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91_SB0390
LRB9104042NTsb
1 AN ACT to amend the School Code by changing Sections
2 10-19, 10-19.1, 18-8.05, and 34-18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 10-19, 10-19.1, 18-8.05, and 34-18 as follows:
7 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
8 Sec. 10-19. Length of school term - experimental
9 programs. Each school board shall annually prepare a calendar
10 for the school term, specifying the opening and closing dates
11 and providing a minimum term of at least 185 days to insure
12 176 days of actual pupil attendance, computable under Section
13 18-8.05; provided, however 18-8, except that for school years
14 subsequent to the 1999-2000 school year each school board
15 shall annually prepare a calendar for the school term,
16 specifying the opening and closing dates and providing a
17 minimum term to insure a minimum number of days of actual
18 pupil attendance, computable under Section 18-8.05, in
19 accordance with the following schedule:
20 Minimum Number of
21 Days of Actual
22 School Year Minimum Term Pupil Attendance
23 2000-2001 187 days 178 days
24 2001-2002 189 days 180 days
25 2002-2003 191 days 182 days
26 2003-2004 193 days 184 days
27 2004-2005 and
28 each subsequent
29 school year 195 days 186 days
30 Notwithstanding any other provisions of this Section, no
31 school board shall be required to provide in any school year
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1 a minimum term for a minimum number of days of actual pupil
2 attendance that exceeds the minimum term for the minimum
3 number of days of actual pupil attendance required for the
4 1999-2000 school year, unless the General Assembly, by a
5 separate appropriation made for purposes of this Section,
6 shall appropriate an amount sufficient to reimburse on a
7 current basis each school district for the additional costs
8 each such district will incur for that school year in
9 providing a minimum term for a minimum number of days of
10 actual pupil attendance that exceeds the minimum term for the
11 minimum number of days of actual pupil attendance required
12 for the 1999-2000 school year. The State Board of Education
13 shall certify to each school district prior to the start of
14 the 2000-2001 and each subsequent school year whether the
15 General Assembly has made the appropriation required by this
16 Section to be made in order for school districts to be
17 required to implement an increased minimum term for that
18 school year in accordance with the minimum term schedule
19 prescribed by this amendatory Act of the 91st General
20 Assembly. the 1980-1981 school year only 175 days of actual
21 pupil attendance shall be required because of the closing of
22 schools pursuant to Section 24-2 on January 29, 1981 upon the
23 appointment by the President of that day as a day of
24 thanksgiving for the freedom of the Americans who had been
25 held hostage in Iran.
26 Any days allowed by law for teachers' institute but not
27 used as such or used as parental institutes as provided in
28 Section 10-22.18d shall increase the minimum term by the
29 school days not so used. Except as provided in Section
30 10-19.1, the board may not extend the school term beyond such
31 closing date unless that extension of term is necessary to
32 provide the minimum number of computable days. In case of
33 such necessary extension school employees shall be paid for
34 such additional time on the basis of their regular contracts.
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1 A school board may specify a closing date earlier than that
2 set on the annual calendar when the schools of the district
3 have provided the minimum number of computable days under
4 this Section. Nothing in this Section prevents the board from
5 employing superintendents of schools, principals and other
6 nonteaching personnel for a period of 12 months, or in the
7 case of superintendents for a period in accordance with
8 Section 10-23.8, or prevents the board from employing other
9 personnel before or after the regular school term with
10 payment of salary proportionate to that received for
11 comparable work during the school term.
12 A school board may make such changes in its calendar for
13 the school term as may be required by any changes in the
14 legal school holidays prescribed in Section 24-2. A school
15 board may make changes in its calendar for the school term as
16 may be necessary to reflect the utilization of teachers'
17 institute days as parental institute days as provided in
18 Section 10-22.18d.
19 With the prior approval of the State Board of Education
20 and subject to review by the State Board of Education every 3
21 years, any school board may, by resolution of its board and
22 in agreement with affected exclusive collective bargaining
23 agents, establish experimental educational programs,
24 including but not limited to programs for self-directed
25 learning or outside of formal class periods, which programs
26 when so approved shall be considered to comply with the
27 requirements of this Section as respects numbers of days of
28 actual pupil attendance and with the other requirements of
29 this Act as respects courses of instruction.
30 (Source: P.A. 86-1250; 87-183.)
31 (105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
32 Sec. 10-19.1. Full year school plan. Any school district
33 may, by resolution of its board, operate one or more schools
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1 within the district on a full year school plan approved by
2 the State Board of Education. Any board which operates under
3 this Section shall devise a plan so that a student's required
4 attendance in school during a 12 month period shall be for
5 not less than the a minimum number of days term of 180 days
6 of actual pupil attendance required by Section 10-19 for the
7 school year during which that 12 month period commences, plus
8 including not more than 4 institute days; provided, however,
9 that during that a 12 month period a student's required
10 attendance in school, but shall not exceed, nor shall any
11 teacher be required to teach more than, the number of days
12 that is equal to the minimum term required to be provided by
13 Section 10-19 for the school year during which that 12 month
14 period commences 185 days. Under such plan, no teacher shall
15 be required to teach more than 185 days. A calendar of 180
16 days may be established with the approval of the State Board
17 of Education.
18 (Source: P.A. 81-1508.)
19 (105 ILCS 5/18-8.05)
20 Sec. 18-8.05. Basis for apportionment of general State
21 financial aid and supplemental general State aid to the
22 common schools for the 1998-1999 and subsequent school years.
23 (A) General Provisions.
24 (1) The provisions of this Section apply to the
25 1998-1999 and subsequent school years. The system of general
26 State financial aid provided for in this Section is designed
27 to assure that, through a combination of State financial aid
28 and required local resources, the financial support provided
29 each pupil in Average Daily Attendance equals or exceeds a
30 prescribed per pupil Foundation Level. This formula approach
31 imputes a level of per pupil Available Local Resources and
32 provides for the basis to calculate a per pupil level of
33 general State financial aid that, when added to Available
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1 Local Resources, equals or exceeds the Foundation Level. The
2 amount of per pupil general State financial aid for school
3 districts, in general, varies in inverse relation to
4 Available Local Resources. Per pupil amounts are based upon
5 each school district's Average Daily Attendance as that term
6 is defined in this Section.
7 (2) In addition to general State financial aid, school
8 districts with specified levels or concentrations of pupils
9 from low income households are eligible to receive
10 supplemental general State financial aid grants as provided
11 pursuant to subsection (H). The supplemental State aid grants
12 provided for school districts under subsection (H) shall be
13 appropriated for distribution to school districts as part of
14 the same line item in which the general State financial aid
15 of school districts is appropriated under this Section.
16 (3) To receive financial assistance under this Section,
17 school districts are required to file claims with the State
18 Board of Education, subject to the following requirements:
19 (a) Any school district which fails for any given
20 school year to maintain school as required by law, or to
21 maintain a recognized school is not eligible to file for
22 such school year any claim upon the Common School Fund.
23 In case of nonrecognition of one or more attendance
24 centers in a school district otherwise operating
25 recognized schools, the claim of the district shall be
26 reduced in the proportion which the Average Daily
27 Attendance in the attendance center or centers bear to
28 the Average Daily Attendance in the school district. A
29 "recognized school" means any public school which meets
30 the standards as established for recognition by the State
31 Board of Education. A school district or attendance
32 center not having recognition status at the end of a
33 school term is entitled to receive State aid payments due
34 upon a legal claim which was filed while it was
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1 recognized.
2 (b) School district claims filed under this Section
3 are subject to Sections 18-9, 18-10, and 18-12, except as
4 otherwise provided in this Section.
5 (c) If a school district operates a full year
6 school under Section 10-19.1, the general State aid to
7 the school district shall be determined by the State
8 Board of Education in accordance with this Section as
9 near as may be applicable.
10 (d) (Blank).
11 (4) Except as provided in subsections (H) and (L), the
12 board of any district receiving any of the grants provided
13 for in this Section may apply those funds to any fund so
14 received for which that board is authorized to make
15 expenditures by law.
16 School districts are not required to exert a minimum
17 Operating Tax Rate in order to qualify for assistance under
18 this Section.
19 (5) As used in this Section the following terms, when
20 capitalized, shall have the meaning ascribed herein:
21 (a) "Average Daily Attendance": A count of pupil
22 attendance in school, averaged as provided for in
23 subsection (C) and utilized in deriving per pupil
24 financial support levels.
25 (b) "Available Local Resources": A computation of
26 local financial support, calculated on the basis of
27 Average Daily Attendance and derived as provided pursuant
28 to subsection (D).
29 (c) "Corporate Personal Property Replacement
30 Taxes": Funds paid to local school districts pursuant to
31 "An Act in relation to the abolition of ad valorem
32 personal property tax and the replacement of revenues
33 lost thereby, and amending and repealing certain Acts and
34 parts of Acts in connection therewith", certified August
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1 14, 1979, as amended (Public Act 81-1st S.S.-1).
2 (d) "Foundation Level": A prescribed level of per
3 pupil financial support as provided for in subsection
4 (B).
5 (e) "Operating Tax Rate": All school district
6 property taxes extended for all purposes, except Bond and
7 Interest, Summer School, Rent, Capital Improvement, and
8 Vocational Education Building purposes.
9 (B) Foundation Level.
10 (1) The Foundation Level is a figure established by the
11 State representing the minimum level of per pupil financial
12 support that should be available to provide for the basic
13 education of each pupil in Average Daily Attendance. As set
14 forth in this Section, each school district is assumed to
15 exert a sufficient local taxing effort such that, in
16 combination with the aggregate of general State financial aid
17 provided the district, an aggregate of State and local
18 resources are available to meet the basic education needs of
19 pupils in the district.
20 (2) For the 1998-1999 school year, the Foundation Level
21 of support is $4,225. For the 1999-2000 school year, the
22 Foundation Level of support is $4,325. For the 2000-2001
23 school year, the Foundation Level of support is $4,425.
24 (3) For the 2001-2002 school year and each school year
25 thereafter, the Foundation Level of support is $4,425 or such
26 greater amount as may be established by law by the General
27 Assembly.
28 (C) Average Daily Attendance.
29 (1) For purposes of calculating general State aid
30 pursuant to subsection (E), an Average Daily Attendance
31 figure shall be utilized. The Average Daily Attendance
32 figure for formula calculation purposes shall be the monthly
33 average of the actual number of pupils in attendance of each
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1 school district, as further averaged for the best 3 months of
2 pupil attendance for each school district. In compiling the
3 figures for the number of pupils in attendance, school
4 districts and the State Board of Education shall, for
5 purposes of general State aid funding, conform attendance
6 figures to the requirements of subsection (F).
7 (2) The Average Daily Attendance figures utilized in
8 subsection (E) shall be the requisite attendance data for the
9 school year immediately preceding the school year for which
10 general State aid is being calculated.
11 (D) Available Local Resources.
12 (1) For purposes of calculating general State aid
13 pursuant to subsection (E), a representation of Available
14 Local Resources per pupil, as that term is defined and
15 determined in this subsection, shall be utilized. Available
16 Local Resources per pupil shall include a calculated dollar
17 amount representing local school district revenues from local
18 property taxes and from Corporate Personal Property
19 Replacement Taxes, expressed on the basis of pupils in
20 Average Daily Attendance.
21 (2) In determining a school district's revenue from
22 local property taxes, the State Board of Education shall
23 utilize the equalized assessed valuation of all taxable
24 property of each school district as of September 30 of the
25 previous year. The equalized assessed valuation utilized
26 shall be obtained and determined as provided in subsection
27 (G).
28 (3) For school districts maintaining grades kindergarten
29 through 12, local property tax revenues per pupil shall be
30 calculated as the product of the applicable equalized
31 assessed valuation for the district multiplied by 3.00%, and
32 divided by the district's Average Daily Attendance figure.
33 For school districts maintaining grades kindergarten through
34 8, local property tax revenues per pupil shall be calculated
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1 as the product of the applicable equalized assessed valuation
2 for the district multiplied by 2.30%, and divided by the
3 district's Average Daily Attendance figure. For school
4 districts maintaining grades 9 through 12, local property tax
5 revenues per pupil shall be the applicable equalized assessed
6 valuation of the district multiplied by 1.20%, and divided by
7 the district's Average Daily Attendance figure.
8 (4) The Corporate Personal Property Replacement Taxes
9 paid to each school district during the calendar year 2 years
10 before the calendar year in which a school year begins,
11 divided by the Average Daily Attendance figure for that
12 district, shall be added to the local property tax revenues
13 per pupil as derived by the application of the immediately
14 preceding paragraph (3). The sum of these per pupil figures
15 for each school district shall constitute Available Local
16 Resources as that term is utilized in subsection (E) in the
17 calculation of general State aid.
18 (E) Computation of General State Aid.
19 (1) For each school year, the amount of general State
20 aid allotted to a school district shall be computed by the
21 State Board of Education as provided in this subsection.
22 (2) For any school district for which Available Local
23 Resources per pupil is less than the product of 0.93 times
24 the Foundation Level, general State aid for that district
25 shall be calculated as an amount equal to the Foundation
26 Level minus Available Local Resources, multiplied by the
27 Average Daily Attendance of the school district.
28 (3) For any school district for which Available Local
29 Resources per pupil is equal to or greater than the product
30 of 0.93 times the Foundation Level and less than the product
31 of 1.75 times the Foundation Level, the general State aid per
32 pupil shall be a decimal proportion of the Foundation Level
33 derived using a linear algorithm. Under this linear
34 algorithm, the calculated general State aid per pupil shall
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1 decline in direct linear fashion from 0.07 times the
2 Foundation Level for a school district with Available Local
3 Resources equal to the product of 0.93 times the Foundation
4 Level, to 0.05 times the Foundation Level for a school
5 district with Available Local Resources equal to the product
6 of 1.75 times the Foundation Level. The allocation of
7 general State aid for school districts subject to this
8 paragraph 3 shall be the calculated general State aid per
9 pupil figure multiplied by the Average Daily Attendance of
10 the school district.
11 (4) For any school district for which Available Local
12 Resources per pupil equals or exceeds the product of 1.75
13 times the Foundation Level, the general State aid for the
14 school district shall be calculated as the product of $218
15 multiplied by the Average Daily Attendance of the school
16 district.
17 (F) Compilation of Average Daily Attendance.
18 (1) Each school district shall, by July 1 of each year,
19 submit to the State Board of Education, on forms prescribed
20 by the State Board of Education, attendance figures for the
21 school year that began in the preceding calendar year. The
22 attendance information so transmitted shall identify the
23 average daily attendance figures for each month of the school
24 year, except that any days of attendance in July and August
25 shall be added to the month of September and any days of
26 attendance in June shall be added to the month of May.
27 Except as otherwise provided in this Section, days of
28 attendance by pupils shall be counted only for sessions of
29 not less than 5 clock hours of school work per day under
30 direct supervision of: (i) teachers, or (ii) non-teaching
31 personnel or volunteer personnel when engaging in
32 non-teaching duties and supervising in those instances
33 specified in subsection (a) of Section 10-22.34 and paragraph
34 10 of Section 34-18, with pupils of legal school age and in
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1 kindergarten and grades 1 through 12.
2 Days of attendance by tuition pupils shall be accredited
3 only to the districts that pay the tuition to a recognized
4 school.
5 (2) Days of attendance by pupils of less than 5 clock
6 hours of school shall be subject to the following provisions
7 in the compilation of Average Daily Attendance.
8 (a) Pupils regularly enrolled in a public school
9 for only a part of the school day may be counted on the
10 basis of 1/6 day for every class hour of instruction of
11 40 minutes or more attended pursuant to such enrollment.
12 (b) Days of attendance may be less than 5 clock
13 hours on the opening and closing of the school term, and
14 upon the first day of pupil attendance, if preceded by a
15 day or days utilized as an institute or teachers'
16 workshop.
17 (c) A session of 4 or more clock hours may be
18 counted as a day of attendance upon certification by the
19 regional superintendent, and approved by the State
20 Superintendent of Education to the extent that the
21 district has been forced to use daily multiple sessions.
22 (d) A session of 3 or more clock hours may be
23 counted as a day of attendance (1) when the remainder of
24 the school day or at least 2 hours in the evening of that
25 day is utilized for an in-service training program for
26 teachers, up to a maximum of 5 days per school year of
27 which a maximum of 4 days of such 5 days may be used for
28 parent-teacher conferences, provided a district conducts
29 an in-service training program for teachers which has
30 been approved by the State Superintendent of Education;
31 or, in lieu of 4 such days, 2 full days may be used, in
32 which event each such day may be counted as a day of
33 attendance; and (2) when days in addition to those
34 provided in item (1) are scheduled by a school pursuant
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1 to its school improvement plan adopted under Article 34
2 or its revised or amended school improvement plan adopted
3 under Article 2, provided that (i) such sessions of 3 or
4 more clock hours are scheduled to occur at regular
5 intervals, (ii) the remainder of the school days in which
6 such sessions occur are utilized for in-service training
7 programs or other staff development activities for
8 teachers, and (iii) a sufficient number of minutes of
9 school work under the direct supervision of teachers are
10 added to the school days between such regularly scheduled
11 sessions to accumulate not less than the number of
12 minutes by which such sessions of 3 or more clock hours
13 fall short of 5 clock hours. Any full days used for the
14 purposes of this paragraph shall not be considered for
15 computing average daily attendance. Days scheduled for
16 in-service training programs, staff development
17 activities, or parent-teacher conferences may be
18 scheduled separately for different grade levels and
19 different attendance centers of the district.
20 (e) A session of not less than one clock hour of
21 teaching of hospitalized or homebound pupils on-site or
22 by telephone to the classroom may be counted as 1/2 day
23 of attendance, however these pupils must receive 4 or
24 more clock hours of instruction to be counted for a full
25 day of attendance.
26 (f) A session of at least 4 clock hours may be
27 counted as a day of attendance for first grade pupils,
28 and pupils in full day kindergartens, and a session of 2
29 or more hours may be counted as 1/2 day of attendance by
30 pupils in kindergartens which provide only 1/2 day of
31 attendance.
32 (g) For children with disabilities who are below
33 the age of 6 years and who cannot attend 2 or more clock
34 hours because of their disability or immaturity, a
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1 session of not less than one clock hour may be counted as
2 1/2 day of attendance; however for such children whose
3 educational needs so require a session of 4 or more clock
4 hours may be counted as a full day of attendance.
5 (h) A recognized kindergarten which provides for
6 only 1/2 day of attendance by each pupil shall not have
7 more than 1/2 day of attendance counted in any one 1 day.
8 However, kindergartens may count 2 1/2 days of attendance
9 in any 5 consecutive school days. When a pupil attends
10 such a kindergarten for 2 half days on any one school
11 day, the pupil shall have the following day as a day
12 absent from school, unless the school district obtains
13 permission in writing from the State Superintendent of
14 Education. Attendance at kindergartens which provide for
15 a full day of attendance by each pupil shall be counted
16 the same as attendance by first grade pupils. Only the
17 first year of attendance in one kindergarten shall be
18 counted, except in case of children who entered the
19 kindergarten in their fifth year whose educational
20 development requires a second year of kindergarten as
21 determined under the rules and regulations of the State
22 Board of Education.
23 (G) Equalized Assessed Valuation Data.
24 (1) For purposes of the calculation of Available Local
25 Resources required pursuant to subsection (D), the State
26 Board of Education shall secure from the Department of
27 Revenue the value as equalized or assessed by the Department
28 of Revenue of all taxable property of every school district
29 together with the applicable tax rate used in extending taxes
30 for the funds of the district as of September 30 of the
31 previous year.
32 This equalized assessed valuation, as adjusted further by
33 the requirements of this subsection, shall be utilized in the
34 calculation of Available Local Resources.
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1 (2) The equalized assessed valuation in paragraph (1)
2 shall be adjusted, as applicable, in the following manner:
3 (a) For the purposes of calculating State aid under
4 this Section, with respect to any part of a school
5 district within a redevelopment project area in respect
6 to which a municipality has adopted tax increment
7 allocation financing pursuant to the Tax Increment
8 Allocation Redevelopment Act, Sections 11-74.4-1 through
9 11-74.4-11 of the Illinois Municipal Code or the
10 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11 11-74.6-50 of the Illinois Municipal Code, no part of the
12 current equalized assessed valuation of real property
13 located in any such project area which is attributable to
14 an increase above the total initial equalized assessed
15 valuation of such property shall be used as part of the
16 equalized assessed valuation of the district, until such
17 time as all redevelopment project costs have been paid,
18 as provided in Section 11-74.4-8 of the Tax Increment
19 Allocation Redevelopment Act or in Section 11-74.6-35 of
20 the Industrial Jobs Recovery Law. For the purpose of the
21 equalized assessed valuation of the district, the total
22 initial equalized assessed valuation or the current
23 equalized assessed valuation, whichever is lower, shall
24 be used until such time as all redevelopment project
25 costs have been paid.
26 (b) The real property equalized assessed valuation
27 for a school district shall be adjusted by subtracting
28 from the real property value as equalized or assessed by
29 the Department of Revenue for the district an amount
30 computed by dividing the amount of any abatement of taxes
31 under Section 18-170 of the Property Tax Code by 3.00%
32 for a district maintaining grades kindergarten through 12
33 , or by 2.30% for a district maintaining grades
34 kindergarten through 8, or by 1.20% for a district
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1 maintaining grades 9 through 12 and adjusted by an amount
2 computed by dividing the amount of any abatement of taxes
3 under subsection (a) of Section 18-165 of the Property
4 Tax Code by the same percentage rates for district type
5 as specified in this subparagraph (b) (c).
6 (H) Supplemental General State Aid.
7 (1) In addition to the general State aid a school
8 district is allotted pursuant to subsection (E), qualifying
9 school districts shall receive a grant, paid in conjunction
10 with a district's payments of general State aid, for
11 supplemental general State aid based upon the concentration
12 level of children from low-income households within the
13 school district. Supplemental State aid grants provided for
14 school districts under this subsection shall be appropriated
15 for distribution to school districts as part of the same line
16 item in which the general State financial aid of school
17 districts is appropriated under this Section. For purposes of
18 this subsection, the term "Low-Income Concentration Level"
19 shall be the low-income eligible pupil count from the most
20 recently available federal census divided by the Average
21 Daily Attendance of the school district.
22 (2) Supplemental general State aid pursuant to this
23 subsection shall be provided as follows:
24 (a) For any school district with a Low Income
25 Concentration Level of at least 20% and less than 35%,
26 the grant for any school year shall be $800 multiplied by
27 the low income eligible pupil count.
28 (b) For any school district with a Low Income
29 Concentration Level of at least 35% and less than 50%,
30 the grant for the 1998-1999 school year shall be $1,100
31 multiplied by the low income eligible pupil count.
32 (c) For any school district with a Low Income
33 Concentration Level of at least 50% and less than 60%,
34 the grant for the 1998-99 school year shall be $1,500
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1 multiplied by the low income eligible pupil count.
2 (d) For any school district with a Low Income
3 Concentration Level of 60% or more, the grant for the
4 1998-99 school year shall be $1,900 multiplied by the low
5 income eligible pupil count.
6 (e) For the 1999-2000 school year, the per pupil
7 amount specified in subparagraphs (b), (c), and (d),
8 immediately above shall be increased by $100 to $1,200,
9 $1,600, and $2,000, respectively.
10 (f) For the 2000-2001 school year, the per pupil
11 amounts specified in subparagraphs (b), (c) and (d)
12 immediately above shall be increased to $1,230, $1,640,
13 and $2,050, respectively.
14 (3) School districts with an Average Daily Attendance of
15 more than 1,000 and less than 50,000 that qualify for
16 supplemental general State aid pursuant to this subsection
17 shall submit a plan to the State Board of Education prior to
18 October 30 of each year for the use of the funds resulting
19 from this grant of supplemental general State aid for the
20 improvement of instruction in which priority is given to
21 meeting the education needs of disadvantaged children. Such
22 plan shall be submitted in accordance with rules and
23 regulations promulgated by the State Board of Education.
24 (4) School districts with an Average Daily Attendance of
25 50,000 or more that qualify for supplemental general State
26 aid pursuant to this subsection shall be required to
27 distribute from funds available pursuant to this Section, no
28 less than $261,000,000 in accordance with the following
29 requirements:
30 (a) The required amounts shall be distributed to
31 the attendance centers within the district in proportion
32 to the number of pupils enrolled at each attendance
33 center who are eligible to receive free or reduced-price
34 lunches or breakfasts under the federal Child Nutrition
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1 Act of 1966 and under the National School Lunch Act
2 during the immediately preceding school year.
3 (b) The distribution of these portions of
4 supplemental and general State aid among attendance
5 centers according to these requirements shall not be
6 compensated for or contravened by adjustments of the
7 total of other funds appropriated to any attendance
8 centers, and the Board of Education shall utilize funding
9 from one or several sources in order to fully implement
10 this provision annually prior to the opening of school.
11 (c) Each attendance center shall be provided by the
12 school district a distribution of noncategorical funds
13 and other categorical funds to which an attendance center
14 is entitled under law in order that the general State aid
15 and supplemental general State aid provided by
16 application of this subsection supplements rather than
17 supplants the noncategorical funds and other categorical
18 funds provided by the school district to the attendance
19 centers.
20 (d) Any funds made available under this subsection
21 that by reason of the provisions of this subsection are
22 not required to be allocated and provided to attendance
23 centers may be used and appropriated by the board of the
24 district for any lawful school purpose.
25 (e) Funds received by an attendance center pursuant
26 to this subsection shall be used by the attendance center
27 at the discretion of the principal and local school
28 council for programs to improve educational opportunities
29 at qualifying schools through the following programs and
30 services: early childhood education, reduced class size
31 or improved adult to student classroom ratio, enrichment
32 programs, remedial assistance, attendance improvement,
33 and other educationally beneficial expenditures which
34 supplement the regular and basic programs as determined
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1 by the State Board of Education. Funds provided shall
2 not be expended for any political or lobbying purposes as
3 defined by board rule.
4 (f) Each district subject to the provisions of this
5 subdivision (H)(4) shall submit an acceptable plan to
6 meet the educational needs of disadvantaged children, in
7 compliance with the requirements of this paragraph, to
8 the State Board of Education prior to July 15 of each
9 year. This plan shall be consistent with the decisions of
10 local school councils concerning the school expenditure
11 plans developed in accordance with part 4 of Section
12 34-2.3. The State Board shall approve or reject the plan
13 within 60 days after its submission. If the plan is
14 rejected, the district shall give written notice of
15 intent to modify the plan within 15 days of the
16 notification of rejection and then submit a modified plan
17 within 30 days after the date of the written notice of
18 intent to modify. Districts may amend approved plans
19 pursuant to rules promulgated by the State Board of
20 Education.
21 Upon notification by the State Board of Education
22 that the district has not submitted a plan prior to July
23 15 or a modified plan within the time period specified
24 herein, the State aid funds affected by that plan or
25 modified plan shall be withheld by the State Board of
26 Education until a plan or modified plan is submitted.
27 If the district fails to distribute State aid to
28 attendance centers in accordance with an approved plan,
29 the plan for the following year shall allocate funds, in
30 addition to the funds otherwise required by this
31 subsection, to those attendance centers which were
32 underfunded during the previous year in amounts equal to
33 such underfunding.
34 For purposes of determining compliance with this
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1 subsection in relation to the requirements of attendance
2 center funding, each district subject to the provisions
3 of this subsection shall submit as a separate document by
4 December 1 of each year a report of expenditure data for
5 the prior year in addition to any modification of its
6 current plan. If it is determined that there has been a
7 failure to comply with the expenditure provisions of this
8 subsection regarding contravention or supplanting, the
9 State Superintendent of Education shall, within 60 days
10 of receipt of the report, notify the district and any
11 affected local school council. The district shall within
12 45 days of receipt of that notification inform the State
13 Superintendent of Education of the remedial or corrective
14 action to be taken, whether by amendment of the current
15 plan, if feasible, or by adjustment in the plan for the
16 following year. Failure to provide the expenditure
17 report or the notification of remedial or corrective
18 action in a timely manner shall result in a withholding
19 of the affected funds.
20 The State Board of Education shall promulgate rules
21 and regulations to implement the provisions of this
22 subsection. No funds shall be released under this
23 subdivision (H)(4) to any district that has not submitted
24 a plan that has been approved by the State Board of
25 Education.
26 (I) General State Aid for Newly Configured School Districts.
27 (1) For a new school district formed by combining
28 property included totally within 2 or more previously
29 existing school districts, for its first year of existence
30 the general State aid and supplemental general State aid
31 calculated under this Section shall be computed for the new
32 district and for the previously existing districts for which
33 property is totally included within the new district. If the
34 computation on the basis of the previously existing districts
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1 is greater, a supplementary payment equal to the difference
2 shall be made for the first 4 years of existence of the new
3 district.
4 (2) For a school district which annexes all of the
5 territory of one or more entire other school districts, for
6 the first year during which the change of boundaries
7 attributable to such annexation becomes effective for all
8 purposes as determined under Section 7-9 or 7A-8, the general
9 State aid and supplemental general State aid calculated under
10 this Section shall be computed for the annexing district as
11 constituted after the annexation and for the annexing and
12 each annexed district as constituted prior to the annexation;
13 and if the computation on the basis of the annexing and
14 annexed districts as constituted prior to the annexation is
15 greater, a supplementary payment equal to the difference
16 shall be made for the first 4 years of existence of the
17 annexing school district as constituted upon such annexation.
18 (3) For 2 or more school districts which annex all of
19 the territory of one or more entire other school districts,
20 and for 2 or more community unit districts which result upon
21 the division (pursuant to petition under Section 11A-2) of
22 one or more other unit school districts into 2 or more parts
23 and which together include all of the parts into which such
24 other unit school district or districts are so divided, for
25 the first year during which the change of boundaries
26 attributable to such annexation or division becomes effective
27 for all purposes as determined under Section 7-9 or 11A-10,
28 as the case may be, the general State aid and supplemental
29 general State aid calculated under this Section shall be
30 computed for each annexing or resulting district as
31 constituted after the annexation or division and for each
32 annexing and annexed district, or for each resulting and
33 divided district, as constituted prior to the annexation or
34 division; and if the aggregate of the general State aid and
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1 supplemental general State aid as so computed for the
2 annexing or resulting districts as constituted after the
3 annexation or division is less than the aggregate of the
4 general State aid and supplemental general State aid as so
5 computed for the annexing and annexed districts, or for the
6 resulting and divided districts, as constituted prior to the
7 annexation or division, then a supplementary payment equal to
8 the difference shall be made and allocated between or among
9 the annexing or resulting districts, as constituted upon such
10 annexation or division, for the first 4 years of their
11 existence. The total difference payment shall be allocated
12 between or among the annexing or resulting districts in the
13 same ratio as the pupil enrollment from that portion of the
14 annexed or divided district or districts which is annexed to
15 or included in each such annexing or resulting district bears
16 to the total pupil enrollment from the entire annexed or
17 divided district or districts, as such pupil enrollment is
18 determined for the school year last ending prior to the date
19 when the change of boundaries attributable to the annexation
20 or division becomes effective for all purposes. The amount
21 of the total difference payment and the amount thereof to be
22 allocated to the annexing or resulting districts shall be
23 computed by the State Board of Education on the basis of
24 pupil enrollment and other data which shall be certified to
25 the State Board of Education, on forms which it shall provide
26 for that purpose, by the regional superintendent of schools
27 for each educational service region in which the annexing and
28 annexed districts, or resulting and divided districts are
29 located.
30 (3.5) Claims for financial assistance under this
31 subsection (I) shall not be recomputed except as expressly
32 provided under this Section.
33 (4) Any supplementary payment made under this subsection
34 (I) shall be treated as separate from all other payments made
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1 pursuant to this Section.
2 (J) Supplementary Grants in Aid.
3 (1) Notwithstanding any other provisions of this
4 Section, the amount of the aggregate general State aid in
5 combination with supplemental general State aid under this
6 Section for which each school district is eligible shall be
7 no less than the amount of the aggregate general State aid
8 entitlement that was received by the district under Section
9 18-8 (exclusive of amounts received under subsections 5(p)
10 and 5(p-5) of that Section) for the 1997-98 school year,
11 pursuant to the provisions of that Section as it was then in
12 effect. If a school district qualifies to receive a
13 supplementary payment made under this subsection (J), the
14 amount of the aggregate general State aid in combination with
15 supplemental general State aid under this Section which that
16 district is eligible to receive for each school year shall be
17 no less than the amount of the aggregate general State aid
18 entitlement that was received by the district under Section
19 18-8 (exclusive of amounts received under subsections 5(p)
20 and 5(p-5) of that Section) for the 1997-1998 school year,
21 pursuant to the provisions of that Section as it was then in
22 effect.
23 (2) If, as provided in paragraph (1) of this subsection
24 (J), a school district is to receive aggregate general State
25 aid in combination with supplemental general State aid under
26 this Section for the 1998-99 school year and any subsequent
27 school year that in any such school year is less than the
28 amount of the aggregate general State aid entitlement that
29 the district received for the 1997-98 school year, the school
30 district shall also receive, from a separate appropriation
31 made for purposes of this subsection (J), a supplementary
32 payment that is equal to the amount of the difference in the
33 aggregate State aid figures as described in paragraph (1).
34 (3) (Blank).
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1 (K) Grants to Laboratory and Alternative Schools.
2 In calculating the amount to be paid to the governing
3 board of a public university that operates a laboratory
4 school under this Section or to any alternative school that
5 is operated by a regional superintendent of schools, the
6 State Board of Education shall require by rule such reporting
7 requirements as it deems necessary.
8 As used in this Section, "laboratory school" means a
9 public school which is created and operated by a public
10 university and approved by the State Board of Education. The
11 governing board of a public university which receives funds
12 from the State Board under this subsection (K) may not
13 increase the number of students enrolled in its laboratory
14 school from a single district, if that district is already
15 sending 50 or more students, except under a mutual agreement
16 between the school board of a student's district of residence
17 and the university which operates the laboratory school. A
18 laboratory school may not have more than 1,000 students,
19 excluding students with disabilities in a special education
20 program.
21 As used in this Section, "alternative school" means a
22 public school which is created and operated by a Regional
23 Superintendent of Schools and approved by the State Board of
24 Education. Such alternative schools may offer courses of
25 instruction for which credit is given in regular school
26 programs, courses to prepare students for the high school
27 equivalency testing program or vocational and occupational
28 training. A regional superintendent of schools may contract
29 with a school district or a public community college district
30 to operate an alternative school. An alternative school
31 serving more than one educational service region may be
32 established by the regional superintendents of schools of
33 those the affected educational service regions. An
34 alternative school serving more than one educational service
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1 region may be operated under such terms as the regional
2 superintendents of schools of those educational service
3 regions may agree.
4 Each laboratory and alternative school shall file, on
5 forms provided by the State Superintendent of Education, an
6 annual State aid claim which states the Average Daily
7 Attendance of the school's students by month. The best 3
8 months' Average Daily Attendance shall be computed for each
9 school. The general State aid entitlement shall be computed
10 by multiplying the applicable Average Daily Attendance by the
11 Foundation Level as determined under this Section.
12 (L) Payments, Additional Grants in Aid and Other
13 Requirements.
14 (1) For a school district operating under the financial
15 supervision of an Authority created under Article 34A, the
16 general State aid otherwise payable to that district under
17 this Section, but not the supplemental general State aid,
18 shall be reduced by an amount equal to the budget for the
19 operations of the Authority as certified by the Authority to
20 the State Board of Education, and an amount equal to such
21 reduction shall be paid to the Authority created for such
22 district for its operating expenses in the manner provided in
23 Section 18-11. The remainder of general State school aid for
24 any such district shall be paid in accordance with Article
25 34A when that Article provides for a disposition other than
26 that provided by this Article.
27 (2) Impaction. Impaction payments shall be made as
28 provided for in Section 18-4.2.
29 (3) Summer school. Summer school payments shall be made
30 as provided in Section 18-4.3.
31 (M) Education Funding Advisory Board.
32 The Education Funding Advisory Board, hereinafter in this
33 subsection (M) referred to as the "Board", is hereby created.
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1 The Board shall consist of 5 members who are appointed by the
2 Governor, by and with the advice and consent of the Senate.
3 The members appointed shall include representatives of
4 education, business, and the general public. One of the
5 members so appointed shall be designated by the Governor at
6 the time the appointment is made as the chairperson of the
7 Board. The initial members of the Board may be appointed any
8 time after the effective date of this amendatory Act of 1997.
9 The regular term of each member of the Board shall be for 4
10 years from the third Monday of January of the year in which
11 the term of the member's appointment is to commence, except
12 that of the 5 initial members appointed to serve on the
13 Board, the member who is appointed as the chairperson shall
14 serve for a term that commences on the date of his or her
15 appointment and expires on the third Monday of January, 2002,
16 and the remaining 4 members, by lots drawn at the first
17 meeting of the Board that is held after all 5 members are
18 appointed, shall determine 2 of their number to serve for
19 terms that commence on the date of their respective
20 appointments and expire on the third Monday of January, 2001,
21 and 2 of their number to serve for terms that commence on the
22 date of their respective appointments and expire on the third
23 Monday of January, 2000. All members appointed to serve on
24 the Board shall serve until their respective successors are
25 appointed and confirmed. Vacancies shall be filled in the
26 same manner as original appointments. If a vacancy in
27 membership occurs at a time when the Senate is not in
28 session, the Governor shall make a temporary appointment
29 until the next meeting of the Senate, when he or she shall
30 appoint, by and with the advice and consent of the Senate, a
31 person to fill that membership for the unexpired term. If
32 the Senate is not in session when the initial appointments
33 are made, those appointments shall be made as in the case of
34 vacancies.
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1 The Education Funding Advisory Board shall be deemed
2 established, and the initial members appointed by the
3 Governor to serve as members of the Board shall take office,
4 on the date that the Governor makes his or her appointment of
5 the fifth initial member of the Board, whether those initial
6 members are then serving pursuant to appointment and
7 confirmation or pursuant to temporary appointments that are
8 made by the Governor as in the case of vacancies.
9 The State Board of Education shall provide such staff
10 assistance to the Education Funding Advisory Board as is
11 reasonably required for the proper performance by the Board
12 of its responsibilities.
13 For school years after the 2000-2001 school year, the
14 Education Funding Advisory Board, in consultation with the
15 State Board of Education, shall make recommendations as
16 provided in this subsection (M) to the General Assembly for
17 the foundation level under subdivision (B)(3) of this Section
18 and for the supplemental general State aid grant level under
19 subsection (H) of this Section for districts with high
20 concentrations of children from poverty. The recommended
21 foundation level shall be determined based on a methodology
22 which incorporates the basic education expenditures of
23 low-spending schools exhibiting high academic performance.
24 The Education Funding Advisory Board shall make such
25 recommendations to the General Assembly on January 1 of odd
26 numbered years, beginning January 1, 2001.
27 (N) General State Aid Adjustment Grant.
28 (1) Any school district subject to property tax
29 extension limitations as imposed under the provisions of the
30 Property Tax Extension Limitation Law shall be entitled to
31 receive, subject to the qualifications and requirements of
32 this subsection, a general State aid adjustment grant.
33 Eligibility for this grant shall be determined on an annual
34 basis and claims for grant payments shall be paid subject to
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1 appropriations made specific to this subsection. For
2 purposes of this subsection the following terms shall have
3 the following meanings:
4 "Budget Year": The school year for which general State
5 aid is calculated and awarded under subsection (E).
6 "Current Year": The school year immediately preceding
7 the Budget Year.
8 "Base Tax Year": The property tax levy year used to
9 calculate the Budget Year allocation of general State aid.
10 "Preceding Tax Year": The property tax levy year
11 immediately preceding the Base Tax Year.
12 "Extension Limitation Ratio": A numerical ratio,
13 certified by a school district's County Clerk, in which the
14 numerator is the Base Tax Year's tax extension amount
15 resulting from the Limiting Rate and the denominator is the
16 Preceding Tax Year's tax extension amount resulting from the
17 Limiting Rate.
18 "Limiting Rate": The limiting rate as defined in the
19 Property Tax Extension Limitation Law.
20 "Preliminary Tax Rate": The tax rate for all purposes
21 except bond and interest that would have been used to extend
22 those taxes absent the provisions of the Property Tax
23 Extension Limitation Law.
24 (2) To qualify for a general State aid adjustment grant,
25 a school district must meet all of the following eligibility
26 criteria for each Budget Year for which a grant is claimed:
27 (a) (Blank).
28 (b) The Preliminary Tax Rate of the school district
29 for the Base Tax Year was reduced by the Clerk of the
30 County as a result of the requirements of the Property
31 Tax Extension Limitation Law.
32 (c) The Available Local Resources per pupil of the
33 school district as calculated pursuant to subsection (D)
34 using the Base Tax Year are less than the product of 1.75
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1 times the Foundation Level for the Budget Year.
2 (d) The school district has filed a proper and
3 timely claim for a general State aid adjustment grant as
4 required under this subsection.
5 (3) A claim for grant assistance under this subsection
6 shall be filed with the State Board of Education on or before
7 April 1 of the Current Year for a grant for the Budget Year.
8 The claim shall be made on forms prescribed by the State
9 Board of Education and must be accompanied by a written
10 statement from the Clerk of the County, certifying:
11 (a) That the school district had its Preliminary
12 Tax Rate for the Base Tax Year reduced as a result of the
13 Property Tax Extension Limitation Law.
14 (b) (Blank).
15 (c) The Extension Limitation Ratio as that term is
16 defined in this subsection.
17 (4) On or before August 1 of the Budget Year the State
18 Board of Education shall calculate, for all school districts
19 meeting the other requirements of this subsection, the amount
20 of the general State aid adjustment grant, if any, that the
21 school districts are eligible to receive in the Budget Year.
22 The amount of the general State aid adjustment grant shall be
23 calculated as follows:
24 (a) Determine the school district's general State
25 aid grant for the Budget Year as provided in accordance
26 with the provisions of subsection (E).
27 (b) Determine the school district's adjusted level
28 of general State aid by utilizing in the calculation of
29 Available Local Resources the equalized assessed
30 valuation that was used to calculate the general State
31 aid for the preceding fiscal year multiplied by the
32 Extension Limitation Ratio.
33 (c) Subtract the sum derived in subparagraph (a)
34 from the sum derived in subparagraph (b). If the result
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1 is a positive number, that amount shall be the general
2 State aid adjustment grant that the district is eligible
3 to receive.
4 (5) The State Board of Education shall in the Current
5 Year, based upon claims filed in the Current Year, recommend
6 to the General Assembly an appropriation amount for the
7 general State aid adjustment grants to be made in the Budget
8 Year.
9 (6) Claims for general State aid adjustment grants shall
10 be paid in a lump sum on or before January 1 of the Budget
11 Year only from appropriations made by the General Assembly
12 expressly for claims under this subsection. No such claims
13 may be paid from amounts appropriated for any other purpose
14 provided for under this Section. In the event that the
15 appropriation for claims under this subsection is
16 insufficient to meet all Budget Year claims for a general
17 State aid adjustment grant, the appropriation available shall
18 be proportionately prorated by the State Board of Education
19 amongst all districts filing for and entitled to payments.
20 (7) The State Board of Education shall promulgate the
21 required claim forms and rules necessary to implement the
22 provisions of this subsection.
23 (O) References.
24 (1) References in other laws to the various subdivisions
25 of Section 18-8 as that Section existed before its repeal and
26 replacement by this Section 18-8.05 shall be deemed to refer
27 to the corresponding provisions of this Section 18-8.05, to
28 the extent that those references remain applicable.
29 (2) References in other laws to State Chapter 1 funds
30 shall be deemed to refer to the supplemental general State
31 aid provided under subsection (H) of this Section.
32 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
33 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
34 7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.)
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1 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
2 Sec. 34-18. Powers of the board. The board shall
3 exercise general supervision and jurisdiction over the public
4 education and the public school system of the city, and,
5 except as otherwise provided by this Article, shall have
6 power:
7 1. To make suitable provision for the establishment
8 and maintenance throughout the year or for such portion
9 thereof as it may direct, but for not less than the
10 minimum term required by Section 10-19 in order to insure
11 the minimum number of days of actual pupil attendance as
12 required by Section 10-19 9 months, of schools of all
13 grades and kinds, including normal schools, high schools,
14 night schools, schools for defectives and delinquents,
15 parental and truant schools, schools for the blind, the
16 deaf and the crippled, schools or classes in manual
17 training, constructural and vocational teaching, domestic
18 arts and physical culture, vocation and extension schools
19 and lecture courses, and all other educational courses
20 and facilities, including establishing, equipping,
21 maintaining and operating playgrounds and recreational
22 programs, when such programs are conducted in, adjacent
23 to, or connected with any public school under the general
24 supervision and jurisdiction of the board; provided,
25 however, that in allocating funds from year to year for
26 the operation of all attendance centers within the
27 district, the board shall ensure that supplemental
28 general State aid funds are allocated and applied in
29 accordance with Section 18-8 or 18-8.05. To admit to such
30 schools without charge foreign exchange students who are
31 participants in an organized exchange student program
32 which is authorized by the board. The board shall permit
33 all students to enroll in apprenticeship programs in
34 trade schools operated by the board, whether those
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1 programs are union-sponsored or not. No student shall
2 be refused admission into or be excluded from any course
3 of instruction offered in the common schools by reason of
4 that student's sex. No student shall be denied equal
5 access to physical education and interscholastic athletic
6 programs supported from school district funds or denied
7 participation in comparable physical education and
8 athletic programs solely by reason of the student's sex.
9 Equal access to programs supported from school district
10 funds and comparable programs will be defined in rules
11 promulgated by the State Board of Education in
12 consultation with the Illinois High School Association.
13 Notwithstanding any other provision of this Article,
14 neither the board of education nor any local school
15 council or other school official shall recommend that
16 children with disabilities be placed into regular
17 education classrooms unless those children with
18 disabilities are provided with supplementary services to
19 assist them so that they benefit from the regular
20 classroom instruction and are included on the teacher's
21 regular education class register;
22 2. To furnish lunches to pupils, to make a
23 reasonable charge therefor, and to use school funds for
24 the payment of such expenses as the board may determine
25 are necessary in conducting the school lunch program;
26 3. To co-operate with the circuit court;
27 4. To make arrangements with the public or
28 quasi-public libraries and museums for the use of their
29 facilities by teachers and pupils of the public schools;
30 5. To employ dentists and prescribe their duties
31 for the purpose of treating the pupils in the schools,
32 but accepting such treatment shall be optional with
33 parents or guardians;
34 6. To grant the use of assembly halls and
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1 classrooms when not otherwise needed, including light,
2 heat, and attendants, for free public lectures, concerts,
3 and other educational and social interests, free of
4 charge, under such provisions and control as the
5 principal of the affected attendance center may
6 prescribe;
7 7. To apportion the pupils to the several schools;
8 provided that no pupil shall be excluded from or
9 segregated in any such school on account of his color,
10 race, sex, or nationality. The board shall take into
11 consideration the prevention of segregation and the
12 elimination of separation of children in public schools
13 because of color, race, sex, or nationality. Except that
14 children may be committed to or attend parental and
15 social adjustment schools established and maintained
16 either for boys or girls only. All records pertaining to
17 the creation, alteration or revision of attendance areas
18 shall be open to the public. Nothing herein shall limit
19 the board's authority to establish multi-area attendance
20 centers or other student assignment systems for
21 desegregation purposes or otherwise, and to apportion the
22 pupils to the several schools. Furthermore, beginning in
23 school year 1994-95, pursuant to a board plan adopted by
24 October 1, 1993, the board shall offer, commencing on a
25 phased-in basis, the opportunity for families within the
26 school district to apply for enrollment of their children
27 in any attendance center within the school district which
28 does not have selective admission requirements approved
29 by the board. The appropriate geographical area in which
30 such open enrollment may be exercised shall be determined
31 by the board of education. Such children may be admitted
32 to any such attendance center on a space available basis
33 after all children residing within such attendance
34 center's area have been accommodated. If the number of
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1 applicants from outside the attendance area exceed the
2 space available, then successful applicants shall be
3 selected by lottery. The board of education's open
4 enrollment plan must include provisions that allow low
5 income students to have access to transportation needed
6 to exercise school choice. Open enrollment shall be in
7 compliance with the provisions of the Consent Decree and
8 Desegregation Plan cited in Section 34-1.01;
9 8. To approve programs and policies for providing
10 transportation services to students. Nothing herein shall
11 be construed to permit or empower the State Board of
12 Education to order, mandate, or require busing or other
13 transportation of pupils for the purpose of achieving
14 racial balance in any school;
15 9. Subject to the limitations in this Article, to
16 establish and approve system-wide curriculum objectives
17 and standards, including graduation standards, which
18 reflect the multi-cultural diversity in the city and are
19 consistent with State law, provided that for all purposes
20 of this Article courses or proficiency in American Sign
21 Language shall be deemed to constitute courses or
22 proficiency in a foreign language; and to employ
23 principals and teachers, appointed as provided in this
24 Article, and fix their compensation. The board shall
25 prepare such reports related to minimal competency
26 testing as may be requested by the State Board of
27 Education, and in addition shall monitor and approve
28 special education and bilingual education programs and
29 policies within the district to assure that appropriate
30 services are provided in accordance with applicable State
31 and federal laws to children requiring services and
32 education in those areas;
33 10. To employ non-teaching personnel or utilize
34 volunteer personnel for: (i) non-teaching duties not
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1 requiring instructional judgment or evaluation of pupils,
2 including library duties; and (ii) supervising study
3 halls, long distance teaching reception areas used
4 incident to instructional programs transmitted by
5 electronic media such as computers, video, and audio,
6 detention and discipline areas, and school-sponsored
7 extracurricular activities. The board may further utilize
8 volunteer non-certificated personnel or employ
9 non-certificated personnel to assist in the instruction
10 of pupils under the immediate supervision of a teacher
11 holding a valid certificate, directly engaged in teaching
12 subject matter or conducting activities; provided that
13 the teacher shall be continuously aware of the
14 non-certificated persons' activities and shall be able to
15 control or modify them. The general superintendent shall
16 determine qualifications of such personnel and shall
17 prescribe rules for determining the duties and activities
18 to be assigned to such personnel;
19 11. To provide television studio facilities in not
20 to exceed one school building and to provide programs for
21 educational purposes, provided, however, that the board
22 shall not construct, acquire, operate, or maintain a
23 television transmitter; to grant the use of its studio
24 facilities to a licensed television station located in
25 the school district; and to maintain and operate not to
26 exceed one school radio transmitting station and provide
27 programs for educational purposes;
28 12. To offer, if deemed appropriate, outdoor
29 education courses, including field trips within the State
30 of Illinois, or adjacent states, and to use school
31 educational funds for the expense of the said outdoor
32 educational programs, whether within the school district
33 or not;
34 13. During that period of the calendar year not
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1 embraced within the regular school term, to provide and
2 conduct courses in subject matters normally embraced in
3 the program of the schools during the regular school term
4 and to give regular school credit for satisfactory
5 completion by the student of such courses as may be
6 approved for credit by the State Board of Education;
7 14. To insure against any loss or liability of the
8 board, the former School Board Nominating Commission,
9 Local School Councils, the Chicago Schools Academic
10 Accountability Council, or the former Subdistrict
11 Councils or of any member, officer, agent or employee
12 thereof, resulting from alleged violations of civil
13 rights arising from incidents occurring on or after
14 September 5, 1967 or from the wrongful or negligent act
15 or omission of any such person whether occurring within
16 or without the school premises, provided the officer,
17 agent or employee was, at the time of the alleged
18 violation of civil rights or wrongful act or omission,
19 acting within the scope of his employment or under
20 direction of the board, the former School Board
21 Nominating Commission, the Chicago Schools Academic
22 Accountability Council, Local School Councils, or the
23 former Subdistrict Councils; and to provide for or
24 participate in insurance plans for its officers and
25 employees, including but not limited to retirement
26 annuities, medical, surgical and hospitalization benefits
27 in such types and amounts as may be determined by the
28 board; provided, however, that the board shall contract
29 for such insurance only with an insurance company
30 authorized to do business in this State. Such insurance
31 may include provision for employees who rely on treatment
32 by prayer or spiritual means alone for healing, in
33 accordance with the tenets and practice of a recognized
34 religious denomination;
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1 15. To contract with the corporate authorities of
2 any municipality or the county board of any county, as
3 the case may be, to provide for the regulation of traffic
4 in parking areas of property used for school purposes, in
5 such manner as is provided by Section 11-209 of The
6 Illinois Vehicle Code, approved September 29, 1969, as
7 amended;
8 16. To provide, on an equal basis, access to the
9 school campus to the official recruiting representatives
10 of the armed forces of Illinois and the United States for
11 the purposes of informing students of the educational and
12 career opportunities available in the military if the
13 board has provided such access to persons or groups whose
14 purpose is to acquaint students with educational or
15 occupational opportunities available to them. The board
16 is not required to give greater notice regarding the
17 right of access to recruiting representatives than is
18 given to other persons and groups;
19 17. (a) To sell or market any computer program
20 developed by an employee of the school district, provided
21 that such employee developed the computer program as a
22 direct result of his or her duties with the school
23 district or through the utilization of the school
24 district resources or facilities. The employee who
25 developed the computer program shall be entitled to share
26 in the proceeds of such sale or marketing of the computer
27 program. The distribution of such proceeds between the
28 employee and the school district shall be as agreed upon
29 by the employee and the school district, except that
30 neither the employee nor the school district may receive
31 more than 90% of such proceeds. The negotiation for an
32 employee who is represented by an exclusive bargaining
33 representative may be conducted by such bargaining
34 representative at the employee's request.
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1 (b) For the purpose of this paragraph 17:
2 (1) "Computer" means an internally programmed,
3 general purpose digital device capable of
4 automatically accepting data, processing data and
5 supplying the results of the operation.
6 (2) "Computer program" means a series of coded
7 instructions or statements in a form acceptable to a
8 computer, which causes the computer to process data
9 in order to achieve a certain result.
10 (3) "Proceeds" means profits derived from
11 marketing or sale of a product after deducting the
12 expenses of developing and marketing such product;
13 18. To delegate to the general superintendent of
14 schools, by resolution, the authority to approve
15 contracts and expenditures in amounts of $10,000 or less;
16 19. Upon the written request of an employee, to
17 withhold from the compensation of that employee any dues,
18 payments or contributions payable by such employee to any
19 labor organization as defined in the Illinois Educational
20 Labor Relations Act. Under such arrangement, an amount
21 shall be withheld from each regular payroll period which
22 is equal to the pro rata share of the annual dues plus
23 any payments or contributions, and the board shall
24 transmit such withholdings to the specified labor
25 organization within 10 working days from the time of the
26 withholding;
27 19a. Upon receipt of notice from the comptroller of
28 a municipality with a population of 500,000 or more that
29 a debt is due and owing the municipality by an employee
30 of the Chicago School Reform Board of Trustees, to
31 withhold, from the compensation of that employee, the
32 amount of the debt that is due and owing and pay the
33 amount withheld to the municipality; provided, however,
34 that the amount deducted from any one salary or wage
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1 payment shall not exceed 25% of the net amount of the
2 payment. Before the Board deducts any amount from any
3 salary or wage of an employee under this paragraph, the
4 municipality shall certify that the employee has been
5 afforded an opportunity for a hearing to dispute the debt
6 that is due and owing the municipality. For purposes of
7 this paragraph, "net amount" means that part of the
8 salary or wage payment remaining after the deduction of
9 any amounts required by law to be deducted and "debt due
10 and owing" means (i) a specified sum of money owed to the
11 municipality for city services, work, or goods, after the
12 period granted for payment has expired, or (ii) a
13 specified sum of money owed to the municipality pursuant
14 to a court order or order of an administrative hearing
15 officer after the exhaustion of, or the failure to
16 exhaust, judicial review;
17 20. The board is encouraged to employ a sufficient
18 number of certified school counselors to maintain a
19 student/counselor ratio of 250 to 1 by July 1, 1990.
20 Each counselor shall spend at least 75% of his work time
21 in direct contact with students and shall maintain a
22 record of such time;
23 21. To make available to students vocational and
24 career counseling and to establish 5 special career
25 counseling days for students and parents. On these days
26 representatives of local businesses and industries shall
27 be invited to the school campus and shall inform students
28 of career opportunities available to them in the various
29 businesses and industries. Special consideration shall
30 be given to counseling minority students as to career
31 opportunities available to them in various fields. For
32 the purposes of this paragraph, minority student means a
33 person who is:
34 (a) Black (a person having origins in any of
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1 the black racial groups in Africa);
2 (b) Hispanic (a person of Spanish or
3 Portuguese culture with origins in Mexico, South or
4 Central America, or the Caribbean islands,
5 regardless of race);
6 (c) Asian American (a person having origins in
7 any of the original peoples of the Far East,
8 Southeast Asia, the Indian Subcontinent or the
9 Pacific Islands); or
10 (d) American Indian or Alaskan Native (a
11 person having origins in any of the original peoples
12 of North America).
13 Counseling days shall not be in lieu of regular
14 school days;
15 22. To report to the State Board of Education the
16 annual student dropout rate and number of students who
17 graduate from, transfer from or otherwise leave bilingual
18 programs;
19 23. Except as otherwise provided in the Abused and
20 Neglected Child Reporting Act or other applicable State
21 or federal law, to permit school officials to withhold,
22 from any person, information on the whereabouts of any
23 child removed from school premises when the child has
24 been taken into protective custody as a victim of
25 suspected child abuse. School officials shall direct
26 such person to the Department of Children and Family
27 Services, or to the local law enforcement agency if
28 appropriate;
29 24. To develop a policy, based on the current state
30 of existing school facilities, projected enrollment and
31 efficient utilization of available resources, for capital
32 improvement of schools and school buildings within the
33 district, addressing in that policy both the relative
34 priority for major repairs, renovations and additions to
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1 school facilities, and the advisability or necessity of
2 building new school facilities or closing existing
3 schools to meet current or projected demographic patterns
4 within the district;
5 25. To make available to the students in every high
6 school attendance center the ability to take all courses
7 necessary to comply with the Board of Higher Education's
8 college entrance criteria effective in 1993;
9 26. To encourage mid-career changes into the
10 teaching profession, whereby qualified professionals
11 become certified teachers, by allowing credit for
12 professional employment in related fields when
13 determining point of entry on teacher pay scale;
14 27. To provide or contract out training programs
15 for administrative personnel and principals with revised
16 or expanded duties pursuant to this Act in order to
17 assure they have the knowledge and skills to perform
18 their duties;
19 28. To establish a fund for the prioritized special
20 needs programs, and to allocate such funds and other lump
21 sum amounts to each attendance center in a manner
22 consistent with the provisions of part 4 of Section
23 34-2.3. Nothing in this paragraph shall be construed to
24 require any additional appropriations of State funds for
25 this purpose;
26 29. (Blank);
27 30. Notwithstanding any other provision of this Act
28 or any other law to the contrary, to contract with third
29 parties for services otherwise performed by employees,
30 including those in a bargaining unit, and to layoff those
31 employees upon 14 days written notice to the affected
32 employees. Those contracts may be for a period not to
33 exceed 5 years and may be awarded on a system-wide basis;
34 31. To promulgate rules establishing procedures
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1 governing the layoff or reduction in force of employees
2 and the recall of such employees, including, but not
3 limited to, criteria for such layoffs, reductions in
4 force or recall rights of such employees and the weight
5 to be given to any particular criterion. Such criteria
6 shall take into account factors including, but not be
7 limited to, qualifications, certifications, experience,
8 performance ratings or evaluations, and any other factors
9 relating to an employee's job performance; and
10 32. To develop a policy to prevent nepotism in the
11 hiring of personnel or the selection of contractors.
12 The specifications of the powers herein granted are not
13 to be construed as exclusive but the board shall also
14 exercise all other powers that they may be requisite or
15 proper for the maintenance and the development of a public
16 school system, not inconsistent with the other provisions of
17 this Article or provisions of this Code which apply to all
18 school districts.
19 In addition to the powers herein granted and authorized
20 to be exercised by the board, it shall be the duty of the
21 board to review or to direct independent reviews of special
22 education expenditures and services. The board shall file a
23 report of such review with the General Assembly on or before
24 May 1, 1990.
25 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
26 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff.
27 1-1-98.)