivor.
31 If a pension is payable to a surviving spouse and/or
32 minor children upon death of a pensioner, the determination
33 of any refund of contributions payable under this Section
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1 shall be made upon death of the survivor and marriage or
2 attainment of age 18 of minor children. At that time a refund
3 of contributions for retirement and survivors' and children's
4 pensions less total pension payments to teacher-pensioner,
5 survivor and minor children shall be paid in the manner
6 provided in this Section to the designated beneficiaries, or
7 estate of the deceased survivor.
8 If eligible beneficiaries for survivors' or children's
9 benefits existed at the time of a pensioner's retirement but
10 not on the date of his death thereafter, the excess of total
11 contributions for retirement and survivors' and children's
12 pensions over pensions paid shall be determined upon death of
13 the pensioner and paid in the manner provided in this Section
14 to the designated beneficiaries, or estate of the deceased
15 teacher-pensioner.
16 Reversionary or survivor's pension payments accrued,
17 temporarily withheld, or represented by uncashed checks to
18 the date of death shall be paid to the reversionary
19 pensioner's or survivor's designated beneficiaries, or estate
20 in the manner provided in this Section.
21 On death of a retired teacher whose death occurs on or
22 after the effective date of this amendatory Act of 1991,
23 there shall be payable a lump sum death benefit equal to 6
24 times the teacher's salary rate for his last month of service
25 or $10,000, whichever is less, upon death during the first
26 year on pension minus 1/5 of the death benefit, as defined
27 herein, for each year or fraction thereof on pension after
28 the first full year, to a minimum of $5,000.
29 Notwithstanding Section 17-157, the changes made in this
30 Section and Section 17-123 by this amendatory Act of 1991
31 shall apply to teachers dying on or after the effective date
32 of this amendatory Act of 1991 without regard to whether
33 service terminated prior to that date.
34 (Source: P.A. 86-1488.)
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1 (40 ILCS 5/17-125) (from Ch. 108 1/2, par. 17-125)
2 Sec. 17-125. Refund of contributions. Upon certification
3 by the Employer On approval of his resignation by the Board
4 of Education or cancellation of his teaching certificate
5 prior to completion of the minimum term of service required
6 to establish eligibility for a pension and on written
7 application therefor, a teacher shall be paid a refund of all
8 the amounts he has contributed to the Fund fund, less any
9 former refund that has not been repaid.
10 Upon certification by the Employer On approval of his
11 resignation by the Board of Education or cancellation of his
12 teaching certificate after completion of the minimum term of
13 service required to establish eligibility for a pension and
14 on written application therefor, a teacher shall be paid a
15 refund of all the amounts he has contributed, less (1) any
16 former refund that has not been repaid, and (2) pension
17 payments received, provided he has executed and delivered to
18 the Board board his written receipt and release in that
19 behalf. Thereupon, he shall have no further interest in or
20 claim against the Fund fund.
21 A request for refund under either of the preceding
22 paragraphs shall be considered valid if withdrawal from
23 service occurred at least 2 months prior to the filing of
24 such request.
25 Upon retirement of a teacher either on immediate or
26 deferred pension, if the teacher is not then married, or if
27 his spouse or children do not meet the qualifying conditions
28 for survivor's or children's pensions, the total amount
29 contributed by him or otherwise paid by deductions from
30 salary for survivor's pension, shall be refunded to him,
31 without interest. No survivor's or children's pension rights
32 shall be effective thereafter in such a case.
33 During a teacher's term of service, no refund is payable
34 except contributions made in error.
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1 (Source: P.A. 84-1028.)
2 (40 ILCS 5/17-126) (from Ch. 108 1/2, par. 17-126)
3 Sec. 17-126. Repayment of refund. If any person who has
4 received a refund is reemployed by an Employer the Board of
5 Education and again becomes a contributor for a period of at
6 least 2 years, or has established credit of at least 2 years
7 of service subsequent to the date of such refund, in a
8 retirement system which has subscribed to the "Retirement
9 Systems Reciprocal Act" and is a contributor thereto, he may
10 repay to the Fund fund the amount he received as a refund,
11 together with interest thereon at 5% per annum compounded
12 annually from the time the refund was paid to the date of
13 repayment.
14 (Source: P.A. 80-570.)
15 (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
16 Sec. 17-127. Financing; revenues for the Fund.
17 (a) The revenues for the Fund shall consist of: (1)
18 amounts paid into the Fund by contributors thereto and from
19 taxes and State appropriations in accordance with this
20 Article; (2) amounts contributed to the Fund by an Employer;
21 (3) amounts contributed to the Fund pursuant to any law now
22 in force or hereafter to be enacted; (4) (3) contributions
23 from any other source; and (5) (4) the earnings on
24 investments.
25 (b) The General Assembly finds that for many years the
26 State has contributed to the Fund an annual amount that is
27 between 20% and 30% of the amount of the annual State
28 contribution to the Article 16 retirement system, and the
29 General Assembly declares that it is its goal and intention
30 to continue this level of contribution to the Fund in the
31 future.
32 (Source: P.A. 88-593, eff. 8-22-94.)
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1 (40 ILCS 5/17-127.1) (from Ch. 108 1/2, par. 17-127.1)
2 Sec. 17-127.1. Special revenues. Donations, gifts, and
3 legacies received by the fund shall be held and accounted for
4 as the Board so provides of Trustees so provide by
5 appropriate resolution. Nothing in this Article shall be so
6 construed as to prevent the Board of Trustees from directing
7 such resources to be used for memorial or other commemorative
8 purposes honoring the grantors, while alive or posthumously,
9 of such special revenues.
10 (Source: P.A. 83-388.)
11 (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
12 Sec. 17-129. Employer contributions; deficiency in Fund.
13 (a) If in any fiscal year the total amounts paid to the
14 Fund from the Board board of Education education (other than
15 under this subsection, and other than amounts used for making
16 or "picking up" contributions on behalf of teachers) and from
17 the State do not equal the total contributions made by or on
18 behalf of the teachers for such year, or if the total income
19 of the Fund in any fiscal year from all sources is less than
20 the total expenditures by the Fund for such year, the Board
21 of Education shall, in the next succeeding year, in addition
22 to any other payment to the Fund set apart and appropriate
23 from moneys from its tax levy for educational purposes, a sum
24 sufficient to remove such deficiency or deficiencies, and
25 promptly pay such sum into the Fund in order to restore any
26 of the reserves of the Fund that may have been so temporarily
27 applied.
28 (b) For fiscal years 2011 through 2045, the minimum
29 contribution to the Fund to be made by the Board board of
30 Education education in each fiscal year shall be an amount
31 determined by the Fund to be sufficient to bring the total
32 assets of the Fund up to 90% of the total actuarial
33 liabilities of the Fund by the end of fiscal year 2045. In
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1 making these determinations, the required Board board of
2 Education education contribution shall be calculated each
3 year as a level percentage of the applicable employee
4 payrolls payroll over the years remaining to and including
5 fiscal year 2045 and shall be determined under the projected
6 unit credit actuarial cost method.
7 For fiscal years 1999 through 2010, the Board board of
8 Education's education's contribution to the Fund, as a
9 percentage of the applicable employee payroll, shall be
10 increased in equal annual increments so that by fiscal year
11 2011, the Board board of Education education is contributing
12 at the rate required under this subsection.
13 Beginning in fiscal year 2046, the minimum Board board of
14 Education education contribution for each fiscal year shall
15 be the amount needed to maintain the total assets of the Fund
16 at 90% of the total actuarial liabilities of the Fund.
17 (c) The Board of Trustees shall determine the amount of
18 Board board of Education education contributions required for
19 each fiscal year on the basis of the actuarial tables and
20 other assumptions adopted by the Board and the
21 recommendations of the actuary, in order to meet the minimum
22 contribution requirements of subsections (a) and (b).
23 Annually, on or before February 28 November 15, the Board
24 shall certify to the Board board of Education education the
25 amount of the required Board board of Education education
26 contribution for the coming fiscal year. The certification
27 shall include a copy of the actuarial recommendations upon
28 which it is based.
29 (Source: P.A. 89-15, eff. 5-30-95.)
30 (40 ILCS 5/17-130) (from Ch. 108 1/2, par. 17-130)
31 Sec. 17-130. Participants' contributions by payroll
32 deductions. There shall be deducted from the salary of each
33 teacher 6 1/2% of his salary for service or disability
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1 retirement pension and 1/2 of 1% of salary for the annual
2 increase in base pension.
3 In addition, there shall be deducted from the salary of
4 each teacher 1% of his salary for survivors' and children's
5 pensions.
6 An Employer and any employer of eligible contributors as
7 defined in Section 17-106 The board is authorized to make the
8 necessary deductions from the salaries of its teachers, to
9 receive any other contributions required to be made by them,
10 and to certify to the city treasurer the amounts so deducted
11 and contributed by them. Such amounts shall be included as a
12 part of the Fund fund. An Employer and any employer of
13 eligible contributors as defined in Section 17-106 The board
14 shall formulate such rules and regulations as may be
15 necessary to give effect to the provisions of this Section.
16 All persons employed as teachers shall, by such
17 employment, accept the provisions of this Article and of
18 Sections 34-83 to 34-87, inclusive, of "The School Code",
19 approved March 18, 1961, as amended, and thereupon become
20 contributors to the Fund fund in accordance with the terms
21 thereof. The provisions of this Article and of those Sections
22 shall become a part of the contract of employment.
23 (Source: P.A. 81-1536.)
24 (40 ILCS 5/17-130.1) (from Ch. 108 1/2, par. 17-130.1)
25 Sec. 17-130.1. Employer contributions on behalf of
26 employees. An Employer and the Board The Board of Education
27 may make and may incur an obligation to make contributions on
28 behalf of its employees in an amount not to exceed the
29 employee contributions required by Section 17-130 for all
30 compensation earned after September 21, 1981. If the
31 Employer or the Board of Education determines not to make
32 such contributions or incur an obligation to make such
33 contributions, the amount that it could have contributed on
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1 behalf of its employees shall continue to be deducted from
2 salary. If contributions are made by an Employer or the
3 Board of Education on behalf of its employees they shall be
4 treated as employer contributions in determining tax
5 treatment under the United States Internal Revenue Code. An
6 Employer or the The Board of Education may make these
7 contributions on behalf of its employees by a reduction in
8 the cash salary of the employee or by an offset against a
9 future salary increase or by a combination of a reduction in
10 salary and offset against a future salary increase. An
11 Employer or the Board The employer shall pay these employee
12 contributions from the same source of funds which is used in
13 paying salary to the employee, or it may also or
14 alternatively make such contributions from the proceeds of
15 the tax authorized by Section 34-60 of the School Code.
16 Such If employee contributions are made by the Board of
17 Education on behalf of its employees, they shall be treated
18 for all purposes of this Article 17 in the same manner and to
19 the same extent as employee contributions made by employees
20 and deducted from salary; provided, however, that
21 contributions made by the Board of Education on behalf of its
22 employees which are to be paid from the proceeds of the tax,
23 as provided in Section 34-60 of the School Code, shall not be
24 treated as teachers' pension contributions for the purposes
25 of Section 17-132 of the Illinois Pension Code, and provided
26 further, that contributions which are made by the Board of
27 Education on behalf of its employees shall not be treated as
28 a pension or retirement obligation of the Board of Education
29 for purposes of Section 12 of "An Act in relation to State
30 revenue sharing with local governmental entities", approved
31 July 31, 1969.
32 (Source: P.A. 86-1471; 86-1488.)
33 (40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131)
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1 Sec. 17-131. Administration of payroll deductions.
2 During any period in which salaries are paid, such deductions
3 by an Employer or the Board of Education or the board shall
4 be made on the basis of the full salary rates, exclusive of
5 salaries for overtime, special services or any employment on
6 an optional basis, such as in summer school. If salaries
7 represent adjustments on account of error, deductions by the
8 Employer or the Board of Education shall be at rates in force
9 during the applicable payroll period. If teachers receive
10 salaries for the school year, as established by an Employer
11 the Board of Education, or if they receive salaries for more
12 than 10 calendar months, the amount required for each year of
13 service shall be deducted by such Employer the Board of
14 Education in installments. The total amounts for each
15 semimonthly payroll period, or bi-weekly payroll period, as
16 the case may be, shall be deducted only when salary payments
17 represent 5 days' pay or more. If an Employer or the Board
18 of Education pays salaries to members of the teaching force
19 for vacation periods, the salary shall be considered part of
20 the teacher's annual salary, shall be subject to the standard
21 deductions for pension contributions, and shall be considered
22 to represent pay for 5 or more days' employment in a
23 bi-weekly or semi-monthly payroll period for purposes set
24 forth in this Section. If deductions from salaries result in
25 amounts of less than one cent, the fractional sums shall be
26 increased to the next higher cent. Any excess of these
27 fractional increases over the prescribed annual contributions
28 shall be credited to the teachers' accounts.
29 In the event that, pursuant to Section 17-130.1, employee
30 employer contributions are picked up or made by the Board of
31 Education on behalf of its employees from the proceeds of the
32 tax levied under Section 34-60 of the School Code, then the
33 amount of the employee contributions which are picked up or
34 made in that manner shall not be deducted from the salaries
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1 of such employees.
2 (Source: P.A. 86-1471; 86-1488.)
3 (40 ILCS 5/17-132) (from Ch. 108 1/2, par. 17-132)
4 Sec. 17-132. Payments and certification of salary
5 deductions. An Employer The Board of Education shall cause
6 the Fund to receive all teachers' pension contributions
7 within 15 business days of the predesignated paydays. Amount
8 not received by the fifth day shall be deemed delinquent and
9 subject to late interest penalty (calculated at the average
10 short-term rate of interest earned by the Fund for the
11 calendar month preceding the calendar month in which the
12 delinquency occurs) starting from the predesignated payday
13 and ending on the date payment is received. The appropriate
14 officers of the Employer president and the secretary of the
15 Board of Education shall certify at least monthly to the Fund
16 city treasurer all amounts deducted from the salaries of
17 contributors. The certification shall constitute a
18 confirmation of the accuracy of such deductions according to
19 the provisions of this Article. For the purpose of this
20 Section the predesignated payday shall be determined in
21 accordance with each Employer's the Board of Education
22 official payroll schedule for contributions to the Fund.
23 The Board has the authority to conduct payroll audits of
24 a charter school to determine the existence of any
25 delinquencies in contributions to the Fund, and such charter
26 school shall be required to provide such books and records
27 and contribution information as the Board or its authorized
28 representative may require. The Board is also authorized to
29 collect delinquent contributions from charter schools and
30 develop procedures for the collection of such delinquencies.
31 Collection procedures may include legal proceedings in the
32 courts of the State of Illinois. Expenses, including
33 reasonable attorneys' fees, incurred in the collection of
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1 delinquent contributions may be assessed by the Board against
2 the charter school.
3 (Source: P.A. 82-581.)
4 (40 ILCS 5/17-133) (from Ch. 108 1/2, par. 17-133)
5 Sec. 17-133. Contributions for periods of outside and
6 other service. Regularly certified and appointed teachers who
7 desire to have the following described services credited for
8 pension purposes shall submit to the Board board evidence
9 thereof and pay into the Fund fund the amounts prescribed
10 herein:
11 1. For teaching service by a certified teacher in
12 the public schools of the several states or in schools
13 operated by or under the auspices of the United States, a
14 teacher shall pay the contributions at the rates in force
15 (a) on the date of appointment as a regularly certified
16 teacher after salary adjustments are completed, or (b) at
17 the time of reappointment after salary adjustments are
18 completed, whichever is later, but not less than $450 per
19 year of service. Upon the Board's board's approval of
20 such service and the payment of the required
21 contributions, service credit of not more than 10 years
22 shall be granted.
23 2. For service as a playground instructor in public
24 school playgrounds, teachers shall pay the contributions
25 prescribed in this Article (a) at the time of
26 appointment, as a regularly certified teacher after
27 salary adjustments are completed, or (b) on return to
28 service as a full time regularly certified teacher, as
29 the case may be, provided such rates or amounts shall not
30 be less than $450 per year.
31 3. For service prior to September 1, 1955, in the
32 public schools of the City as a substitute, evening
33 school or temporary teacher, or for service as an
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1 Americanization teacher prior to December 31, 1955,
2 teachers shall pay the contributions prescribed in this
3 Article (a) at the time of appointment, as a regularly
4 certified teacher after salary adjustments are completed,
5 (b) on return to service as a full time regularly
6 certified teacher, as the case may be, provided such
7 rates or amounts shall not be less than $450 per year;
8 and provided further that for teachers employed on or
9 after September 1, 1953, rates shall not include
10 contributions for widows' pensions if the service
11 described in this sub-paragraph 3 was rendered before
12 that date. Any teacher entitled to repay a refund of
13 contributions under Section 126 of this Article may
14 validate service described in this paragraph by payment
15 of the amounts prescribed herein, together with the
16 repayment of the refund, provided that if such creditable
17 service was the last service rendered in the public
18 schools of the City and is not automatically reinstated
19 by repayment of the refund, the rates or amounts shall
20 not be less than $450 per year.
21 4. For service after June 30, 1982 as a member of
22 the Board of Education, if required to resign from an
23 administrative or teaching position in order to qualify
24 as a member of the Board of Education.
25 For service described in sub-paragraphs 1, 2 and 3 of
26 this Section, interest shall be charged beginning one year
27 after the effective date of appointment or reappointment.
28 Effective September 1, 1974, the interest rate to be
29 charged by the Fund fund on contributions provided in
30 sub-paragraphs 1, 2, 3 and 4 shall be 5% per annum compounded
31 annually.
32 (Source: P.A. 87-794.)
33 (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
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1 Sec. 17-134. Contributions for leaves of absence;
2 military service; computing service. In computing service
3 for pension purposes the following periods of service shall
4 stand in lieu of a like number of years of teaching service
5 upon payment therefor in the manner hereinafter provided: (a)
6 time spent on sabbatical leaves of absence, sick leaves or
7 maternity or paternity leaves; (b) service with teacher or
8 labor organizations based upon special leaves of absence
9 therefor granted by an Employer the Board of Education; (c) a
10 maximum of 5 years spent in the military service of the
11 United States, of which up to 2 years may have been served
12 outside the pension period; (d) unused sick days at
13 termination of service to a maximum of 244 days; (e) time
14 lost due to layoff and curtailment of the school term from
15 June 6 through June 21, 1976; and (f) time spent after June
16 30, 1982 as a member of the Board of Education, if required
17 to resign from an administrative or teaching position in
18 order to qualify as a member of the Board of Education.
19 (1) For time spent on or after September 6, 1948 on
20 sabbatical leaves of absence or sick leaves, for which
21 salaries are paid, an Employer the Board of Education
22 shall make payroll deductions at the applicable rates in
23 effect during such periods.
24 (2) For time spent on sabbatical or sick leaves
25 commencing on or after September 1, 1961, and for time
26 spent on maternity or paternity leaves, for which no
27 salaries are paid, teachers desiring credit therefor
28 shall pay the required contributions at the rates in
29 effect during such periods as though they were in
30 teaching service. If an Employer the Board of Education
31 pays salary for vacations which occur during a teacher's
32 sick leave or maternity or paternity leave without
33 salary, vacation pay for which the teacher would have
34 qualified while in active service shall be considered
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1 part of the teacher's total salary for pension purposes.
2 No more than 12 months of sick leave or maternity or
3 paternity leave credit may be allowed any person during
4 the entire term of service. Sabbatical leave credit shall
5 be limited to the time the person on leave without salary
6 under an Employer's Board of Education rules is allowed
7 to engage in an activity for which he receives salary or
8 compensation.
9 (3) For time spent prior to September 6, 1948, on
10 sabbatical leaves of absence or sick leaves for which
11 salaries were paid, teachers desiring service credit
12 therefor shall pay the required contributions at the
13 maximum applicable rates in effect during such periods.
14 (4) For service with teacher or labor organizations
15 authorized by special leaves of absence, for which no
16 payroll deductions are made by an Employer the Board of
17 Education, teachers desiring service credit therefor
18 shall contribute to the Fund fund upon the basis of the
19 actual salary received from such organizations at the
20 percentage rates in effect during such periods for
21 certified positions with such Employer the Board of
22 Education. To the extent the actual salary exceeds the
23 regular salary, which shall be defined as the salary
24 rate, as calculated by the Board board of trustees, in
25 effect for the teacher's regular position in teaching
26 service on September 1, 1983 or on the effective date of
27 the leave with the organization, whichever is later, the
28 organization shall pay to the Fund the employer's normal
29 cost as set by the Board fund the employer's normal cost
30 as set by the board of trustees on the increment.
31 (5) For time spent in the military service,
32 teachers entitled to and desiring credit therefor shall
33 contribute the amount required for each year of service
34 or fraction thereof at the rates in force (a) at the date
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1 of appointment, or (b) on return to teaching service as a
2 regularly certified teacher, as the case may be; provided
3 such rates shall not be less than $450 per year of
4 service. These conditions shall apply unless an Employer
5 the Board of Education elects to and does pay into the
6 Fund fund the amount which would have been due from such
7 person had he been employed as a teacher during such
8 time. In the case of credit for military service not
9 during the pension period, the teacher must also pay to
10 the Fund an amount determined by the Board board to be
11 equal to the employer's normal cost of the benefits
12 accrued from such service, plus interest thereon at 5%
13 per year, compounded annually, from the date of
14 appointment to the date of payment.
15 The changes to this Section made by Public Act
16 87-795 shall apply not only to persons who on or after
17 its effective date are in service under the Fund, but
18 also to persons whose status as a teacher terminated
19 prior to that date, whether or not the person is an
20 annuitant on that date. In the case of an annuitant who
21 applies for credit allowable under this Section for a
22 period of military service that did not immediately
23 follow employment, and who has made the required
24 contributions for such credit, the annuity shall be
25 recalculated to include the additional service credit,
26 with the increase taking effect on the date the Fund
27 received written notification of the annuitant's intent
28 to purchase the credit, if payment of all the required
29 contributions is made within 60 days of such notice, or
30 else on the first annuity payment date following the date
31 of payment of the required contributions. In calculating
32 the automatic annual increase for an annuity that has
33 been recalculated under this Section, the increase
34 attributable to the additional service allowable under
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1 this amendatory Act of 1991 shall be included in the
2 calculation of automatic annual increases accruing after
3 the effective date of the recalculation.
4 The total credit for military service shall not
5 exceed 5 years, except that any teacher who on July 1,
6 1963, had validated credit for more than 5 years of
7 military service shall be entitled to the total amount of
8 such credit.
9 (6) A maximum of 244 unused sick days credited to
10 his account by an Employer the Board of Education on the
11 date of termination of employment. Members, upon
12 verification of unused sick days, may add this service
13 time to total creditable service.
14 (7) In all cases where time spent on leave is
15 creditable and no payroll deductions therefor are made by
16 an Employer the Board of Education, persons desiring
17 service credit shall make the required contributions
18 directly to the Fund fund.
19 (8) For time lost without pay due to layoff and
20 curtailment of the school term from June 6 through June
21 21, 1976, as provided in item (e) of the first paragraph
22 of this Section, persons who were contributors on the
23 days immediately preceding such layoff shall receive
24 credit upon paying to the Fund a contribution based on
25 the rates of compensation and employee contributions in
26 effect at the time of such layoff, together with an
27 additional amount equal to 12.2% of the compensation
28 computed for such period of layoff, plus interest on the
29 entire amount at 5% per annum from January 1, 1978 to the
30 date of payment. If such contribution is paid, salary
31 for pension purposes for any year in which such a layoff
32 occurred shall include the compensation recognized for
33 purposes of computing that contribution.
34 (9) For time spent after June 30, 1982, as a
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1 nonsalaried member of the Board of Education, if required
2 to resign from an administrative or teaching position in
3 order to qualify as a member of the Board of Education,
4 an administrator or teacher desiring credit therefor
5 shall pay the required contributions at the rates and
6 salaries in effect during such periods as though the
7 member were in service.
8 Effective September 1, 1974, the interest charged for
9 validation of service described in paragraphs (2) through (5)
10 of this Section shall be compounded annually at a rate of 5%
11 commencing one year after the termination of the leave or
12 return to service.
13 (Source: P.A. 90-32, eff. 6-27-97.)
14 (40 ILCS 5/17-135) (from Ch. 108 1/2, par. 17-135)
15 Sec. 17-135. Contributions for other service credits. On
16 payment at the rates prescribed herein on the date of
17 appointment or employment as teachers, or as such rates are
18 adjusted by the Board of Education, but not less than $450
19 per year of service, members shall be entitled to have
20 credited for pension purposes service as: (a) a civil service
21 librarian in the public schools of the city, or in such city;
22 (b) a playground or recreational instructor for such city or
23 the Park District in such city; (c) a school clerk, employed
24 by the Board of Education; and (d) a lunchroom manager for
25 the Board of Education. Interest on such payments shall be
26 charged commencing one year after the date of such
27 appointment or employment.
28 Effective September 1, 1974, the interest rate to be
29 charged by the Fund fund shall be 5% per annum compounded
30 annually.
31 (Source: P.A. 80-570.)
32 (40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137)
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1 Sec. 17-137. Board created. There shall be elected a
2 Board of Trustees, herein also referred to as the "Board"
3 "board", to administer and control the Fund fund created by
4 this Article. The Board of Trustees shall consist of 12
5 members, 2 of whom shall be members of the Board of
6 Education, 6 of whom shall be contributors who are not
7 principals, one of whom shall be a contributor who is a
8 principal, and 3 of whom shall be pensioners, all to be
9 chosen as provided in this Article.
10 (Source: P.A. 89-136, eff. 7-14-95.)
11 (40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138)
12 Sec. 17-138. Board membership. At the first meeting of
13 the Board of Education in November of each year, the Board of
14 Education shall appoint one of its members to serve, while a
15 member of the Board of Education, on the Board of Trustees
16 for a term of 2 years.
17 On the last school day of the 4th week of October of each
18 year there shall be elected 2 members of the Board of
19 Trustees from the teachers other than principals, who shall
20 hold office for terms of 3 years while retaining their status
21 as teachers other than principals, and other members to fill
22 unexpired terms. In the event that schools are not in
23 session on or during the week prior to the last Friday in
24 October, this election shall be held on the Friday of the
25 first subsequent full week of school. The election shall be
26 by secret ballot and shall be held in such manner as the
27 Board of Trustees by bylaws or rules shall provide. Only
28 teachers who are not principals shall be eligible to vote in
29 the election.
30 During the first week of November of 1995 and every third
31 year thereafter, one contributor who is a principal shall be
32 elected a member of the Board of Trustees. This trustee
33 shall hold office for a term of 3 years while retaining his
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1 or her status as a principal. The election shall be by mail
2 ballot and only contributors who are principals shall be
3 eligible to vote. The election shall be held in the manner
4 provided by the Board of Trustees by rule or bylaw.
5 During the first week of November of each odd-numbered
6 year there shall be elected 3 members of the Board of
7 Trustees from the pensioners, who shall hold office for a
8 term of 2 years while retaining their status as pensioners.
9 The election shall be by mail ballot to all service and
10 disability pensioners, and shall be held in such manner as
11 the Board of Trustees by bylaws or rules shall provide.
12 All trustees, while members of the Board of Education or
13 while principals, teachers other than principals, or
14 pensioners, as the case may be, shall hold their offices
15 until their successors shall have been appointed or elected
16 and qualified by subscribing to the constitutional oath of
17 office at the immediately succeeding regular meeting of the
18 Board board.
19 (Source: P.A. 89-136, eff. 7-14-95.)
20 (40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139)
21 Sec. 17-139. Board elections and vacancies.
22 (1) Contributors other than principals election. Every
23 member who is not a principal may vote at the election for as
24 many persons as there are trustees to be elected by the
25 contributors who are not principals. The name of a candidate
26 shall not be printed upon the ballot unless he or she has
27 been assigned on a regular certificate for at least 10 years
28 in the Chicago public schools or charter schools and
29 nominated by a petition signed by not less than 200
30 contributors who are not principals.
31 Petitions shall be filed with the recording secretary of
32 the Fund fund on or after September 15 of each year and not
33 later than October 1st of that year. No more than one
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1 candidate may be nominated by any one petition. If the
2 nominations do not exceed the number of candidates to be
3 elected, the canvassing board shall declare the nominated
4 candidates elected. Otherwise, candidates receiving the
5 highest number of votes cast for their respective terms shall
6 be declared elected. The location and number of polling
7 places shall be designated by the Board board. The election
8 shall be conducted by the teachers who are not principals,
9 and the judges of the election shall be selected from the
10 teachers who are not principals, in such manner as the board
11 in its bylaws or rules provides.
12 Elections to fill vacancies on the Board board shall be
13 held at the next annual election.
14 (2) Pensioners election. The name of a candidate shall
15 not be printed on the ballot unless he or she has been
16 nominated by a petition signed by not less than 100
17 pensioners of the Fund fund. Petitions shall be filed with
18 the recording secretary of the Fund fund on or before October
19 1 of the odd-numbered year. If the nominations do not exceed
20 3 2, the mailing of ballots shall be eliminated and the
21 nominated candidates shall be declared elected. Otherwise,
22 the 3 2 candidates receiving the highest number of votes cast
23 shall be declared elected. The mailing and counting of the
24 ballots shall be conducted by the office of the Fund fund
25 with volunteer assistance from pensioners at the request of
26 the Board trustees.
27 (3) Principals election. The name of a candidate shall
28 not be printed on the ballot unless he or she has been
29 nominated by a petition signed by at least 25 contributors
30 who are principals. Petitions shall be filed with the
31 recording secretary of the Fund on or before October 1 of the
32 election year. If only one eligible candidate is nominated,
33 the election shall not be held and the nominated candidate
34 shall be declared elected. Otherwise, the candidate
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1 receiving the highest number of votes cast shall be declared
2 elected. The mailing and counting of the ballots shall be
3 conducted by the office of the Fund.
4 (4) Vacancies. The Board of Trustees may fill vacancies
5 occurring in the membership of the Board elected by the
6 principals, teachers other than principals, or pensioners at
7 any regular meeting of the Board. The Board of Education may
8 fill vacancies occurring in the membership of the Board of
9 Trustees appointed by the Board of Education at any regular
10 meeting of the Board of Education.
11 (Source: P.A. 89-136, eff. 7-14-95.)
12 (40 ILCS 5/17-140) (from Ch. 108 1/2, par. 17-140)
13 Sec. 17-140. Board officers.
14 The president, recording secretary and other officers of
15 the Board board shall be elected by and from the members of
16 the board at the first meeting of the Board board after the
17 election of trustees.
18 In case any officer whose signature appears upon any
19 check or draft, issued pursuant to this Article, ceases
20 (after attaching his signature) to hold his office before the
21 delivery thereof to the payee, his signature nevertheless
22 shall be valid and sufficient for all purposes with the same
23 effect as if he had remained in office until delivery
24 thereof.
25 (Source: P. A. 78-638.)
26 (40 ILCS 5/17-141) (from Ch. 108 1/2, par. 17-141)
27 Sec. 17-141. Board's powers and duties.
28 The Board board shall have the powers and duties stated
29 in Sections 17-142 to 17-146, inclusive, in addition to the
30 other powers and duties provided in this Article.
31 (Source: Laws 1963, p. 161.)
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1 (40 ILCS 5/17-142) (from Ch. 108 1/2, par. 17-142)
2 Sec. 17-142. To make payments.
3 To make payments from the Fund fund of pensions and other
4 benefits provided in this Article.
5 (Source: Laws 1963, p. 161.)
6 (40 ILCS 5/17-142.1) (from Ch. 108 1/2, par. 17-142.1)
7 Sec. 17-142.1. To defray health insurance costs. To
8 provide for the partial reimbursement of health insurance
9 costs.
10 (1) On the first day of September of each year,
11 beginning in 1988, the Board board may, by separate warrant,
12 pay to each recipient of a service retirement, disability
13 retirement or survivor's pension an amount to be determined
14 by the Board board, which shall represent partial
15 reimbursement for the cost of the recipient's health
16 insurance coverage.
17 (2) In lieu of the annual payment authorized in
18 subdivision (1), for pensioners enrolled in the Fund's
19 regular health care deduction plans, the Fund may pay the
20 health insurance premium reimbursement on a monthly rather
21 than annual basis, at the percentage rate established from
22 time to time by the Board. If the Board so directs, these
23 monthly payments may be made in the form of a direct payment
24 of premium and a reduction in the amount deducted from the
25 annuity, rather than in the form of reimbursement by separate
26 warrant.
27 (3) Total payments under this Section in any year may
28 not exceed $25,000,000 plus any amount that was authorized to
29 be paid under this Section in the preceding year but was not
30 actually paid by the Board.
31 (Source: P.A. 86-1488; 87-794; 87-1265.)
32 (40 ILCS 5/17-143.1) (from Ch. 108 1/2, par. 17-143.1)
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1 Sec. 17-143.1. Office. To rent, lease, or acquire office
2 space as may be necessary for the proper administration of
3 the Fund fund.
4 (Source: P.A. 83-792.)
5 (40 ILCS 5/17-144) (from Ch. 108 1/2, par. 17-144)
6 Sec. 17-144. To fill vacancies. To fill any vacancies
7 occurring in the Board of Trustees of members elected from
8 the teachers or pensioners, until the next annual election,
9 when the vacancies shall be filled as provided by this
10 Article.
11 (Source: P.A. 82-260.)
12 (40 ILCS 5/17-145) (from Ch. 108 1/2, par. 17-145)
13 Sec. 17-145. To adopt rules.
14 To adopt such by-laws and rules for the administration of
15 the Fund fund as it deems advisable.
16 (Source: Laws 1963, p. 161.)
17 (40 ILCS 5/17-146) (from Ch. 108 1/2, par. 17-146)
18 Sec. 17-146. To make investments. To invest the moneys
19 of the Fund fund, subject to the requirements and
20 restrictions set forth in this Article and in Sections 1-109,
21 1-109.1, 1-109.2, 1-110, 1-111, 1-114 and 1-115.
22 No bank or savings and loan association shall receive
23 investment funds as permitted by this Section, unless it has
24 complied with the requirements established pursuant to
25 Section 6 of the Public Funds Investment Act. Those
26 requirements shall be applicable only at the time of
27 investment and shall not require the liquidation of any
28 investment at any time.
29 The Board board shall have the authority to enter into
30 any agreements and to execute any documents that it
31 determines to be necessary to complete any investment
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1 transaction.
2 All investments shall be clearly held and accounted for
3 to indicate ownership by the Fund fund. The Board board may
4 direct the registration of securities or the holding of
5 interests in real property in the name of the Fund fund or in
6 the name of a nominee created for the express purpose of
7 registering securities or holding interests in real property
8 by a national or state bank or trust company authorized to
9 conduct a trust business in the State of Illinois. The Board
10 board may hold title to interests in real property in the
11 name of the fund or in the name of a title holding
12 corporation created for the express purpose of holding title
13 to interests in real property.
14 Investments shall be carried at cost or at a value
15 determined in accordance with generally accepted accounting
16 principles and accounting procedures approved by the Board
17 board.
18 The value of investments held by the Fund fund in one or
19 more commingled investment accounts shall be determined in
20 accordance with generally accepted accounting principles.
21 The Board board of trustees of any fund established under
22 this Article may not transfer its investment authority, nor
23 transfer the assets of the Fund fund to any other person or
24 entity for the purpose of consolidating or merging its assets
25 and management with any other pension fund or public
26 investment authority, unless the Board board resolution
27 authorizing such transfer is submitted for approval to the
28 contributors and pensioners of the Fund fund at elections
29 held not less than 30 days after the adoption of such
30 resolution by the Board board, and such resolution is
31 approved by a majority of the votes cast on the question in
32 both the contributors election and the pensioners election.
33 The election procedures and qualifications governing the
34 election of trustees shall govern the submission of
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1 resolutions for approval under this paragraph, insofar as
2 they may be made applicable.
3 (Source: P.A. 89-636, eff. 8-9-96; 90-19, eff. 6-20-97;
4 90-32, eff. 6-27-97.)
5 (40 ILCS 5/17-146.1) (from Ch. 108 1/2, par. 17-146.1)
6 Sec. 17-146.1. Participation in commingled investment
7 funds; transfer of investment functions and securities.
8 (a) The Board retirement board may invest in any
9 commingled investment fund or funds established and
10 maintained by the Illinois State Board of Investment under
11 the provisions of Article 22A of this Code. All commingled
12 fund participations shall be subject to the law governing the
13 Illinois State Board of Investment and the rules, policies
14 and directives of that Board.
15 (b) The Board retirement board may, by resolution duly
16 adopted by a majority vote of its membership, transfer to the
17 Illinois State Board of Investment created by Article 22A of
18 this Code, for management and administration, all investments
19 owned by the Fund of every kind and character. Upon
20 completion of such transfer, the authority of the Board
21 retirement board to make investments shall terminate.
22 Thereafter, all investments of the reserves of the Fund shall
23 be made by the Illinois State Board of Investment in
24 accordance with the provisions of Article 22A of this Code.
25 Such transfer shall be made not later than the first day
26 of the fourth month next following the date of such
27 resolution. Before such transfer an audit of such
28 investments shall be completed by a certified public
29 accountant selected by the Illinois State Board of Investment
30 and approved by the Auditor General of the State of Illinois.
31 The expense of such audit shall be defrayed by the retirement
32 Board board.
33 (Source: P.A. 90-19, eff. 6-20-97; 90-32, eff. 6-27-97.)
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1 (40 ILCS 5/17-146.2) (from Ch. 108 1/2, par. 17-146.2)
2 Sec. 17-146.2. To lend securities. The Board board of
3 trustees may lend securities owned by the Fund to a borrower
4 upon such written terms and conditions as may be mutually
5 agreed. The agreement shall provide that during the period
6 of the loan the Fund (or the custodian of the Fund, or agent
7 thereof, as applicable) shall retain the right to receive or
8 collect from the borrower all dividends, interest and
9 distributions to which the Fund would have otherwise been
10 entitled. The borrower shall deposit with the Fund
11 collateral for the loan equal to the market value of the
12 securities at the time the loan is made, and shall increase
13 the amount of collateral if the Board requests an additional
14 amount because of subsequent increased market value of the
15 securities. The Board may accept from the borrower cash
16 collateral or collateral consisting of assets described in
17 Section 1-113 of this Act. To the extent that the Fund
18 participates in a securities lending program established and
19 maintained by (1) a national or State bank which is
20 authorized to do business in the State of Illinois, or (2) an
21 investment manager, the Board may accept collateral
22 consisting of an undivided interest in a pool of commingled
23 collateral that has been established by the bank or
24 investment manager for the purpose of pooling collateral
25 received for the loans of securities owned by substantially
26 all of the participants in such bank's or investment
27 manager's securities lending program. Nothing in Sections
28 1-109, 1-110 or 1-113 of this Act shall be construed to
29 prohibit the Fund's lending of securities in accordance with
30 this Section.
31 (Source: P.A. 86-1488.)
32 (40 ILCS 5/17-147) (from Ch. 108 1/2, par. 17-147)
33 Sec. 17-147. Custody of Fund fund - Bonds - Legal
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1 proceedings. The city treasurer, ex-officio, shall be the
2 custodian of the Fund fund, and shall secure and safely keep
3 it, subject to the control and direction of the Board board.
4 He shall keep his books and accounts concerning the Fund fund
5 in the manner prescribed by the Board board. The books and
6 accounts shall always be subject to the inspection of the
7 Board board or any member thereof. The city treasurer shall
8 be liable on his official bond for the proper performance of
9 his duties and the conservation of the Fund fund.
10 Payments from the Fund fund shall be made upon warrants
11 signed by the president and the secretary of the Board of
12 Education, the president of the Board of Trustees, and
13 countersigned by the executive director or by such person as
14 the Board of Trustees may designate from time to time by
15 appropriate resolution.
16 Neither the treasurer nor any other officer having the
17 custody of the Fund fund is entitled to retain any interest
18 accruing thereon, but such interest shall accrue and inure to
19 the benefit of such Fund fund, become a part thereof, subject
20 to the purposes of this Article.
21 Any legal proceedings necessary for the enforcement of
22 the provisions of this Article shall be brought by and in the
23 name of the Board of Trustees of the Fund fund.
24 (Source: P.A. 80-570.)
25 (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
26 Sec. 17-149. Cancellation of pensions.
27 If any person receiving a service or disability
28 retirement pension from the Fund fund is re-employed as a
29 teacher by an Employer the Board of Education, the pension
30 shall be cancelled on the date the re-employment begins, or
31 on the first day of a payroll period for which service credit
32 was validated, whichever is earlier. However, beginning
33 August 23, 1989, the pension shall not be cancelled in case
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1 of a service retirement pensioner who is temporarily
2 re-employed for not more than 100 days during any school year
3 or on an hourly basis, provided the pensioner does not
4 receive salary in any school year of an amount more than that
5 payable to a substitute teacher for 100 days' employment. A
6 service retirement pensioner who is temporarily re-employed
7 for not more than 100 days during any school year or on an
8 hourly basis shall be entitled, at the end of the school
9 year, to a refund of any contributions made to the Fund fund
10 during that school year.
11 If the pensioner does receive salary from an Employer the
12 Board of Education in any school year for more than 100 days'
13 employment, the pensioner shall be deemed to have returned to
14 service on the first day of employment as a
15 pensioner-substitute. The pensioner shall reimburse the Fund
16 fund for pension payments received after the return to
17 service and shall pay to the Fund fund the participant's
18 contributions prescribed in Section 17-130 of this Article.
19 If the date of re-employment occurs within 5 school
20 months after the date of previous retirement, exclusive of
21 any vacation period, the member shall be deemed to have been
22 out of service only temporarily and not permanently retired.
23 Such person shall be entitled to pension payments for the
24 time he could have been employed as a teacher and received
25 salary, but shall not be entitled to pension for or during
26 the summer vacation prior to his return to service.
27 When the member again retires on pension, the time of
28 service and the money contributed by him during re-employment
29 shall be added to the time and money previously credited.
30 Such person must acquire 3 consecutive years of additional
31 contributing service before he may retire again on a pension
32 at a rate and under conditions other than those in force or
33 attained at the time of his previous retirement.
34 Notwithstanding Sections 1-103.1 and 17-157, the changes
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1 to this Section made by this amendatory Act of 1997 shall
2 apply without regard to whether termination of service
3 occurred before the effective date of this amendatory Act and
4 shall apply retroactively to August 23, 1989.
5 (Source: P.A. 90-32, eff. 6-27-97.)
6 (40 ILCS 5/17-150) (from Ch. 108 1/2, par. 17-150)
7 Sec. 17-150. Suspension of pensions. Pension payments,
8 exclusive of those made to the survivors of persons who were
9 contributors, shall be suspended while the recipient is
10 employed in a teaching capacity, outside the City in which
11 the Fund fund exists, by any public school or charter school
12 in this State, unless the recipient is so employed
13 temporarily as a substitute teacher for 100 days or less in a
14 school year or on an hourly basis with earnings not in excess
15 of the sum payable for 100 days' substitute service.
16 (Source: P.A. 86-273; 87-794.)
17 (40 ILCS 5/17-151) (from Ch. 108 1/2, par. 17-151)
18 Sec. 17-151. Annuities, etc. - Exempt. All pensions,
19 annuities, refunds, or death benefits granted under the
20 provisions of this Article are exempt from State and
21 municipal taxes and are exempt from attachment or garnishment
22 process. They shall not be seized or levied upon by virtue of
23 any judgment or any process or proceedings issued out of or
24 by any court for the payment or satisfaction in whole or in
25 part of any debt, claim, damage, demand or judgment.
26 No pensioner has the right to transfer or assign his
27 pension or any part thereof by way of mortgage or otherwise
28 except for the purpose (1) of establishing and maintaining
29 membership in nonprofit group health or hospital plans
30 approved by the Board board and (2) of establishing a living
31 trust, the trustee of which is authorized to engage in the
32 trust business, provided all pension payments so assigned are
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1 required to be paid monthly to the trustor or, in the event
2 of his incapacity, expended for his benefit. The Board board
3 is hereby authorized to administer all the details involved
4 in establishing and maintaining membership in such health or
5 hospital plans for the benefit of the annuitants, but it
6 shall not be obligated to do so or to continue doing so, if
7 in its judgment such continuance is not desirable.
8 (Source: P.A. 84-546.)
9 (40 ILCS 5/17-153) (from Ch. 108 1/2, par. 17-153)
10 Sec. 17-153. Accounting - Audits. The assets of the Fund
11 fund shall be held for the express purposes set forth in the
12 provisions of this Article subject to the conditions
13 prescribed herein. An adequate system of accounts and records
14 shall be established and maintained that will give effect to
15 the requirements hereof. All assets of the Fund fund shall be
16 credited to designated reserve accounts according to the
17 purposes for which they are held.
18 Appropriate reserves shall be maintained representing
19 member contributions and other revenues accruing from taxes,
20 state appropriations and miscellaneous sources.
21 At the end of each fiscal year the Board board of
22 trustees shall have the accounts and records of the Fund fund
23 audited by certified public accountants selected by the Board
24 board. Within 2 weeks after receiving the audit report, the
25 Board board shall file a copy of the audit report with the
26 State Superintendent of Education and the Auditor General.
27 (Source: P.A. 82-581.)
28 (40 ILCS 5/17-154) (from Ch. 108 1/2, par. 17-154)
29 Sec. 17-154. Retired teachers supplementary payments.
30 All persons who were on June 30, 1975, entitled to a service
31 retirement pension or disability retirement pension, under
32 this Fund fund or any fund of which this Fund fund is a
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1 continuation, and who meet the conditions prescribed
2 hereinafter, shall receive supplementary payments as follows:
3 (1) In the case of any such retired person, who attained
4 or shall attain after June 30, 1975, the age of 60 years, who
5 was in receipt of a service retirement pension, the payment
6 pursuant to this section shall be an amount equal to the
7 difference between (a) his annual service retirement pension
8 from the Fund fund plus any annual payment received under the
9 provisions of Section 34-87 of "The School Code", approved
10 March 18, 1961, as amended, if the total of such amounts is
11 less than $4500 per year, and (b) an amount equal to $100 for
12 each year of validated teaching service forming the basis of
13 the service retirement pension up to a maximum of 45 years of
14 such service;
15 (2) In the case of any such retired person, who was in
16 receipt on June 30, 1975, of a disability retirement pension,
17 the payment shall be equal to the difference between (a) his
18 total annual disability retirement pension and (b) an amount
19 equal to $100 for each year of validated teaching service
20 forming the basis of the disability retirement pension.
21 (Source: P.A. 79-206.)
22 (40 ILCS 5/17-156) (from Ch. 108 1/2, par. 17-156)
23 Sec. 17-156. Retired Teachers Supplementary Payment
24 Fund.) A fund to be known as the Retired Teachers
25 Supplementary Payment Fund shall be established for the
26 purpose of making the supplementary payments for service and
27 disability retirement under Section 17-154.
28 1. This fund shall be credited with:
29 (a) the contributions made by retired persons to
30 establish their right to the supplementary payment;
31 (b) amounts appropriated by the State of Illinois for
32 the purpose of providing for the supplementary payment;
33 (c) any interest accruing to this fund.
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1 2. This fund shall be charged with all supplementary
2 payments as they are made.
3 3. All supplementary payments shall be paid in the order
4 that the payments become due and payable from the Retired
5 Teachers Supplementary Payment Fund. In the event that the
6 moneys in the fund are insufficient to make full
7 supplementary payments to all persons entitled thereto, a
8 proportionate amount, determined by the ratio of the moneys
9 available in the fund to the total supplementary payments
10 then due, shall be payable. Thereafter supplementary payments
11 shall cease and shall not be resumed until further funds are
12 made available for this purpose through appropriation by the
13 State of Illinois. After all supplementary payments to all
14 persons entitled thereto have been completed, any remaining
15 moneys in this fund shall be transferred to the Public School
16 Teachers' Pension and Retirement Fund established by this
17 Article; provided that, notwithstanding any provision of law
18 to the contrary, in the event such a transfer shall have been
19 made in prior biennia, and there is insufficient moneys
20 available in the supplementary payment fund to make full
21 statutory payments to persons entitled thereto in the current
22 biennium, the Public School Teachers' Pension and Retirement
23 Fund established by this Article may transfer back to the
24 supplemental payment fund moneys in an amount not exceeding
25 the amount so transferred to it at the close of prior
26 biennia.
27 4. Supplementary payments shall be suspended while the
28 recipient is employed by the City in which the fund exists,
29 by any other municipal corporation coterminous with the City
30 or by any public school or charter school in this State,
31 unless the recipient is so employed temporarily as a
32 substitute teacher for 100 days or less in a school year or
33 on an hourly basis with earnings not in excess of the sum
34 payable for 100 days' substitute service.
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1 5. The Retired Teachers Supplementary Payment Fund shall
2 be held and administered by the Public School Teachers'
3 Pension and Retirement Fund established by this Article.
4 (Source: P.A. 79-1055.)
5 (40 ILCS 5/17-158) (from Ch. 108 1/2, par. 17-158)
6 Sec. 17-158. Administrative review. The provisions of
7 the Administrative Review Law, and all amendments and
8 modifications thereof and the rules adopted pursuant thereto,
9 shall apply to and govern all proceedings for the judicial
10 review of final administrative decisions of the Board
11 retirement board provided for under this Article. The term
12 "administrative decision" is as defined in Section 3-101 of
13 the Code of Civil Procedure.
14 (Source: P.A. 82-783.)
15 Section 5. The School Code is amended by changing
16 Sections 1D-1, 2-3.64, 2-3.117, 2-3.120 (as added by Public
17 Act 90-463), 10-20.12b, 10-21.9, 14-15.01, 18-8, 22-23,
18 34-2.4b, 34-4.5, and 34-18.5 and adding Sections 2-3.109a,
19 2-3.122, 10-22.13a, 14-8.02b, 17-2.11b, and 27-20.6 as
20 follows:
21 (105 ILCS 5/1D-1)
22 Sec. 1D-1. Block grant funding.
23 (a) For fiscal year 1996 and each fiscal year
24 thereafter, the State Board of Education shall award to a
25 school district having a population exceeding 500,000
26 inhabitants a general education block grant and an
27 educational services block grant, determined as provided in
28 this Section, in lieu of distributing to the district
29 separate State funding for the programs described in
30 subsections (b) and (c). The provisions of this Section,
31 however, do not apply to any federal funds that the district
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1 is entitled to receive.
2 (b) The general education block grant shall include the
3 following programs: REI Initiative, Preschool At Risk, K-6
4 Comprehensive Arts, School Improvement Support, Urban
5 Education, Scientific Literacy, Substance Abuse Prevention,
6 Second Language Planning, Staff Development, Outcomes and
7 Assessment, K-6 Reading Improvement, Truants' Optional
8 Education, Hispanic Programs, Agriculture Education, Gifted
9 Education, Parental Education, Prevention Initiative, Report
10 Cards, and Criminal Background Investigations.
11 Notwithstanding any other provision of law, all amounts paid
12 under the general education block grant from State
13 appropriations to a school district in a city having a
14 population exceeding 500,000 inhabitants shall be
15 appropriated and expended by the board of that district for
16 any of the programs included in the block grant or any of the
17 board's lawful purposes.
18 (c) The educational services block grant shall include
19 the following programs: Bilingual, Regular and Vocational
20 Transportation, State Lunch and Free Breakfast Program,
21 Preschool At Risk, Special Education (Personnel,
22 Extraordinary, Transportation, Orphanage, Private Tuition),
23 Summer School, Educational Service Centers, and
24 Administrator's Academy. This subsection (c) does not
25 relieve the district of its obligation to provide the
26 services required under a program that is included within the
27 educational services block grant. It is the intention of the
28 General Assembly in enacting the provisions of this
29 subsection (c) to relieve the district of the administrative
30 burdens that impede efficiency and accompany single-program
31 funding. The General Assembly encourages the board to pursue
32 mandate waivers pursuant to Section 2-3.25g.
33 (d) For fiscal year 1996 and each fiscal year
34 thereafter, the amount of the district's block grants shall
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1 be determined as follows: (i) with respect to each program
2 that is included within each block grant, the district shall
3 receive an amount equal to the same percentage of the current
4 fiscal year appropriation made for that program as the
5 percentage of the appropriation received by the district from
6 the 1995 fiscal year appropriation made for that program, and
7 (ii) the total amount that is due the district under the
8 block grant shall be the aggregate of the amounts that the
9 district is entitled to receive for the fiscal year with
10 respect to each program that is included within the block
11 grant that the State Board of Education shall award the
12 district under this Section for that fiscal year.
13 (e) The district is not required to file any application
14 or other claim in order to receive the block grants to which
15 it is entitled under this Section. The State Board of
16 Education shall make payments to the district of amounts due
17 under the district's block grants on a schedule determined by
18 the State Board of Education.
19 (f) A school district to which this Section applies
20 shall report to the State Board of Education on its use of
21 the block grants in such form and detail as the State Board
22 of Education may specify.
23 (g) This paragraph provides for the treatment of block
24 grants under Article 1C for purposes of calculating the
25 amount of block grants for a district under this Section.
26 Those block grants under Article IC are, for this purpose,
27 treated as included in the amount of appropriation for the
28 various programs set forth in paragraph (b) above. The
29 appropriation in each current fiscal year for each block
30 grant under Article 1C shall be treated for these purposes as
31 appropriations for the individual program included in that
32 block grant. The proportion of each block grant so allocated
33 to each such program included in it shall be the proportion
34 which the appropriation for that program was of all
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1 appropriations for such purposes now in that block grant, in
2 fiscal 1995.
3 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
4 (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
5 Sec. 2-3.64. State goals and assessment.
6 (a) Beginning in the 1992-93 school year, the State
7 Board of Education shall establish standards and annually,
8 through the 1997-1998 school year, assess the performance
9 of: (i) all pupils enrolled in the 3rd, 6th, 8th, and 10th
10 grades in language arts (reading and writing) and
11 mathematics; and (ii) all pupils enrolled in the 4th, 7th,
12 and 11th grades in the biological, physical, and social
13 sciences. Beginning in the 1998-1999 1995-96 school year,
14 the State Board of Education shall establish standards and
15 periodically, in collaboration with local school districts,
16 conduct, through the 1997-1998 school year, studies of
17 student performance in the learning areas of fine arts and
18 physical development/health. Beginning with the 1998-1999
19 school year, the State Board of Education shall annually
20 assess the performance of: (i) all pupils enrolled in the
21 3rd, and 5th, 8th, and 10th grades in English language arts
22 (reading and writing) the basic subjects of reading, writing,
23 and mathematics; and (ii) all pupils enrolled in the 4th,
24 7th, and 11th grades in the biological and physical sciences
25 and the social sciences. The State Board of Education shall
26 establish, in final form and within one year after the
27 effective date of this amendatory Act of 1996, the academic
28 standards that are to be applicable to pupils who are subject
29 to State assessment under this Section beginning with the
30 1998-1999 school year. However, the State Board of Education
31 shall not establish any such standards in final form without
32 first providing opportunities for public participation and
33 local input in the development of the final academic
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1 standards. Those opportunities shall include a
2 well-publicized period of public comment, public hearings
3 throughout the State, and opportunities to file written
4 comments. Beginning with the 1998-99 school year and
5 thereafter, the State assessment will identify pupils in the
6 3rd grade or 5th grade who do not meet the State standards.
7 If, by performance on the State assessment tests or local
8 assessments or by teacher judgment, a student's performance
9 is determined to be judgement, demonstrate a proficiency
10 level comparable to the average pupil performance 2 or more
11 grades below current placement, the student shall be provided
12 a remediation program developed by the district in
13 consultation with a parent or guardian. Such remediation
14 programs may include, but shall not be limited to, increased
15 or concentrated instructional time, a remedial summer school
16 program of not less than 90 hours, improved instructional
17 approaches, tutorial sessions, retention in grade, and
18 modifications to instructional materials. Each pupil for whom
19 a remediation program is developed under this subsection
20 shall be required to enroll in and attend whatever program
21 the district determines is appropriate for the pupil.
22 Districts may combine students in remediation programs where
23 appropriate and may cooperate with other districts in the
24 design and delivery of those programs. The parent or
25 guardian of a student required to attend a remediation
26 program under this Section shall be given written notice of
27 that requirement by the school district a reasonable time
28 prior to commencement of the remediation program that the
29 student is to attend. The State shall be responsible for
30 providing school districts with the new and additional
31 funding, under Section 2-3.51.5 or by other or additional
32 means, that is required to enable the districts to operate
33 remediation programs for the pupils who are required to
34 enroll in and attend those programs under this Section. Every
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1 individualized educational program as described in Article 14
2 shall identify if the State test or components thereof are
3 appropriate for that student. For those pupils for whom the
4 State test or components thereof are not appropriate, the
5 State Board of Education shall develop rules and regulations
6 governing the administration of alternative assessments
7 prescribed within each student's individualized educational
8 program which are appropriate to the disability of each
9 student. All pupils who are in a State approved transitional
10 bilingual education program or transitional program of
11 instruction shall participate in the State assessment. Any
12 student who has been enrolled in a State approved bilingual
13 education program less than 3 academic years shall be
14 exempted if the student's lack of English as determined by an
15 English language proficiency test would keep the student from
16 understanding the test, and that student's district shall
17 have an alternative assessment program in place for that
18 student. The State Board of Education shall appoint a task
19 force of concerned parents, teachers, school administrators
20 and other professionals to assist in identifying such
21 alternative assessment programs. Reasonable accommodations as
22 prescribed by the State Board of Education shall be provided
23 for individual students in the assessment procedure. All
24 assessment procedures prescribed by the State Board of
25 Education shall require: (i) that each test used for State
26 and local student assessment testing under this Section
27 identify by name the pupil taking the test; (ii) that the
28 name of the pupil taking the test be placed on the test at
29 the time the test is taken; (iii) that the results or scores
30 of each test taken under this Section by a pupil of the
31 school district be reported to that district and identify by
32 name the pupil who received the reported results or of
33 scores; and (iv) that the results or scores of each test
34 taken under this Section be made available to the parents of
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1 the pupil. In addition, beginning with the 1998-1999 school
2 year and in each school year thereafter, all scores received
3 by a student on the Illinois Goals and Assessment Program
4 tests administered in grades 10 and 11 by the State Board of
5 Education under this Section and, beginning with the
6 1999-2000 school year and in each school year thereafter, the
7 scores received by a student on the Prairie State Achievement
8 Examination administered under subsection (c) of this Section
9 shall become part of the student's permanent record and shall
10 be entered therein pursuant to regulations that the State
11 Board of Education shall promulgate for that purpose in
12 accordance with Section 3 and subsection (e) of Section 2 of
13 the Illinois School Student Records Act. Scores received by
14 students on the Illinois Goals and Assessment Program tests
15 administered in other grades shall be placed into students'
16 temporary records. Except as provided in subsection (c) of
17 this Section, the State Board of Education shall establish a
18 common month in each school year for which State testing
19 shall occur to meet the objectives of this Section. However,
20 if the schools of a district are closed and classes are not
21 scheduled during any week that is established by the State
22 Board of Education as the week of the month when State
23 testing under this Section shall occur, the school district
24 may administer the required State testing at any time up to 2
25 weeks following the week established by the State Board of
26 Education for the testing, so long as the school district
27 gives the State Board of Education written notice of its
28 intention to deviate from the established schedule by January
29 2 of the year in which falls the week established by the
30 State Board of Education for the testing. The maximum time
31 allowed for all actual testing required under this subsection
32 during the school year shall not exceed 25 hours as allocated
33 among the required tests by the State Board of Education.
34 (a-5) Any IGAP test administered pursuant to this
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1 Section shall be academically based. The State Board of
2 Education shall review the current assessment testing
3 schedule applicable under subsection (a) on the effective
4 date of this amendatory Act of 1996 and submit a plan to the
5 General Assembly, on or before December 31, 1996, to increase
6 the effectiveness of the State assessment tests administered
7 under that subsection with respect to student diagnosis and
8 to reduce the amount of classroom time spent administering
9 those tests. The General Assembly may enact the
10 recommendations made by the State Board of Education to
11 maximize effectiveness and minimize the hours and grade
12 levels of testing.
13 (b) It shall be the policy of the State to encourage
14 school districts to continuously assess pupil proficiency in
15 the fundamental learning areas in order to: (i) provide
16 timely information on individual students' performance
17 relative to State standards that is adequate to guide
18 instructional strategies; (ii) improve future instruction;
19 and (iii) complement the information provided by the State
20 assessment system described in this Section. Each district's
21 school improvement plan must address specific activities the
22 district intends to implement to assist pupils who by teacher
23 judgment judgement and assessment results as prescribed in
24 subsection (a) of this Section demonstrate that they are not
25 meeting State goals or local objectives. Such activities may
26 include, but shall not be limited to, summer school, extended
27 school day, special homework, tutorial sessions, modified
28 instructional materials, other modifications in the
29 instructional program, reduced class size or retention in
30 grade. To assist school districts in assessing pupil
31 proficiency in reading in the primary grades, the State Board
32 shall make optional reading inventories for diagnostic
33 purposes available to each school district that requests such
34 assistance. Districts that administer the reading
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1 inventories may develop remediation programs for students who
2 perform in the bottom half of the student population. Those
3 remediation programs may be funded by moneys provided under
4 the School Safety and Educational Improvement Block Grant
5 Program established under Section 2-3.51.5. Nothing in this
6 Section shall prevent school districts from implementing
7 testing and remediation policies for grades not required
8 under this Section.
9 (c) Beginning with the 1999-2000 school year, each
10 school district that operates a high school program for
11 students in grades 9 through 12 shall annually administer the
12 a Prairie State Achievement Examination established under
13 this subsection to its 12th grade students as set forth below
14 each year to its 12th grade students. The Prairie State
15 Achievement Examination shall be developed by the State Board
16 of Education to measure student performance in the 5
17 fundamental academic areas of reading, writing, mathematics,
18 science, and social sciences studies. The State Board of
19 Education shall establish the academic standards that are to
20 apply in measuring student performance on the Prairie State
21 Achievement Examination in those 5 fundamental academic
22 areas, including the minimum composite examination score and
23 the minimum score in each area that, taken together, will
24 qualify a student to for purposes of this Section as a score
25 that is excellent. A student whose score on the Prairie State
26 Achievement Examination is determined to be excellent by the
27 State Board of Education shall receive the Prairie State
28 Achievement Award from the State in recognition of the
29 student's excellent performance. Each school district that is
30 subject to the requirements of this subsection (c) shall
31 afford a graduating student 2 opportunities to take the
32 Prairie State Achievement Examination during the semester in
33 which the student will graduate. The State Board of
34 Education shall annually notify districts of the weeks during
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1 which these test administrations shall be required to occur.
2 Each 12th grade student, exclusive of a student whose
3 individualized educational program developed under Article 14
4 identifies does not identify the Prairie State Achievement
5 Examination as inappropriate appropriate for the student,
6 shall be required to take the examination in the final
7 semester before his or her graduation. Score reports for
8 each fundamental academic area shall indicate the score that
9 qualifies as an excellent score on that portion of the
10 examination. Any student who attains a satisfactory
11 composite score but who fails to earn a qualifying score in
12 any one or more of the fundamental academic areas on the
13 initial test administration for the semester during which the
14 student will graduate from high school shall be permitted to
15 retake such portion or portions of the examination during the
16 second test of that semester. Districts shall inform their
17 students of the timelines and procedures applicable to their
18 optional participation in such additional administrations of
19 the Prairie State Achievement Examination., which each school
20 district shall administer to its 12th grade students in
21 January of each school year. The Prairie State Achievement
22 Examination shall be administered by each school district a
23 second time, in March of each school year, for those 12th
24 grade students who fail to receive a score on the January
25 examination that would qualify them to receive the Prairie
26 State Achievement Award and who elect to take the March
27 examination for the purpose of attempting to earn a score
28 that will qualify them to receive that award. Students who
29 will graduate from high school before entering grade 12 shall
30 take the Prairie State Achievement Examination during the
31 school year in which they will graduate from high school.
32 Students receiving special education services whose
33 individualized educational programs do not identify the
34 Prairie State Achievement Examination as inappropriate
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1 appropriate for them nevertheless shall have the option of
2 taking the examination, which shall be administered to those
3 students in accordance with standards adopted by the State
4 Board of Education to accommodate the respective disabilities
5 of those students. A student who successfully completes all
6 other applicable high school graduation requirements but
7 fails to receive a score on the Prairie State Achievement
8 Examination that qualifies the student for receipt of the
9 Prairie State Achievement Award shall nevertheless qualify
10 for the receipt of a regular high school diploma.
11 (Source: P.A. 88-192; 88-227; 88-670, eff. 12-2-94; 88-686,
12 eff. 1-24-95; 89-610, eff. 8-6-96.)
13 (105 ILCS 5/2-3.109a new)
14 Sec. 2-3.109a. Laboratory schools grant eligibility. A
15 laboratory school as defined in Section 18-8 may apply for
16 and be eligible to receive, subject to the same restrictions
17 applicable to school districts, any grant administered by the
18 State Board of Education that is available for school
19 districts.
20 (105 ILCS 5/2-3.117)
21 Sec. 2-3.117. School Technology Program.
22 (a) The State Board of Education is authorized to
23 provide technology-based learning resources, including
24 matching grants, to school districts to improve educational
25 opportunities and student achievement throughout the State.
26 School districts may use grants for technology-related
27 investments, including computer hardware, software, optical
28 media networks, and related wiring, to educate staff to use
29 that equipment in a learning context, and for other items
30 defined under rules adopted by the State Board of Education.
31 (b) The State Board of Education is authorized, to the
32 extent funds are available, to establish a statewide support
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1 system for information, professional development, technical
2 assistance, network design consultation, leadership,
3 technology planning consultation, and information exchange;
4 to expand school district connectivity; and to increase the
5 quantity and quality of student and educator access to
6 on-line resources, experts, and communications avenues from
7 moneys appropriated for the purposes of this Section.
8 (b-5) The State Board of Education may enter into
9 intergovernmental contracts or agreements with other State
10 agencies, public community colleges, public libraries, public
11 and private colleges and universities, museums on public
12 land, and other public agencies in the areas of technology,
13 telecommunications, and information access, under such terms
14 as the parties may agree, provided that those contracts and
15 agreements are in compliance with the Department of Central
16 Management Services' mandate to provide telecommunications
17 services to all State agencies.
18 (c) The State Board of Education shall adopt all rules
19 necessary for the administration of the School Technology
20 Program, including but not limited to rules defining the
21 technology-related investments that qualify for funding, the
22 content of grant applications and reports, and the
23 requirements for the local match.
24 (d) The State Board of Education may establish by rule
25 provisions to waive the local matching requirement for school
26 districts determined unable to finance the local match.
27 (Source: P.A. 89-21, eff. 7-1-95; 90-388, eff. 8-15-97.)
28 (105 ILCS 5/2-3.120)
29 Sec. 2-3.120. Non-Public school students' access to
30 technology.
31 (a) The General Assembly finds and declares that the
32 Constitution of the State of Illinois provides that a
33 "fundamental goal of the People of the State is the
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1 educational development of all persons to the limit of their
2 capacities", and that the educational development of every
3 elementary and secondary school student serves the public
4 purposes of the State. In order to enable Illinois students
5 to leave school with the basic skills and knowledge that will
6 enable them to find and hold jobs and otherwise function as
7 productive members of society in the 21st Century, all
8 students must have access to the vast educational resources
9 provided by computers. The provisions of this Section are in
10 the public interest, for the public benefit, and serve a
11 secular public purpose.
12 (b) The State Board of Education shall provide
13 non-public schools with ports to the Board's statewide
14 educational network, provided that this access does not
15 diminish the services available to public schools and
16 students. The State Board of Education shall charge for this
17 access in an amount necessary to offset its cost. Amounts
18 received by the State Board of Education under this Section
19 shall be deposited in the School Technology Revolving Fund as
20 described in Section 2-3.121. The statewide network may be
21 used only for secular educational purposes.
22 (c) For purposes of this Section, a non-public school
23 means: (i) any non-profit, non-public college; or (ii) any
24 non-profit, non-home-based, non-public elementary or
25 secondary school that is in compliance with Title VI of the
26 Civil Rights Act of 1964, and attendance at which satisfies
27 the requirements of Section 26-1 of the School Code.
28 (Source: P.A. 90-463, eff. 8-17-97.)
29 (105 ILCS 5/2-3.122 new)
30 Sec. 2-3.122. Dissection alternatives. The State Board
31 of Education shall make available to school districts sources
32 of information concerning alternatives to the dissection of
33 animals. Such information may include, but need not be
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1 limited to, names, addresses, and contact personnel of
2 organizations that offer free instructional and teaching
3 materials as alternatives to dissection.
4 (105 ILCS 5/10-20.12b)
5 Sec. 10-20.12b. Residency; payment of tuition; hearing;
6 criminal penalty.
7 (a) For purposes of this Section:
8 (1) The residence of a person who has legal custody
9 of a pupil is deemed to be the residence of the pupil.
10 (2) "Legal custody" means one of the following:
11 (i) Custody exercised by a natural or adoptive
12 parent with whom the pupil resides.
13 (ii) Custody granted by order of a court of
14 competent jurisdiction to a person with whom the
15 pupil resides for reasons other than to have access
16 to the educational programs of the district.
17 (iii) Custody exercised under a statutory
18 short-term guardianship, provided that within 60
19 days of the pupil's enrollment a court order is
20 entered that establishes a permanent guardianship
21 and grants custody to a person with whom the pupil
22 resides for reasons other than to have access to the
23 educational programs of the district.
24 (iv) Custody exercised by an adult caretaker
25 relative who is receiving aid under the Illinois
26 Public Aid Code for the pupil who resides with that
27 adult caretaker relative for purposes other than to
28 have access to the educational programs of the
29 district.
30 (v) Custody exercised by an adult who
31 demonstrates that, in fact, he or she has assumed
32 and exercises legal responsibility for the pupil and
33 provides the pupil with a regular fixed night-time
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1 abode for purposes other than to have access to the
2 educational programs of the district.
3 (b) Except as otherwise provided under Section 10-22.5a,
4 only resident pupils of a school district may attend the
5 schools of the district without payment of the tuition
6 required to be charged under Section 10-20.12a. However,
7 children for whom the Guardianship Administrator of the
8 Department of Children and Family Services has been appointed
9 temporary custodian or guardian of the person of a child
10 shall not be charged tuition as a nonresident pupil if the
11 child was placed by the Department of Children and Family
12 Services with a foster parent or placed in another type of
13 child care facility and the foster parent or child care
14 facility is located in a school district other than the
15 child's former school district and it is determined by the
16 Department of Children and Family Services to be in the
17 child's best interest to maintain attendance at his or her
18 former school district.
19 (c) The provisions of this subsection do not apply in
20 school districts having a population of 500,000 or more. If a
21 school board in a school district with a population of less
22 than 500,000 determines that a pupil who is attending school
23 in the district on a tuition free basis is a nonresident of
24 the district for whom tuition is required to be charged under
25 Section 10-20.12a, the board shall notify the person who
26 enrolled the pupil of the amount of the tuition charged under
27 Section 10-20.12a that is due to the district for the
28 nonresident pupil's attendance in the district's schools.
29 The notice shall be given by certified mail, return receipt
30 requested. Within 10 days after receipt of the notice, the
31 person who enrolled the pupil may request a hearing to review
32 the determination of the school board. The request shall be
33 sent by certified mail, return receipt requested, to the
34 district superintendent. Within 10 days after receipt of the
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1 request, the board shall notify, by certified mail, return
2 receipt requested, the person requesting the hearing of the
3 time and place of the hearing, which shall be held not less
4 than 10 nor more than 20 days after the notice of hearing is
5 given. The board or a hearing officer designated by the
6 board shall conduct the hearing. The board and the person
7 who enrolled the pupil may be represented at the hearing by
8 representatives of their choice. At the hearing, the person
9 who enrolled the pupil shall have the burden of going forward
10 with the evidence concerning the pupil's residency. If the
11 hearing is conducted by a hearing officer, the hearing
12 officer, within 5 days after the conclusion of the hearing,
13 shall send a written report of his or her findings by
14 certified mail, return receipt requested, to the school board
15 and to the person who enrolled the pupil. The person who
16 enrolled the pupil may, within 5 days after receiving the
17 findings, file written objections to the findings with the
18 school board by sending the objections by certified mail,
19 return receipt requested, addressed to the district
20 superintendent. Whether the hearing is conducted by the
21 school board or a hearing officer, the school board shall,
22 within 15 days after the conclusion of the hearing, decide
23 whether or not the pupil is a resident of the district and
24 the amount of any tuition required to be charged under
25 Section 10-20.12a as a result of the pupil's attendance in
26 the schools of the district. The school board shall send a
27 copy of its decision to the person who enrolled the pupil,
28 and the decision of the school board shall be final.
29 (c-5) The provisions of this subsection apply only in
30 school districts having a population of 500,000 or more. If
31 the board of education of a school district with a population
32 of 500,000 or more determines that a pupil who is attending
33 school in the district on a tuition free basis is a
34 nonresident of the district for whom tuition is required to
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1 be charged under Section 10-20.12a, the board shall notify
2 the person who enrolled the pupil of the amount of the
3 tuition charged under Section 10-20.12a that is due to the
4 district for the nonresident pupil's attendance in the
5 district's schools. The notice shall be given by certified
6 mail, return receipt requested. Within 10 days after receipt
7 of the notice, the person who enrolled the pupil may request
8 a hearing to review the determination of the school board.
9 The request shall be sent by certified mail, return receipt
10 requested, to the district superintendent. Within 30 days
11 after receipt of the request, the board shall notify, by
12 certified mail, return receipt requested, the person
13 requesting the hearing of the time and place of the hearing,
14 which shall be held not less than 10 nor more than 30 days
15 after the notice of hearing is given. The board or a hearing
16 officer designated by the board shall conduct the hearing.
17 The board and the person who enrolled the pupil may each be
18 represented at the hearing by a representative of their
19 choice. At the hearing, the person who enrolled the pupil
20 shall have the burden of going forward with the evidence
21 concerning the pupil's residency. If the hearing is
22 conducted by a hearing officer, the hearing officer, within
23 20 days after the conclusion of the hearing, shall serve a
24 written report of his or her findings by personal service or
25 by certified mail, return receipt requested, to the school
26 board and to the person who enrolled the pupil. The person
27 who enrolled the pupil may, within 10 days after receiving
28 the findings, file written objections to the findings with
29 the board of education by sending the objections by certified
30 mail, return receipt requested, addressed to the general
31 superintendent of schools. If the hearing is conducted by
32 the board of education, the board shall, within 45 days after
33 the conclusion of the hearing, decide whether or not the
34 pupil is a resident of the district and the amount of any
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1 tuition required to be charged under Section 10-20.12a as a
2 result of the pupil's attendance in the schools of the
3 district. If the hearing is conducted by a hearing officer,
4 the board of education shall, within 45 days after the
5 receipt of the hearing officer's findings, decide whether or
6 not the pupil is a resident of the district and the amount of
7 any tuition required to be charged under Section 10-20.12a as
8 a result of the pupil's attendance in the schools of the
9 district. The board of education shall send, by certified
10 mail, return receipt requested, a copy of its decision to the
11 person who enrolled the pupil, and the decision of the board
12 shall be final.
13 (d) If a hearing is requested under subsection (c) or
14 (c-5) to review the determination of the school board or
15 board of education board's determination that a nonresident
16 pupil is attending the schools of the district without
17 payment of the tuition required to be charged under Section
18 10-20.12a, the pupil may, at the request of a person who
19 enrolled the pupil, continue attendance at the schools of the
20 district pending a final decision of the school board
21 following the hearing. However, attendance of that pupil in
22 the schools of the district as authorized by this subsection
23 (d) shall not relieve any person who enrolled the pupil of
24 the obligation to pay the tuition charged for that attendance
25 under Section 10-20.12a if the final decision of the school
26 board is that the pupil is a nonresident of the district. If
27 a pupil is determined to be a nonresident of the district for
28 whom tuition is required to be charged pursuant to this
29 Section, the school board shall refuse to permit the pupil to
30 continue attending the schools of the district unless the
31 required tuition is paid for the pupil.
32 (e) Except for a pupil referred to in subsection (b) of
33 Section 10-22.5a, a pupil referred to in Section 10-20.12a,
34 or a pupil referred to in subsection (b) of this Section, a
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1 person who knowingly enrolls or attempts to enroll in the
2 schools of a school district on a tuition free basis a pupil
3 known by that person to be a nonresident of the district
4 shall be guilty of a Class C misdemeanor.
5 (f) A person who knowingly or wilfully presents to any
6 school district any false information regarding the residency
7 of a pupil for the purpose of enabling that pupil to attend
8 any school in that district without the payment of a
9 nonresident tuition charge shall be guilty of a Class C
10 misdemeanor.
11 (g) The provisions of this Section are subject to the
12 provisions of the Education for Homeless Children Act.
13 Nothing in this Section shall be construed to apply to or
14 require the payment of tuition by a parent or guardian of a
15 "homeless child" (as that term is defined in Section 1-5 of
16 the Education for Homeless Children Act) in connection with
17 or as a result of the homeless child's continued education or
18 enrollment in a school that is chosen in accordance with any
19 of the options provided in Section 1-10 of that Act.
20 (Source: P.A. 89-480, eff. 1-1-97.)
21 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
22 Sec. 10-21.9. Criminal background investigations.
23 (a) After August 1, 1985, certified and noncertified
24 applicants for employment with a school district, except
25 school bus driver applicants, are required as a condition of
26 employment to authorize an investigation to determine if such
27 applicants have been convicted of any of the enumerated
28 criminal or drug offenses in subsection (c) of this Section.
29 Authorization for the investigation shall be furnished by the
30 applicant to the school district, except that if the
31 applicant is a substitute teacher seeking employment in more
32 than one school district, a teacher seeking concurrent
33 part-time employment positions with more than one school
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1 district (as a reading specialist, special education teacher
2 or otherwise), or an educational support personnel employee
3 seeking employment positions with more than one district, any
4 such district may require the applicant to furnish
5 authorization for the investigation to the regional
6 superintendent of the educational service region in which are
7 located the school districts in which the applicant is
8 seeking employment as a substitute or concurrent part-time
9 teacher or concurrent educational support personnel employee.
10 Upon receipt of this authorization, the school district or
11 the appropriate regional superintendent, as the case may be,
12 shall submit the applicant's name, sex, race, date of birth
13 and social security number to the Department of State Police
14 on forms prescribed by the Department. The regional
15 superintendent submitting the requisite information to the
16 Department of State Police shall promptly notify the school
17 districts in which the applicant is seeking employment as a
18 substitute or concurrent part-time teacher or concurrent
19 educational support personnel employee that the investigation
20 of the applicant has been requested. The Department of State
21 Police shall conduct an investigation to ascertain if the
22 applicant being considered for employment has been convicted
23 of any of the enumerated criminal or drug offenses in
24 subsection (c). The Department shall charge the school
25 district or the appropriate regional superintendent a fee for
26 conducting such investigation, which fee shall be deposited
27 in the State Police Services Fund and shall not exceed the
28 cost of the inquiry; and the applicant shall not be charged a
29 fee for such investigation by the school district or by the
30 regional superintendent. The regional superintendent may
31 seek reimbursement from the State Board of Education or the
32 appropriate school district or districts for fees paid by the
33 regional superintendent to the Department for the criminal
34 background investigations required by this Section.
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1 (b) The Department shall furnish, pursuant to positive
2 identification, records of convictions, until expunged, to
3 the president of the school board for the school district
4 which requested the investigation, or to the regional
5 superintendent who requested the investigation. Any
6 information concerning the record of convictions obtained by
7 the president of the school board or the regional
8 superintendent shall be confidential and may only be
9 transmitted to the superintendent of the school district or
10 his designee, the appropriate regional superintendent if the
11 investigation was requested by the school district, the
12 presidents of the appropriate school boards if the
13 investigation was requested from the Department of State
14 Police by the regional superintendent, the State
15 Superintendent of Education, the State Teacher Certification
16 Board or any other person necessary to the decision of hiring
17 the applicant for employment. A copy of the record of
18 convictions obtained from the Department of State Police
19 shall be provided to the applicant for employment. If an
20 investigation of an applicant for employment as a substitute
21 or concurrent part-time teacher or concurrent educational
22 support personnel employee in more than one school district
23 was requested by the regional superintendent, and the
24 Department of State Police upon investigation ascertains that
25 the applicant has not been convicted of any of the enumerated
26 criminal or drug offenses in subsection (c) and so notifies
27 the regional superintendent, then the regional superintendent
28 shall issue to the applicant a certificate evidencing that as
29 of the date specified by the Department of State Police the
30 applicant has not been convicted of any of the enumerated
31 criminal or drug offenses in subsection (c). The school
32 board of any school district located in the educational
33 service region served by the regional superintendent who
34 issues such a certificate to an applicant for employment as a
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1 substitute teacher in more than one such district may rely on
2 the certificate issued by the regional superintendent to that
3 applicant, or may initiate its own investigation of the
4 applicant through the Department of State Police as provided
5 in subsection (a). Any person who releases any confidential
6 information concerning any criminal convictions of an
7 applicant for employment shall be guilty of a Class A
8 misdemeanor, unless the release of such information is
9 authorized by this Section.
10 (c) No school board shall knowingly employ a person who
11 has been convicted for committing attempted first degree
12 murder or for committing or attempting to commit first degree
13 murder or a Class X felony or any one or more of the
14 following offenses: (i) those defined in Sections 11-6, 11-9,
15 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
16 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
17 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
18 in the "Cannabis Control Act" except those defined in
19 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
20 in the "Illinois Controlled Substances Act"; and (iv) any
21 offense committed or attempted in any other state or against
22 the laws of the United States, which if committed or
23 attempted in this State, would have been punishable as one or
24 more of the foregoing offenses. Further, no school board
25 shall knowingly employ a person who has been found to be the
26 perpetrator of sexual or physical abuse of any minor under 18
27 years of age pursuant to proceedings under Article II of the
28 Juvenile Court Act of 1987.
29 (d) No school board shall knowingly employ a person for
30 whom a criminal background investigation has not been
31 initiated.
32 (e) Upon receipt of the record of a conviction of or a
33 finding of child abuse by a holder of any certificate issued
34 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
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1 School Code, the appropriate regional superintendent of
2 schools or the State Superintendent of Education shall
3 initiate the certificate suspension and revocation
4 proceedings authorized by law.
5 (f) After January 1, 1990 the provisions of this Section
6 shall apply to all employees of persons or firms holding
7 contracts with any school district including, but not limited
8 to, food service workers, school bus drivers and other
9 transportation employees, who have direct, daily contact with
10 the pupils of any school in such district. For purposes of
11 criminal background investigations on employees of persons or
12 firms holding contracts with more than one school district
13 and assigned to more than one school district, the regional
14 superintendent of the educational service region in which the
15 contracting school districts are located may, at the request
16 of any such school district, be responsible for receiving the
17 authorization for investigation prepared by each such
18 employee and submitting the same to the Department of State
19 Police. Any information concerning the record of conviction
20 of any such employee obtained by the regional superintendent
21 shall be promptly reported to the president of the
22 appropriate school board or school boards.
23 (Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95;
24 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)
25 (105 ILCS 5/10-22.13a new)
26 Sec. 10-22.13a. Zoning changes, variations, and special
27 uses for school district property. To seek zoning changes,
28 variations, or special uses for property held or controlled
29 by the school district.
30 (105 ILCS 5/14-8.02b new)
31 Sec. 14-8.02b. Expedited Hearings. Unless otherwise
32 provided by this Section, the provisions of Section 14-8.02a
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1 are applicable to this Section. The State Board of
2 Education shall provide for the conduct of expedited hearings
3 in accordance with the Individuals with Disabilities
4 Education Act, Public Law 105-17, 20 USC Sections 1400 et
5 seq. (hereafter IDEA).
6 An expedited hearing may be requested by:
7 (i) a parent or guardian or student if the student
8 is at least 18 years of age or emancipated, if there is a
9 disagreement with regard to a determination that the
10 student's behavior was not a manifestation of the
11 student's disability, or if there is a disagreement
12 regarding the district's decision to move the student to
13 an interim alternative educational setting for a weapon
14 and drug violation as defined by IDEA pursuant to Section
15 615 (k)(1)(A)(ii); and
16 (ii) a school district, if school personnel maintain
17 that it is dangerous for the student to be in the current
18 placement (i.e. placement prior to removal to the interim
19 alternative education setting) during the pendency of a
20 due process hearing pursuant to Section 615(K)(F) of
21 IDEA.
22 A school district shall make a request in writing to the
23 State Board of Education and promptly mail a copy of the
24 request to the parents or guardian of the student at the last
25 known address of the parents or guardian. A request made by
26 the parent, guardian, or student shall be made in writing to
27 the superintendent of the school district in which the
28 student resides, who shall forward the request to the State
29 Board of Education within one day of receipt of the request.
30 Upon receipt of the request, the State Board of Education
31 shall appoint a due process hearing officer using a rotating
32 appointment system and shall notify the hearing officer of
33 his or her appointment.
34 A request for an expedited hearing initiated by a
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1 district for the sole purpose of moving a student from his or
2 her current placement to an interim alternative educational
3 setting because of dangerous misconduct must be accompanied
4 by all documentation that substantiates the district's
5 position that maintaining the student in his or her current
6 placement is substantially likely to result in injury to the
7 student or to others. Also, the documentation shall include
8 (1) whether the district is represented by legal counsel or
9 intends to retain legal counsel; (2) the matters the
10 district believes to be in dispute in the case and the
11 specific relief being sought; and (3) the names of all
12 witnesses the district intends to call to testify at the
13 hearing.
14 An expedited hearing requested by the student's parent or
15 guardian to challenge the removal of the student from his or
16 her current placement to an interim alternative educational
17 setting or a manifestation determination made by the district
18 as described in IDEA shall include a written statement as to
19 the reason the parent or guardian believes that the action
20 taken by the district is not supported by substantial
21 evidence and all relevant documentation in the parent's or
22 guardian's possession. Also, the documentation shall include
23 (1) whether the parent or guardian is represented by legal
24 counsel or intends to retain legal counsel; (2) the matters
25 the parent or guardian believes to be in dispute in the case
26 and the specific relief being sought; and (3) the names of
27 all witnesses the parent or guardian intends to call to
28 testify at the hearing.
29 The hearing officer shall not initiate or participate in
30 any ex parte communications with the parties, except to
31 arrange the date, time, and location of the expedited
32 hearing. The hearing officer shall contact the parties one
33 day after appointment and set a hearing date which shall be
34 no later than 4 days after contacting parties. The hearing
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1 officer shall disclose and provide to each party any evidence
2 which is intended to be submitted into the hearing record no
3 later than 2 days before the hearing. The length of the
4 hearing shall not exceed 2 days unless good cause is shown.
5 Any party to the hearing shall have the right to (1) be
6 represented by counsel and be accompanied and advised by
7 individuals with special knowledge or training with respect
8 to the problems of children with disabilities, at the party's
9 own expense; (2) present evidence and confront and
10 cross-examine witnesses; (3) move for the exclusion of
11 witnesses from the hearing until they are called to testify,
12 provided, however, that this provision may not be invoked to
13 exclude the individual designated by a party to assist that
14 party or its representative in the presentation of the case;
15 (4) in accord with the provisions of subsection (g) of
16 Section 14-8.02a, obtain a written or electronic verbatim
17 record of the proceedings; and (5) obtain a written decision,
18 including findings of fact and conclusions of law, within 2
19 days after the conclusion of the hearing.
20 The State Board of Education and the school district
21 shall share equally the costs of providing a written or
22 electronic verbatim record of the proceedings. Any party may
23 request that the hearing officer issue a subpoena to compel
24 the testimony of witnesses or the production of documents
25 relevant to the resolution of the hearing. Whenever a person
26 refuses to comply with any subpoena issued under this
27 Section, the circuit court of the county in which that
28 hearing is pending, on application of the impartial hearing
29 officer or the party requesting the issuance of the subpoena,
30 may compel compliance through the contempt powers of the
31 court in the same manner as if the requirements of a subpoena
32 issued by the court had been disobeyed.
33 The impartial hearing officer shall issue a final written
34 decision, including findings of fact and conclusions of law,
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1 within 2 days after the conclusion of the hearing and mail a
2 copy of the decision to the parents, guardian, or student (if
3 the student requests the hearing), the school district, the
4 director of special education, legal representatives of the
5 parties, and the State Board of Education.
6 The hearing officer presiding over the expedited hearing
7 shall hear only that issue or issues identified by IDEA as
8 proper for expedited hearings, leaving all other issues to be
9 heard under a separate request to be initiated and processed
10 in accordance with the hearing procedures provided for in
11 this Article and in accordance with the implementing
12 regulations.
13 (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
14 Sec. 14-15.01. Community and Residential Services
15 Authority.
16 (a) (1) The Community and Residential Services Authority
17 for Behavior Disturbed and Severe Emotionally Disturbed
18 Individuals is hereby created and shall consist of the
19 following members:
20 A representative of the State Board of Education;
21 Three representatives of the Department of Human
22 Services;
23 A representative of the Department of Children and Family
24 Services;
25 A representative of the Department of Public Health;
26 A representative of the Department of Corrections;
27 A representative of the Department of Public Aid;
28 A representative of the Attorney General's Disability
29 Rights Advocacy Division;
30 The Chairperson and Minority Spokesperson of the House
31 and Senate Committees on Elementary and Secondary Education
32 or their designees; and
33 Six persons appointed by the Governor. Five of such
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1 appointees shall be experienced or knowledgeable relative to
2 provision of services for individuals with a who are behavior
3 disorder disturbed or a severe emotional disturbance
4 emotionally disturbed students and shall include
5 representatives of both the private and public sectors,
6 except that no more than 2 of those 5 appointees may be from
7 the public sector and at least 2 must be or have been
8 directly involved in provision of services to such
9 individuals. The remaining member appointed by the Governor
10 shall be or shall have been a parent of an individual with a
11 behavior disorder disturbed or a severe emotional disturbance
12 emotionally disturbed child or adolescent, and that appointee
13 may be from either the private or the public sector.
14 (2) Members appointed by the Governor shall be appointed
15 for terms of 4 years and shall continue to serve until their
16 respective successors are appointed; provided that the terms
17 of the original appointees shall expire on August 1, 1990,
18 and the term of the additional member appointed under this
19 amendatory Act of 1992 shall commence upon the appointment
20 and expire August 1, 1994. Any vacancy in the office of a
21 member appointed by the Governor shall be filled by
22 appointment of the Governor for the remainder of the term.
23 A vacancy in the office of a member appointed by the
24 Governor exists when one or more of the following events
25 occur:
26 (i) An appointee dies;
27 (ii) An appointee files a written resignation with
28 the Governor;
29 (iii) An appointee ceases to be a legal resident of
30 the State of Illinois; or
31 (iv) An appointee fails to attend a majority of
32 regularly scheduled Authority meetings in a fiscal year.
33 Members who are representatives of an agency shall serve
34 at the will of the agency head. Membership on the Authority
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1 shall cease immediately upon cessation of their affiliation
2 with the agency. If such a vacancy occurs, the appropriate
3 agency head shall appoint another person to represent the
4 agency.
5 If a legislative member of the Authority ceases to be
6 Chairperson or Minority Spokesperson of the designated
7 Committees, they shall automatically be replaced on the
8 Authority by the person who assumes the position of
9 Chairperson or Minority Spokesperson.
10 (b) The Community and Residential Services Authority
11 shall have the following powers and duties:
12 (1) To conduct surveys to determine the extent of
13 need, the degree to which documented need is currently
14 being met and feasible alternatives for matching need
15 with resources.
16 (2) To develop policy statements for interagency
17 cooperation to cover all aspects of service delivery,
18 including laws, regulations and procedures, and clear
19 guidelines for determining responsibility at all times.
20 (3) To recommend policy statements and provide
21 information regarding effective programs for delivery of
22 services to all individuals with a who are behavior
23 disorder or a disturbed and severe emotional disturbance
24 emotionally disturbed of all ages in public or private
25 situations.
26 (4) To review the criteria for service eligibility,
27 provision and availability established by the
28 governmental agencies represented on this Authority, and
29 to recommend changes, additions or deletions to such
30 criteria.
31 (5) To develop and submit to the Governor, the
32 General Assembly, the Directors of the agencies
33 represented on the Authority, and the State Board of
34 Education a master plan for individuals with a who are
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1 behavior disorder or a disturbed and severe emotional
2 disturbance emotionally disturbed, including detailed
3 plans of service for day schools and residential schools
4 ranging from the least to the most restrictive placement
5 options; and to assist local communities, upon request,
6 in developing or strengthening collaborative interagency
7 networks.
8 (6) To develop a process for making determinations
9 in situations where there is a dispute relative to a plan
10 of service for placements of individuals or funding for a
11 plan of service services for individual placements.
12 (7) To provide technical assistance to parents,
13 service consumers, and providers, and member agency
14 personnel regarding statutory responsibilities of human
15 service and educational agencies, and to provide such
16 assistance as deemed necessary to appropriately access
17 needed services.
18 (c) (1) The members of the Authority shall receive no
19 compensation for their services but shall be entitled to
20 reimbursement of reasonable expenses incurred while
21 performing their duties.
22 (2) The Authority may appoint special study groups to
23 operate under the direction of the Authority and persons
24 appointed to such groups shall receive only reimbursement of
25 reasonable expenses incurred in the performance of their
26 duties.
27 (3) The Authority shall elect from its membership a
28 chairperson, vice-chairperson and secretary.
29 (4) The Authority may employ and fix the compensation of
30 such employees and technical assistants as it deems necessary
31 to carry out its powers and duties under this Act. Staff
32 assistance for the Authority shall be provided by the State
33 Board of Education.
34 (5) Funds for the ordinary and contingent expenses of
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1 the Authority shall be appropriated to the State Board of
2 Education in a separate line item.
3 (d) (1) The Authority shall have power to promulgate
4 rules and regulations to carry out its powers and duties
5 under this Act.
6 (2) The Authority may accept monetary gifts or grants
7 from the federal government or any agency thereof, from any
8 charitable foundation or professional association or from any
9 other reputable source for implementation of any program
10 necessary or desirable to the carrying out of the general
11 purposes of the Authority. Such gifts and grants may be held
12 in trust by the Authority and expended in the exercise of its
13 powers and performance of its duties as prescribed by law.
14 (3) The Authority shall submit an annual report of its
15 activities and expenditures to the Governor, the General
16 Assembly, the directors of agencies represented on the
17 Authority, and the State Superintendent of Education.
18 (Source: P.A. 88-386; 89-21, eff. 7-1-95; 89-507, eff.
19 7-1-97.)
20 (105 ILCS 5/17-2.11b new)
21 Sec. 17-2.11b. Validation. Whenever prior to the
22 effective date of this amendatory Act of 1997, a community
23 unit school district having a 1995-96 enrollment of fewer
24 than 450 and a 1995 equalized assessed valuation of less than
25 $12,000,000 has levied and the county clerk has extended
26 taxes for the purposes described in Section 17-2.11 without
27 the certificates of the regional superintendent of schools
28 and the State Superintendent of Education required by that
29 Section, the tax levies and extensions and the expenditures
30 by the school district of the extended amounts are hereby
31 validated for all purposes to the same extent as if the
32 district had received and filed the necessary certifications
33 prior to the tax levies and extensions and had expended the
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1 funds in full compliance with Section 17-2.11.
2 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
3 Sec. 18-8. Basis for apportionment to districts,
4 laboratory schools and alternative schools.
5 A. The amounts to be apportioned shall be determined for
6 each educational service region by school districts, as
7 follows:
8 1. General Provisions.
9 (a) In the computation of the amounts to be apportioned,
10 the average daily attendance of all pupils in grades 9
11 through 12 shall be multiplied by 1.25. The average daily
12 attendance of all pupils in grades 7 and 8 shall be
13 multiplied by 1.05.
14 (b) The actual number of pupils in average daily
15 attendance shall be computed in a one-teacher school district
16 by dividing the total aggregate days of pupil attendance by
17 the actual number of days school is in session but not more
18 than 30 such pupils shall be accredited for such type of
19 district; and in districts of 2 or more teachers, or in
20 districts where records of attendance are kept by session
21 teachers, by taking the sum of the respective averages of the
22 units composing the group.
23 (c) Pupils in average daily attendance shall be computed
24 upon the average of the best 3 months of pupils attendance of
25 the current school year except as district claims may be
26 later amended as provided hereinafter in this Section.
27 However, for any school district maintaining grades
28 kindergarten through 12, the "average daily attendance" shall
29 be computed on the average of the best 3 months of pupils
30 attendance of the current year in grades kindergarten through
31 8, added together with the average of the best 3 months of
32 pupils attendance of the current year in grades 9 through 12,
33 except as district claims may be later amended as provided in
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1 this Section. Days of attendance shall be kept by regular
2 calendar months, except any days of attendance in August
3 shall be added to the month of September and any days of
4 attendance in June shall be added to the month of May.
5 Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of
7 not less than 5 clock hours of school work per day under
8 direct supervision of: (i) teachers, or (ii) non-teaching
9 personnel or volunteer personnel when engaging in
10 non-teaching duties and supervising in those instances
11 specified in subsection (a) of Section 10-22.34 and paragraph
12 10 of Section 34-18, with pupils of legal school age and in
13 kindergarten and grades 1 through 12.
14 (d) Pupils regularly enrolled in a public school for
15 only a part of the school day may be counted on the basis of
16 1/6 day for every class hour of instruction of 40 minutes or
17 more attended pursuant to such enrollment.
18 (e) Days of attendance may be less than 5 clock hours on
19 the opening and closing of the school term, and upon the
20 first day of pupil attendance, if preceded by a day or days
21 utilized as an institute or teachers' workshop.
22 (f) A session of 4 or more clock hours may be counted as
23 a day of attendance upon certification by the regional
24 superintendent, and approved by the State Superintendent of
25 Education to the extent that the district has been forced to
26 use daily multiple sessions.
27 (g) A session of 3 or more clock hours may be counted as
28 a day of attendance (1) when the remainder of the school day
29 or at least 2 hours in the evening of that day is utilized
30 for an in-service training program for teachers, up to a
31 maximum of 5 days per school year of which a maximum of 4
32 days of such 5 days may be used for parent-teacher
33 conferences, provided a district conducts an in-service
34 training program for teachers which has been approved by the
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1 State Superintendent of Education; or, in lieu of 4 such
2 days, 2 full days may be used, in which event each such day
3 may be counted as a day of attendance; and (2) when days in
4 addition to those provided in item (1) are scheduled by a
5 school pursuant to its school improvement plan adopted under
6 Article 34 or its revised or amended school improvement plan
7 adopted under Article 2, provided that (i) such sessions of 3
8 or more clock hours are scheduled to occur at regular
9 intervals, (ii) the remainder of the school days in which
10 such sessions occur are utilized for in-service training
11 programs or other staff development activities for teachers,
12 and (iii) a sufficient number of minutes of school work under
13 the direct supervision of teachers are added to the school
14 days between such regularly scheduled sessions to accumulate
15 not less than the number of minutes by which such sessions of
16 3 or more clock hours fall short of 5 clock hours. Any full
17 days used for the purposes of this paragraph shall not be
18 considered for computing average daily attendance. Days
19 scheduled for in-service training programs, staff development
20 activities, or parent-teacher conferences may be scheduled
21 separately for different grade levels and different
22 attendance centers of the district.
23 (h) A session of not less than one clock hour teaching
24 of hospitalized or homebound pupils on-site or by telephone
25 to the classroom may be counted as 1/2 day of attendance,
26 however these pupils must receive 4 or more clock hours of
27 instruction to be counted for a full day of attendance.
28 (i) A session of at least 4 clock hours may be counted
29 as a day of attendance for first grade pupils, and pupils in
30 full day kindergartens, and a session of 2 or more hours may
31 be counted as 1/2 day of attendance by pupils in
32 kindergartens which provide only 1/2 day of attendance.
33 (j) For children with disabilities who are below the age
34 of 6 years and who cannot attend two or more clock hours
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1 because of their disability or immaturity, a session of not
2 less than one clock hour may be counted as 1/2 day of
3 attendance; however for such children whose educational needs
4 so require a session of 4 or more clock hours may be counted
5 as a full day of attendance.
6 (k) A recognized kindergarten which provides for only
7 1/2 day of attendance by each pupil shall not have more than
8 1/2 day of attendance counted in any 1 day. However,
9 kindergartens may count 2 1/2 days of attendance in any 5
10 consecutive school days. Where a pupil attends such a
11 kindergarten for 2 half days on any one school day, such
12 pupil shall have the following day as a day absent from
13 school, unless the school district obtains permission in
14 writing from the State Superintendent of Education.
15 Attendance at kindergartens which provide for a full day of
16 attendance by each pupil shall be counted the same as
17 attendance by first grade pupils. Only the first year of
18 attendance in one kindergarten shall be counted except in
19 case of children who entered the kindergarten in their fifth
20 year whose educational development requires a second year of
21 kindergarten as determined under the rules and regulations of
22 the State Board of Education.
23 (l) Days of attendance by tuition pupils shall be
24 accredited only to the districts that pay the tuition to a
25 recognized school.
26 (m) The greater of the immediately preceding year's
27 weighted average daily attendance or the average of the
28 weighted average daily attendance of the immediately
29 preceding year and the previous 2 years shall be used.
30 For any school year beginning July 1, 1986 or thereafter,
31 if the weighted average daily attendance in either grades
32 kindergarten through 8 or grades 9 through 12 of a district
33 as computed for the first calendar month of the current
34 school year exceeds by more than 5%, but not less than 25
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1 pupils, the district's weighted average daily attendance for
2 the first calendar month of the immediately preceding year
3 in, respectively, grades kindergarten through 8 or grades 9
4 through 12, a supplementary payment shall be made to the
5 district equal to the difference in the amount of aid the
6 district would be paid under this Section using the weighted
7 average daily attendance in the district as computed for the
8 first calendar month of the current school year and the
9 amount of aid the district would be paid using the weighted
10 average daily attendance in the district for the first
11 calendar month of the immediately preceding year. Such
12 supplementary State aid payment shall be paid to the district
13 as provided in Section 18-8.4 and shall be treated as
14 separate from all other payments made pursuant to this
15 Section 18-8.
16 (n) The number of low income eligible pupils in a
17 district shall result in an increase in the weighted average
18 daily attendance calculated as follows: The number of low
19 income pupils shall increase the weighted ADA by .53 for each
20 student adjusted by dividing the percent of low income
21 eligible pupils in the district by the ratio of eligible low
22 income pupils in the State to the best 3 months' weighted
23 average daily attendance in the State. In no case may the
24 adjustment under this paragraph result in a greater weighting
25 than .625 for each eligible low income student. The number
26 of low income eligible pupils in a district shall be the
27 low-income eligible count from the most recently available
28 federal census and the weighted average daily attendance
29 shall be calculated in accordance with the other provisions
30 of this paragraph.
31 (o) Any school district which fails for any given school
32 year to maintain school as required by law, or to maintain a
33 recognized school is not eligible to file for such school
34 year any claim upon the common school fund. In case of
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1 nonrecognition of one or more attendance centers in a school
2 district otherwise operating recognized schools, the claim of
3 the district shall be reduced in the proportion which the
4 average daily attendance in the attendance center or centers
5 bear to the average daily attendance in the school district.
6 A "recognized school" means any public school which meets the
7 standards as established for recognition by the State Board
8 of Education. A school district or attendance center not
9 having recognition status at the end of a school term is
10 entitled to receive State aid payments due upon a legal claim
11 which was filed while it was recognized.
12 (p) School district claims filed under this Section are
13 subject to Sections 18-9, 18-10 and 18-12, except as herein
14 otherwise provided.
15 (q) The State Board of Education shall secure from the
16 Department of Revenue the value as equalized or assessed by
17 the Department of Revenue of all taxable property of every
18 school district together with the applicable tax rate used in
19 extending taxes for the funds of the district as of September
20 30 of the previous year. The Department of Revenue shall add
21 to the equalized assessed value of all taxable property of
22 each school district situated entirely or partially within a
23 county with 2,000,000 or more inhabitants an amount equal to
24 the total amount by which the homestead exemptions allowed
25 under Sections 15-170 and 15-175 of the Property Tax Code for
26 real property situated in that school district exceeds the
27 total amount that would have been allowed in that school
28 district as homestead exemptions under those Sections if the
29 maximum reduction under Section 15-170 of the Property Tax
30 Code was $2,000 and the maximum reduction under Section
31 15-175 of the Property Tax Code was $3,500. The county clerk
32 of any county with 2,000,000 or more inhabitants shall
33 annually calculate and certify to the Department for each
34 school district all homestead exemption amounts required by
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1 this amendatory Act of 1992. In a new district which has not
2 had any tax rates yet determined for extension of taxes, a
3 leveled uniform rate shall be computed from the latest amount
4 of the fund taxes extended on the several areas within such
5 new district.
6 (r) If a school district operates a full year school
7 under Section 10-19.1, the general state aid to the school
8 district shall be determined by the State Board of Education
9 in accordance with this Section as near as may be applicable.
10 2. New or recomputed claim. The general State aid
11 entitlement for a newly created school district or a district
12 which has annexed an entire school district shall be computed
13 using attendance, compensatory pupil counts, equalized
14 assessed valuation, and tax rate data which would have been
15 used had the district been in existence for 3 years. General
16 State aid entitlements shall not be recomputed except as
17 permitted herein.
18 3. Impaction. Impaction payments shall be made as
19 provided for in Section 18-4.2.
20 4. Summer school. Summer school payments shall be made
21 as provided in Section 18-4.3.
22 5. Computation of State aid. The State grant shall be
23 determined as follows:
24 (a) The State shall guarantee the amount of money that a
25 district's operating tax rate as limited in other Sections of
26 this Act would produce if every district maintaining grades
27 kindergarten through 12 had an equalized assessed valuation
28 equal to $74,791 per weighted ADA pupil; every district
29 maintaining grades kindergarten through 8 had an equalized
30 assessed valuation of $108,644 per weighted ADA pupil; and
31 every district maintaining grades 9 through 12 had an
32 equalized assessed valuation of $187,657 per weighted ADA
33 pupil. The State Board of Education shall adjust the
34 equalized assessed valuation amounts stated in this
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1 paragraph, if necessary, to conform to the amount of the
2 appropriation approved for any fiscal year.
3 (b) The operating tax rate to be used shall consist of
4 all district taxes extended for all purposes except community
5 college educational purposes for the payment of tuition under
6 Section 6-1 of the Public Community College Act, Bond and
7 Interest, Summer School, Rent, Capital Improvement and
8 Vocational Education Building. Any district may elect to
9 exclude Transportation from the calculation of its operating
10 tax rate. Districts may include taxes extended for the
11 payment of principal and interest on bonds issued under the
12 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
13 per year for each purpose or the actual rate extended,
14 whichever is less.
15 (c) For calculation of aid under this Act a district
16 shall use the combined authorized tax rates of all funds not
17 exempt in (b) above, not to exceed 2.76% of the value of all
18 its taxable property as equalized or assessed by the
19 Department of Revenue for districts maintaining grades
20 kindergarten through 12; 1.90% of the value of all its
21 taxable property as equalized or assessed by the Department
22 of Revenue for districts maintaining grades kindergarten
23 through 8 only; 1.10% of the value of all its taxable
24 property as equalized or assessed by the Department of
25 Revenue for districts maintaining grades 9 through 12 only.
26 A district may, however, as provided in Article 17, increase
27 its operating tax rate above the maximum rate provided in
28 this subsection without affecting the amount of State aid to
29 which it is entitled under this Act.
30 (d) (1) For districts maintaining grades kindergarten
31 through 12 with an operating tax rate as described in
32 subsections 5(b) and (c) of less than 2.18%, and districts
33 maintaining grades kindergarten through 8 with an operating
34 tax rate of less than 1.28%, State aid shall be computed by
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1 multiplying the difference between the guaranteed equalized
2 assessed valuation per weighted ADA pupil in subsection 5(a)
3 and the equalized assessed valuation per weighted ADA pupil
4 in the district by the operating tax rate, multiplied by the
5 weighted average daily attendance of the district; provided,
6 however, that for the 1989-1990 school year only, a school
7 district maintaining grades kindergarten through 8 whose
8 operating tax rate with reference to which its general State
9 aid for the 1989-1990 school year is determined is less than
10 1.28% and more than 1.090%, and which had an operating tax
11 rate of 1.28% or more for the previous year, shall have its
12 general State aid computed according to the provisions of
13 subsection 5(d)(2).
14 (2) For districts maintaining grades kindergarten
15 through 12 with an operating tax rate as described in
16 subsection 5(b) and (c) of 2.18% and above, the State aid
17 shall be computed as provided in subsection (d) (1) but as
18 though the district had an operating tax rate of 2.76%; in
19 K-8 districts with an operating tax rate of 1.28% and above,
20 the State aid shall be computed as provided in subsection (d)
21 (1) but as though the district had an operating tax rate of
22 1.90%; and in 9-12 districts, the State aid shall be computed
23 by multiplying the difference between the guaranteed
24 equalized assessed valuation per weighted average daily
25 attendance pupil in subsection 5(a) and the equalized
26 assessed valuation per weighted average daily attendance
27 pupil in the district by the operating tax rate, not to
28 exceed 1.10%, multiplied by the weighted average daily
29 attendance of the district. State aid computed under the
30 provisions of this subsection (d) (2) shall be treated as
31 separate from all other payments made pursuant to this
32 Section. The State Comptroller and State Treasurer shall
33 transfer from the General Revenue Fund to the Common School
34 Fund the amounts necessary to permit these claims to be paid
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1 in equal installments along with other State aid payments
2 remaining to be made for the 1983-1984 school year under this
3 Section.
4 (3) For any school district whose 1995 equalized
5 assessed valuation is at least 6% less than its 1994
6 equalized assessed valuation as the result of a reduction in
7 the equalized assessed valuation of the taxable property
8 within such district of any one taxpayer whose taxable
9 property within the district has a 1994 equalized assessed
10 valuation constituting at least 20% of the 1994 equalized
11 assessed valuation of all taxable property within the
12 district, the 1996-97 State aid of such district shall be
13 computed using its 1995 equalized assessed valuation.
14 (4) For any school district whose 1988 equalized
15 assessed valuation is 55% or less of its 1981 equalized
16 assessed valuation, the 1990-91 State aid of such district
17 shall be computed by multiplying the 1988 equalized assessed
18 valuation by a factor of .8. Any such school district which
19 is reorganized effective for the 1991-92 school year shall
20 use the formula provided in this subparagraph for purposes of
21 the calculation made pursuant to subsection (m) of this
22 Section.
23 (e) The amount of State aid shall be computed under the
24 provisions of subsections 5(a) through 5(d) provided the
25 equalized assessed valuation per weighted ADA pupil is less
26 than .87 of the amounts in subsection 5(a). If the equalized
27 assessed valuation per weighted ADA pupil is equal to or
28 greater than .87 of the amounts in subsection 5(a), the State
29 aid shall be computed under the provisions of subsection
30 5(f).
31 (f) If the equalized assessed valuation per weighted ADA
32 pupil is equal to or greater than .87 of the amounts in
33 subsection 5(a), the State aid per weighted ADA pupil shall
34 be computed by multiplying the product of .13 times the
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1 maximum per pupil amount computed under the provisions of
2 subsections 5(a) through 5(d) by an amount equal to the
3 quotient of .87 times the equalized assessed valuation per
4 weighted ADA pupil in subsection 5(a) for that type of
5 district divided by the district equalized valuation per
6 weighted ADA pupil except in no case shall the district
7 receive State aid per weighted ADA pupil of less than .07
8 times the maximum per pupil amount computed under the
9 provisions of subsections 5(a) through 5(d).
10 (g) In addition to the above grants, summer school
11 grants shall be made based upon the calculation as provided
12 in subsection 4 of this Section.
13 (h) The board of any district receiving any of the
14 grants provided for in this Section may apply those funds to
15 any fund so received for which that board is authorized to
16 make expenditures by law.
17 (i) (1) (a) In school districts with an average daily
18 attendance of 50,000 or more, the amount which is provided
19 under subsection 1(n) of this Section by the application of a
20 base Chapter 1 weighting factor of .375 shall be distributed
21 to the attendance centers within the district in proportion
22 to the number of pupils enrolled at each attendance center
23 who are eligible to receive free or reduced-price lunches or
24 breakfasts under the federal Child Nutrition Act of 1966 and
25 under the National School Lunch Act during the immediately
26 preceding school year. The amount of State aid provided
27 under subsection 1(n) of this Section by the application of
28 the Chapter 1 weighting factor in excess of .375 shall be
29 distributed to the attendance centers within the district in
30 proportion to the total enrollment at each attendance center.
31 Beginning with school year 1989-90, and each school year
32 thereafter, all funds provided under subsection 1 (n) of this
33 Section by the application of the Chapter 1 weighting factor
34 which are in excess of the level of non-targeted Chapter 1
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1 funds in school year 1988-89 shall be distributed to
2 attendance centers, and only to attendance centers, within
3 the district in proportion to the number of pupils enrolled
4 at each attendance center who are eligible to receive free or
5 reduced price lunches or breakfasts under the Federal Child
6 Nutrition Act and under the National School Lunch Act during
7 the immediately preceding school year. Beginning in school
8 year 1989-90, 25% of the previously non-targeted Chapter 1
9 funds as established for school year 1988-89 shall also be
10 distributed to the attendance centers, and only to attendance
11 centers, in the district in proportion to the number of
12 pupils enrolled at each attendance center who are eligible to
13 receive free or reduced price lunches or breakfasts under the
14 Federal Child Nutrition Act and under the National School
15 Lunch Act during the immediately preceding school year; in
16 school year 1990-91, 50% of the previously non-targeted
17 Chapter 1 funds as established for school year 1988-89 shall
18 be distributed to attendance centers, and only to attendance
19 centers, in the district in proportion to the number of
20 pupils enrolled at each attendance center who are eligible to
21 receive such free or reduced price lunches or breakfasts
22 during the immediately preceding school year; in school year
23 1991-92, 75% of the previously non-targeted Chapter 1 funds
24 as established for school year 1988-89 shall be distributed
25 to attendance centers, and only to attendance centers, in the
26 district in proportion to the number of pupils enrolled at
27 each attendance center who are eligible to receive such free
28 or reduced price lunches or breakfasts during the immediately
29 preceding school year; in school year 1992-93 and thereafter,
30 all funds provided under subsection 1 (n) of this Section by
31 the application of the Chapter 1 weighting factor shall be
32 distributed to attendance centers, and only to attendance
33 centers, in the district in proportion to the number of
34 pupils enrolled at each attendance center who are eligible to
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1 receive free or reduced price lunches or breakfasts under the
2 Federal Child Nutrition Act and under the National School
3 Lunch Act during the immediately preceding school year;
4 provided, however, that the distribution formula in effect
5 beginning with school year 1989-90 shall not be applicable to
6 such portion of State aid provided under subsection 1 (n) of
7 this Section by the application of the Chapter 1 weighting
8 formula as is set aside and appropriated by the school
9 district for the purpose of providing desegregation programs
10 and related transportation to students (which portion shall
11 not exceed 5% of the total amount of State aid which is
12 provided under subsection 1 (n) of this Section by
13 application of the Chapter 1 weighting formula), and the
14 relevant percentages shall be applied to the remaining
15 portion of such State aid. The distribution of these
16 portions of general State aid among attendance centers
17 according to these requirements shall not be compensated for
18 or contravened by adjustments of the total of other funds
19 appropriated to any attendance centers. (b) The Board of
20 Education shall utilize funding from one or several sources
21 in order to fully implement this provision annually prior to
22 the opening of school. The Board of Education shall apply
23 savings from reduced administrative costs required under
24 Section 34-43.1 and growth in non-Chapter 1 State and local
25 funds to assure that all attendance centers receive funding
26 to replace losses due to redistribution of Chapter 1 funding.
27 The distribution formula and funding to replace losses due to
28 the distribution formula shall occur, in full, using any and
29 all sources available, including, if necessary, revenue from
30 administrative reductions beyond those required in Section
31 34-43.1, in order to provide the necessary funds. (c) Each
32 attendance center shall be provided by the school district a
33 distribution of noncategorical funds and other categorical
34 funds to which an attendance center is entitled under law in
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1 order that the State aid provided by application of the
2 Chapter 1 weighting factor and required to be distributed
3 among attendance centers according to the requirements of
4 this paragraph supplements rather than supplants the
5 noncategorical funds and other categorical funds provided by
6 the school district to the attendance centers.
7 Notwithstanding the foregoing provisions of this subsection
8 5(i)(1) or any other law to the contrary, beginning with the
9 1995-1996 school year and for each school year thereafter,
10 the board of a school district to which the provisions of
11 this subsection apply shall be required to allocate or
12 provide to attendance centers of the district in any such
13 school year, from the State aid provided for the district
14 under this Section by application of the Chapter 1 weighting
15 factor, an aggregate amount of not less than $261,000,000 of
16 State Chapter 1 funds. Any State Chapter 1 funds that by
17 reason of the provisions of this paragraph are not required
18 to be allocated and provided to attendance centers may be
19 used and appropriated by the board of the district for any
20 lawful school purpose. Chapter 1 funds received by an
21 attendance center (except those funds set aside for
22 desegregation programs and related transportation to
23 students) shall be used on the schedule cited in this Section
24 at the attendance center at the discretion of the principal
25 and local school council for programs to improve educational
26 opportunities at qualifying schools through the following
27 programs and services: early childhood education, reduced
28 class size or improved adult to student classroom ratio,
29 enrichment programs, remedial assistance, attendance
30 improvement and other educationally beneficial expenditures
31 which supplement the regular and basic programs as determined
32 by the State Board of Education. Chapter 1 funds shall not
33 be expended for any political or lobbying purposes as defined
34 by board rule. (d) Each district subject to the provisions of
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1 this paragraph shall submit an acceptable plan to meet the
2 educational needs of disadvantaged children, in compliance
3 with the requirements of this paragraph, to the State Board
4 of Education prior to July 15 of each year. This plan shall
5 be consistent with the decisions of local school councils
6 concerning the school expenditure plans developed in
7 accordance with part 4 of Section 34-2.3. The State Board
8 shall approve or reject the plan within 60 days after its
9 submission. If the plan is rejected the district shall give
10 written notice of intent to modify the plan within 15 days of
11 the notification of rejection and then submit a modified plan
12 within 30 days after the date of the written notice of intent
13 to modify. Districts may amend approved plans pursuant to
14 rules promulgated by the State Board of Education.
15 Upon notification by the State Board of Education that
16 the district has not submitted a plan prior to July 15 or a
17 modified plan within the time period specified herein, the
18 State aid funds affected by said plan or modified plan shall
19 be withheld by the State Board of Education until a plan or
20 modified plan is submitted.
21 If the district fails to distribute State aid to
22 attendance centers in accordance with an approved plan, the
23 plan for the following year shall allocate funds, in addition
24 to the funds otherwise required by this subparagraph, to
25 those attendance centers which were underfunded during the
26 previous year in amounts equal to such underfunding.
27 For purposes of determining compliance with this
28 subsection in relation to Chapter 1 expenditures, each
29 district subject to the provisions of this subsection shall
30 submit as a separate document by December 1 of each year a
31 report of Chapter 1 expenditure data for the prior year in
32 addition to any modification of its current plan. If it is
33 determined that there has been a failure to comply with the
34 expenditure provisions of this subsection regarding
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1 contravention or supplanting, the State Superintendent of
2 Education shall, within 60 days of receipt of the report,
3 notify the district and any affected local school council.
4 The district shall within 45 days of receipt of that
5 notification inform the State Superintendent of Education of
6 the remedial or corrective action to be taken, whether by
7 amendment of the current plan, if feasible, or by adjustment
8 in the plan for the following year. Failure to provide the
9 expenditure report or the notification of remedial or
10 corrective action in a timely manner shall result in a
11 withholding of the affected funds.
12 The State Board of Education shall promulgate rules and
13 regulations to implement the provisions of this subsection
14 5(i)(1). No funds shall be released under subsection 1(n) of
15 this Section or under this subsection 5(i)(1) to any district
16 which has not submitted a plan which has been approved by the
17 State Board of Education.
18 (2) School districts with an average daily attendance of
19 more than 1,000 and less than 50,000 and having a low income
20 pupil weighting factor in excess of .53 shall submit a plan
21 to the State Board of Education prior to October 30 of each
22 year for the use of the funds resulting from the application
23 of subsection 1(n) of this Section for the improvement of
24 instruction in which priority is given to meeting the
25 education needs of disadvantaged children. Such plan shall
26 be submitted in accordance with rules and regulations
27 promulgated by the State Board of Education.
28 (j) For the purposes of calculating State aid under this
29 Section, with respect to any part of a school district within
30 a redevelopment project area in respect to which a
31 municipality has adopted tax increment allocation financing
32 pursuant to the Tax Increment Allocation Redevelopment Act,
33 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
34 Municipal Code or the Industrial Jobs Recovery Law, Sections
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1 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
2 no part of the current equalized assessed valuation of real
3 property located in any such project area which is
4 attributable to an increase above the total initial equalized
5 assessed valuation of such property shall be used in
6 computing the equalized assessed valuation per weighted ADA
7 pupil in the district, until such time as all redevelopment
8 project costs have been paid, as provided in Section
9 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
10 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
11 For the purpose of computing the equalized assessed valuation
12 per weighted ADA pupil in the district the total initial
13 equalized assessed valuation or the current equalized
14 assessed valuation, whichever is lower, shall be used until
15 such time as all redevelopment project costs have been paid.
16 (k) For a school district operating under the financial
17 supervision of an Authority created under Article 34A, the
18 State aid otherwise payable to that district under this
19 Section, other than State aid attributable to Chapter 1
20 students, shall be reduced by an amount equal to the budget
21 for the operations of the Authority as certified by the
22 Authority to the State Board of Education, and an amount
23 equal to such reduction shall be paid to the Authority
24 created for such district for its operating expenses in the
25 manner provided in Section 18-11. The remainder of State
26 school aid for any such district shall be paid in accordance
27 with Article 34A when that Article provides for a disposition
28 other than that provided by this Article.
29 (l) For purposes of calculating State aid under this
30 Section, the equalized assessed valuation for a school
31 district used to compute State aid shall be determined by
32 adding to the real property equalized assessed valuation for
33 the district an amount computed by dividing the amount of
34 money received by the district under the provisions of "An
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1 Act in relation to the abolition of ad valorem personal
2 property tax and the replacement of revenues lost thereby",
3 certified August 14, 1979, by the total tax rate for the
4 district. For purposes of this subsection 1976 tax rates
5 shall be used for school districts in the county of Cook and
6 1977 tax rates shall be used for school districts in all
7 other counties.
8 (m) (1) For a new school district formed by combining
9 property included totally within 2 or more previously
10 existing school districts, for its first year of existence or
11 if the new district was formed after October 31, 1982 and
12 prior to September 23, 1985, for the year immediately
13 following September 23, 1985, the State aid calculated under
14 this Section shall be computed for the new district and for
15 the previously existing districts for which property is
16 totally included within the new district. If the computation
17 on the basis of the previously existing districts is greater,
18 a supplementary payment equal to the difference shall be made
19 for the first 3 years of existence of the new district or if
20 the new district was formed after October 31, 1982 and prior
21 to September 23, 1985, for the 3 years immediately following
22 September 23, 1985.
23 (2) For a school district which annexes all of the
24 territory of one or more entire other school districts, for
25 the first year during which the change of boundaries
26 attributable to such annexation becomes effective for all
27 purposes as determined under Section 7-9 or 7A-8, the State
28 aid calculated under this Section shall be computed for the
29 annexing district as constituted after the annexation and for
30 the annexing and each annexed district as constituted prior
31 to the annexation; and if the computation on the basis of the
32 annexing and annexed districts as constituted prior to the
33 annexation is greater, a supplementary payment equal to the
34 difference shall be made for the first 3 years of existence
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1 of the annexing school district as constituted upon such
2 annexation.
3 (3) For 2 or more school districts which annex all of
4 the territory of one or more entire other school districts,
5 and for 2 or more community unit districts which result upon
6 the division (pursuant to petition under Section 11A-2) of
7 one or more other unit school districts into 2 or more parts
8 and which together include all of the parts into which such
9 other unit school district or districts are so divided, for
10 the first year during which the change of boundaries
11 attributable to such annexation or division becomes effective
12 for all purposes as determined under Section 7-9 or 11A-10,
13 as the case may be, the State aid calculated under this
14 Section shall be computed for each annexing or resulting
15 district as constituted after the annexation or division and
16 for each annexing and annexed district, or for each resulting
17 and divided district, as constituted prior to the annexation
18 or division; and if the aggregate of the State aid as so
19 computed for the annexing or resulting districts as
20 constituted after the annexation or division is less than the
21 aggregate of the State aid as so computed for the annexing
22 and annexed districts, or for the resulting and divided
23 districts, as constituted prior to the annexation or
24 division, then a supplementary payment equal to the
25 difference shall be made and allocated between or among the
26 annexing or resulting districts, as constituted upon such
27 annexation or division, for the first 3 years of their
28 existence. The total difference payment shall be allocated
29 between or among the annexing or resulting districts in the
30 same ratio as the pupil enrollment from that portion of the
31 annexed or divided district or districts which is annexed to
32 or included in each such annexing or resulting district bears
33 to the total pupil enrollment from the entire annexed or
34 divided district or districts, as such pupil enrollment is
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1 determined for the school year last ending prior to the date
2 when the change of boundaries attributable to the annexation
3 or division becomes effective for all purposes. The amount
4 of the total difference payment and the amount thereof to be
5 allocated to the annexing or resulting districts shall be
6 computed by the State Board of Education on the basis of
7 pupil enrollment and other data which shall be certified to
8 the State Board of Education, on forms which it shall provide
9 for that purpose, by the regional superintendent of schools
10 for each educational service region in which the annexing and
11 annexed districts, or resulting and divided districts are
12 located.
13 (4) If a unit school district annexes all the territory
14 of another unit school district effective for all purposes
15 pursuant to Section 7-9 on July 1, 1988, and if part of the
16 annexed territory is detached within 90 days after July 1,
17 1988, then the detachment shall be disregarded in computing
18 the supplementary State aid payments under this paragraph (m)
19 for the entire 3 year period and the supplementary State aid
20 payments shall not be diminished because of the detachment.
21 (5) Any supplementary State aid payment made under this
22 paragraph (m) shall be treated as separate from all other
23 payments made pursuant to this Section.
24 (n) For the purposes of calculating State aid under this
25 Section, the real property equalized assessed valuation for a
26 school district used to compute State aid shall be determined
27 by subtracting from the real property value as equalized or
28 assessed by the Department of Revenue for the district an
29 amount computed by dividing the amount of any abatement of
30 taxes under Section 18-170 of the Property Tax Code by the
31 maximum operating tax rates specified in subsection 5(c) of
32 this Section and an amount computed by dividing the amount of
33 any abatement of taxes under subsection (a) of Section 18-165
34 of the Property Tax Code by the maximum operating tax rates
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1 specified in subsection 5(c) of this Section.
2 (o) Notwithstanding any other provisions of this
3 Section, for the 1996-1997 school year the amount of the
4 aggregate general State aid entitlement that is received
5 under this Section by each school district for that school
6 year shall be not less than the amount of the aggregate
7 general State aid entitlement that was received by the
8 district under this Section for the 1995-1996 school year.
9 If a school district is to receive an aggregate general State
10 aid entitlement under this Section for the 1996-1997 school
11 year that is less than the amount of the aggregate general
12 State aid entitlement that the district received under this
13 Section for the 1995-1996 school year, the school district
14 shall also receive, from a separate appropriation made for
15 purposes of this paragraph (o), a supplementary payment that
16 is equal to the amount by which the general State aid
17 entitlement received by the district under this Section for
18 the 1995-1996 school year exceeds the general State aid
19 entitlement that the district is to receive under this
20 Section for the 1996-1997 school year.
21 Notwithstanding any other provisions of this Section, for
22 the 1997-1998 school year the amount of the aggregate general
23 State aid entitlement that is received under this Section by
24 each school district for that school year shall be not less
25 than the amount of the aggregate general State aid
26 entitlement that was received by the district under this
27 Section for the 1996-1997 school year. If a school district
28 is to receive an aggregate general State aid entitlement
29 under this Section for the 1997-1998 school year that is less
30 than the amount of the aggregate general State aid
31 entitlement that the district received under this Section for
32 the 1996-1997 school year, the school district shall also
33 receive, from a separate appropriation made for purposes of
34 this paragraph (o), a supplementary payment that is equal to
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1 the amount by which the general State aid entitlement
2 received by the district under this Section for the 1996-1997
3 school year exceeds the general State aid entitlement that
4 the district is to receive under this Section for the
5 1997-1998 school year.
6 If the amount appropriated for supplementary payments to
7 school districts under this paragraph (o) is insufficient for
8 that purpose, the supplementary payments that districts are
9 to receive under this paragraph shall be prorated according
10 to the aggregate amount of the appropriation made for
11 purposes of this paragraph.
12 (p) For the 1997-1998 school year, a supplemental
13 general State aid grant shall be provided for school
14 districts as follows:
15 (i) The general State aid received by a school
16 district under this Section for the 1997-1998 school year
17 shall be added to the sum of (A) the result obtained by
18 multiplying the 1995 equalized valuation of all taxable
19 property in the district by the fixed calculation tax
20 rates of 3.0% for unit districts, 2.0% for elementary
21 districts and 1.0% for high school districts plus (B) the
22 aggregate corporate personal property replacement
23 revenues received by the district during the 1996-1997
24 school year;
25 (ii) The aggregate amount determined under item (i)
26 of this subsection 5(p) shall be divided by the average
27 of the best 3 months of pupil attendance in the district
28 for the 1996-1997 school year; and
29 (iii) If the result obtained by dividing the
30 aggregate amount determined under item (i) of this
31 subsection 5(p) by the average of the best 3 months of
32 pupil attendance in the district as provided in item (ii)
33 of this subsection 5(p) is less than $3,600, the
34 supplemental general State aid grant that the district
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1 shall receive under this subsection 5(p) for the
2 1997-1998 school year shall be equal to the amount
3 determined by subtracting from $3,600 the result obtained
4 by dividing the aggregate amount determined under item
5 (i) of this subsection by the average of the best 3
6 months of pupil attendance in the district as provided in
7 item (ii) of this subsection, and by multiplying that
8 difference by the average of the best 3 months of pupil
9 attendance in the district for the 1996-1997 school year.
10 If the moneys appropriated in a separate line item by the
11 General Assembly to the State Board of Education for
12 supplementary payments required to be made and distributed to
13 school districts for any school year under this subsection
14 5(p) are insufficient, the amount of the supplementary
15 payments required to be made and distributed to those school
16 districts under this subsection 5(p) for that school year
17 shall abate proportionately.
18 B. In calculating the amount to be paid to the governing
19 board of a public university that operates a laboratory
20 school under this Section or to any alternative school that
21 is operated by a regional superintendent of schools, the
22 State Board of Education shall require by rule such reporting
23 requirements as it deems necessary.
24 As used in this Section, "laboratory school" means a
25 public school which is created and operated by a public
26 university and approved by the State Board of Education. The
27 governing board of a public university which receives funds
28 from the State Board under this subsection B may not increase
29 the number of students enrolled in its laboratory school from
30 a single district, if that district is already sending 50 or
31 more students, except under a mutual agreement between the
32 school board of a student's district of residence and the
33 university which operates the laboratory school. A
34 laboratory school may not have more than 1,000 students,
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1 excluding students with disabilities in a special education
2 program.
3 As used in this Section, "alternative school" means a
4 public school which is created and operated by a regional
5 superintendent of schools and approved by the State Board of
6 Education. Such alternative schools may offer courses of
7 instruction for which credit is given in regular school
8 programs, courses to prepare students for the high school
9 equivalency testing program or vocational and occupational
10 training. A regional superintendent of schools may contract
11 with a school district or a public community college district
12 to operate an alternative school. An alternative school
13 serving more than one educational service region may be
14 operated under such terms as the regional superintendents of
15 schools of those educational service regions may agree.
16 Each laboratory and alternative school shall file, on
17 forms provided by the State Superintendent of Education, an
18 annual State aid claim which states the average daily
19 attendance of the school's students by month. The best 3
20 months' average daily attendance shall be computed for each
21 school. The weighted average daily attendance shall be
22 computed and the weighted average daily attendance for the
23 school's most recent 3 year average shall be compared to the
24 most recent weighted average daily attendance, and the
25 greater of the 2 shall be used for the calculation under this
26 subsection B. The general State aid entitlement shall be
27 computed by multiplying the school's student count by the
28 foundation level as determined under this Section.
29 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
30 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
31 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
32 7-1-97; 90-14, eff. 7-1-97.)
33 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
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1 Sec. 22-23. Sprinkler systems.
2 (a) The provisions of this Section apply to the school
3 board, board of education, board of school directors, board
4 of school inspectors or other governing body of each school
5 district in this State, including special charter districts
6 and districts organized under Article 34.
7 (b) As used in this Section, the term "school
8 construction" means (1) the construction of a new school
9 building, or addition to an existing building, within any
10 period of 30 months, having 7,200 or more square feet the
11 construction of an addition to a school building, and (2) any
12 alteration, as defined in 71 Illinois Administrative Code,
13 Section 400.210, within any period of 30 months, remodeling,
14 renovation or reconstruction project affecting one or more
15 areas of a school building which cumulatively are equal to
16 50% or more of the square footage of the school building.
17 (c) New areas or uses of buildings not required to be
18 sprinklered under this Section shall be protected with the
19 installation of an automatic fire detection system.
20 (d) (c) Notwithstanding any other provisions of this
21 Act, no school construction shall be commenced in any school
22 district on or after the effective date of this amendatory
23 Act of 1991 unless sprinkler systems are required by, and are
24 installed in accordance with approved plans and
25 specifications in the school building, addition or project
26 areas which constitute school construction as defined in
27 subsection (b). Plans and specifications shall comply with
28 rules and regulations established by the State Board of
29 Education, and such rules and regulations shall be consistent
30 so far as practicable with nationally recognized standards
31 such as those established by the National Fire Protection
32 Association.
33 (d) Prior to the award of any contract for, or
34 commencement of any school construction, the school board or
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1 other governing body of the school district shall submit
2 plans and specifications for installation of sprinkler
3 systems as required by this Section to the appropriate
4 regional superintendent of schools, who shall forward the
5 plans and specifications to the State Board of Education for
6 review and approval.
7 (Source: P.A. 87-652.)
8 (105 ILCS 5/27-20.6 new)
9 Sec. 27-20.6 "Irish Famine" Study. Every public
10 elementary school and high school may include in its
11 curriculum a unit of instruction studying the causes and
12 effects of mass starvation in mid-19th century Ireland. This
13 period in world history is known as the "Irish Famine", in
14 which millions of Irish died or emigrated. The study of this
15 material is a reaffirmation of the commitment of free people
16 of all nations to eradicate the causes of famine that exist
17 in the modern world.
18 The State Superintendent of Education may prepare and
19 make available to all school boards instructional materials
20 that may be used as guidelines for development of a unit of
21 instruction under this Section; provided, however, that each
22 school board shall itself determine the minimum amount of
23 instruction time that shall qualify as a unit of instruction
24 satisfying the requirements of this Section.
25 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
26 Sec. 34-2.4b. Limitation upon applicability. The
27 provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
28 34-2.4 and 34-8.3, and those provisions of paragraph 1 of
29 Section 34-18 and paragraph (c) of Section 34A-201a relating
30 to the allocation or application -- by formula or otherwise
31 -- of lump sum amounts and other funds to attendance centers,
32 shall not apply to attendance centers that have applied for
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1 and been designated as a "Small School" by the Board, the
2 Cook County Juvenile Detention Center and Cook County Jail
3 schools, nor to the district's alternative schools for
4 pregnant girls, nor to alternative schools established under
5 Article 13A, nor to Washburne Trade School, the Industrial
6 Skills Center or Michael R. Durso School, Jackson Adult
7 Center, Hillard Adult Center, or the Alternative Transitional
8 School; and the board of education shall have and exercise
9 with respect to those schools and with respect to the
10 conduct, operation, affairs and budgets of those schools, and
11 with respect to the principals, teachers and other school
12 staff there employed, the same powers which are exercisable
13 by local school councils with respect to the other attendance
14 centers, principals, teachers and school staff within the
15 district, together with all powers and duties generally
16 exercisable by the board of education with respect to all
17 attendance centers within the district. The board of
18 education shall develop appropriate alternative methods for
19 involving parents, community members and school staff to the
20 maximum extent possible in all of the activities of those
21 schools, and may delegate to the parents, community members
22 and school staff so involved the same powers which are
23 exercisable by local school councils with respect to other
24 attendance centers.
25 (Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96.)
26 (105 ILCS 5/34-4.5)
27 Sec. 34-4.5. Chronic truants.
28 (a) Office of Chronic Truant Adjudication. The board
29 shall establish and implement an Office of Chronic Truant
30 Adjudication, which shall be responsible for administratively
31 adjudicating cases of chronic truancy and imposing
32 appropriate sanctions. The board shall appoint or employ
33 hearing officers to perform the adjudicatory functions of
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1 that Office. Principals and other appropriate personnel may
2 refer pupils suspected of being chronic truants, as defined
3 in Section 26-2a of this Code, to the Office of Chronic
4 Truant Adjudication.
5 (b) Notices. Before any hearing may be held under
6 subsection (c), the principal of the school attended by the
7 pupil or the principal's designee shall notify the pupil's
8 parent or guardian by personal visit, letter, or telephone of
9 each unexcused absence of the pupil. After giving the parent
10 or guardian notice of the tenth unexcused absence of the
11 pupil, the principal or the principal's designee shall send
12 the pupil's parent or guardian a letter, by certified mail,
13 return receipt requested, notifying the parent or guardian
14 that he or she is subjecting himself or herself to a hearing
15 procedure as provided under subsection (c) and clearly
16 describing any and all possible penalties that may be imposed
17 as provided for in subsections (d) and (e) of this Section.
18 (c) Hearing. Once a pupil has been referred to the
19 Office of Chronic Truant Adjudication, a hearing shall be
20 scheduled before an appointed hearing officer, and the pupil
21 and the pupil's parents or guardian shall be notified by
22 certified mail, return receipt requested stating the time,
23 place, and purpose of the hearing. The hearing officer shall
24 hold a hearing and render a written decision within 14 days
25 determining whether the pupil is a chronic truant as defined
26 in Section 26-2a of this Code and whether the parent or
27 guardian took reasonable steps to assure the pupil's
28 attendance at school. The hearing shall be private unless a
29 public hearing is requested by the pupil's parent or
30 guardian, and the pupil may be present at the hearing with a
31 representative in addition to the pupil's parent or guardian.
32 The board shall present evidence of the pupil's truancy, and
33 the pupil and the parent or guardian or representative of the
34 pupil may cross examine witnesses, present witnesses and
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1 evidence, and present defenses to the charges. All testimony
2 at the hearing shall be taken under oath administered by the
3 hearing officer. The decision of the hearing officer shall
4 constitute an "administrative decision" for purposes of
5 judicial review under the Administrative Review Law.
6 (d) Penalties. The hearing officer may require the
7 pupil or the pupil's parent or guardian or both the pupil and
8 the pupil's parent or guardian to do any or all of the
9 following: perform reasonable school or community services
10 for a period not to exceed 30 days; complete a parenting
11 education program; obtain counseling or other supportive
12 services; and comply with an individualized educational plan
13 or service plan as provided by appropriate school officials.
14 If the parent or guardian of the chronic truant shows that he
15 or she took reasonable steps to insure attendance of the
16 pupil at school, he or she shall not be required to perform
17 services.
18 (e) Non-compliance with sanctions. If a pupil
19 determined by a hearing officer to be a chronic truant or the
20 parent or guardian of the pupil fails to comply with the
21 sanctions ordered by the hearing officer under subsection (c)
22 of this Section, the Office of Chronic Truant Adjudication
23 may refer the matter to the State's Attorney for prosecution
24 under Section 3-33 of the Juvenile Court Act of 1987.
25 (f) Limitation on applicability. Nothing in this
26 Section shall be construed to apply to a parent or guardian
27 of a pupil not required to attend a public school pursuant to
28 Section 26-1 in a valid home school program.
29 (Source: P.A. 90-143, eff. 7-23-97.)
30 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
31 Sec. 34-18.5. Criminal background investigations.
32 (a) After August 1, 1985, certified and noncertified
33 applicants for employment with the school district are
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1 required as a condition of employment to authorize an
2 investigation to determine if such applicants have been
3 convicted of any of the enumerated criminal or drug offenses
4 in subsection (c) of this Section. Authorization for the
5 investigation shall be furnished by the applicant to the
6 school district, except that if the applicant is a substitute
7 teacher seeking employment in more than one school district,
8 or a teacher seeking concurrent part-time employment
9 positions with more than one school district (as a reading
10 specialist, special education teacher or otherwise), or an
11 educational support personnel employee seeking employment
12 positions with more than one district, any such district may
13 require the applicant to furnish authorization for the
14 investigation to the regional superintendent of the
15 educational service region in which are located the school
16 districts in which the applicant is seeking employment as a
17 substitute or concurrent part-time teacher or concurrent
18 educational support personnel employee. Upon receipt of this
19 authorization, the school district or the appropriate
20 regional superintendent, as the case may be, shall submit the
21 applicant's name, sex, race, date of birth and social
22 security number to the Department of State Police on forms
23 prescribed by the Department. The regional superintendent
24 submitting the requisite information to the Department of
25 State Police shall promptly notify the school districts in
26 which the applicant is seeking employment as a substitute or
27 concurrent part-time teacher or concurrent educational
28 support personnel employee that the investigation of the
29 applicant has been requested. The Department of State Police
30 shall conduct an investigation to ascertain if the applicant
31 being considered for employment has been convicted of any of
32 the enumerated criminal or drug offenses in subsection (c).
33 The Department shall charge the school district or the
34 appropriate regional superintendent a fee for conducting such
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1 investigation, which fee shall be deposited in the State
2 Police Services Fund and shall not exceed the cost of the
3 inquiry; and the applicant shall not be charged a fee for
4 such investigation by the school district or by the regional
5 superintendent. The regional superintendent may seek
6 reimbursement from the State Board of Education or the
7 appropriate school district or districts for fees paid by the
8 regional superintendent to the Department for the criminal
9 background investigations required by this Section.
10 (b) The Department shall furnish, pursuant to positive
11 identification, records of convictions, until expunged, to
12 the president of the board of education for the school
13 district which requested the investigation, or to the
14 regional superintendent who requested the investigation. Any
15 information concerning the record of convictions obtained by
16 the president of the board of education or the regional
17 superintendent shall be confidential and may only be
18 transmitted to the general superintendent of the school
19 district or his designee, the appropriate regional
20 superintendent if the investigation was requested by the
21 board of education for the school district, the presidents of
22 the appropriate board of education or school boards if the
23 investigation was requested from the Department of State
24 Police by the regional superintendent, the State
25 Superintendent of Education, the State Teacher Certification
26 Board or any other person necessary to the decision of hiring
27 the applicant for employment. A copy of the record of
28 convictions obtained from the Department of State Police
29 shall be provided to the applicant for employment. If an
30 investigation of an applicant for employment as a substitute
31 or concurrent part-time teacher or concurrent educational
32 support personnel employee in more than one school district
33 was requested by the regional superintendent, and the
34 Department of State Police upon investigation ascertains that
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1 the applicant has not been convicted of any of the enumerated
2 criminal or drug offenses in subsection (c) and so notifies
3 the regional superintendent, then the regional superintendent
4 shall issue to the applicant a certificate evidencing that as
5 of the date specified by the Department of State Police the
6 applicant has not been convicted of any of the enumerated
7 criminal or drug offenses in subsection (c). The school
8 board of any school district located in the educational
9 service region served by the regional superintendent who
10 issues such a certificate to an applicant for employment as a
11 substitute or concurrent part-time teacher or concurrent
12 educational support personnel employee in more than one such
13 district may rely on the certificate issued by the regional
14 superintendent to that applicant, or may initiate its own
15 investigation of the applicant through the Department of
16 State Police as provided in subsection (a). Any person who
17 releases any confidential information concerning any criminal
18 convictions of an applicant for employment shall be guilty of
19 a Class A misdemeanor, unless the release of such information
20 is authorized by this Section.
21 (c) The board of education shall not knowingly employ a
22 person who has been convicted for committing attempted first
23 degree murder or for committing or attempting to commit first
24 degree murder or a Class X felony or any one or more of the
25 following offenses: (i) those defined in Sections 11-6,
26 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
27 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
28 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
29 those defined in the Cannabis Control Act, except those
30 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
31 those defined in the Illinois Controlled Substances Act; and
32 (iv) any offense committed or attempted in any other state or
33 against the laws of the United States, which if committed or
34 attempted in this State, would have been punishable as one or
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1 more of the foregoing offenses. Further, the board of
2 education shall not knowingly employ a person who has been
3 found to be the perpetrator of sexual or physical abuse of
4 any minor under 18 years of age pursuant to proceedings under
5 Article II of the Juvenile Court Act of 1987.
6 (d) The board of education shall not knowingly employ a
7 person for whom a criminal background investigation has not
8 been initiated.
9 (e) Upon receipt of the record of a conviction of or a
10 finding of child abuse by a holder of any certificate issued
11 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
12 School Code, the board of education or the State
13 Superintendent of Education shall initiate the certificate
14 suspension and revocation proceedings authorized by law.
15 (f) After March 19, 1990, the provisions of this Section
16 shall apply to all employees of persons or firms holding
17 contracts with any school district including, but not limited
18 to, food service workers, school bus drivers and other
19 transportation employees, who have direct, daily contact with
20 the pupils of any school in such district. For purposes of
21 criminal background investigations on employees of persons or
22 firms holding contracts with more than one school district
23 and assigned to more than one school district, the regional
24 superintendent of the educational service region in which the
25 contracting school districts are located may, at the request
26 of any such school district, be responsible for receiving the
27 authorization for investigation prepared by each such
28 employee and submitting the same to the Department of State
29 Police. Any information concerning the record of conviction
30 of any such employee obtained by the regional superintendent
31 shall be promptly reported to the president of the
32 appropriate school board or school boards.
33 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
34 89-610, eff. 8-6-96.)
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1 Section 7. The Illinois School Student Records Act is
2 amended by changing Section 6 as follows:
3 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
4 Sec. 6. (a) No school student records or information
5 contained therein may be released, transferred, disclosed or
6 otherwise disseminated, except as follows:
7 (1) To a parent or student or person specifically
8 designated as a representative by a parent, as provided in
9 paragraph (a) of Section 5;
10 (2) To an employee or official of the school or school
11 district or State Board with current demonstrable educational
12 or administrative interest in the student, in furtherance of
13 such interest;
14 (3) To the official records custodian of another school
15 within Illinois or an official with similar responsibilities
16 of a school outside Illinois, in which the student has
17 enrolled, or intends to enroll, upon the request of such
18 official or student;
19 (4) To any person for the purpose of research,
20 statistical reporting or planning, provided that no student
21 or parent can be identified from the information released and
22 the person to whom the information is released signs an
23 affidavit agreeing to comply with all applicable statutes and
24 rules pertaining to school student records;
25 (5) Pursuant to a court order, provided that the parent
26 shall be given prompt written notice upon receipt of such
27 order of the terms of the order, the nature and substance of
28 the information proposed to be released in compliance with
29 such order and an opportunity to inspect and copy the school
30 student records and to challenge their contents pursuant to
31 Section 7;
32 (6) To any person as specifically required by State or
33 federal law;
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1 (7) Subject to regulations of the State Board, in
2 connection with an emergency, to appropriate persons if the
3 knowledge of such information is necessary to protect the
4 health or safety of the student or other persons; or
5 (8) To any person, with the prior specific dated written
6 consent of the parent designating the person to whom the
7 records may be released, provided that at the time any such
8 consent is requested or obtained, the parent shall be advised
9 in writing that he has the right to inspect and copy such
10 records in accordance with Section 5, to challenge their
11 contents in accordance with Section 7 and to limit any such
12 consent to designated records or designated portions of the
13 information contained therein; or
14 (9) To a governmental agency, or social service agency
15 contracted by a governmental agency, in furtherance of an
16 investigation of a student's school attendance pursuant to
17 the compulsory student attendance laws of this State,
18 provided that the records are released to the employee or
19 agent designated by the agency.
20 (b) No information may be released pursuant to
21 subparagraphs (3) or (6) of paragraph (a) of this Section 6
22 unless the parent receives prior written notice of the nature
23 and substance of the information proposed to be released, and
24 an opportunity to inspect and copy such records in accordance
25 with Section 5 and to challenge their contents in accordance
26 with Section 7. Provided, however, that such notice shall be
27 sufficient if published in a local newspaper of general
28 circulation or other publication directed generally to the
29 parents involved where the proposed release of information is
30 pursuant to subparagraph 6 of paragraph (a) in this Section 6
31 and relates to more than 25 students.
32 (c) A record of any release of information pursuant to
33 this Section must be made and kept as a part of the school
34 student record and subject to the access granted by Section
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1 5. Such record of release shall be maintained for the life of
2 the school student records and shall be available only to the
3 parent and the official records custodian. Each record of
4 release shall also include:
5 (1) The nature and substance of the information
6 released;
7 (2) The name and signature of the official records
8 custodian releasing such information;
9 (3) The name of the person requesting such information,
10 the capacity in which such a request has been made, and the
11 purpose of such request;
12 (4) The date of the release; and
13 (5) A copy of any consent to such release.
14 (d) Except for the student and his parents, no person to
15 whom information is released pursuant to this Section and no
16 person specifically designated as a representative by a
17 parent may permit any other person to have access to such
18 information without a prior consent of the parent obtained in
19 accordance with the requirements of subparagraph (8) of
20 paragraph (a) of this Section.
21 (e) Nothing contained in this Act shall prohibit the
22 publication of student directories which list student names,
23 addresses and other identifying information and similar
24 publications which comply with regulations issued by the
25 State Board.
26 (Source: P.A. 86-1028.)
27 Section 8. The Critical Health Problems and
28 Comprehensive Health Education Act is amended by changing
29 Section 3 as follows:
30 (105 ILCS 110/3) (from Ch. 122, par. 863)
31 Sec. 3. Comprehensive Health Education Program. The
32 program established under this Act shall include, but not be
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1 limited to, the following major educational areas as a basis
2 for curricula in all elementary and secondary schools in this
3 State: human ecology and health, human growth and
4 development, the emotional, psychological, physiological,
5 hygienic and social responsibilities of family life,
6 including sexual abstinence until marriage, prevention and
7 control of disease, including instruction in grades 6 through
8 12 on the prevention, transmission and spread of AIDS, public
9 and environmental health, consumer health, safety education
10 and disaster survival, mental health and illness, personal
11 health habits, alcohol, drug use, and abuse including the
12 medical and legal ramifications of alcohol, drug, and tobacco
13 use, abuse during pregnancy, sexual abstinence until
14 marriage, tobacco, nutrition, and dental health.
15 Notwithstanding the above educational areas, the following
16 areas may also be included as a basis for curricula in all
17 elementary and secondary schools in this State: basic first
18 aid (including, but not limited to, cardiopulmonary
19 resuscitation and the Heimlich maneuver), early prevention
20 and detection of cancer, heart disease, diabetes, stroke, and
21 the prevention of child abuse, neglect, and suicide. The
22 school board of each public elementary and secondary school
23 in the State is encouraged to have in its employ, or on its
24 volunteer staff, at least one person who is certified, by the
25 American Red Cross or by another qualified certifying agency,
26 as qualified to administer first aid and cardiopulmonary
27 resuscitation. In addition, each school board is authorized
28 to allocate appropriate portions of its institute or
29 inservice days to conduct training programs for teachers and
30 other school personnel who have expressed an interest in
31 becoming qualified to administer emergency first aid or
32 cardiopulmonary resuscitation. School boards are urged to
33 encourage their teachers and other school personnel who coach
34 school athletic programs and other extracurricular school
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1 activities to acquire, develop, and maintain the knowledge
2 and skills necessary to properly administer first aid and
3 cardiopulmonary resuscitation in accordance with standards
4 and requirements established by the American Red Cross or
5 another qualified certifying agency. However, No pupil shall
6 be required to take or participate in any class or course on
7 AIDS or family life instruction if his parent or guardian
8 submits written objection thereto, and refusal to take or
9 participate in the course or program shall not be reason for
10 suspension or expulsion of the pupil.
11 Curricula developed under programs established in
12 accordance with this Act in the major educational area of
13 alcohol and drug use and abuse shall include classroom
14 instruction in grades 5 through 12. The instruction, which
15 shall include matters relating to both the physical and legal
16 effects and ramifications of drug and substance abuse, shall
17 be integrated into existing curricula; and the State Board of
18 Education shall develop and make available to all elementary
19 and secondary schools in this State instructional materials
20 and guidelines which will assist the schools in incorporating
21 the instruction into their existing curricula. In addition,
22 school districts may offer, as part of existing curricula
23 during the school day or as part of an after school program,
24 support services and instruction for pupils or pupils whose
25 parent, parents, or guardians are chemically dependent.
26 (Source: P.A. 86-878; 86-941; 86-1028; 87-584; 87-1095.)
27 Section 10. The Juvenile Court Act of 1987 is amended by
28 changing Section 2-21 as follows:
29 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
30 (Text of Section before amendment by P.A. 89-704, 90-27,
31 and 90-28)
32 Sec. 2-21. Findings and adjudication.
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1 (1) After hearing the evidence the court shall determine
2 whether or not the minor is abused, neglected, or dependent.
3 If it finds that the minor is not such a person, the court
4 shall order the petition dismissed and the minor discharged.
5 The court's determination of whether the minor is abused,
6 neglected, or dependent shall be stated in writing with the
7 factual basis supporting that determination.
8 If the court finds that the minor is abused, neglected,
9 or dependent, the court shall then determine and put in
10 writing the factual basis supporting the determination of
11 whether the abuse, neglect, or dependency is the result of
12 physical abuse to the minor inflicted by a parent, guardian,
13 or legal custodian. That finding shall appear in the order
14 of the court.
15 If the court determines that a person has inflicted
16 physical or sexual abuse upon a minor, the court shall report
17 that determination to the Department of State Police, which
18 shall include that information in its report to the President
19 of the school board for a school district that requests a
20 criminal background investigation of that person as required
21 under Section 10-21.9 or 34-18.5 of the School Code.
22 (2) If the court determines and puts in writing the
23 factual basis supporting the determination that the minor is
24 either abused or neglected or dependent, the court shall then
25 set a time not later than 30 days after the entry of the
26 finding for a dispositional hearing to be conducted under
27 Section 2-22 at which hearing the court shall determine
28 whether it is in the best interests of the minor and the
29 public that he be made a ward of the court. To assist the
30 court in making this and other determinations at the
31 dispositional hearing, the court may order that an
32 investigation be conducted and a dispositional report be
33 prepared concerning the minor's physical and mental history
34 and condition, family situation and background, economic
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1 status, education, occupation, history of delinquency or
2 criminality, personal habits, and any other information that
3 may be helpful to the court. The dispositional hearing may
4 be continued once for a period not to exceed 30 days if the
5 court finds that such continuance is necessary to complete
6 the dispositional report.
7 (3) The time limits of this Section may be waived only
8 by consent of all parties and approval by the court, as
9 determined to be in the best interests of the minor.
10 (4) For all cases adjudicated prior to July 1, 1991, for
11 which no dispositional hearing has been held prior to that
12 date, a dispositional hearing under Section 2-22 shall be
13 held within 90 days of July 1, 1991.
14 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
15 12-2-94; 90-443, eff. 8-16-97.)
16 (Text of Section after amendment by P.A. 89-704, 90-27,
17 and 90-28)
18 Sec. 2-21. Findings and adjudication.
19 (1) The court shall state for the record the manner in
20 which the parties received service of process and shall note
21 whether the return or returns of service, postal return
22 receipt or receipts for notice by certified mail, or
23 certificate or certificates of publication have been filed in
24 the court record. The court shall enter any appropriate
25 orders of default against any parent who has been properly
26 served in any manner and fails to appear.
27 No further service of process as defined in Sections 2-15
28 and 2-16 is required in any subsequent proceeding for a
29 parent who was properly served in any manner, except as
30 required by Supreme Court Rule 11.
31 The caseworker shall testify about the diligent search
32 conducted for the parent.
33 After hearing the evidence the court shall determine
34 whether or not the minor is abused, neglected, or dependent.
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1 If it finds that the minor is not such a person, the court
2 shall order the petition dismissed and the minor discharged.
3 The court's determination of whether the minor is abused,
4 neglected, or dependent shall be stated in writing with the
5 factual basis supporting that determination.
6 If the court finds that the minor is abused, neglected,
7 or dependent, the court shall then determine and put in
8 writing the factual basis supporting the determination of
9 whether the abuse, neglect, or dependency is the result of
10 physical abuse to the minor inflicted by a parent, guardian,
11 or legal custodian. That finding shall appear in the order
12 of the court.
13 If the court finds that the child has been abused,
14 neglected or dependent, the court shall admonish the parents
15 that they must cooperate with the Department of Children and
16 Family Services, comply with the terms of the service plan,
17 and correct the conditions that require the child to be in
18 care, or risk termination of parental rights.
19 If the court determines that a person has inflicted
20 physical or sexual abuse upon a minor, the court shall report
21 that determination to the Department of State Police, which
22 shall include that information in its report to the President
23 of the school board for a school district that requests a
24 criminal background investigation of that person as required
25 under Section 10-21.9 or 34-18.5 of the School Code.
26 (2) If the court determines and puts in writing the
27 factual basis supporting the determination that the minor is
28 either abused or neglected or dependent, the court shall then
29 set a time not later than 30 days after the entry of the
30 finding for a dispositional hearing to be conducted under
31 Section 2-22 at which hearing the court shall determine
32 whether it is consistent with the health, safety and best
33 interests of the minor and the public that he be made a ward
34 of the court. To assist the court in making this and other
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1 determinations at the dispositional hearing, the court may
2 order that an investigation be conducted and a dispositional
3 report be prepared concerning the minor's physical and mental
4 history and condition, family situation and background,
5 economic status, education, occupation, history of
6 delinquency or criminality, personal habits, and any other
7 information that may be helpful to the court. The
8 dispositional hearing may be continued once for a period not
9 to exceed 30 days if the court finds that such continuance is
10 necessary to complete the dispositional report.
11 (3) The time limits of this Section may be waived only
12 by consent of all parties and approval by the court, as
13 determined to be consistent with the health, safety and best
14 interests of the minor.
15 (4) For all cases adjudicated prior to July 1, 1991, for
16 which no dispositional hearing has been held prior to that
17 date, a dispositional hearing under Section 2-22 shall be
18 held within 90 days of July 1, 1991.
19 (5) The court may terminate the parental rights of a
20 parent at the initial dispositional hearing if all of the
21 following conditions are met:
22 (i) the original or amended petition contains a
23 request for termination of parental rights and
24 appointment of a guardian with power to consent to
25 adoption; and
26 (ii) the court has found by a preponderance of
27 evidence, introduced or stipulated to at an adjudicatory
28 hearing, that the child comes under the jurisdiction of
29 the court as an abused, neglected, or dependent minor
30 under Section 2-18; and
31 (iii) the court finds, on the basis of clear and
32 convincing evidence admitted at the adjudicatory hearing
33 that the parent is an unfit person under subdivision D of
34 Section 1 of the Adoption Act; and
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1 (iv) the court determines in accordance with the
2 rules of evidence for dispositional proceedings, that:
3 (A) it is in the best interest of the minor
4 and public that the child be made a ward of the
5 court;
6 (A-5) reasonable efforts under subsection
7 (l-1) of Section 5 of the Children and Family
8 Services Act are inappropriate or such efforts were
9 made and were unsuccessful; and
10 (B) termination of parental rights and
11 appointment of a guardian with power to consent to
12 adoption is in the best interest of the child
13 pursuant to Section 2-29.
14 (Source: P.A. 89-704, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28,
15 eff. 1-1-98; 90-443, eff. 8-16-97.)
16 Section 95. No acceleration or delay. Where this Act
17 makes changes in a statute that is represented in this Act by
18 text that is not yet or no longer in effect (for example, a
19 Section represented by multiple versions), the use of that
20 text does not accelerate or delay the taking effect of (i)
21 the changes made by this Act or (ii) provisions derived from
22 any other Public Act.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.