Public Act 90-0548 of the 90th General Assembly
Public Act 90-0548
HB0452 Enrolled LRB9002549THcd
AN ACT relating to education, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5
Section 5-1. Short title. This Article may be cited as
the School Construction Law.
Section 5-5. Definitions. As used in this Article:
"Approved school construction bonds" mean bonds that were
approved by referendum after January 1, 1996 but prior to
January 1, 1998 as provided in Sections 19-2 through 19-7 of
the School Code to provide funds for the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable-equipment, and land for educational purposes.
"Grant index" means a figure for each school district
equal to one minus the ratio of the district's equalized
assessed valuation per pupil in average daily attendance to
the equalized assessed valuation per pupil in average daily
attendance of the district located at the 90th percentile for
all districts of the same type. The grant index shall be no
less than 0.35 and no greater than 0.75 for each district;
provided that the grant index for districts whose equalized
assessed valuation per pupil in average daily attendance is
at the 99th percentile and above for all districts of the
same type shall be 0.00.
"School construction project" means the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable equipment, and land for educational purposes.
Section 5-10. Grant awards. The Capital Development
Board is authorized to make grants to school districts for
school construction projects with funds appropriated by the
General Assembly from the School Infrastructure Fund
pursuant to the provisions of this Article. The State Board
of Education is authorized to make grants to school districts
for debt service with funds appropriated by the General
Assembly from the School Infrastructure Fund pursuant to the
provisions of this Article.
Section 5-15. Grant entitlements. The State Board of
Education is authorized to issue grant entitlements for
school construction projects and debt service and shall
determine the priority order for school construction project
grants to be made by the Capital Development Board.
Section 5-20. Grant application; district facilities
plan. School districts shall apply to the State Board of
Education for school construction project grants and debt
service grants. Districts filing grant applications shall
submit to the State Board a district facilities plan that
shall include, but not be limited to, an assessment of
present and future district facility needs as required by
present and anticipated educational programming, the
availability of local financial resources including current
revenues, fund balances, and unused bonding capacity, a
fiscal plan for meeting present and anticipated debt service
obligations, and a maintenance plan and schedule that contain
necessary assurances that new, renovated, and existing
facilities are being or will be properly maintained. The
State Board of Education shall review and approve district
facilities plans prior to issuing grant entitlements. Each
district that receives a grant entitlement shall annually
update its district facilities plan and submit the revised
plan to the State Board for approval.
Section 5-25. Eligibility and project standards.
(a) The State Board of Education shall establish
eligibility standards for school construction project grants
and debt service grants. These standards shall include
minimum enrollment requirements for eligibility for school
construction project grants of 200 students for elementary
districts, 200 students for high school districts, and 400
students for unit districts. The State Board of Education
shall approve a district's eligibility for a school
construction project grant or a debt service grant pursuant
to the established standards.
(b) The Capital Development Board shall establish
project standards for all school construction project grants
provided pursuant to this Article. These standards shall
include space and capacity standards as well as the
determination of recognized project costs that shall be
eligible for State financial assistance and enrichment costs
that shall not be eligible for State financial assistance.
Section 5-30. Priority of school construction projects.
The State Board of Education shall develop standards for the
determination of priority needs concerning school
construction projects based upon approved district facilities
plans. Such standards shall call for prioritization based on
the degree of need and project type in the following order:
(1) Replacement or reconstruction of school buildings
destroyed or damaged by flood, tornado, fire, earthquake, or
other disasters, either man-made or produced by nature;
(2) Projects designed to alleviate a shortage of
classrooms due to population growth or to replace aging
school buildings;
(3) Projects resulting from interdistrict reorganization
of school districts contingent on local referenda;
(4) Replacement or reconstruction of school facilities
determined to be severe and continuing health or life safety
hazards;
(5) Alterations necessary to provide accessibility for
qualified individuals with disabilities; and
(6) Other unique solutions to facility needs.
Section 5-35. School construction project grant
amounts-Prohibited use.
(a) The product of the district's grant index and the
recognized project cost, as determined by the Capital
Development Board, for an approved school construction
project shall equal the amount of the grant the Capital
Development Board shall provide to the eligible district.
The grant index shall not be used in cases where the General
Assembly and the Governor approve appropriations designated
for specifically identified school district construction
projects.
(b) In each fiscal year in which school construction
project grants are awarded, 20% of the total amount awarded
statewide shall be awarded to a school district with a
population exceeding 500,000, provided such district complies
with the provisions of this Article.
(c) No portion of a school construction project grant
awarded by the Capital Development Board shall be used by a
school district for any on-going operational costs.
Section 5-40. Supervision of school construction
projects. The Capital Development Board shall exercise
general supervision over school construction projects
financed pursuant to this Article.
Section 5-45. Debt service grants. School districts
that have issued approved school construction bonds shall be
eligible to apply for debt service grants. The amount
awarded to eligible districts for debt service grants shall
be equal to 10% of the principal amount of approved school
construction bonds issued by the district times the grant
index for the district. Debt service grants shall only be
used by school districts to: retire principal of approved
school construction bonds, restructure the debt service on
such bonds, or abate the property taxes levied for the
district's bond and interest fund by an amount identical to
the amount of the debt service grant. No debt service grants
shall be awarded by the State Board of Education after June
30, 1999.
Section 5-50. Referendum requirements. After the State
Board of Education has approved all or part of a district's
application and issued a grant entitlement for a school
construction project grant, the district shall submit the
project or the financing of the project to a referendum when
such referendum is required by law.
Section 5-55. Rules.
(a) The Capital Development Board shall promulgate such
rules as it deems necessary for carrying out its
responsibilities under the provisions of this Article.
(b) The State Board of Education shall promulgate such
rules as it deems necessary for carrying out its
responsibilities under the provisions of this Article.
(20 ILCS 3105/Art. 1A rep.)
Section 5-900. The Capital Development Board Act is
amended by repealing Article 1A.
Section 5-905. The State Finance Act is amended by
adding Sections 5.500, 5.505, and 6z-45 as follows:
(30 ILCS 105/5.500 new)
Sec. 5.500. The School Infrastructure Fund.
(30 ILCS 105/5.505 new)
Sec. 5.505. The School Technology Revolving Loan Fund.
(30 ILCS 105/6z-45 new)
Sec. 6z-45. The School Infrastructure Fund. The School
Infrastructure Fund is created as a special fund in the State
Treasury. Subject to appropriation, money in the School
Infrastructure Fund shall, if and when the State of Illinois
incurs any bonded indebtedness for the construction of school
improvements under the School Construction Act, be set aside
and used for the purpose of paying and discharging annually
the principal and interest on that bonded indebtedness then
due and payable, and for no other purpose. The surplus, if
any, in the School Infrastructure Fund after the payment of
principal and interest on that bonded indebtedness then
annually due shall, subject to appropriation, be used as
follows:
First--to make 3 payments to the School Technology
Revolving Loan Fund as follows:
Transfer of $30,000,000 in fiscal year 1999;
Transfer of $20,000,000 in fiscal year 2000; and
Transfer of $10,000,000 in fiscal year 2001.
Second--to pay the expenses of the State Board of
Education and the Capital Development Board in administering
programs under the School Construction Act, the total
expenses not to exceed $1,000,000 in any fiscal year.
Third--to pay any amounts due for grants for school
construction projects and debt service under the School
Construction Act.
Section 5-910. The Illinois Pension Code is amended by
changing Sections 17-108, 17-127, and 17-129 as follows:
(40 ILCS 5/17-108) (from Ch. 108 1/2, par. 17-108)
Sec. 17-108. Fiscal year and school year.
"Fiscal year" and "school year": Beginning July 1, 1999,
the period beginning on the 1st day of July September of one
calendar year and ending on the 30th 31st day of June August
of the next calendar year. Each fiscal year and each school
year shall be designated for convenience with the same number
as the calendar year in which that fiscal year or school year
ends. The fiscal year which begins September 1, 1998 shall
end June 30, 1999.
(Source: P.A. 83-792.)
(40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
Sec. 17-127. Financing; revenues for the Fund.
(a) The revenues for the Fund shall consist of: (1)
amounts paid into the Fund by contributors thereto and from
employer contributions taxes and State appropriations in
accordance with this Article; (2) amounts contributed to the
Fund pursuant to any law now in force or hereafter to be
enacted; (3) contributions from any other source; and (4) the
earnings on investments.
(b) The General Assembly finds that for many years the
State has contributed to the Fund an annual amount that is
between 20% and 30% of the amount of the annual State
contribution to the Article 16 retirement system, and the
General Assembly declares that it is its goal and intention
to continue this level of contribution to the Fund in the
future.
(Source: P.A. 88-593, eff. 8-22-94.)
(40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
Sec. 17-129. Employer contributions; deficiency in Fund.
(a) If in any fiscal year of the board of education
ending prior to 1997 the total amounts paid to the Fund from
the board of education (other than under this subsection, and
other than amounts used for making or "picking up"
contributions on behalf of teachers) and from the State do
not equal the total contributions made by or on behalf of the
teachers for such year, or if the total income of the Fund in
any such fiscal year of the board of education from all
sources is less than the total such expenditures by the Fund
for such year, the Board of Education shall, in the next
succeeding year, in addition to any other payment to the Fund
set apart and appropriate from moneys from its tax levy for
educational purposes, a sum sufficient to remove such
deficiency or deficiencies, and promptly pay such sum into
the Fund in order to restore any of the reserves of the Fund
that may have been so temporarily applied. Any amounts
received by the Fund after the effective date of this
amendatory Act of 1997 from State appropriations, including
under Section 17-127, shall be a credit against and shall
fully satisfy any obligation that may have arisen, or be
claimed to have arisen, under this subsection (a) as a result
of any deficiency or deficiencies in the fiscal year of the
board of education ending in calendar year 1997.
(b) (i) For fiscal years 2011 through 2045, the minimum
contribution to the Fund to be made by the board of education
in each fiscal year shall be an amount determined by the Fund
to be sufficient to bring the total assets of the Fund up to
90% of the total actuarial liabilities of the Fund by the end
of fiscal year 2045. In making these determinations, the
required board of education contribution shall be calculated
each year as a level percentage of payroll over the years
remaining to and including fiscal year 2045 and shall be
determined under the projected unit credit actuarial cost
method.
(ii) For fiscal years 1999 through 2010, the board of
education's contribution to the Fund, as a percentage of the
applicable employee payroll, shall be increased in equal
annual increments so that by fiscal year 2011, the board of
education is contributing at the rate required under this
subsection.
(iii) Beginning in fiscal year 2046, the minimum board
of education contribution for each fiscal year shall be the
amount needed to maintain the total assets of the Fund at 90%
of the total actuarial liabilities of the Fund.
(iv) Notwithstanding the provisions of paragraphs (i),
(ii), and (iii) of this subsection (b), for any fiscal year
the contribution to the Fund from the board of education
shall not be required to be in excess of the amount
calculated as needed to maintain the assets (or cause the
assets to be) at the 90% level by the end of the fiscal year.
(v) Any contribution by the State to or for the benefit
of the Fund, including, without limitation, as referred to
under Section 17-127, shall be a credit against any
contribution required to be made by the board of education
under this subsection (b).
(c) The Board of Trustees shall determine the amount of
board of education contributions required for each fiscal
year on the basis of the actuarial tables and other
assumptions adopted by the Board and the recommendations of
the actuary, in order to meet the minimum contribution
requirements of subsections (a) and (b). Annually, on or
before November 15, the Board shall certify to the board of
education the amount of the required board of education
contribution for the coming fiscal year. The certification
shall include a copy of the actuarial recommendations upon
which it is based.
(Source: P.A. 89-15, eff. 5-30-95.)
Section 5-915. The School Code is amended by changing
Sections 1A-2, 1A-4, 1B-8, 1C-2, 2-3.51, 2-3.51.5, 7-11,
10-20.9a, 10-22.6, 10-22.20, 10-22.23, 10-23.5, 10-23.8,
10-23.8a, 18-4.3, 18-7, 18-8, 18-8.2, 21-1a, 21-2, 21-2.1,
21-2a, 21-3, 21-4, 21-5, 21-5a, 21-10, 21-11.1, 21-11.3,
21-11.4, 21-14, 24-11, 24A-5, 27A-2, 27A-7, 27A-8, 27A-9,
27A-11, 34-8.4, 34-18, and 34-84 and adding Sections
2-3.117a, 2-3.124, 10-20.30, 10-22.34c, 17-1.5, 18-8.05,
21-0.01, 21-5c, 21-5d, and 34-18.17 as follows:
(105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
Sec. 1A-2. Qualifications. The members of the State
Board of Education shall be citizens of the United States and
residents of the State of Illinois and shall be selected as
far as may be practicable on the basis of their knowledge of,
or interest and experience in, problems of public education.
No member of the State Board of Education shall be gainfully
employed or administratively connected with any school
system, nor have any interest in or benefit from funds
provided by the State Board of Education to an or institution
of higher learning, public or private, within Illinois, nor
shall they be members of a school board or board of school
trustees of a public or nonpublic school, college, university
or technical institution within Illinois. No member shall
be appointed to more than 2 six year terms. Members shall be
reimbursed for all ordinary and necessary expenses incurred
in performing their duties as members of the Board. Expenses
shall be approved by the Board and be consistent with the
laws, policies, and requirements of the State of Illinois
regarding such expenditures, plus any member may include in
his claim for expenses $50 per day for meeting days.
(Source: P.A. 80-1513.)
(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
Sec. 1A-4. Powers and duties of the Board.
A. Upon the appointment of new Board members as provided
in subsection (b) of Section 1A-1 and every 2 years
thereafter, the chairperson of the Board shall be selected by
the Governor, with the advice and consent of the Senate, from
the membership of the Board to serve as chairperson for 2
years.
B. The Board shall determine the qualifications of and
appoint a chief education officer to be known as the State
Superintendent of Education who shall serve at the pleasure
of the Board and pursuant to a performance-based contract
linked to statewide student performance and academic
improvement within Illinois schools. except that No
performance-based contract issued for the employment of the
State Superintendent of Education shall be for a term longer
than 3 years and no contract shall be extended or renewed
prior to its scheduled expiration unless the performance and
improvement goals contained in the contract have been met.
The State Superintendent of Education shall not serve as a
member of the State Board of Education. The Board shall set
the compensation of the State Superintendent of Education who
shall serve as the Board's chief executive officer. The Board
shall also establish the duties, powers and responsibilities
of the State Superintendent, which shall be included in the
State Superintendent's performance-based contract along with
the goals and indicators of student performance and academic
improvement used to measure the performance and effectiveness
of the State Superintendent such officer. The State Board of
Education may delegate to the State Superintendent of
Education the authority to act on the Board's behalf,
provided such delegation is made pursuant to adopted board
policy or the powers delegated are ministerial in nature.
The State Board may not delegate authority under this Section
to the State Superintendent to (1) nonrecognize school
districts, (2) withhold State payments as a penalty, or (3)
make final decisions under the contested case provisions of
the Illinois Administrative Procedure Act unless otherwise
provided by law.
C. The powers and duties of the State Board of Education
shall encompass all duties delegated to the Office of
Superintendent of Public Instruction on January 12, 1975,
except as the law providing for such powers and duties is
thereafter amended, and such other powers and duties as the
General Assembly shall designate. The Board shall be
responsible for the educational policies and guidelines for
public schools, pre-school through grade 12 and Vocational
Education in the State of Illinois. The Board shall analyze
the present and future aims, needs, and requirements of
education in the State of Illinois and recommend to the
General Assembly the powers which should be exercised by the
Board. The Board shall recommend the passage and the
legislation necessary to determine the appropriate
relationship between the Board and local boards of education
and the various State agencies and shall recommend desirable
modifications in the laws which affect schools.
D. Two members of the Board shall be appointed by the
chairperson to serve on a standing joint Education Committee,
2 others shall be appointed from the Board of Higher
Education, 2 others shall be appointed by the chairperson of
the Illinois Community College Board, and 2 others shall be
appointed by the chairperson of the Human Resource Resources
Investment Council. The Committee shall be responsible for
making recommendations concerning the submission of any
workforce development plan or workforce training program
required by federal law or under any block grant authority.
The Committee will be responsible for developing policy on
matters of mutual concern to elementary, secondary and higher
education such as Occupational and Career Education, Teacher
Preparation and Certification, Educational Finance,
Articulation between Elementary, Secondary and Higher
Education and Research and Planning. The joint Education
Committee shall meet at least quarterly and submit an annual
report of its findings, conclusions, and recommendations to
the State Board of Education, the Board of Higher Education,
the Illinois Community College Board, the Human Resource
Resources Investment Council, the Governor, and the General
Assembly. All meetings of this Committee shall be official
meetings for reimbursement under this Act.
E. Five members of the Board shall constitute a quorum.
A majority vote of the members appointed, confirmed and
serving on the Board is required to approve any action.
The Board shall prepare and submit to the General
Assembly and the Governor on or before January 14, 1976 and
annually thereafter a report or reports of its findings and
recommendations. Such annual report shall contain a separate
section which provides a critique and analysis of the status
of education in Illinois and which identifies its specific
problems and recommends express solutions therefor. Such
annual report also shall contain the following information
for the preceding year ending on June 30: each act or
omission of a school district of which the State Board of
Education has knowledge as a consequence of scheduled,
approved visits and which constituted a failure by the
district to comply with applicable State or federal laws or
regulations relating to public education, the name of such
district, the date or dates on which the State Board of
Education notified the school district of such act or
omission, and what action, if any, the school district took
with respect thereto after being notified thereof by the
State Board of Education. The report shall also include the
statewide high school dropout rate by grade level, sex and
race and the annual student dropout rate of and the number of
students who graduate from, transfer from or otherwise leave
bilingual programs. The Auditor General shall annually
perform a compliance audit of the State Board of Education's
performance of the reporting duty imposed by this amendatory
Act of 1986. A regular system of communication with other
directly related State agencies shall be implemented.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Council, as
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly Organization Act", approved
February 25, 1874, as amended, and filing such additional
copies with the State Government Report Distribution Center
for the General Assembly as is required under paragraph (t)
of Section 7 of the State Library Act.
(Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96;
89-698, eff. 1-14-97; revised 3-31-97.)
(105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
Sec. 1B-8. There is created in the State Treasury a
special fund to be known as the School District Emergency
Financial Assistance Fund (the "Fund"). The School District
Emergency Financial Assistance Fund shall consist of
appropriations, grants from the federal government and
donations from any public or private source. Moneys in the
Fund may be appropriated only to the State Board for the
purposes of this Article. The appropriation may be allocated
and expended by the State Board as loans to school districts
which are the subject of an approved petition for emergency
financial assistance under Section 1B-4. From the amount
allocated to each such school district the State Board shall
identify a sum sufficient to cover all approved costs of the
Financial Oversight Panel established for the respective
school district. If the State Board and State Superintendent
of Education have not approved emergency financial assistance
in conjunction with the appointment of a Financial Oversight
Panel, the Panel's approved costs shall be paid from
deductions from the district's general State aid.
The Financial Oversight Panel may prepare and file with
the State Superintendent a proposal for emergency financial
assistance for the school district and for the operations
budget of the Panel. No expenditures shall be authorized by
the State Superintendent until he has approved the proposal
of the Panel, either as submitted or in such lesser amount
determined by the State Superintendent.
The maximum amount of emergency financial assistance
which may be allocated to any school district under this
Article, including moneys necessary for the operations of the
Panel, shall not exceed $1000 times the number of pupils
enrolled in the school district during the school year ending
June 30 prior to the date of approval by the State Board of
the petition for emergency financial assistance, as certified
to the local board and the Panel by the State Superintendent.
The payment of emergency State financial assistance shall
be subject to appropriation by the General Assembly.
Emergency State financial assistance allocated and paid to a
school district under this Article may be applied to any fund
or funds from which the local board of education of that
district is authorized to make expenditures by law.
Any emergency financial assistance proposed by the
Financial Oversight Panel and approved by the State
Superintendent may be paid in its entirety during the initial
year of the Panel's existence or spread in equal or declining
amounts over a period of years not to exceed the period of
the Panel's existence. All payments made from the School
District Emergency Financial Assistance Fund for a school
district shall be required to be repaid, with simple interest
at the rate of 4%, not later than the date the Financial
Oversight Panel ceases to exist. The Panel shall establish
and the State Superintendent shall approve the terms and
conditions, including the schedule, of repayments. The
schedule shall provide for repayments commencing July 1 of
each year. Repayment shall be incorporated into the annual
budget of the school district and may be made from any fund
or funds of the district in which there are moneys available.
When moneys are repaid as provided herein they shall not be
made available to the local board for further use as
emergency financial assistance under this Article at any time
thereafter. All repayments required to be made by a school
district shall be received by the State Board and deposited
in the School District Emergency Financial Assistance Fund.
In establishing the terms and conditions for the
repayment obligation of the school district the Panel shall
annually determine whether a separate local property tax levy
is required. The board of any school district with a tax
rate for educational purposes for the prior year of less than
120% of the maximum rate for educational purposes authorized
by Section 17-2 shall provide for a separate tax levy for
emergency financial assistance repayment purposes. Such tax
levy shall not be subject to referendum approval. The amount
of the levy shall be equal to the amount necessary to meet
the annual repayment obligations of the district as
established by the Panel, or 20% of the amount levied for
educational purposes for the prior year, whichever is less.
However, no district shall be required to levy the tax if the
district's operating tax rate as determined under
subparagraph (A)(5)(b) of Section 18-8 or 18-8.05 exceeds
200% of the district's tax rate for educational purposes for
the prior year.
(Source: P.A. 88-618, eff. 9-9-94.)
(105 ILCS 5/1C-2)
Sec. 1C-2. Block grants.
(a) For fiscal year 1999, and each fiscal year
thereafter, the State Board of Education shall award to
school districts block grants as described in subsections (b)
and (c). The State Board of Education may adopt rules and
regulations necessary to implement this Section.
(b) A Professional Development Block Grant shall be
created by combining the existing School Improvement Block
Grant and the REI Initiative. These funds shall be
distributed to school districts based on the number of
full-time certified instructional staff employed in the
district.
(c) An Early Childhood Education Block Grant shall be
created by combining the following programs: Preschool
Education, Parental Training and Prevention Initiative.
These funds shall be distributed to school districts and
other entities on a competitive basis. Eight percent of this
grant shall be used to fund programs for children ages 0-3.
From appropriations made for block grant purposes, the State
Board of Education is authorized to award funds to eligible
recipients upon application. Semiannual installment payments
shall be made and semiannual expenditure reports shall be
required.
(Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95.)
(105 ILCS 5/2-3.51) (from Ch. 122, par. 2-3.51)
Sec. 2-3.51. Reading Improvement Block Grant Program.
To improve the reading and study skills of children from
kindergarten through sixth grade in school districts. The
State Board of Education, hereinafter referred to as "the
Board", is authorized to administer a fund a School District
Reading Improvement Block Grant Program. As used in this
Section, "school district" shall include those schools
designated as "laboratory schools".
(a) The program shall provide reading specialists,
teacher aides and other personnel to improve reading and
study skills of children in public schools. As part of the
program, the Board shall also make available funds for books
and other printed materials which improve the reading and
study skills of the children. Funds for the Reading
Improvement Block Grant Program shall be distributed to
school districts on the following basis: 70% of monies shall
be awarded on the prior year's best 3 months average daily
attendance and 30% shall be distributed on the number of
economically disadvantaged (E.C.I.A. Chapter I) pupils in the
district, provided that the State Board may distribute an
amount not to exceed 2% of the monies appropriated for the
Reading Improvement Block Grant Program for the purpose of
providing teacher training and re-training in the teaching of
reading. Program funds shall be distributed to school
districts in 2 semi-annual installments, one payment on or
before October 30, and one payment prior to April 30, of each
year. The State Board shall promulgate rules and regulations
necessary for the implementation of this program.
(a-5) Reading Improvement Block Grant Program funds
shall be used by school districts in the following manner:
(1) to reduce class size in grades kindergarten
through 3 for the purpose of providing more intensified
reading instruction;
(2) to extend the time devoted in kindergarten
through third grade to intensified reading instruction,
including phonic instruction, either by lengthening the
school day or lengthening the school year;
(3) to create transitional grades for students
needing intensified reading instruction either between
the first and second grades or between the second and
third grades in accordance with the authority granted
school districts in Section 10-21.2 of this Code;
(4) to continue direct reading instruction for
grades 4 through 6;
(5) to establish reading academies in schools that
focus on the mechanics of reading, the application of
reading skills, and the reading of rich literature and
that reflect a commitment of time and resources to these
functions;
(6) to conduct intense vocabulary, spelling, and
related writing enrichment programs that promote better
understanding of language and words;
(7) to increase the availability of reading
specialists and teacher aides for reading; and
(8) to train and retrain teachers of kindergarten
through third grade to be proficient in the teaching of
reading, including phonic instruction.
(a-10) Reading Improvement Block Grant Program funds
shall be made available to each eligible school district
submitting a one-page application developed by the State
Board beginning with the 1998-99 school year. Applications
shall include existing Illinois Goals and Assessment Program
(IGAP) reading scores and the planned use for the funds. At
the end of each school year the school district shall report
new IGAP results on the same form. Each application,
beginning with the 1998-99 school year, shall be for a 2-year
grant based on initial year qualification. Districts not
demonstrating performance progress using IGAP reading scores
as the basis of measure based on metrics of progress
established by the State Board shall not be eligible for
funding in the third or subsequent years thereafter until
such progress is established.
(a-15) The State Superintendent of Education, in
cooperation with the school districts participating in the
program, shall annually report to the leadership of the
General Assembly on the results of the Reading Improvement
Block Grant Program and the progress being made on improving
the reading skills of students in kindergarten through the
sixth grade.
(b) (Blank). Distribution of monies to school districts
shall be made in 2 semi-annual installments, one on or before
October 30, and one payment prior to April 30, of each year.
From funds distributed for purposes of this Section, the
Board is authorized to approve applications from qualifying
school districts to help meet a district's costs of employing
teacher aides. No school district shall be eligible to be
paid under this Section for more than one teacher aide for
each 3 certificated teachers employed by the district for
classroom teaching of pupils in kindergarten and grades one
through 6.
From funds distributed for purposes of this Section, the
Board is authorized to approve applications from qualifying
school districts to help meet a district's cost of employing
reading specialists. No school district shall be eligible to
receive payment under this Section for more than one reading
specialist for each 15 certificated teachers, or major
portion thereof, employed by the district for classroom
teaching of pupils in kindergarten and grades one through 6.
(c) (Blank). Each person employed as a teacher aide
pursuant to this Section must work under the supervision of a
certificated teacher and, as a condition precedent to that
employment, either shall have earned at least 30 semester
hours of college credit or shall have successfully completed
a Teacher Aide Program approved by the Board.
(d) Grants under the Reading Improvement Program shall
be awarded provided there is an appropriation for the
program, and funding levels for each district shall be
prorated according to the amount of the appropriation.
(e) (Blank). District applications for participation in
this program shall be approved by the Board.
(f) (Blank). Notwithstanding the provisions regarding
distribution of monies contained in subsections (a) and (b)
of this Section, the Board may distribute an amount not to
exceed 2% of the monies appropriated for the Reading
Improvement Program to qualified recipients for the purpose
of training teachers and other educational personnel to
better teach reading to the State's elementary and secondary
school students.
(Source: P.A. 86-237; 86-750; 86-1028; 87-280.)
(105 ILCS 5/2-3.51.5)
Sec. 2-3.51.5. School Safety and Educational Improvement
Block Grant Program. To improve the level of education and
safety of students from kindergarten through grade 12 in
school districts. The State Board of Education is authorized
to fund a School Safety and Educational Improvement Block
Grant Program.
(1) The program shall provide funding for school safety,
textbooks and software, teacher training and curriculum
development, school improvements, and remediation programs
under subsection (a) of Section 2-3.64. A school district or
laboratory school as defined in subsection B of Section 18-8
or 18-8.05 is not required to file an application in order
to receive the categorical funding to which it is entitled
under this Section. Funds for the School Safety and
Educational Improvement Block Grant Program shall be
distributed to school districts and laboratory schools based
on the prior year's best 3 months average daily attendance.
The State Board of Education shall promulgate rules and
regulations necessary for the implementation of this program.
(2) Distribution of moneys to school districts shall be
made in 2 semi-annual installments, one payment on or before
October 30, and one payment prior to April 30, of each fiscal
year.
(3) Grants under the School Safety and Educational
Improvement Block Grant Program shall be awarded provided
there is an appropriation for the program, and funding levels
for each district shall be prorated according to the amount
of the appropriation.
(Source: P.A. 89-610, eff. 8-6-96.)
(105 ILCS 5/2-3.117a new)
Sec. 2-3.117a. School Technology Revolving Loan Program.
(a) The State Board of Education is authorized to
administer a School Technology Revolving Loan Program from
funds appropriated from the School Technology Revolving Loan
Fund for the purpose of making the financing of school
technology hardware improvements affordable. School
technology loans shall be made available to school districts
to purchase technology hardware for eligible grade levels on
a 3-year rotating basis: grades K-4 in year one and each
third year thereafter, grades 5-8 in year 2 and each third
year thereafter, grades 9-12 in year 3 and each third year
thereafter.
The State Board of Education shall determine the interest
rate the loans shall bear which shall not be greater than 50%
of the rate for the most recent date shown in the 20 G.O.
Bonds Index of average municipal bond yields as published in
the most recent edition of The Bond Buyer, published in New
York, New York. The repayment period for School Technology
Revolving Loans shall not exceed 3 years. Participating
school districts shall use the loan proceeds for technology
hardware investments for students and staff, including
computer hardware, technology networks, related wiring, and
other items defined in rules adopted by the State Board of
Education. No school district whose equalized assessed
valuation per pupil in average daily attendance is at the
99th percentile and above for all districts of the same type
shall be eligible to receive a School Technology Revolving
Loan under the provisions of this Section for that year.
The State Board of Education shall have the authority to
adopt all rules necessary for the implementation and
administration of the School Technology Revolving Loan
Program, including, but not limited to, rules defining
application procedures, prescribing a maximum amount per
pupil that may be requested annually by districts, requiring
appropriate local commitments for technology investments,
prescribing a mechanism for disbursing loan funds in the
event requests exceed available funds, and prescribing
actions necessary to protect the State's interest in the
event of default, foreclosure, or noncompliance with the
terms and conditions of the loans.
(b) There is created in the State treasury the School
Technology Revolving Loan Fund. The State Board shall have
the authority to make expenditures from the Fund pursuant to
appropriations made for the purposes of this Section. There
shall be deposited into the Fund such amounts, including but
not limited to:
(1) Transfers from the School Infrastructure Fund;
(2) All receipts, including principal and interest
payments, from any loan made from the Fund;
(3) All proceeds of assets of whatever nature
received by the State Board as a result of default or
delinquency with respect to loans made from the Fund;
(4) Any appropriations, grants, or gifts made to
the Fund; and
(5) Any income received from interest on
investments of money in the Fund.
(105 ILCS 5/2-3.124 new)
Sec. 2-3.124. Liability coverage for certificated school
employees. Beginning with the 1998-99 school year, the State
Board of Education shall provide or arrange to have provided
for each certificated person who receives a salary or wages
in exchange for performing educational employment activities
on behalf of a school board, board of trustees, joint
agreement program board, cooperative program board, or
similar governing body of a public elementary or secondary
educational unit in Illinois educators liability coverage in
amounts no less than: (1) $1,000,000 per person per
occurrence, not to include any civil rights issue or claims;
(2) $250,000 per person per occurrence for any civil rights
issue or claims and not to include any other claims; and (3)
$3,000,000 per occurrence aggregate for all claims.
The coverage provided by the State Board shall also
include: (1) reimbursement of attorney fees for defense of a
criminal proceeding in an amount not less than $35,000 per
proceeding; (2) bail bond coverage of not less than $1,000
per bond; and (3) assault-related personal property damage
coverage of not less than $250 per incident.
The liability coverage required by this Section shall be
provided at no cost to the covered persons accepting such
coverage.
The State Board shall adopt such rules and regulations as
are necessary to implement the provisions of this Section.
(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
Sec. 7-11. Annexation of dissolved non-operating
districts. If any school district has become dissolved as
provided in Section 5-32, or if a petition for dissolution is
filed under subsection (b) of Section 7-2a, the regional
board of school trustees shall attach the territory of such
dissolved district to one or more districts and, if the
territory is added to 2 or more districts, shall divide the
property of the dissolved district among the districts to
which its territory is added, in the manner provided for the
division of property in case of the organization of a new
district from a part of another district. The regional board
of school trustees of the region in which the regional
superintendent has supervision over the school district that
is dissolved shall have all power necessary to annex the
territory of the dissolved district as provided in this
Section, including the power to attach the territory to a
school district under the supervision of the regional
superintendent of another educational service region. The
annexation of the territory of a dissolved school district
under this Section shall entitle the school districts
involved in the annexation to payments from the State Board
of Education under subsection (A)(5)(m) of Section 18-8 or
subsection (I) of Section 18-8.05 and under Sections 18-8.2
and 18-8.3 in the same manner and to the same extent
authorized in the case of other annexations under this
Article. Other provisions of this Article 7 of The School
Code shall apply to and govern dissolutions and annexations
under this Section and Section 7-2a, except that it is the
intent of the General Assembly that in the case of conflict
the provisions of this Section and Section 7-2a shall control
over the other provisions of this Article.
The regional board of school trustees shall give notice
of a hearing, to be held not less than 50 days nor more than
70 days after a school district is dissolved under Section
5-32 or a petition is filed under subsection (b) of Section
7-2a, on the disposition of the territory of such school
district by publishing a notice thereof at least once each
week for 2 successive weeks in at least one newspaper having
a general circulation within the area of the territory
involved. At such hearing, the regional board of school
trustees shall hear evidence as to the school needs and
conditions of the territory and of the area within and
adjacent thereto, and shall take into consideration the
educational welfare of the pupils of the territory and the
normal high school attendance pattern of the children. In the
case of an elementary school district if all the eighth grade
graduates of such district customarily attend high school in
the same high school district, the regional board of school
trustees shall, unless it be impossible because of the
restrictions of a special charter district, annex the
territory of the district to a contiguous elementary school
district whose eighth grade graduates customarily attend that
high school, and that has an elementary school building
nearest to the center of the territory to be annexed, but if
such eighth grade graduates customarily attend more than one
high school the regional board of school trustees shall
determine the attendance pattern of such graduates and divide
the territory of the district among the contiguous elementary
districts whose graduates attend the same respective high
schools.
The decision of the regional board of school trustees in
such matter shall be issued within 10 days after the
conclusion of the hearing and deemed an "administrative
decision" as defined in Section 3-101 of the Code of Civil
Procedure and any resident who appears at the hearing or any
petitioner may within 10 days after a copy of the decision
sought to be reviewed was served by registered mail upon the
party affected thereby file a complaint for the judicial
review of such decision in accordance with the
"Administrative Review Law", and all amendments and
modifications thereof and the rules adopted pursuant thereto.
The commencement of any action for review shall operate as a
stay of enforcement, and no further proceedings shall be had
until final disposition of such review. The final decision of
the regional board of school trustees or of any court upon
judicial review shall become effective under Section 7-9 in
the case of a petition for dissolution filed under subsection
(b) of Section 7-2a, and a final decision shall become
effective immediately following the date no further appeal is
allowable in the case of a district dissolved under Section
5-32.
Notwithstanding the foregoing provisions of this Section
or any other provision of law to the contrary, the school
board of the Mt. Morris School District is authorized to
donate to the City of Mount Morris, Illinois the school
building and other real property used as a school site by the
Mt. Morris School District at the time of its dissolution, by
appropriate resolution adopted by the school board of the
district prior to the dissolution of the district; and upon
the adoption of a resolution by the school board donating the
school building and school site to the City of Mount Morris,
Illinois as authorized by this Section, the regional board of
school trustees or other school officials holding legal title
to the school building and school site so donated shall
immediately convey the same to the City of Mt. Morris,
Illinois.
(Source: P.A. 88-386.)
(105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
Sec. 10-20.9a. Final Grade; Promotion.
(a) Teachers shall administer the approved marking
system or other approved means of evaluating pupil progress.
The teacher shall maintain the responsibility and right to
determine grades and other evaluations of students within the
grading policies of the district based upon his or her
professional judgment of available criteria pertinent to any
given subject area or activity for which he or she is
responsible. District policy shall provide the procedure and
reasons by and for which a grade may be changed; provided
that no grade or evaluation shall be changed without
notification to the teacher concerning the nature and reasons
for such change. If such a change is made, the person making
the change shall assume such responsibility for determining
the grade or evaluation, and shall initial such change.
(b) School districts shall not promote are discouraged
from promoting students to the next higher grade level based
upon age or any other social reasons not related to the
academic performance of the students. On or before September
1, 1998, school boards shall may adopt and enforce a policy
such policies on promotion as they deem necessary to ensure
that students meet local goals and objectives and can perform
at the expected grade level prior to promotion. Decisions to
promote or retain students in any classes shall be based on
successful completion of the curriculum, attendance,
performance based on Illinois Goals and Assessment Program
tests, the Iowa Test of Basic Skills, or other testing or any
other criteria established by the school board. Students
determined by the local district to not qualify for promotion
to the next higher grade shall be provided remedial
assistance, which may include, but shall not be limited to, a
summer bridge program of no less than 90 hours, tutorial
sessions, increased or concentrated instructional time,
modifications to instructional materials, and retention in
grade.
(Source: P.A. 89-610, eff. 8-6-96.)
(105 ILCS 5/10-20.30 new)
Sec. 10-20.30. No pass-no play policy. Beginning with
the 1998-99 school year, the school board of each school
district that maintains any of grades 9 through 12 shall
establish, implement, and enforce a uniform and consistent
policy under which a student in any of those grades who fails
to maintain a specified minimum grade point average or a
specified minimum grade in each course in which the student
is enrolled or both is suspended from further participation
in any school-sponsored or school-supported athletic or
extracurricular activities for a specified period or until a
specified minimum grade point average or minimum grade or
both are earned by the student. Each school board shall
adopt a policy as required by this Section not later than one
year after the effective date of this amendatory Act of 1997
and shall concurrently file a copy of that policy with the
State Board of Education. After the policy has been in
effect for one year, the school board shall file a report
with the State Board of Education setting forth the number
and length of suspensions imposed under the policy during the
period covered by the report. If the school board already has
a policy that is consistent with the requirements of this
Section in effect on the effective date of this amendatory
Act of 1997, it shall file a copy of that policy with the
State Board of Education within 90 days after the effective
date of this amendatory Act and shall file the annual report
required under this Section 12 months thereafter.
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it
finds appropriate.
(b) To suspend or by regulation to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend
pupils guilty of gross disobedience or misconduct, or to
suspend pupils guilty of gross disobedience or misconduct on
the school bus from riding the school bus, and no action
shall lie against them for such suspension. The board may by
regulation authorize the superintendent of the district or
the principal, assistant principal, or dean of students of
any school to suspend pupils guilty of such acts for a period
not to exceed 10 school days. If a pupil is suspended due to
gross disobedience or misconduct on a school bus, the board
may suspend the pupil in excess of 10 school days for safety
reasons. Any suspension shall be reported immediately to the
parents or guardian of such pupil along with a full statement
of the reasons for such suspension and a notice of their
right to a review, a copy of which shall be given to the
school board. Upon request of the parents or guardian the
school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting. After its hearing or upon receipt of the written
report of its hearing officer, the board may take such action
as it finds appropriate.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such
meeting whenever there is evidence that mental illness may be
the cause for expulsion or suspension.
(d) The board may expel a student for a definite period
of time not to exceed 2 calendar years, as determined on a
case by case basis. A student who is determined to have
brought a weapon to school, any school-sponsored activity or
event, or any activity or event which bears a reasonable
relationship to school shall be expelled for a period of not
less than one year, except that the expulsion period may be
modified by the board on a case by case basis. For purposes
of this Section, the term "weapon" means possession, use,
control or transfer of any object which may be used to cause
bodily harm, including but not limited to a weapon as defined
by Section 921 of Title 18, United States Code, firearm as
defined in Section 1.1 of the Firearm Owners Identification
Act, use of weapon as defined in Section 24-1 of the Criminal
Code, knives, guns, firearms, rifles, shotguns, brass
knuckles, billy clubs, or "look-alikes" thereof. Such items
as baseball bats, pipes, bottles, locks, sticks, pencils, and
pens may be considered weapons if used or attempted to be
used to cause bodily harm. Expulsion or suspension shall be
construed in a manner consistent with the Federal Individuals
with Disabilities Education Act. A student who is subject to
suspension or expulsion as provided in this Section may be
eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code. The
provisions of this subsection (d) apply in all school
districts, including special charter districts and districts
organized under Article 34.
(e) To maintain order and security in the schools,
school authorities may inspect and search places and areas
such as lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school, as
well as personal effects left in those places and areas by
students, without notice to or the consent of the student,
and without a search warrant. As a matter of public policy,
the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their
personal effects left in these places and areas. School
authorities may request the assistance of law enforcement
officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school for
illegal drugs, weapons, or other illegal or dangerous
substances or materials, including searches conducted through
the use of specially trained dogs. If a search conducted in
accordance with this Section produces evidence that the
student has violated or is violating either the law, local
ordinance, or the school's policies or rules, such evidence
may be seized by school authorities, and disciplinary action
may be taken. School authorities may also turn over such
evidence to law enforcement authorities. The provisions of
this subsection (e) apply in all school districts, including
special charter districts and districts organized under
Article 34.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97.)
(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
Sec. 10-22.20. Classes for adults and youths whose
schooling has been interrupted; Conditions for State
reimbursement; Use of child care facilities.
(a) To establish special classes for the instruction (1)
of persons of age 21 years or over, and (2) of persons less
than age 21 and not otherwise in attendance in public school,
for the purpose of providing adults in the community, and
youths whose schooling has been interrupted, with such
additional basic education, vocational skill training, and
other instruction as may be necessary to increase their
qualifications for employment or other means of self-support
and their ability to meet their responsibilities as citizens
including courses of instruction regularly accepted for
graduation from elementary or high schools and for
Americanization and General Educational Development Review
classes.
The board shall pay the necessary expenses of such
classes out of school funds of the district, including costs
of student transportation and such facilities or provision
for child-care as may be necessary in the judgment of the
board to permit maximum utilization of the courses by
students with children, and other special needs of the
students directly related to such instruction. The expenses
thus incurred shall be subject to State reimbursement, as
provided in this Section. The board may make a tuition
charge for persons taking instruction who are not subject to
State reimbursement, such tuition charge not to exceed the
per capita cost of such classes.
The cost of such instruction, including the additional
expenses herein authorized, incurred for recipients of
financial aid under the Illinois Public Aid Code, or for
persons for whom education and training aid has been
authorized under Section 9-8 of that Code, shall be assumed
in its entirety from funds appropriated by the State to the
State Board of Education.
(b) The State Board of Education and the Illinois
Community College Board shall annually enter into an
interagency agreement to implement this Section. The
interagency agreement shall establish the standards for the
courses of instruction reimbursed under this Section. The
State Board of Education shall supervise the administration
of the programs. The State Board of Education shall
determine the cost of instruction in accordance with
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in the
interagency agreement, including therein other incidental
costs as herein authorized, which shall serve as the basis of
State reimbursement in accordance with the provisions of
this Section. In the approval of programs and the
determination of the cost of instruction, the State Board of
Education shall provide for the maximum utilization of
federal funds for such programs. The interagency agreement
shall also include:
(1) the development of an index of need for program
planning and for area funding allocations as defined by
the State Board of Education;
(2) the method for calculating hours of
instruction, as defined by the State Board of Education,
claimable for reimbursement and a method to phase in the
calculation and for adjusting the calculations in cases
where the services of a program are interrupted due to
circumstances beyond the control of the program provider;
(3) a plan for the reallocation of funds to
increase the amount allocated for grants based upon
program performance as set forth in subsection (d) below;
and
(4) the development of standards for determining
grants based upon performance as set forth in subsection
(d) below and a plan for the phased-in implementation of
those standards.
For instruction provided by school districts and
community college districts beginning July 1, 1996 and
thereafter, reimbursement provided by the State Board of
Education for classes authorized by this Section shall be
provided pursuant to the terms of the interagency agreement
from funds appropriated for the reimbursement criteria set
forth in subsection (c) below.
(c) Upon the annual approval of the interagency
agreement, reimbursement shall be first provided for
transportation, child care services, and other special needs
of the students directly related to instruction and then from
the funds remaining an amount equal to the product of the
total credit hours or units of instruction approved by the
State Board of Education, multiplied by the following:
(1) For adult basic education, the maximum
reimbursement per credit hour or per unit of instruction
shall be equal to the general state aid per pupil
foundation level established in subsections 5(a) through
5(d) of Section 18-8 or subsection (B) of Section
18-8.05, divided by 60;
(2) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be weighted for students enrolled in classes defined as
vocational skills and approved by the State Board of
Education by 1.25;
(3) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be multiplied by .90 for students enrolled in classes
defined as adult secondary education programs and
approved by the State Board of Education;
(4) For community college districts the maximum
reimbursement per credit hour in subparagraphs (1), (2),
and (3) above shall be reduced by the Adult Basic
Education/Adult Secondary Education/English As A Second
Language credit hour grant rate prescribed in Section
2-16.02 of the Public Community College Act, as pro-rated
to the appropriation level; and
(5) Programs receiving funds under the formula that
was in effect during the 1994-1995 program year which
continue to be approved and which generate at least 80%
of the hours claimable in 1994-95, or in the case of
programs not approved in 1994-95 at least 80% of the
hours claimable in 1995-96, shall have funding for
subsequent years based upon 100% of the 1995-96 formula
funding level for 1996-97, 90% of the 1995-96 formula
funding level for 1997-98, 80% of the 1995-96 formula
funding level for 1998-99, and 70% of the 1995-96 formula
funding level for 1999-2000. For any approved program
which generates less than 80% of the claimable hours in
its base year, the level of funding pursuant to this
paragraph shall be reduced proportionately. Funding for
program years after 1999-2000 shall be pursuant to the
interagency agreement.
(d) Upon the annual approval of the interagency
agreement, the State Board of Education shall provide grants
to eligible programs for supplemental activities to improve
or expand services under the Adult Education Act. Eligible
programs shall be determined based upon performance outcomes
of students in the programs as set forth in the interagency
agreement.
(e) Reimbursement under this Section shall not exceed
the actual costs of the approved program.
If the amount appropriated to the State Board of
Education for reimbursement under this Section is less than
the amount required under this Act, the apportionment shall
be proportionately reduced.
School districts and community college districts may
assess students up to $3.00 per credit hour, for classes
other than Adult Basic Education level programs, if needed to
meet program costs.
(f) An education plan shall be established for each
adult or youth whose schooling has been interrupted and who
is participating in the instructional programs provided under
this Section.
Each school board and community college shall keep an
accurate and detailed account of the students assigned to and
receiving instruction under this Section who are subject to
State reimbursement and shall submit reports of services
provided commencing with fiscal year 1997 as required in the
interagency agreement.
For classes authorized under this Section, a credit hour
or unit of instruction is equal to 15 hours of direct
instruction for students enrolled in approved adult education
programs at midterm and making satisfactory progress, in
accordance with standards jointly established by the State
Board of Education and the Illinois Community College Board
as set forth in the interagency agreement.
(g) Upon proof submitted to the Illinois Department of
Human Services of the payment of all claims submitted under
this Section, that Department shall apply for federal funds
made available therefor and any federal funds so received
shall be paid into the General Revenue Fund in the State
Treasury.
School districts or community colleges providing classes
under this Section shall submit applications to the State
Board of Education for preapproval in accordance with the
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in the
interagency agreement. Payments shall be made by the State
Board of Education based upon approved programs. Interim
expenditure reports may be required by the State Board of
Education as set forth in the interagency agreement. Final
claims for the school year shall be submitted to the regional
superintendents for transmittal to the State Board of
Education as set forth in the interagency agreement. Final
adjusted payments shall be made by September 30.
If a school district or community college district fails
to provide, or is providing unsatisfactory or insufficient
classes under this Section, the State Board of Education may
enter into agreements with public or private educational or
other agencies other than the public schools for the
establishment of such classes.
(h) If a school district or community college district
establishes child-care facilities for the children of
participants in classes established under this Section, it
may extend the use of these facilities to students who have
obtained employment and to other persons in the community
whose children require care and supervision while the parent
or other person in charge of the children is employed or
otherwise absent from the home during all or part of the day.
It may make the facilities available before and after as well
as during regular school hours to school age and preschool
age children who may benefit thereby, including children who
require care and supervision pending the return of their
parent or other person in charge of their care from
employment or other activity requiring absence from the home.
The State Board of Education shall pay to the board the
cost of care in the facilities for any child who is a
recipient of financial aid under The Illinois Public Aid
Code.
The board may charge for care of children for whom it
cannot make claim under the provisions of this Section. The
charge shall not exceed per capita cost, and to the extent
feasible, shall be fixed at a level which will permit
utilization by employed parents of low or moderate income.
It may also permit any other State or local governmental
agency or private agency providing care for children to
purchase care.
After July 1, 1970 when the provisions of Section
10-20.20 become operative in the district, children in a
child-care facility shall be transferred to the kindergarten
established under that Section for such portion of the day as
may be required for the kindergarten program, and only the
prorated costs of care and training provided in the Center
for the remaining period shall be charged to the Illinois
Department of Human Services or other persons or agencies
paying for such care.
(i) The provisions of this Section shall also apply to
school districts having a population exceeding 500,000.
(Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
revised 8-15-96; 90-14, eff. 7-1-97.)
(105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
Sec. 10-22.23. School Nurse. To employ a registered
professional nurse and define the duties of the school nurse
within the guidelines of rules and regulations promulgated by
the State Board of Education. Any school nurse first
employed on or after July 1, 1976, whose duties require
teaching or the exercise of instructional judgment or
educational evaluation of pupils, must be certificated under
Section 21-25 of this Act. School districts may employ
non-certificated registered professional nurses to perform
professional nursing services.
(Source: P.A. 81-1508.)
(105 ILCS 5/10-22.34c new)
Sec. 10-22.34c. Third party non-instructional services.
Notwithstanding any other law of this State, nothing in this
Code prevents a board of education from entering into a
contract with a third party for non-instructional services
currently performed by any employee or bargaining unit member
or from laying off those educational support personnel
employees upon 30 days written notice to the affected
employees.
(105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
Sec. 10-23.5. Educational support personnel employees.
To employ such educational support personnel employees as it
deems advisable and to define their employment duties;
provided that residency within any school district shall not
be considered in determining the employment or the
compensation of any such employee, or whether to retain,
promote, assign or transfer such employee. If an educational
support personnel employee is removed or dismissed as a
result of a decision of the school board to decrease the
number of educational support personnel employees employed by
the board or to discontinue some particular type of
educational support service, written notice shall be mailed
to the employee and also given the employee either by
certified mail, return receipt requested or personal delivery
with receipt at least 30 60 days before the employee is
removed or dismissed end of the school term, together with a
statement of honorable dismissal and the reason therefor.
The employee with the shorter length of continuing service
with the district, within the respective category of
position, shall be dismissed first unless an alternative
method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract
between the board and any exclusive bargaining agent and
except that this provision shall not impair the operation of
any affirmative action program in the district, regardless of
whether it exists by operation of law or is conducted on a
voluntary basis by the board. If the board has any vacancies
for the following school term or within one calendar year
from the beginning of the following school term, the
positions thereby becoming available within a specific
category of position shall be tendered to the employees so
removed or dismissed from that category of position, so far
as they are qualified to hold such positions. Each board
shall, in consultation with any exclusive employee
representative or bargaining agent, each year establish a
list, categorized by positions, showing the length of
continuing service of each full time educational support
personnel employee who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list shall be made in accordance
with the alternative method. Copies of the list shall be
distributed to the exclusive employee representative or
bargaining agent on or before February 1 of each year. Where
an educational support personnel employee is dismissed by the
board as a result of a decrease in the number of employees or
the discontinuance of the employee's job, the employee shall
be paid all earned compensation on or before the third
business day following his or her last day of employment.
The provisions of this amendatory Act of 1986 relating to
residency within any school district shall not apply to
cities having a population exceeding 500,000 inhabitants.
(Source: P.A. 89-618, eff. 8-9-96.)
(105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
Sec. 10-23.8. Superintendent contracts under multi-year
contract. After the effective date of this amendatory Act of
1997 and the expiration of contracts in effect on the
effective date of this amendatory Act, school districts may
only To employ a superintendent under either a contract for a
period not exceeding one year or a multi-year
performance-based contract for a period not exceeding 5
years. No such contract can be offered or accepted for less
than or more than three years, except for a person serving as
superintendent for the first time in Illinois. In such case,
the initial contract shall be for a two year period. Such
contract may be discontinued at any time by mutual agreement
of the contracting parties, or may be extended for an
additional 3 years at the end of any year.
Performance-based contracts shall be linked to student
performance and academic improvement within the schools of
the districts. No performance-based contract shall be
extended or rolled-over prior to its scheduled expiration
unless all the performance and improvement goals contained in
the contract have been met. Each performance-based contract
shall include the goals and indicators of student performance
and academic improvement determined and used by the local
school board to measure the performance and effectiveness of
the superintendent and such other information as the local
school board may determine.
The contract year is July 1 through the following June
30, unless the contract specifically provides otherwise.
Notice of intent not to renew the contract must be given by
the board or by the superintendent by April 1 of the year in
which the contract expires, unless the contract specifically
provides otherwise. Failure to do so will automatically
extend the contract for 1 additional year. The provisions of
this paragraph shall not apply to a district under a
Financial Oversight Panel pursuant to Section 1A-8 for
violating a financial plan.
Notice of intent not to renew a contract when given by a
board must be in writing, stating the specific reason
therefor. Within 10 days after receipt of such notice of
intent not to renew a contract, the superintendent may
request a closed session hearing on the dismissal. At the
hearing the superintendent has the privilege of presenting
evidence, witnesses and defenses on the grounds for
dismissal. The provisions of this paragraph shall not apply
to a district under a Financial Oversight Panel pursuant to
Section 1A-8 for violating a financial plan.
By accepting the terms of a multi-year contract, the
superintendent waives all rights granted him or her under
Sections 24-11 through 24-16 of this Act for the duration of
his or her employment as superintendent in the district.
(Source: P.A. 89-572, eff. 7-30-96.)
(105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
Sec. 10-23.8a. Principal and other administrator
contracts under multi-year contract. After the effective date
of this amendatory Act of 1997 and the expiration of
contracts in effect on the effective date of this amendatory
Act, school districts may only To employ principals and other
school administrators under either a contract for a period
not to exceed one year or a principal under a multi-year
performance-based contract for a period not to exceed 5
years. No such contract can be offered or accepted for less
than or more than 3 years, except for a person serving as
principal for the first time in Illinois. In such case, the
initial contract shall be for a 2 year period. Such contract
may be discontinued at any time by mutual agreement of the
contracting parties, or may be extended for an additional 3
years at the end of any year.
Performance-based contracts shall be linked to student
performance and academic improvement attributable to the
responsibilities and duties of the principal or
administrator. No performance-based contract shall be
extended or rolled-over prior to its scheduled expiration
unless all the performance and improvement goals contained in
the contract have been met. Each performance-based contract
shall include the goals and indicators of student performance
and academic improvement determined and used by the local
school board to measure the performance and effectiveness of
the principal or other administrator and such other
information as the local school board may determine.
The contract year is July 1 through the following
June 30, unless the contract specifically provides otherwise.
Notice of intent not to renew the contract must be given by
the board or by the principal at least 90 days before the
contract expires. Failure to do so will automatically extend
the contract for 1 additional year. If offered by a school
board, each individual principal shall have the option to
accept or refuse a multi-year contract. The provisions of
this paragraph shall not apply to a district under a
Financial Oversight Panel pursuant to Section 1A-8 for
violating a financial plan.
By accepting the terms of a multi-year contract, the
principal or administrator waives all rights granted him or
her under Sections 24-11 through 24-16 of this Act for the
duration of his or her employment as a principal or an
administrator in the district.
(Source: P.A. 89-572, eff. 7-30-96.)
(105 ILCS 5/17-1.5 new)
Sec. 17-1.5. Limitation of administrative costs.
(a) It is the purpose of this Section to establish
limitations on the growth of administrative expenditures in
order to maximize the proportion of school district resources
available for the instructional program, building
maintenance, and safety services for the students of each
district.
(b) Definitions. For the purposes of this Section:
"Administrative expenditures" mean the annual
expenditures of school districts properly attributable to
expenditure functions defined by the rules of the State Board
of Education as: 2310 (Board of Education Services); 2320
(Executive Administration Services); 2330 (Special Area
Administration Services); 2490 (Other Support Services -
School Administration); 2510 (Direction of Business Support
Services); 2520 (Fiscal Services); 2570 (Internal Services);
2600 (Total Support Services - Central); and all
expenditures properly attributable for the Service Area
Direction of functions 2540 (Operations and Maintenance of
Plant Services), 2550 (Pupil Transportation Services), and
2560 (Food Services).
"Instructional expenditures" mean the annual expenditures
of school districts properly attributable to expenditure
functions defined by the rules of the State Board of
Education as: 1100 (Regular Programs); 1200 (Special
Education Programs); 1250 (Educational Deprived/Remedial
Programs); 1300 (Adult/Continuing Education Programs); 1400
(Vocational Programs); 1500 (Interscholastic Programs); 1600
(Summer School Programs); 1650 (Gifted Programs); 1800
(Bilingual Programs); and 1900 (Truants' Alternative and
Optional Programs).
"School district" means all school districts having a
population of less than 500,000.
(c) For the 1998-99 school year and each school year
thereafter, each school district shall undertake budgetary
and expenditure control actions so that the increase in
administrative expenditures for that school year over the
prior school year do not exceed the lesser of 5% or the
percentage increase in instructional expenditures for that
school year over the prior school year. School districts
with administrative expenditures per pupil in the 25th
percentile and below for all districts of the same type, as
defined by the State Board of Education, may waive the
limitation imposed under this Section for any year with the
affirmative vote of at least two-thirds of the members of the
school board of the district.
(d) School districts shall file with the State Board of
Education by October 15, 1998 and by each October 15th
thereafter a one-page report that lists (i) the actual
administrative expenditures and the actual instructional
expenditures for the prior year from the district's audited
Annual Financial Report, and (ii) the projected
administrative expenditures and the projected instructional
expenditures for the current year from the budget adopted by
the school board pursuant to Section 17-1 of this Code. If
the report and information required under this subsection (d)
is not provided by the school district in a timely manner, or
is initially or subsequently determined by the State
Superintendent of Education to be incomplete or inaccurate,
the State Superintendent shall notify the district in writing
of reporting deficiencies. The school district shall, within
60 days of the notice, address the reporting deficiencies
identified. If the State Superintendent does not receive a
satisfactory response to these reporting deficiencies within
these 60 days, the next payment of general State aid due the
district under Section 18-8 of this Code, and all subsequent
payments, may be withheld until the deficiencies have been
addressed.
(e) If the State Superintendent determines that a school
district has failed to comply with the administrative
expenditure limitation imposed in subsection (c) of this
Section by adopting a budget in violation of the limitation
or by having actual administrative expenditures for the prior
year in excess of the limitation, the State Superintendent
shall notify the district of the violation and direct the
district to undertake corrective action to bring the
district's budget into compliance with the administrative
expenditure limitation. The district shall, within 60 days
of the notice, provide adequate assurance to the State
Superintendent that appropriate corrective actions have been
or will be taken. If the district fails to provide adequate
assurance or fails to undertake the necessary corrective
actions, the State Superintendent may withhold all subsequent
payments of general State aid due the district under Section
18-8 of this Code until the assurance is provided or the
corrective actions taken.
(f) The State Superintendent shall publish a list each
year of the school districts that violate the limitation
imposed by subsection (c) of this Section. The State Board
of Education may recommend to the General Assembly and the
Governor any additional sanctions or remedial actions that
they determine necessary to deter non-compliance with the
limitation.
(105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
Sec. 18-4.3. Summer school grants. Grants shall be
determined for pupil attendance in summer schools conducted
under Sections 10-22.33A and 34-18 and approved under Section
2-3.25 in the following manner.
The amount of grant for each accredited summer school
attendance pupil shall be obtained by dividing the total
amount of apportionments determined under subsections (1) and
(2) of Section 18-8 or Section 18-8.05 by the actual number
of pupils in average daily attendance used for such
apportionments. The number of credited summer school
attendance pupils shall be determined (a) by counting clock
hours of class instruction by pupils enrolled in grades 1
through 12 in approved courses conducted at least 60 clock
hours in summer sessions; (b) by dividing such total of clock
hours of class instruction by 4 to produce days of credited
pupil attendance; (c) by dividing such days of credited pupil
attendance by the actual number of days in the regular term
as used in computation in the general apportionment in
Section 18-8; and (d) by multiplying by 1.25.
The amount of the grant for a summer school program
approved by the State Superintendent of Education for
children with disabilities, as defined in Sections 14-1.02
through 14-1.07, shall be determined in the manner contained
above except that average daily membership shall be utilized
in lieu of average daily attendance.
In the case of an apportionment based on summer school
attendance or membership pupils, the claim therefor shall be
presented as a separate claim for the particular school year
in which such summer school session ends. On or before
October 15 of each year the superintendent of each eligible
school district shall certify to the regional superintendent
the claim of the district for the summer session just ended.
Failure on the part of the school board to so certify shall
constitute a forfeiture of its right to such payment. The
regional superintendent shall certify to the State
Superintendent of Education no later than November 1 the
regional report of claims for summer school. The State
Superintendent of Education shall transmit to the Comptroller
no later than December 15th of each year vouchers for payment
of amounts due school districts for summer school. The State
Superintendent of Education shall direct the Comptroller to
draw his warrants for payments thereof by the 30th day of
December. If the money appropriated by the General Assembly
for such purpose for any year is insufficient, it shall be
apportioned on the basis of claims approved.
However, notwithstanding the foregoing provisions, for
each fiscal year the money appropriated by the General
Assembly for the purposes of this Section shall only be used
for grants for approved summer school programs for those
children with disabilities served pursuant to Sections
14-7.02 and 14-7.02a of the School Code.
(Source: P.A. 88-9; 88-641, eff. 9-9-94; 89-397, eff.
8-20-95.)
(105 ILCS 5/18-7) (from Ch. 122, par. 18-7)
Sec. 18-7. Payments for benefit of teacher retirement
systems.
(a) In each fiscal year through fiscal year 1998, the
State Board of Education shall distribute to the Public
School Teachers' Pension and Retirement Fund of Chicago the
sum, if any, appropriated for that fiscal year from the
Common School Fund for the benefit of the Retirement Fund, in
the manner provided in this Section, the Illinois Pension
Code, the State Finance Act, and other applicable provisions
of law. In making this distribution, the State Board of
Education shall present vouchers to the State Comptroller on
the 10th and 20th days of each month beginning in August.
Each payment shall equal 1/24 of the annual amount
appropriated in the months of August through May and 1/12 of
the annual amount appropriated in June.
Beginning in fiscal year 1999, the State contributions to
the Public School Teachers' Pension and Retirement Fund of
Chicago shall be appropriated directly to the Fund and paid
in vouchers submitted by the board of trustees of the Fund.
Vouchers submitted under this subsection shall be paid by the
State Comptroller and Treasurer by warrants drawn on funds
appropriated to the Public School Teachers' Pension and
Retirement Fund of Chicago State Board of Education for that
purpose.
(b) The State Board of Education shall, in State fiscal
year 1995, pay to the Teachers' Retirement System of the
State of Illinois the amount appropriated for the required
State contribution to the System for that fiscal year. The
State Board of Education shall present vouchers to the State
Comptroller for this purpose on the 10th and 20th days of
each month of the fiscal year, other than the month of July.
Each payment in the months of August through May shall equal
1/24 of the amount appropriated for that fiscal year; each
payment in the month of June shall equal 1/12 of the amount
appropriated for that fiscal year.
Vouchers submitted under this subsection shall be paid by
the State Comptroller and Treasurer by warrants drawn on
funds appropriated to the State Board of Education for that
purpose.
(c) Beginning in State fiscal year 1996, the required
State contributions to the Teachers' Retirement System of the
State of Illinois shall be appropriated directly to the
System and paid on vouchers submitted by the board of
trustees of the retirement system, as provided in Section
16-158 of the Illinois Pension Code. These vouchers shall be
paid by the State Comptroller and Treasurer by warrants drawn
on funds appropriated to the retirement system for that
purpose.
(Source: P.A. 88-593, eff. 8-22-94.)
(105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
Sec. 18-8. Basis for apportionment to districts,
laboratory schools and alternative schools.
A. The amounts to be apportioned for school years prior
to the 1998-1999 school year shall be determined for each
educational service region by school districts, as follows:
1. General Provisions.
(a) In the computation of the amounts to be apportioned,
the average daily attendance of all pupils in grades 9
through 12 shall be multiplied by 1.25. The average daily
attendance of all pupils in grades 7 and 8 shall be
multiplied by 1.05.
(b) The actual number of pupils in average daily
attendance shall be computed in a one-teacher school district
by dividing the total aggregate days of pupil attendance by
the actual number of days school is in session but not more
than 30 such pupils shall be accredited for such type of
district; and in districts of 2 or more teachers, or in
districts where records of attendance are kept by session
teachers, by taking the sum of the respective averages of the
units composing the group.
(c) Pupils in average daily attendance shall be computed
upon the average of the best 3 months of pupils attendance of
the current school year except as district claims may be
later amended as provided hereinafter in this Section.
However, for any school district maintaining grades
kindergarten through 12, the "average daily attendance" shall
be computed on the average of the best 3 months of pupils
attendance of the current year in grades kindergarten through
8, added together with the average of the best 3 months of
pupils attendance of the current year in grades 9 through 12,
except as district claims may be later amended as provided in
this Section. Days of attendance shall be kept by regular
calendar months, except any days of attendance in August
shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
(d) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis of
1/6 day for every class hour of instruction of 40 minutes or
more attended pursuant to such enrollment.
(e) Days of attendance may be less than 5 clock hours on
the opening and closing of the school term, and upon the
first day of pupil attendance, if preceded by a day or days
utilized as an institute or teachers' workshop.
(f) A session of 4 or more clock hours may be counted as
a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent of
Education to the extent that the district has been forced to
use daily multiple sessions.
(g) A session of 3 or more clock hours may be counted as
a day of attendance (1) when the remainder of the school day
or at least 2 hours in the evening of that day is utilized
for an in-service training program for teachers, up to a
maximum of 5 days per school year of which a maximum of 4
days of such 5 days may be used for parent-teacher
conferences, provided a district conducts an in-service
training program for teachers which has been approved by the
State Superintendent of Education; or, in lieu of 4 such
days, 2 full days may be used, in which event each such day
may be counted as a day of attendance; and (2) when days in
addition to those provided in item (1) are scheduled by a
school pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement plan
adopted under Article 2, provided that (i) such sessions of 3
or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for teachers,
and (iii) a sufficient number of minutes of school work under
the direct supervision of teachers are added to the school
days between such regularly scheduled sessions to accumulate
not less than the number of minutes by which such sessions of
3 or more clock hours fall short of 5 clock hours. Any full
days used for the purposes of this paragraph shall not be
considered for computing average daily attendance. Days
scheduled for in-service training programs, staff development
activities, or parent-teacher conferences may be scheduled
separately for different grade levels and different
attendance centers of the district.
(h) A session of not less than one clock hour teaching
of hospitalized or homebound pupils on-site or by telephone
to the classroom may be counted as 1/2 day of attendance,
however these pupils must receive 4 or more clock hours of
instruction to be counted for a full day of attendance.
(i) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils in
full day kindergartens, and a session of 2 or more hours may
be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(j) For children with disabilities who are below the age
of 6 years and who cannot attend two or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational needs
so require a session of 4 or more clock hours may be counted
as a full day of attendance.
(k) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more than
1/2 day of attendance counted in any 1 day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. Where a pupil attends such a
kindergarten for 2 half days on any one school day, such
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted except in
case of children who entered the kindergarten in their fifth
year whose educational development requires a second year of
kindergarten as determined under the rules and regulations of
the State Board of Education.
(l) Days of attendance by tuition pupils shall be
accredited only to the districts that pay the tuition to a
recognized school.
(m) The greater of the immediately preceding year's
weighted average daily attendance or the average of the
weighted average daily attendance of the immediately
preceding year and the previous 2 years shall be used.
For any school year beginning July 1, 1986 or thereafter,
if the weighted average daily attendance in either grades
kindergarten through 8 or grades 9 through 12 of a district
as computed for the first calendar month of the current
school year exceeds by more than 5%, but not less than 25
pupils, the district's weighted average daily attendance for
the first calendar month of the immediately preceding year
in, respectively, grades kindergarten through 8 or grades 9
through 12, a supplementary payment shall be made to the
district equal to the difference in the amount of aid the
district would be paid under this Section using the weighted
average daily attendance in the district as computed for the
first calendar month of the current school year and the
amount of aid the district would be paid using the weighted
average daily attendance in the district for the first
calendar month of the immediately preceding year. Such
supplementary State aid payment shall be paid to the district
as provided in Section 18-8.4 and shall be treated as
separate from all other payments made pursuant to this
Section 18-8.
(n) The number of low income eligible pupils in a
district shall result in an increase in the weighted average
daily attendance calculated as follows: The number of low
income pupils shall increase the weighted ADA by .53 for each
student adjusted by dividing the percent of low income
eligible pupils in the district by the ratio of eligible low
income pupils in the State to the best 3 months' weighted
average daily attendance in the State. In no case may the
adjustment under this paragraph result in a greater weighting
than .625 for each eligible low income student. The number
of low income eligible pupils in a district shall be the
low-income eligible count from the most recently available
federal census and the weighted average daily attendance
shall be calculated in accordance with the other provisions
of this paragraph.
(o) Any school district which fails for any given school
year to maintain school as required by law, or to maintain a
recognized school is not eligible to file for such school
year any claim upon the common school fund. In case of
nonrecognition of one or more attendance centers in a school
district otherwise operating recognized schools, the claim of
the district shall be reduced in the proportion which the
average daily attendance in the attendance center or centers
bear to the average daily attendance in the school district.
A "recognized school" means any public school which meets the
standards as established for recognition by the State Board
of Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal claim
which was filed while it was recognized.
(p) School district claims filed under this Section are
subject to Sections 18-9, 18-10 and 18-12, except as herein
otherwise provided.
(q) The State Board of Education shall secure from the
Department of Revenue the value as equalized or assessed by
the Department of Revenue of all taxable property of every
school district together with the applicable tax rate used in
extending taxes for the funds of the district as of September
30 of the previous year. The Department of Revenue shall add
to the equalized assessed value of all taxable property of
each school district situated entirely or partially within a
county with 2,000,000 or more inhabitants an amount equal to
the total amount by which the homestead exemptions allowed
under Sections 15-170 and 15-175 of the Property Tax Code for
real property situated in that school district exceeds the
total amount that would have been allowed in that school
district as homestead exemptions under those Sections if the
maximum reduction under Section 15-170 of the Property Tax
Code was $2,000 and the maximum reduction under Section
15-175 of the Property Tax Code was $3,500. The county clerk
of any county with 2,000,000 or more inhabitants shall
annually calculate and certify to the Department for each
school district all homestead exemption amounts required by
this amendatory Act of 1992. In a new district which has not
had any tax rates yet determined for extension of taxes, a
leveled uniform rate shall be computed from the latest amount
of the fund taxes extended on the several areas within such
new district.
(r) If a school district operates a full year school
under Section 10-19.1, the general state aid to the school
district shall be determined by the State Board of Education
in accordance with this Section as near as may be applicable.
2. New or recomputed claim. The general State aid
entitlement for a newly created school district or a district
which has annexed an entire school district shall be computed
using attendance, compensatory pupil counts, equalized
assessed valuation, and tax rate data which would have been
used had the district been in existence for 3 years. General
State aid entitlements shall not be recomputed except as
permitted herein.
3. Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
4. Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
5. Computation of State aid. The State grant shall be
determined as follows:
(a) The State shall guarantee the amount of money that a
district's operating tax rate as limited in other Sections of
this Act would produce if every district maintaining grades
kindergarten through 12 had an equalized assessed valuation
equal to $74,791 per weighted ADA pupil; every district
maintaining grades kindergarten through 8 had an equalized
assessed valuation of $108,644 per weighted ADA pupil; and
every district maintaining grades 9 through 12 had an
equalized assessed valuation of $187,657 per weighted ADA
pupil. The State Board of Education shall adjust the
equalized assessed valuation amounts stated in this
paragraph, if necessary, to conform to the amount of the
appropriation approved for any fiscal year.
(b) The operating tax rate to be used shall consist of
all district taxes extended for all purposes except community
college educational purposes for the payment of tuition under
Section 6-1 of the Public Community College Act, Bond and
Interest, Summer School, Rent, Capital Improvement and
Vocational Education Building. Any district may elect to
exclude Transportation from the calculation of its operating
tax rate. Districts may include taxes extended for the
payment of principal and interest on bonds issued under the
provisions of Sections 17-2.11a and 20-2 at a rate of .05%
per year for each purpose or the actual rate extended,
whichever is less.
(c) For calculation of aid under this Act a district
shall use the combined authorized tax rates of all funds not
exempt in (b) above, not to exceed 2.76% of the value of all
its taxable property as equalized or assessed by the
Department of Revenue for districts maintaining grades
kindergarten through 12; 1.90% of the value of all its
taxable property as equalized or assessed by the Department
of Revenue for districts maintaining grades kindergarten
through 8 only; 1.10% of the value of all its taxable
property as equalized or assessed by the Department of
Revenue for districts maintaining grades 9 through 12 only.
A district may, however, as provided in Article 17, increase
its operating tax rate above the maximum rate provided in
this subsection without affecting the amount of State aid to
which it is entitled under this Act.
(d) (1) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsections 5(b) and (c) of less than 2.18%, and districts
maintaining grades kindergarten through 8 with an operating
tax rate of less than 1.28%, State aid shall be computed by
multiplying the difference between the guaranteed equalized
assessed valuation per weighted ADA pupil in subsection 5(a)
and the equalized assessed valuation per weighted ADA pupil
in the district by the operating tax rate, multiplied by the
weighted average daily attendance of the district; provided,
however, that for the 1989-1990 school year only, a school
district maintaining grades kindergarten through 8 whose
operating tax rate with reference to which its general State
aid for the 1989-1990 school year is determined is less than
1.28% and more than 1.090%, and which had an operating tax
rate of 1.28% or more for the previous year, shall have its
general State aid computed according to the provisions of
subsection 5(d)(2).
(2) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsection 5(b) and (c) of 2.18% and above, the State aid
shall be computed as provided in subsection (d) (1) but as
though the district had an operating tax rate of 2.76%; in
K-8 districts with an operating tax rate of 1.28% and above,
the State aid shall be computed as provided in subsection (d)
(1) but as though the district had an operating tax rate of
1.90%; and in 9-12 districts, the State aid shall be computed
by multiplying the difference between the guaranteed
equalized assessed valuation per weighted average daily
attendance pupil in subsection 5(a) and the equalized
assessed valuation per weighted average daily attendance
pupil in the district by the operating tax rate, not to
exceed 1.10%, multiplied by the weighted average daily
attendance of the district. State aid computed under the
provisions of this subsection (d) (2) shall be treated as
separate from all other payments made pursuant to this
Section. The State Comptroller and State Treasurer shall
transfer from the General Revenue Fund to the Common School
Fund the amounts necessary to permit these claims to be paid
in equal installments along with other State aid payments
remaining to be made for the 1983-1984 school year under this
Section.
(3) For any school district whose 1995 equalized
assessed valuation is at least 6% less than its 1994
equalized assessed valuation as the result of a reduction in
the equalized assessed valuation of the taxable property
within such district of any one taxpayer whose taxable
property within the district has a 1994 equalized assessed
valuation constituting at least 20% of the 1994 equalized
assessed valuation of all taxable property within the
district, the 1996-97 State aid of such district shall be
computed using its 1995 equalized assessed valuation.
(4) For any school district whose 1988 equalized
assessed valuation is 55% or less of its 1981 equalized
assessed valuation, the 1990-91 State aid of such district
shall be computed by multiplying the 1988 equalized assessed
valuation by a factor of .8. Any such school district which
is reorganized effective for the 1991-92 school year shall
use the formula provided in this subparagraph for purposes of
the calculation made pursuant to subsection (m) of this
Section.
(e) The amount of State aid shall be computed under the
provisions of subsections 5(a) through 5(d) provided the
equalized assessed valuation per weighted ADA pupil is less
than .87 of the amounts in subsection 5(a). If the equalized
assessed valuation per weighted ADA pupil is equal to or
greater than .87 of the amounts in subsection 5(a), the State
aid shall be computed under the provisions of subsection
5(f).
(f) If the equalized assessed valuation per weighted ADA
pupil is equal to or greater than .87 of the amounts in
subsection 5(a), the State aid per weighted ADA pupil shall
be computed by multiplying the product of .13 times the
maximum per pupil amount computed under the provisions of
subsections 5(a) through 5(d) by an amount equal to the
quotient of .87 times the equalized assessed valuation per
weighted ADA pupil in subsection 5(a) for that type of
district divided by the district equalized valuation per
weighted ADA pupil except in no case shall the district
receive State aid per weighted ADA pupil of less than .07
times the maximum per pupil amount computed under the
provisions of subsections 5(a) through 5(d).
(g) In addition to the above grants, summer school
grants shall be made based upon the calculation as provided
in subsection 4 of this Section.
(h) The board of any district receiving any of the
grants provided for in this Section may apply those funds to
any fund so received for which that board is authorized to
make expenditures by law.
(i) (1) (a) In school districts with an average daily
attendance of 50,000 or more, the amount which is provided
under subsection 1(n) of this Section by the application of a
base Chapter 1 weighting factor of .375 shall be distributed
to the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance center
who are eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966 and
under the National School Lunch Act during the immediately
preceding school year. The amount of State aid provided
under subsection 1(n) of this Section by the application of
the Chapter 1 weighting factor in excess of .375 shall be
distributed to the attendance centers within the district in
proportion to the total enrollment at each attendance center.
Beginning with school year 1989-90, and each school year
thereafter, all funds provided under subsection 1 (n) of this
Section by the application of the Chapter 1 weighting factor
which are in excess of the level of non-targeted Chapter 1
funds in school year 1988-89 shall be distributed to
attendance centers, and only to attendance centers, within
the district in proportion to the number of pupils enrolled
at each attendance center who are eligible to receive free or
reduced price lunches or breakfasts under the Federal Child
Nutrition Act and under the National School Lunch Act during
the immediately preceding school year. Beginning in school
year 1989-90, 25% of the previously non-targeted Chapter 1
funds as established for school year 1988-89 shall also be
distributed to the attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year; in
school year 1990-91, 50% of the previously non-targeted
Chapter 1 funds as established for school year 1988-89 shall
be distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive such free or reduced price lunches or breakfasts
during the immediately preceding school year; in school year
1991-92, 75% of the previously non-targeted Chapter 1 funds
as established for school year 1988-89 shall be distributed
to attendance centers, and only to attendance centers, in the
district in proportion to the number of pupils enrolled at
each attendance center who are eligible to receive such free
or reduced price lunches or breakfasts during the immediately
preceding school year; in school year 1992-93 and thereafter,
all funds provided under subsection 1 (n) of this Section by
the application of the Chapter 1 weighting factor shall be
distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year;
provided, however, that the distribution formula in effect
beginning with school year 1989-90 shall not be applicable to
such portion of State aid provided under subsection 1 (n) of
this Section by the application of the Chapter 1 weighting
formula as is set aside and appropriated by the school
district for the purpose of providing desegregation programs
and related transportation to students (which portion shall
not exceed 5% of the total amount of State aid which is
provided under subsection 1 (n) of this Section by
application of the Chapter 1 weighting formula), and the
relevant percentages shall be applied to the remaining
portion of such State aid. The distribution of these
portions of general State aid among attendance centers
according to these requirements shall not be compensated for
or contravened by adjustments of the total of other funds
appropriated to any attendance centers. (b) The Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior to
the opening of school. The Board of Education shall apply
savings from reduced administrative costs required under
Section 34-43.1 and growth in non-Chapter 1 State and local
funds to assure that all attendance centers receive funding
to replace losses due to redistribution of Chapter 1 funding.
The distribution formula and funding to replace losses due to
the distribution formula shall occur, in full, using any and
all sources available, including, if necessary, revenue from
administrative reductions beyond those required in Section
34-43.1, in order to provide the necessary funds. (c) Each
attendance center shall be provided by the school district a
distribution of noncategorical funds and other categorical
funds to which an attendance center is entitled under law in
order that the State aid provided by application of the
Chapter 1 weighting factor and required to be distributed
among attendance centers according to the requirements of
this paragraph supplements rather than supplants the
noncategorical funds and other categorical funds provided by
the school district to the attendance centers.
Notwithstanding the foregoing provisions of this subsection
5(i)(1) or any other law to the contrary, beginning with the
1995-1996 school year and for each school year thereafter,
the board of a school district to which the provisions of
this subsection apply shall be required to allocate or
provide to attendance centers of the district in any such
school year, from the State aid provided for the district
under this Section by application of the Chapter 1 weighting
factor, an aggregate amount of not less than $261,000,000 of
State Chapter 1 funds. Any State Chapter 1 funds that by
reason of the provisions of this paragraph are not required
to be allocated and provided to attendance centers may be
used and appropriated by the board of the district for any
lawful school purpose. Chapter 1 funds received by an
attendance center (except those funds set aside for
desegregation programs and related transportation to
students) shall be used on the schedule cited in this Section
at the attendance center at the discretion of the principal
and local school council for programs to improve educational
opportunities at qualifying schools through the following
programs and services: early childhood education, reduced
class size or improved adult to student classroom ratio,
enrichment programs, remedial assistance, attendance
improvement and other educationally beneficial expenditures
which supplement the regular and basic programs as determined
by the State Board of Education. Chapter 1 funds shall not
be expended for any political or lobbying purposes as defined
by board rule. (d) Each district subject to the provisions of
this paragraph shall submit an acceptable plan t