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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.155, 2-3.170, 14-7.03, 18-3, 18-8.15, 28-1, 28-4, 28-7,
628-8, 28-9, and 28-21 as follows:
 
7    (105 ILCS 5/2-3.155)
8    Sec. 2-3.155. Textbook block grant program.
9    (a) The provisions of this Section are in the public
10interest, for the public benefit, and serve secular public
11purposes.
12    (b) As used in this Section, "textbook" means any book or
13book substitute that a pupil uses as a text or text substitute,
14including electronic textbooks. "Textbook" includes books,
15reusable workbooks, manuals, whether bound or in loose-leaf
16form, instructional computer software, and electronic
17textbooks and the technological equipment necessary to gain
18access to and use electronic textbooks intended as a principal
19source of study material for a given class or group of
20students. "Textbook" also includes science curriculum
21materials in a kit format that includes pre-packaged consumable
22materials if (i) it is shown that the materials serve as a
23textbook substitute, (ii) the materials are for use by the

 

 

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1pupils as a principal learning source, (iii) each component of
2the materials is integrally necessary to teach the requirements
3of the intended course, (iv) the kit includes teacher guidance
4materials, and (v) the purchase of individual consumable
5materials is not allowed.
6    (c) Subject Beginning July 1, 2011, subject to annual
7appropriation by the General Assembly, the State Board of
8Education is authorized to provide annual funding to public
9school districts and State-recognized, non-public schools
10serving students in grades kindergarten through 12 for the
11purchase of selected textbooks. The textbooks authorized to be
12purchased under this Section are limited without exception to
13textbooks that have been preapproved and designated by the
14State Board of Education for use in any public school and that
15are secular, non-religious, and non-sectarian. The State Board
16of Education shall annually publish a list of the textbooks
17authorized to be purchased under this Section. Each public
18school district and State-recognized, non-public school shall,
19subject to appropriations for that purpose, receive a per pupil
20grant for the purchase of secular textbooks. The per pupil
21grant amount must be calculated by the State Board of Education
22utilizing the total appropriation made for these purposes
23divided by the most current student enrollment data available.
24    (d) The State Board of Education may adopt rules as
25necessary for the implementation of this Section and to ensure
26the religious neutrality of the textbook block grant program,

 

 

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1as well as provide for the monitoring of all textbooks
2authorized in this Section to be purchased directly by
3State-recognized, nonpublic schools serving students in grades
4kindergarten through 12.
5(Source: P.A. 97-570, eff. 8-25-11; 97-813, eff. 7-13-12.)
 
6    (105 ILCS 5/2-3.170)
7    Sec. 2-3.170. Property tax relief pool grants.
8    (a) As used in this Section,
9    "EAV" means equalized assessed valuation as defined under
10Section 18-8.15 of this Code.
11    "Property tax multiplier" equals one minus the square of
12the school district's Local Capacity Percentage, as defined in
13Section 18-8.15 of this Code.
14    "Local capacity percentage multiplier" means one minus the
15school district's Local Capacity Percentage, as defined in
16Section 18-8.15.
17    "State Board" means the State Board of Education.
18    "Unit equivalent tax rate" means the Adjusted Operating Tax
19Rate, as defined in Section 18-8.15 of this Code, multiplied by
20a factor of 1 for unit school districts, 13/9 for elementary
21school districts, and 13/4 for high school districts.
22    (b) Subject to appropriation, the State Board shall provide
23grants to eligible school districts that provide tax relief to
24the school district's residents, which may be no greater than
251% of EAV for a unit district, 0.69% of EAV for an elementary

 

 

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1school district, or 0.31% of EAV for a high school district, as
2provided in this Section.
3    (b-5) Each year, the State Board shall set a threshold
4above which any school district in this State may apply for
5property tax relief under this Section. School districts may
6apply for property tax this relief under this Section
7concurrently to setting their levy for the fiscal year. The
8intended relief may not be greater than 1% of the EAV for a
9unit district, 0.69% of the EAV for an elementary school
10district, or 0.31% of the EAV for a high school district,
11multiplied by the school district's local capacity percentage
12multiplier. The State Board shall process applications for
13relief, providing a grant to those districts with the highest
14operating tax rate, as determined by those districts with the
15highest percentage of the simple average operating tax rate of
16districts of the same type, either elementary, high school, or
17unit, the highest unit equivalent tax rate first, in an amount
18equal to the intended relief multiplied by the property tax
19multiplier. The State Board shall provide grants to school
20districts in order of priority until the property tax relief
21pool is exhausted. If more school districts apply for relief
22under this subsection than there are funds available, the State
23Board must distribute the grants and prorate any remaining
24funds to the final school district that qualifies for grant
25relief. The abatement amount for that district must be equal to
26the grant amount divided by the property tax multiplier.

 

 

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1    If a school district receives the State Board's approval of
2a grant under this Section by March 1 of the fiscal year, the
3school district shall present a duly authorized and approved
4abatement resolution by March 30 of the fiscal year to the
5county clerk of each county in which the school files its levy,
6authorizing the county clerk to lower the school district's
7levy by the amount designated in its application to the State
8Board. When the preceding requisites are satisfied, the county
9clerk shall reduce the amount collected for the school district
10by the amount indicated in the school district's abatement
11resolution for that fiscal year.
12    (c) (Blank). Each year, the State Board shall publish an
13estimated threshold unit equivalent tax rate. School districts
14whose adjusted operating tax rate, as defined in this Section,
15is greater than the estimated threshold unit equivalent tax
16rate are eligible for relief under this Section. This estimated
17tax rate shall be based on the most recent available data
18provided by school districts pursuant to Section 18-8.15 of
19this Code. The State Board shall estimate this property tax
20rate based on the amount appropriated to the grant program and
21the assumption that a set of school districts, based on
22criteria established by the State Board, will apply for grants
23under this Section. The criteria shall be based on reasonable
24assumptions about when school districts will apply for the
25grant.
26    (d) School districts seeking grants under this Section

 

 

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1shall apply to the State Board each year. All applications to
2the State Board for grants shall include the amount of the tax
3relief intended by the school district.
4    (e) Each year, based on the most recent available data
5provided by school districts pursuant to Section 18-8.15 of
6this Code, the State Board shall calculate the order of
7priority for grant eligibility under subsection (b-5) the unit
8equivalent tax rate, based on the applications received by the
9State Board, above which the appropriations are sufficient to
10provide relief and publish a list of the school districts
11eligible for relief. The State Board shall first provide grants
12in the manner provided under subsection (b-5) to those
13districts with the highest unit equivalent tax rates.
14    (f) The State Board shall publish a final list of eligible
15grant recipients and provide payment of the grants by March 1
16of each year.
17    (g) If notice of eligibility payment from the State Board
18is received by a school district by March 1, then by March 30,
19the school district shall file an abatement of its property tax
20levy in an amount equal to the grant received under this
21Section divided by the property tax multiplier. Payment of all
22grant amounts shall be made by June 1 each fiscal year. The
23State Superintendent of Education shall establish the timeline
24in such cases in which notice cannot be made by March 1.
25    (h) The total property tax relief allowable to a school
26district under this Section shall be calculated based on the

 

 

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1total amount of reduction in the school district's aggregate
2extension. The total grant shall be equal to the reduction,
3multiplied by the property tax multiplier. The reduction shall
4be equal limited to the lesser of (i) 1% of a district's EAV
5for a unit school district, 0.69% for an elementary school
6district, or 0.31% for a high school district, multiplied by
7the school district's local capacity percentage multiplier or
8(ii) the amount that the unit equivalent tax rate is greater
9than the threshold unit equivalent tax rate determined by the
10State Board, multiplied by the school district's EAV. If clause
11(ii) of this subsection (h) is the lesser value and the
12difference between the school district's unit equivalent tax
13rate and the threshold unit equivalent tax rate is less than
141%, then the difference is multiplied by 1 for a unit school
15district, by 0.69 for an elementary school district, or by 0.31
16for a high school district.
17    (i) If the State Board does not expend all appropriations
18allocated pursuant to this Section, then any remaining funds
19shall be allocated pursuant to Section 18-8.15 of this Code.
20    (j) The State Board shall prioritize payments under Section
2118-8.15 of this Code over payments under this Section, if
22necessary.
23    (k) Any grants received by a school district shall be
24included in future calculations of that school district's Base
25Funding Minimum under Section 18-8.15 of this Code. Beginning
26with Fiscal Year 2020, if a school district receives a grant

 

 

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1under this Section, the school district must present to the
2county clerk a duly authorized and approved abatement
3resolution by March 30 for the year in which the school
4district receives the grant and the successive fiscal year
5following the receipt of the grant, authorizing the county
6clerk to lower the school district's levy by the amount
7designated in its original application to the State Board.
8After receiving a resolution, the county clerk must reduce the
9amount collected for the school district by the amount
10indicated in the school district's abatement resolution for
11that fiscal year. If a school district does not abate in this
12amount for the successive fiscal year, the grant amount may not
13be included in the school district's Base Funding Minimum under
14Section 18-8.15 in the fiscal year following the tax year in
15which the abatement is not authorized and in any future fiscal
16year thereafter, and the county clerk must notify the State
17Board of the increase no later 30 days after it occurs.
18    (l) In the tax year following receipt of a Property Tax
19Pool Relief Grant, the aggregate levy of any school district
20receiving a grant under this Section, for purposes of the
21Property Tax Extension Limitation Law, shall include the tax
22relief the school district provided in the previous taxable
23year under this Section.
24(Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18;
25100-863, eff. 8-14-18.)
 

 

 

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1    (105 ILCS 5/14-7.03)  (from Ch. 122, par. 14-7.03)
2    Sec. 14-7.03. Special education classes Education Classes
3for children Children from orphanages Orphanages, foster
4family homes, children's homes Foster Family Homes, Children's
5Homes, or in State residential units Housing Units. If a school
6district maintains special education classes on the site of
7orphanages and children's homes, or if children from the
8orphanages, children's homes, foster family homes, other State
9agencies, or State residential units for children attend
10classes for children with disabilities in which the school
11district is a participating member of a joint agreement, or if
12the children from the orphanages, children's homes, foster
13family homes, other State agencies, or State residential units
14attend classes for the children with disabilities maintained by
15the school district, then reimbursement shall be paid to
16eligible districts in accordance with the provisions of this
17Section by the Comptroller as directed by the State
18Superintendent of Education.
19    The amount of tuition for such children shall be determined
20by the actual cost of maintaining such classes, using the per
21capita cost formula set forth in Section 14-7.01, such program
22and cost to be pre-approved by the State Superintendent of
23Education.
24    If a school district makes a claim for reimbursement under
25Section 18-3 or 18-4 of this Code Act it shall not include in
26any claim filed under this Section a claim for such children.

 

 

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1Payments authorized by law, including State or federal grants
2for education of children included in this Section, shall be
3deducted in determining the tuition amount.
4    Nothing in this Code Act shall be construed so as to
5prohibit reimbursement for the tuition of children placed in
6for profit facilities. Private facilities shall provide
7adequate space at the facility for special education classes
8provided by a school district or joint agreement for children
9with disabilities who are residents of the facility at no cost
10to the school district or joint agreement upon request of the
11school district or joint agreement. If such a private facility
12provides space at no cost to the district or joint agreement
13for special education classes provided to children with
14disabilities who are residents of the facility, the district or
15joint agreement shall not include any costs for the use of
16those facilities in its claim for reimbursement.
17    Reimbursement for tuition may include the cost of providing
18summer school programs for children with severe and profound
19disabilities served under this Section. Claims for that
20reimbursement shall be filed by November 1 and shall be paid on
21or before December 15 from appropriations made for the purposes
22of this Section.
23    The State Board of Education shall establish such rules and
24regulations as may be necessary to implement the provisions of
25this Section.
26    Claims filed on behalf of programs operated under this

 

 

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1Section housed in an orphanage, children's home, private
2facility, State residential unit, district or joint agreement
3site, a jail, detention center, or county-owned shelter care
4facility shall be on an individual student basis only for
5eligible students with disabilities. These claims shall be in
6accordance with applicable rules.
7    Each district claiming reimbursement for a program
8operated as a group program shall have an approved budget on
9file with the State Board of Education prior to the initiation
10of the program's operation. On September 30, December 31, and
11March 31, the State Board of Education shall voucher payments
12to group programs based upon the approved budget during the
13year of operation. Final claims for group payments shall be
14filed on or before July 15. Final claims for group programs
15received at the State Board of Education on or before June 15
16shall be vouchered by June 30. Final claims received at the
17State Board of Education between June 16 and July 15 shall be
18vouchered by August 30. Claims for group programs received
19after July 15 shall not be honored.
20    Each district claiming reimbursement for individual
21students shall have the eligibility of those students verified
22by the State Board of Education. On September 30, December 31,
23and March 31, the State Board of Education shall voucher
24payments for individual students based upon an estimated cost
25calculated from the prior year's claim. Final claims for
26individual students for the regular school term must be

 

 

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1received at the State Board of Education by June July 15.
2Claims for individual students received after June July 15
3shall not be honored. Claims received by June 15 may be amended
4until August 1. Final claims for individual students shall be
5vouchered by August 31 30. However, notwithstanding any other
6provisions of this Section or this Code, if the amount
7appropriated for any fiscal year is less than the amount
8required for purposes of this Section, the amount required to
9eliminate any insufficient reimbursement for each district
10claim under this Section shall be reimbursed on August 31 of
11the next fiscal year. Payments required to eliminate any
12insufficiency for prior fiscal year claims shall be made before
13any claims are paid for the current fiscal year.
14    Reimbursement shall be made based upon approved group
15programs or individual students. The State Superintendent of
16Education shall direct the Comptroller to pay a specified
17amount to the district by the 30th day of September, December,
18March, June, or August, respectively. However, notwithstanding
19any other provisions of this Section or the School Code,
20beginning with fiscal year 1994 and each fiscal year
21thereafter, if the amount appropriated for any fiscal year is
22less than the amount required for purposes of this Section, the
23amount required to eliminate any insufficient reimbursement
24for each district claim under this Section shall be reimbursed
25on August 30 of the next fiscal year. Payments required to
26eliminate any insufficiency for prior fiscal year claims shall

 

 

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1be made before any claims are paid for the current fiscal year.
2    The claim of a school district otherwise eligible to be
3reimbursed in accordance with Section 14-12.01 for the 1976-77
4school year but for this amendatory Act of 1977 shall not be
5paid unless the district ceases to maintain such classes for
6one entire school year.
7    If a school district's current reimbursement payment for
8the 1977-78 school year only is less than the prior year's
9reimbursement payment owed, the district shall be paid the
10amount of the difference between the payments in addition to
11the current reimbursement payment, and the amount so paid shall
12be subtracted from the amount of prior year's reimbursement
13payment owed to the district.
14    Regional superintendents may operate special education
15classes for children from orphanages, foster family homes,
16children's homes, or State residential housing units located
17within the educational services region upon consent of the
18school board otherwise so obligated. In electing to assume the
19powers and duties of a school district in providing and
20maintaining such a special education program, the regional
21superintendent may enter into joint agreements with other
22districts and may contract with public or private schools or
23the orphanage, foster family home, children's home, or State
24residential housing unit for provision of the special education
25program. The regional superintendent exercising the powers
26granted under this Section shall be reimbursed for the actual

 

 

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1cost of providing such programs by the resident district as
2defined in Section 14-1.11a claim the reimbursement authorized
3by this Section directly from the State Board of Education.
4    Any child who is not a resident of Illinois who is placed
5in a child welfare institution, private facility, foster family
6home, State operated program, orphanage, or children's home
7shall have the payment for his educational tuition and any
8related services assured by the placing agent.
9    For each student with a disability who is placed in a
10residential facility by an Illinois public agency or by any
11court in this State, the costs for educating the student are
12eligible for reimbursement under this Section.
13    The district of residence of the student with a disability
14as defined in Section 14-1.11a is responsible for the actual
15costs of the student's special education program and is
16eligible for reimbursement under this Section when placement is
17made by a State agency or the courts.
18    When a dispute arises over the determination of the
19district of residence under this Section, the district or
20districts may appeal the decision in writing to the State
21Superintendent of Education, who, upon review of materials
22submitted and any other items or information he or she may
23request for submission, shall issue a written decision on the
24matter. The decision of the State Superintendent of Education
25shall be final.
26    In the event a district does not make a tuition payment to

 

 

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1another district that is providing the special education
2program and services, the State Board of Education shall
3immediately withhold 125% of the then remaining annual tuition
4cost from the State aid or categorical aid payment due to the
5school district that is determined to be the resident school
6district. All funds withheld by the State Board of Education
7shall immediately be forwarded to the school district where the
8student is being served.
9    When a child eligible for services under this Section
1014-7.03 must be placed in a nonpublic facility, that facility
11shall meet the programmatic requirements of Section 14-7.02 and
12its regulations, and the educational services shall be funded
13only in accordance with this Section 14-7.03.
14(Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)
 
15    (105 ILCS 5/18-3)  (from Ch. 122, par. 18-3)
16    Sec. 18-3. Tuition of children from orphanages and
17children's homes. When the children from any home for orphans,
18dependent, abandoned or maladjusted children maintained by any
19organization or association admitting to such home children
20from the State in general or when children residing in a school
21district wherein the State of Illinois maintains and operates
22any welfare or penal institution on property owned by the State
23of Illinois, which contains houses, housing units or housing
24accommodations within a school district, attend grades
25kindergarten through 12 of the public schools maintained by

 

 

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1that school district, the State Superintendent of Education
2shall direct the State Comptroller to pay a specified amount
3sufficient to pay the annual tuition cost of such children who
4attended such public schools during the regular school year
5ending on June 30. The Comptroller shall pay the amount after
6receipt of a voucher submitted by the State Superintendent of
7Education.
8    The amount of the tuition for such children attending the
9public schools of the district shall be determined by the State
10Superintendent of Education by multiplying the number of such
11children in average daily attendance in such schools by 1.2
12times the total annual per capita cost of administering the
13schools of the district. Such total annual per capita cost
14shall be determined by totaling all expenses of the school
15district in the educational, operations and maintenance, bond
16and interest, transportation, Illinois municipal retirement,
17and rent funds for the school year preceding the filing of such
18tuition claims less expenditures not applicable to the regular
19K-12 program, less offsetting revenues from State sources
20except those from the common school fund, less offsetting
21revenues from federal sources except those from federal
22impaction aid, less student and community service revenues,
23plus a depreciation allowance; and dividing such total by the
24average daily attendance for the year.
25    Annually on or before June July 15 the superintendent of
26the district shall certify to the State Superintendent of

 

 

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1Education the following:
2        1. The name of the home and of the organization or
3    association maintaining it; or the legal description of the
4    real estate upon which the house, housing units, or housing
5    accommodations are located and that no taxes or service
6    charges or other payments authorized by law to be made in
7    lieu of taxes were collected therefrom or on account
8    thereof during either of the calendar years included in the
9    school year for which claim is being made;
10        2. The number of children from the home or living in
11    such houses, housing units or housing accommodations and
12    attending the schools of the district;
13        3. The total number of children attending the schools
14    of the district;
15        4. The per capita tuition charge of the district; and
16        5. The computed amount of the tuition payment claimed
17    as due.
18    Whenever the persons in charge of such home for orphans,
19dependent, abandoned or maladjusted children have received
20from the parent or guardian of any such child or by virtue of
21an order of court a specific allowance for educating such
22child, such persons shall pay to the school board in the
23district where the child attends school such amount of the
24allowance as is necessary to pay the tuition required by such
25district for the education of the child. If the allowance is
26insufficient to pay the tuition in full the State

 

 

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1Superintendent of Education shall direct the Comptroller to pay
2to the district the difference between the total tuition
3charged and the amount of the allowance.
4    Whenever the facilities of a school district in which such
5house, housing units or housing accommodations are located, are
6limited, pupils may be assigned by that district to the schools
7of any adjacent district to the limit of the facilities of the
8adjacent district to properly educate such pupils as shall be
9determined by the school board of the adjacent district, and
10the State Superintendent of Education shall direct the
11Comptroller to pay a specified amount sufficient to pay the
12annual tuition of the children so assigned to and attending
13public schools in the adjacent districts and the Comptroller
14shall draw his warrant upon the State Treasurer for the payment
15of such amount for the benefit of the adjacent school districts
16in the same manner as for districts in which the houses,
17housing units or housing accommodations are located.
18    The school district shall certify to the State
19Superintendent of Education the report of claims due for such
20tuition payments on or before July 15. The State Superintendent
21of Education shall direct the Comptroller to pay to the
22district, on or before August 15, the amount due the district
23for the school year in accordance with the calculation of the
24claim as set forth in this Section.
25    Summer session costs shall be reimbursed based on the
26actual expenditures for providing these services. On or before

 

 

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1November 1 of each year, the superintendent of each eligible
2school district shall certify to the State Superintendent of
3Education the claim of the district for the summer session
4following the regular school year just ended. The State
5Superintendent of Education shall transmit to the Comptroller
6no later than December 15th of each year vouchers for payment
7of amounts due to school districts for summer session.
8    Claims for tuition for children from any home for orphans
9or dependent, abandoned, or maladjusted children beginning
10with the 1993-1994 school year shall be paid on a current year
11basis. On September 30, December 31, and March 31, the State
12Board of Education shall voucher payments for districts with
13those students based on an estimated cost calculated from the
14prior year's claim. The school district shall certify to the
15State Superintendent of Education the report of claims due for
16such tuition payments on or before June 15. Claims received by
17June 15 may be amended until August 1. The State Superintendent
18of Education shall direct the State Comptroller to pay to the
19district, on or before August 31, the amount due for the
20district for the school year in accordance with the calculation
21of the claim as set forth in this Section. Final claims for
22those students for the regular school term must be received at
23the State Board of Education by July 15 following the end of
24the regular school year. Final claims for those students shall
25be vouchered by August 30. During fiscal year 1994 both the
261992-1993 school year and the 1993-1994 school year shall be

 

 

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1paid in order to change the cycle of payment from a
2reimbursement basis to a current year funding basis of payment.
3However, notwithstanding any other provisions of this Section
4or the School Code, beginning with fiscal year 1994 and each
5fiscal year thereafter, if the amount appropriated for any
6fiscal year is less than the amount required for purposes of
7this Section, the amount required to eliminate any insufficient
8reimbursement for each district claim under this Section shall
9be reimbursed on August 31 30 of the next fiscal year. Payments
10required to eliminate any insufficiency for prior fiscal year
11claims shall be made before any claims are paid for the current
12fiscal year.
13    If a school district makes a claim for reimbursement under
14Section 14-7.03 it shall not include in any claim filed under
15this Section children residing on the property of State
16institutions included in its claim under Section 14-7.03.
17    Any child who is not a resident of Illinois who is placed
18in a child welfare institution, private facility, State
19operated program, orphanage or children's home shall have the
20payment for his educational tuition and any related services
21assured by the placing agent.
22    In order to provide services appropriate to allow a student
23under the legal guardianship or custodianship of the State to
24participate in local school district educational programs,
25costs may be incurred in appropriate cases by the district that
26are in excess of 1.2 times the district per capita tuition

 

 

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1charge allowed under the provisions of this Section. In the
2event such excess costs are incurred, they must be documented
3in accordance with cost rules established under the authority
4of this Section and may then be claimed for reimbursement under
5this Section.
6    Planned services for students eligible for this funding
7must be a collaborative effort between the appropriate State
8agency or the student's group home or institution and the local
9school district.
10(Source: P.A. 96-734, eff. 8-25-09; 97-256, eff. 1-1-12.)
 
11    (105 ILCS 5/18-8.15)
12    Sec. 18-8.15. Evidence-based funding for student success
13for the 2017-2018 and subsequent school years.
14    (a) General provisions.
15        (1) The purpose of this Section is to ensure that, by
16    June 30, 2027 and beyond, this State has a kindergarten
17    through grade 12 public education system with the capacity
18    to ensure the educational development of all persons to the
19    limits of their capacities in accordance with Section 1 of
20    Article X of the Constitution of the State of Illinois. To
21    accomplish that objective, this Section creates a method of
22    funding public education that is evidence-based; is
23    sufficient to ensure every student receives a meaningful
24    opportunity to learn irrespective of race, ethnicity,
25    sexual orientation, gender, or community-income level; and

 

 

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1    is sustainable and predictable. When fully funded under
2    this Section, every school shall have the resources, based
3    on what the evidence indicates is needed, to:
4            (A) provide all students with a high quality
5        education that offers the academic, enrichment, social
6        and emotional support, technical, and career-focused
7        programs that will allow them to become competitive
8        workers, responsible parents, productive citizens of
9        this State, and active members of our national
10        democracy;
11            (B) ensure all students receive the education they
12        need to graduate from high school with the skills
13        required to pursue post-secondary education and
14        training for a rewarding career;
15            (C) reduce, with a goal of eliminating, the
16        achievement gap between at-risk and non-at-risk
17        students by raising the performance of at-risk
18        students and not by reducing standards; and
19            (D) ensure this State satisfies its obligation to
20        assume the primary responsibility to fund public
21        education and simultaneously relieve the
22        disproportionate burden placed on local property taxes
23        to fund schools.
24        (2) The evidence-based funding formula under this
25    Section shall be applied to all Organizational Units in
26    this State. The evidence-based funding formula outlined in

 

 

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1    this Act is based on the formula outlined in Senate Bill 1
2    of the 100th General Assembly, as passed by both
3    legislative chambers. As further defined and described in
4    this Section, there are 4 major components of the
5    evidence-based funding model:
6            (A) First, the model calculates a unique adequacy
7        target for each Organizational Unit in this State that
8        considers the costs to implement research-based
9        activities, the unit's student demographics, and
10        regional wage difference.
11            (B) Second, the model calculates each
12        Organizational Unit's local capacity, or the amount
13        each Organizational Unit is assumed to contribute
14        towards its adequacy target from local resources.
15            (C) Third, the model calculates how much funding
16        the State currently contributes to the Organizational
17        Unit, and adds that to the unit's local capacity to
18        determine the unit's overall current adequacy of
19        funding.
20            (D) Finally, the model's distribution method
21        allocates new State funding to those Organizational
22        Units that are least well-funded, considering both
23        local capacity and State funding, in relation to their
24        adequacy target.
25        (3) An Organizational Unit receiving any funding under
26    this Section may apply those funds to any fund so received

 

 

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1    for which that Organizational Unit is authorized to make
2    expenditures by law.
3        (4) As used in this Section, the following terms shall
4    have the meanings ascribed in this paragraph (4):
5        "Adequacy Target" is defined in paragraph (1) of
6    subsection (b) of this Section.
7        "Adjusted EAV" is defined in paragraph (4) of
8    subsection (d) of this Section.
9        "Adjusted Local Capacity Target" is defined in
10    paragraph (3) of subsection (c) of this Section.
11        "Adjusted Operating Tax Rate" means a tax rate for all
12    Organizational Units, for which the State Superintendent
13    shall calculate and subtract for the Operating Tax Rate a
14    transportation rate based on total expenses for
15    transportation services under this Code, as reported on the
16    most recent Annual Financial Report in Pupil
17    Transportation Services, function 2550 in both the
18    Education and Transportation funds and functions 4110 and
19    4120 in the Transportation fund, less any corresponding
20    fiscal year State of Illinois scheduled payments excluding
21    net adjustments for prior years for regular, vocational, or
22    special education transportation reimbursement pursuant to
23    Section 29-5 or subsection (b) of Section 14-13.01 of this
24    Code divided by the Adjusted EAV. If an Organizational
25    Unit's corresponding fiscal year State of Illinois
26    scheduled payments excluding net adjustments for prior

 

 

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1    years for regular, vocational, or special education
2    transportation reimbursement pursuant to Section 29-5 or
3    subsection (b) of Section 14-13.01 of this Code exceed the
4    total transportation expenses, as defined in this
5    paragraph, no transportation rate shall be subtracted from
6    the Operating Tax Rate.
7        "Allocation Rate" is defined in paragraph (3) of
8    subsection (g) of this Section.
9        "Alternative School" means a public school that is
10    created and operated by a regional superintendent of
11    schools and approved by the State Board.
12        "Applicable Tax Rate" is defined in paragraph (1) of
13    subsection (d) of this Section.
14        "Assessment" means any of those benchmark, progress
15    monitoring, formative, diagnostic, and other assessments,
16    in addition to the State accountability assessment, that
17    assist teachers' needs in understanding the skills and
18    meeting the needs of the students they serve.
19        "Assistant principal" means a school administrator
20    duly endorsed to be employed as an assistant principal in
21    this State.
22        "At-risk student" means a student who is at risk of not
23    meeting the Illinois Learning Standards or not graduating
24    from elementary or high school and who demonstrates a need
25    for vocational support or social services beyond that
26    provided by the regular school program. All students

 

 

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1    included in an Organizational Unit's Low-Income Count, as
2    well as all English learner and disabled students attending
3    the Organizational Unit, shall be considered at-risk
4    students under this Section.
5        "Average Student Enrollment" or "ASE" for fiscal year
6    2018 means, for an Organizational Unit, the greater of the
7    average number of students (grades K through 12) reported
8    to the State Board as enrolled in the Organizational Unit
9    on October 1 in the immediately preceding school year, plus
10    the pre-kindergarten students who receive special
11    education services of 2 or more hours a day as reported to
12    the State Board on December 1 in the immediately preceding
13    school year, or the average number of students (grades K
14    through 12) reported to the State Board as enrolled in the
15    Organizational Unit on October 1, plus the
16    pre-kindergarten students who receive special education
17    services of 2 or more hours a day as reported to the State
18    Board on December 1, for each of the immediately preceding
19    3 school years. For fiscal year 2019 and each subsequent
20    fiscal year, "Average Student Enrollment" or "ASE" means,
21    for an Organizational Unit, the greater of the average
22    number of students (grades K through 12) reported to the
23    State Board as enrolled in the Organizational Unit on
24    October 1 and March 1 in the immediately preceding school
25    year, plus the pre-kindergarten students who receive
26    special education services as reported to the State Board

 

 

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1    on October 1 and March 1 in the immediately preceding
2    school year, or the average number of students (grades K
3    through 12) reported to the State Board as enrolled in the
4    Organizational Unit on October 1 and March 1, plus the
5    pre-kindergarten students who receive special education
6    services as reported to the State Board on October 1 and
7    March 1, for each of the immediately preceding 3 school
8    years. For the purposes of this definition, "enrolled in
9    the Organizational Unit" means the number of students
10    reported to the State Board who are enrolled in schools
11    within the Organizational Unit that the student attends or
12    would attend if not placed or transferred to another school
13    or program to receive needed services. For the purposes of
14    calculating "ASE", all students, grades K through 12,
15    excluding those attending kindergarten for a half day,
16    shall be counted as 1.0. All students attending
17    kindergarten for a half day shall be counted as 0.5, unless
18    in 2017 by June 15 or by March 1 in subsequent years, the
19    school district reports to the State Board of Education the
20    intent to implement full-day kindergarten district-wide
21    for all students, then all students attending kindergarten
22    shall be counted as 1.0. Special education
23    pre-kindergarten students shall be counted as 0.5 each. If
24    the State Board does not collect or has not collected both
25    an October 1 and March 1 enrollment count by grade or a
26    December 1 collection of special education

 

 

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1    pre-kindergarten students as of the effective date of this
2    amendatory Act of the 100th General Assembly, it shall
3    establish such collection for all future years. For any
4    year where a count by grade level was collected only once,
5    that count shall be used as the single count available for
6    computing a 3-year average ASE. School districts shall
7    submit the data for the ASE calculation to the State Board
8    within 45 days of the dates required in this Section for
9    submission of enrollment data in order for it to be
10    included in the ASE calculation. For fiscal year 2018 only,
11    the ASE calculation shall include only enrollment taken on
12    October 1.
13        "Base Funding Guarantee" is defined in paragraph (10)
14    of subsection (g) of this Section.
15        "Base Funding Minimum" is defined in subsection (e) of
16    this Section.
17        "Base Tax Year" means the property tax levy year used
18    to calculate the Budget Year allocation of primary State
19    aid.
20        "Base Tax Year's Extension" means the product of the
21    equalized assessed valuation utilized by the county clerk
22    in the Base Tax Year multiplied by the limiting rate as
23    calculated by the county clerk and defined in PTELL.
24        "Bilingual Education Allocation" means the amount of
25    an Organizational Unit's final Adequacy Target
26    attributable to bilingual education divided by the

 

 

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1    Organizational Unit's final Adequacy Target, the product
2    of which shall be multiplied by the amount of new funding
3    received pursuant to this Section. An Organizational
4    Unit's final Adequacy Target attributable to bilingual
5    education shall include all additional investments in
6    English learner students' adequacy elements.
7        "Budget Year" means the school year for which primary
8    State aid is calculated and awarded under this Section.
9        "Central office" means individual administrators and
10    support service personnel charged with managing the
11    instructional programs, business and operations, and
12    security of the Organizational Unit.
13        "Comparable Wage Index" or "CWI" means a regional cost
14    differentiation metric that measures systemic, regional
15    variations in the salaries of college graduates who are not
16    educators. The CWI utilized for this Section shall, for the
17    first 3 years of Evidence-Based Funding implementation, be
18    the CWI initially developed by the National Center for
19    Education Statistics, as most recently updated by Texas A &
20    M University. In the fourth and subsequent years of
21    Evidence-Based Funding implementation, the State
22    Superintendent shall re-determine the CWI using a similar
23    methodology to that identified in the Texas A & M
24    University study, with adjustments made no less frequently
25    than once every 5 years.
26        "Computer technology and equipment" means computers

 

 

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1    servers, notebooks, network equipment, copiers, printers,
2    instructional software, security software, curriculum
3    management courseware, and other similar materials and
4    equipment.
5        "Computer technology and equipment investment
6    allocation" means the final Adequacy Target amount of an
7    Organizational Unit assigned to Tier 1 or Tier 2 in the
8    prior school year attributable to the additional $285.50
9    per student computer technology and equipment investment
10    grant divided by the Organizational Unit's final Adequacy
11    Target, the result of which shall be multiplied by the
12    amount of new funding received pursuant to this Section. An
13    Organizational Unit assigned to a Tier 1 or Tier 2 final
14    Adequacy Target attributable to the received computer
15    technology and equipment investment grant shall include
16    all additional investments in computer technology and
17    equipment adequacy elements.
18        "Core subject" means mathematics; science; reading,
19    English, writing, and language arts; history and social
20    studies; world languages; and subjects taught as Advanced
21    Placement in high schools.
22        "Core teacher" means a regular classroom teacher in
23    elementary schools and teachers of a core subject in middle
24    and high schools.
25        "Core Intervention teacher (tutor)" means a licensed
26    teacher providing one-on-one or small group tutoring to

 

 

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1    students struggling to meet proficiency in core subjects.
2        "CPPRT" means corporate personal property replacement
3    tax funds paid to an Organizational Unit during the
4    calendar year one year before the calendar year in which a
5    school year begins, pursuant to "An Act in relation to the
6    abolition of ad valorem personal property tax and the
7    replacement of revenues lost thereby, and amending and
8    repealing certain Acts and parts of Acts in connection
9    therewith", certified August 14, 1979, as amended (Public
10    Act 81-1st S.S.-1).
11        "EAV" means equalized assessed valuation as defined in
12    paragraph (2) of subsection (d) of this Section and
13    calculated in accordance with paragraph (3) of subsection
14    (d) of this Section.
15        "ECI" means the Bureau of Labor Statistics' national
16    employment cost index for civilian workers in educational
17    services in elementary and secondary schools on a
18    cumulative basis for the 12-month calendar year preceding
19    the fiscal year of the Evidence-Based Funding calculation.
20        "EIS Data" means the employment information system
21    data maintained by the State Board on educators within
22    Organizational Units.
23        "Employee benefits" means health, dental, and vision
24    insurance offered to employees of an Organizational Unit,
25    the costs associated with statutorily required payment of
26    the normal cost of the Organizational Unit's teacher

 

 

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1    pensions, Social Security employer contributions, and
2    Illinois Municipal Retirement Fund employer contributions.
3        "English learner" or "EL" means a child included in the
4    definition of "English learners" under Section 14C-2 of
5    this Code participating in a program of transitional
6    bilingual education or a transitional program of
7    instruction meeting the requirements and program
8    application procedures of Article 14C of this Code. For the
9    purposes of collecting the number of EL students enrolled,
10    the same collection and calculation methodology as defined
11    above for "ASE" shall apply to English learners, with the
12    exception that EL student enrollment shall include
13    students in grades pre-kindergarten through 12.
14        "Essential Elements" means those elements, resources,
15    and educational programs that have been identified through
16    academic research as necessary to improve student success,
17    improve academic performance, close achievement gaps, and
18    provide for other per student costs related to the delivery
19    and leadership of the Organizational Unit, as well as the
20    maintenance and operations of the unit, and which are
21    specified in paragraph (2) of subsection (b) of this
22    Section.
23        "Evidence-Based Funding" means State funding provided
24    to an Organizational Unit pursuant to this Section.
25        "Extended day" means academic and enrichment programs
26    provided to students outside the regular school day before

 

 

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1    and after school or during non-instructional times during
2    the school day.
3        "Extension Limitation Ratio" means a numerical ratio
4    in which the numerator is the Base Tax Year's Extension and
5    the denominator is the Preceding Tax Year's Extension.
6        "Final Percent of Adequacy" is defined in paragraph (4)
7    of subsection (f) of this Section.
8        "Final Resources" is defined in paragraph (3) of
9    subsection (f) of this Section.
10        "Full-time equivalent" or "FTE" means the full-time
11    equivalency compensation for staffing the relevant
12    position at an Organizational Unit.
13        "Funding Gap" is defined in paragraph (1) of subsection
14    (g).
15        "Guidance counselor" means a licensed guidance
16    counselor who provides guidance and counseling support for
17    students within an Organizational Unit.
18        "Hybrid District" means a partial elementary unit
19    district created pursuant to Article 11E of this Code.
20        "Instructional assistant" means a core or special
21    education, non-licensed employee who assists a teacher in
22    the classroom and provides academic support to students.
23        "Instructional facilitator" means a qualified teacher
24    or licensed teacher leader who facilitates and coaches
25    continuous improvement in classroom instruction; provides
26    instructional support to teachers in the elements of

 

 

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1    research-based instruction or demonstrates the alignment
2    of instruction with curriculum standards and assessment
3    tools; develops or coordinates instructional programs or
4    strategies; develops and implements training; chooses
5    standards-based instructional materials; provides teachers
6    with an understanding of current research; serves as a
7    mentor, site coach, curriculum specialist, or lead
8    teacher; or otherwise works with fellow teachers, in
9    collaboration, to use data to improve instructional
10    practice or develop model lessons.
11        "Instructional materials" means relevant instructional
12    materials for student instruction, including, but not
13    limited to, textbooks, consumable workbooks, laboratory
14    equipment, library books, and other similar materials.
15        "Laboratory School" means a public school that is
16    created and operated by a public university and approved by
17    the State Board.
18        "Librarian" means a teacher with an endorsement as a
19    library information specialist or another individual whose
20    primary responsibility is overseeing library resources
21    within an Organizational Unit.
22        "Limiting rate for Hybrid Districts" means the
23    combined elementary school and high school limited rates.
24        "Local Capacity" is defined in paragraph (1) of
25    subsection (c) of this Section.
26        "Local Capacity Percentage" is defined in subparagraph

 

 

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1    (A) of paragraph (2) of subsection (c) of this Section.
2        "Local Capacity Ratio" is defined in subparagraph (B)
3    of paragraph (2) of subsection (c) of this Section.
4        "Local Capacity Target" is defined in paragraph (2) of
5    subsection (c) of this Section.
6        "Low-Income Count" means, for an Organizational Unit
7    in a fiscal year, the higher of the average number of
8    students for the prior school year or the immediately
9    preceding 3 school years who, as of July 1 of the
10    immediately preceding fiscal year (as determined by the
11    Department of Human Services), are eligible for at least
12    one of the following low income programs: Medicaid, the
13    Children's Health Insurance Program, TANF, or the
14    Supplemental Nutrition Assistance Program, excluding
15    pupils who are eligible for services provided by the
16    Department of Children and Family Services. Until such time
17    that grade level low-income populations become available,
18    grade level low-income populations shall be determined by
19    applying the low-income percentage to total student
20    enrollments by grade level. The low-income percentage is
21    determined by dividing the Low-Income Count by the Average
22    Student Enrollment.
23        "Maintenance and operations" means custodial services,
24    facility and ground maintenance, facility operations,
25    facility security, routine facility repairs, and other
26    similar services and functions.

 

 

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1        "Minimum Funding Level" is defined in paragraph (9) of
2    subsection (g) of this Section.
3        "New Property Tax Relief Pool Funds" means, for any
4    given fiscal year, all State funds appropriated under
5    Section 2-3.170 of the School Code.
6        "New State Funds" means, for a given school year, all
7    State funds appropriated for Evidence-Based Funding in
8    excess of the amount needed to fund the Base Funding
9    Minimum for all Organizational Units in that school year.
10        "Net State Contribution Target" means, for a given
11    school year, the amount of State funds that would be
12    necessary to fully meet the Adequacy Target of an
13    Operational Unit minus the Preliminary Resources available
14    to each unit.
15        "Nurse" means an individual licensed as a certified
16    school nurse, in accordance with the rules established for
17    nursing services by the State Board, who is an employee of
18    and is available to provide health care-related services
19    for students of an Organizational Unit.
20        "Operating Tax Rate" means the rate utilized in the
21    previous year to extend property taxes for all purposes,
22    except, Bond and Interest, Summer School, Rent, Capital
23    Improvement, and Vocational Education Building purposes.
24    For Hybrid Districts, the Operating Tax Rate shall be the
25    combined elementary and high school rates utilized in the
26    previous year to extend property taxes for all purposes,

 

 

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1    except, Bond and Interest, Summer School, Rent, Capital
2    Improvement, and Vocational Education Building purposes.
3        "Organizational Unit" means a Laboratory School or any
4    public school district that is recognized as such by the
5    State Board and that contains elementary schools typically
6    serving kindergarten through 5th grades, middle schools
7    typically serving 6th through 8th grades, or high schools
8    typically serving 9th through 12th grades. The General
9    Assembly acknowledges that the actual grade levels served
10    by a particular Organizational Unit may vary slightly from
11    what is typical.
12        "Organizational Unit CWI" is determined by calculating
13    the CWI in the region and original county in which an
14    Organizational Unit's primary administrative office is
15    located as set forth in this paragraph, provided that if
16    the Organizational Unit CWI as calculated in accordance
17    with this paragraph is less than 0.9, the Organizational
18    Unit CWI shall be increased to 0.9. Each county's current
19    CWI value shall be adjusted based on the CWI value of that
20    county's neighboring Illinois counties, to create a
21    "weighted adjusted index value". This shall be calculated
22    by summing the CWI values of all of a county's adjacent
23    Illinois counties and dividing by the number of adjacent
24    Illinois counties, then taking the weighted value of the
25    original county's CWI value and the adjacent Illinois
26    county average. To calculate this weighted value, if the

 

 

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1    number of adjacent Illinois counties is greater than 2, the
2    original county's CWI value will be weighted at 0.25 and
3    the adjacent Illinois county average will be weighted at
4    0.75. If the number of adjacent Illinois counties is 2, the
5    original county's CWI value will be weighted at 0.33 and
6    the adjacent Illinois county average will be weighted at
7    0.66. The greater of the county's current CWI value and its
8    weighted adjusted index value shall be used as the
9    Organizational Unit CWI.
10        "Preceding Tax Year" means the property tax levy year
11    immediately preceding the Base Tax Year.
12        "Preceding Tax Year's Extension" means the product of
13    the equalized assessed valuation utilized by the county
14    clerk in the Preceding Tax Year multiplied by the Operating
15    Tax Rate.
16        "Preliminary Percent of Adequacy" is defined in
17    paragraph (2) of subsection (f) of this Section.
18        "Preliminary Resources" is defined in paragraph (2) of
19    subsection (f) of this Section.
20        "Principal" means a school administrator duly endorsed
21    to be employed as a principal in this State.
22        "Professional development" means training programs for
23    licensed staff in schools, including, but not limited to,
24    programs that assist in implementing new curriculum
25    programs, provide data focused or academic assessment data
26    training to help staff identify a student's weaknesses and

 

 

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1    strengths, target interventions, improve instruction,
2    encompass instructional strategies for English learner,
3    gifted, or at-risk students, address inclusivity, cultural
4    sensitivity, or implicit bias, or otherwise provide
5    professional support for licensed staff.
6        "Prototypical" means 450 special education
7    pre-kindergarten and kindergarten through grade 5 students
8    for an elementary school, 450 grade 6 through 8 students
9    for a middle school, and 600 grade 9 through 12 students
10    for a high school.
11        "PTELL" means the Property Tax Extension Limitation
12    Law.
13        "PTELL EAV" is defined in paragraph (4) of subsection
14    (d) of this Section.
15        "Pupil support staff" means a nurse, psychologist,
16    social worker, family liaison personnel, or other staff
17    member who provides support to at-risk or struggling
18    students.
19        "Real Receipts" is defined in paragraph (1) of
20    subsection (d) of this Section.
21        "Regionalization Factor" means, for a particular
22    Organizational Unit, the figure derived by dividing the
23    Organizational Unit CWI by the Statewide Weighted CWI.
24        "School site staff" means the primary school secretary
25    and any additional clerical personnel assigned to a school.
26        "Special education" means special educational

 

 

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1    facilities and services, as defined in Section 14-1.08 of
2    this Code.
3        "Special Education Allocation" means the amount of an
4    Organizational Unit's final Adequacy Target attributable
5    to special education divided by the Organizational Unit's
6    final Adequacy Target, the product of which shall be
7    multiplied by the amount of new funding received pursuant
8    to this Section. An Organizational Unit's final Adequacy
9    Target attributable to special education shall include all
10    special education investment adequacy elements.
11        "Specialist teacher" means a teacher who provides
12    instruction in subject areas not included in core subjects,
13    including, but not limited to, art, music, physical
14    education, health, driver education, career-technical
15    education, and such other subject areas as may be mandated
16    by State law or provided by an Organizational Unit.
17        "Specially Funded Unit" means an Alternative School,
18    safe school, Department of Juvenile Justice school,
19    special education cooperative or entity recognized by the
20    State Board as a special education cooperative,
21    State-approved charter school, or alternative learning
22    opportunities program that received direct funding from
23    the State Board during the 2016-2017 school year through
24    any of the funding sources included within the calculation
25    of the Base Funding Minimum or Glenwood Academy.
26        "Supplemental Grant Funding" means supplemental

 

 

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1    general State aid funding received by an Organization Unit
2    during the 2016-2017 school year pursuant to subsection (H)
3    of Section 18-8.05 of this Code (now repealed).
4        "State Adequacy Level" is the sum of the Adequacy
5    Targets of all Organizational Units.
6        "State Board" means the State Board of Education.
7        "State Superintendent" means the State Superintendent
8    of Education.
9        "Statewide Weighted CWI" means a figure determined by
10    multiplying each Organizational Unit CWI times the ASE for
11    that Organizational Unit creating a weighted value,
12    summing all Organizational Unit's weighted values, and
13    dividing by the total ASE of all Organizational Units,
14    thereby creating an average weighted index.
15        "Student activities" means non-credit producing
16    after-school programs, including, but not limited to,
17    clubs, bands, sports, and other activities authorized by
18    the school board of the Organizational Unit.
19        "Substitute teacher" means an individual teacher or
20    teaching assistant who is employed by an Organizational
21    Unit and is temporarily serving the Organizational Unit on
22    a per diem or per period-assignment basis replacing another
23    staff member.
24        "Summer school" means academic and enrichment programs
25    provided to students during the summer months outside of
26    the regular school year.

 

 

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1        "Supervisory aide" means a non-licensed staff member
2    who helps in supervising students of an Organizational
3    Unit, but does so outside of the classroom, in situations
4    such as, but not limited to, monitoring hallways and
5    playgrounds, supervising lunchrooms, or supervising
6    students when being transported in buses serving the
7    Organizational Unit.
8        "Target Ratio" is defined in paragraph (4) of
9    subsection (g).
10        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
11    in paragraph (3) of subsection (g).
12        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
13    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
14    Funding" are defined in paragraph (1) of subsection (g).
15    (b) Adequacy Target calculation.
16        (1) Each Organizational Unit's Adequacy Target is the
17    sum of the Organizational Unit's cost of providing
18    Essential Elements, as calculated in accordance with this
19    subsection (b), with the salary amounts in the Essential
20    Elements multiplied by a Regionalization Factor calculated
21    pursuant to paragraph (3) of this subsection (b).
22        (2) The Essential Elements are attributable on a pro
23    rata basis related to defined subgroups of the ASE of each
24    Organizational Unit as specified in this paragraph (2),
25    with investments and FTE positions pro rata funded based on
26    ASE counts in excess or less than the thresholds set forth

 

 

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1    in this paragraph (2). The method for calculating
2    attributable pro rata costs and the defined subgroups
3    thereto are as follows:
4            (A) Core class size investments. Each
5        Organizational Unit shall receive the funding required
6        to support that number of FTE core teacher positions as
7        is needed to keep the respective class sizes of the
8        Organizational Unit to the following maximum numbers:
9                (i) For grades kindergarten through 3, the
10            Organizational Unit shall receive funding required
11            to support one FTE core teacher position for every
12            15 Low-Income Count students in those grades and
13            one FTE core teacher position for every 20
14            non-Low-Income Count students in those grades.
15                (ii) For grades 4 through 12, the
16            Organizational Unit shall receive funding required
17            to support one FTE core teacher position for every
18            20 Low-Income Count students in those grades and
19            one FTE core teacher position for every 25
20            non-Low-Income Count students in those grades.
21            The number of non-Low-Income Count students in a
22        grade shall be determined by subtracting the
23        Low-Income students in that grade from the ASE of the
24        Organizational Unit for that grade.
25            (B) Specialist teacher investments. Each
26        Organizational Unit shall receive the funding needed

 

 

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1        to cover that number of FTE specialist teacher
2        positions that correspond to the following
3        percentages:
4                (i) if the Organizational Unit operates an
5            elementary or middle school, then 20.00% of the
6            number of the Organizational Unit's core teachers,
7            as determined under subparagraph (A) of this
8            paragraph (2); and
9                (ii) if such Organizational Unit operates a
10            high school, then 33.33% of the number of the
11            Organizational Unit's core teachers.
12            (C) Instructional facilitator investments. Each
13        Organizational Unit shall receive the funding needed
14        to cover one FTE instructional facilitator position
15        for every 200 combined ASE of pre-kindergarten
16        children with disabilities and all kindergarten
17        through grade 12 students of the Organizational Unit.
18            (D) Core intervention teacher (tutor) investments.
19        Each Organizational Unit shall receive the funding
20        needed to cover one FTE teacher position for each
21        prototypical elementary, middle, and high school.
22            (E) Substitute teacher investments. Each
23        Organizational Unit shall receive the funding needed
24        to cover substitute teacher costs that is equal to
25        5.70% of the minimum pupil attendance days required
26        under Section 10-19 of this Code for all full-time

 

 

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1        equivalent core, specialist, and intervention
2        teachers, school nurses, special education teachers
3        and instructional assistants, instructional
4        facilitators, and summer school and extended-day
5        teacher positions, as determined under this paragraph
6        (2), at a salary rate of 33.33% of the average salary
7        for grade K through 12 teachers and 33.33% of the
8        average salary of each instructional assistant
9        position.
10            (F) Core guidance counselor investments. Each
11        Organizational Unit shall receive the funding needed
12        to cover one FTE guidance counselor for each 450
13        combined ASE of pre-kindergarten children with
14        disabilities and all kindergarten through grade 5
15        students, plus one FTE guidance counselor for each 250
16        grades 6 through 8 ASE middle school students, plus one
17        FTE guidance counselor for each 250 grades 9 through 12
18        ASE high school students.
19            (G) Nurse investments. Each Organizational Unit
20        shall receive the funding needed to cover one FTE nurse
21        for each 750 combined ASE of pre-kindergarten children
22        with disabilities and all kindergarten through grade
23        12 students across all grade levels it serves.
24            (H) Supervisory aide investments. Each
25        Organizational Unit shall receive the funding needed
26        to cover one FTE for each 225 combined ASE of

 

 

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1        pre-kindergarten children with disabilities and all
2        kindergarten through grade 5 students, plus one FTE for
3        each 225 ASE middle school students, plus one FTE for
4        each 200 ASE high school students.
5            (I) Librarian investments. Each Organizational
6        Unit shall receive the funding needed to cover one FTE
7        librarian for each prototypical elementary school,
8        middle school, and high school and one FTE aide or
9        media technician for every 300 combined ASE of
10        pre-kindergarten children with disabilities and all
11        kindergarten through grade 12 students.
12            (J) Principal investments. Each Organizational
13        Unit shall receive the funding needed to cover one FTE
14        principal position for each prototypical elementary
15        school, plus one FTE principal position for each
16        prototypical middle school, plus one FTE principal
17        position for each prototypical high school.
18            (K) Assistant principal investments. Each
19        Organizational Unit shall receive the funding needed
20        to cover one FTE assistant principal position for each
21        prototypical elementary school, plus one FTE assistant
22        principal position for each prototypical middle
23        school, plus one FTE assistant principal position for
24        each prototypical high school.
25            (L) School site staff investments. Each
26        Organizational Unit shall receive the funding needed

 

 

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1        for one FTE position for each 225 ASE of
2        pre-kindergarten children with disabilities and all
3        kindergarten through grade 5 students, plus one FTE
4        position for each 225 ASE middle school students, plus
5        one FTE position for each 200 ASE high school students.
6            (M) Gifted investments. Each Organizational Unit
7        shall receive $40 per kindergarten through grade 12
8        ASE.
9            (N) Professional development investments. Each
10        Organizational Unit shall receive $125 per student of
11        the combined ASE of pre-kindergarten children with
12        disabilities and all kindergarten through grade 12
13        students for trainers and other professional
14        development-related expenses for supplies and
15        materials.
16            (O) Instructional material investments. Each
17        Organizational Unit shall receive $190 per student of
18        the combined ASE of pre-kindergarten children with
19        disabilities and all kindergarten through grade 12
20        students to cover instructional material costs.
21            (P) Assessment investments. Each Organizational
22        Unit shall receive $25 per student of the combined ASE
23        of pre-kindergarten children with disabilities and all
24        kindergarten through grade 12 students student to
25        cover assessment costs.
26            (Q) Computer technology and equipment investments.

 

 

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1        Each Organizational Unit shall receive $285.50 per
2        student of the combined ASE of pre-kindergarten
3        children with disabilities and all kindergarten
4        through grade 12 students to cover computer technology
5        and equipment costs. For the 2018-2019 school year and
6        subsequent school years, Organizational Units assigned
7        to Tier 1 and Tier 2 in the prior school year shall
8        receive an additional $285.50 per student of the
9        combined ASE of pre-kindergarten children with
10        disabilities and all kindergarten through grade 12
11        students to cover computer technology and equipment
12        costs in the Organization Unit's Adequacy Target. The
13        State Board may establish additional requirements for
14        Organizational Unit expenditures of funds received
15        pursuant to this subparagraph (Q), including a
16        requirement that funds received pursuant to this
17        subparagraph (Q) may be used only for serving the
18        technology needs of the district. It is the intent of
19        this amendatory Act of the 100th General Assembly that
20        all Tier 1 and Tier 2 districts receive the addition to
21        their Adequacy Target in the following year, subject to
22        compliance with the requirements of the State Board.
23            (R) Student activities investments. Each
24        Organizational Unit shall receive the following
25        funding amounts to cover student activities: $100 per
26        kindergarten through grade 5 ASE student in elementary

 

 

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1        school, plus $200 per ASE student in middle school,
2        plus $675 per ASE student in high school.
3            (S) Maintenance and operations investments. Each
4        Organizational Unit shall receive $1,038 per student
5        of the combined ASE of pre-kindergarten children with
6        disabilities and all kindergarten through grade 12 for
7        day-to-day maintenance and operations expenditures,
8        including salary, supplies, and materials, as well as
9        purchased services, but excluding employee benefits.
10        The proportion of salary for the application of a
11        Regionalization Factor and the calculation of benefits
12        is equal to $352.92.
13            (T) Central office investments. Each
14        Organizational Unit shall receive $742 per student of
15        the combined ASE of pre-kindergarten children with
16        disabilities and all kindergarten through grade 12
17        students to cover central office operations, including
18        administrators and classified personnel charged with
19        managing the instructional programs, business and
20        operations of the school district, and security
21        personnel. The proportion of salary for the
22        application of a Regionalization Factor and the
23        calculation of benefits is equal to $368.48.
24            (U) Employee benefit investments. Each
25        Organizational Unit shall receive 30% of the total of
26        all salary-calculated elements of the Adequacy Target,

 

 

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1        excluding substitute teachers and student activities
2        investments, to cover benefit costs. For central
3        office and maintenance and operations investments, the
4        benefit calculation shall be based upon the salary
5        proportion of each investment. If at any time the
6        responsibility for funding the employer normal cost of
7        teacher pensions is assigned to school districts, then
8        that amount certified by the Teachers' Retirement
9        System of the State of Illinois to be paid by the
10        Organizational Unit for the preceding school year
11        shall be added to the benefit investment. For any
12        fiscal year in which a school district organized under
13        Article 34 of this Code is responsible for paying the
14        employer normal cost of teacher pensions, then that
15        amount of its employer normal cost plus the amount for
16        retiree health insurance as certified by the Public
17        School Teachers' Pension and Retirement Fund of
18        Chicago to be paid by the school district for the
19        preceding school year that is statutorily required to
20        cover employer normal costs and the amount for retiree
21        health insurance shall be added to the 30% specified in
22        this subparagraph (U). The Teachers' Retirement System
23        of the State of Illinois and the Public School
24        Teachers' Pension and Retirement Fund of Chicago shall
25        submit such information as the State Superintendent
26        may require for the calculations set forth in this

 

 

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1        subparagraph (U).
2            (V) Additional investments in low-income students.
3        In addition to and not in lieu of all other funding
4        under this paragraph (2), each Organizational Unit
5        shall receive funding based on the average teacher
6        salary for grades K through 12 to cover the costs of:
7                (i) one FTE intervention teacher (tutor)
8            position for every 125 Low-Income Count students;
9                (ii) one FTE pupil support staff position for
10            every 125 Low-Income Count students;
11                (iii) one FTE extended day teacher position
12            for every 120 Low-Income Count students; and
13                (iv) one FTE summer school teacher position
14            for every 120 Low-Income Count students.
15            (W) Additional investments in English learner
16        students. In addition to and not in lieu of all other
17        funding under this paragraph (2), each Organizational
18        Unit shall receive funding based on the average teacher
19        salary for grades K through 12 to cover the costs of:
20                (i) one FTE intervention teacher (tutor)
21            position for every 125 English learner students;
22                (ii) one FTE pupil support staff position for
23            every 125 English learner students;
24                (iii) one FTE extended day teacher position
25            for every 120 English learner students;
26                (iv) one FTE summer school teacher position

 

 

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1            for every 120 English learner students; and
2                (v) one FTE core teacher position for every 100
3            English learner students.
4            (X) Special education investments. Each
5        Organizational Unit shall receive funding based on the
6        average teacher salary for grades K through 12 to cover
7        special education as follows:
8                (i) one FTE teacher position for every 141
9            combined ASE of pre-kindergarten children with
10            disabilities and all kindergarten through grade 12
11            students;
12                (ii) one FTE instructional assistant for every
13            141 combined ASE of pre-kindergarten children with
14            disabilities and all kindergarten through grade 12
15            students; and
16                (iii) one FTE psychologist position for every
17            1,000 combined ASE of pre-kindergarten children
18            with disabilities and all kindergarten through
19            grade 12 students.
20        (3) For calculating the salaries included within the
21    Essential Elements, the State Superintendent shall
22    annually calculate average salaries to the nearest dollar
23    using the employment information system data maintained by
24    the State Board, limited to public schools only and
25    excluding special education and vocational cooperatives,
26    schools operated by the Department of Juvenile Justice, and

 

 

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1    charter schools, for the following positions:
2            (A) Teacher for grades K through 8.
3            (B) Teacher for grades 9 through 12.
4            (C) Teacher for grades K through 12.
5            (D) Guidance counselor for grades K through 8.
6            (E) Guidance counselor for grades 9 through 12.
7            (F) Guidance counselor for grades K through 12.
8            (G) Social worker.
9            (H) Psychologist.
10            (I) Librarian.
11            (J) Nurse.
12            (K) Principal.
13            (L) Assistant principal.
14        For the purposes of this paragraph (3), "teacher"
15    includes core teachers, specialist and elective teachers,
16    instructional facilitators, tutors, special education
17    teachers, pupil support staff teachers, English learner
18    teachers, extended-day teachers, and summer school
19    teachers. Where specific grade data is not required for the
20    Essential Elements, the average salary for corresponding
21    positions shall apply. For substitute teachers, the
22    average teacher salary for grades K through 12 shall apply.
23        For calculating the salaries included within the
24    Essential Elements for positions not included within EIS
25    Data, the following salaries shall be used in the first
26    year of implementation of Evidence-Based Funding:

 

 

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1            (i) school site staff, $30,000; and
2            (ii) non-instructional assistant, instructional
3        assistant, library aide, library media tech, or
4        supervisory aide: $25,000.
5        In the second and subsequent years of implementation of
6    Evidence-Based Funding, the amounts in items (i) and (ii)
7    of this paragraph (3) shall annually increase by the ECI.
8        The salary amounts for the Essential Elements
9    determined pursuant to subparagraphs (A) through (L), (S)
10    and (T), and (V) through (X) of paragraph (2) of subsection
11    (b) of this Section shall be multiplied by a
12    Regionalization Factor.
13    (c) Local capacity calculation.
14        (1) Each Organizational Unit's Local Capacity
15    represents an amount of funding it is assumed to contribute
16    toward its Adequacy Target for purposes of the
17    Evidence-Based Funding formula calculation. "Local
18    Capacity" means either (i) the Organizational Unit's Local
19    Capacity Target as calculated in accordance with paragraph
20    (2) of this subsection (c) if its Real Receipts are equal
21    to or less than its Local Capacity Target or (ii) the
22    Organizational Unit's Adjusted Local Capacity, as
23    calculated in accordance with paragraph (3) of this
24    subsection (c) if Real Receipts are more than its Local
25    Capacity Target.
26        (2) "Local Capacity Target" means, for an

 

 

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1    Organizational Unit, that dollar amount that is obtained by
2    multiplying its Adequacy Target by its Local Capacity
3    Ratio.
4            (A) An Organizational Unit's Local Capacity
5        Percentage is the conversion of the Organizational
6        Unit's Local Capacity Ratio, as such ratio is
7        determined in accordance with subparagraph (B) of this
8        paragraph (2), into a cumulative distribution
9        resulting in a percentile ranking to determine each
10        Organizational Unit's relative position to all other
11        Organizational Units in this State. The calculation of
12        Local Capacity Percentage is described in subparagraph
13        (C) of this paragraph (2).
14            (B) An Organizational Unit's Local Capacity Ratio
15        in a given year is the percentage obtained by dividing
16        its Adjusted EAV or PTELL EAV, whichever is less, by
17        its Adequacy Target, with the resulting ratio further
18        adjusted as follows:
19                (i) for Organizational Units serving grades
20            kindergarten through 12 and Hybrid Districts, no
21            further adjustments shall be made;
22                (ii) for Organizational Units serving grades
23            kindergarten through 8, the ratio shall be
24            multiplied by 9/13;
25                (iii) for Organizational Units serving grades
26            9 through 12, the Local Capacity Ratio shall be

 

 

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1            multiplied by 4/13; and
2                (iv) for an Organizational Unit with a
3            different grade configuration than those specified
4            in items (i) through (iii) of this subparagraph
5            (B), the State Superintendent shall determine a
6            comparable adjustment based on the grades served.
7            (C) The Local Capacity Percentage is equal to the
8        percentile ranking of the district. Local Capacity
9        Percentage converts each Organizational Unit's Local
10        Capacity Ratio to a cumulative distribution resulting
11        in a percentile ranking to determine each
12        Organizational Unit's relative position to all other
13        Organizational Units in this State. The Local Capacity
14        Percentage cumulative distribution resulting in a
15        percentile ranking for each Organizational Unit shall
16        be calculated using the standard normal distribution
17        of the score in relation to the weighted mean and
18        weighted standard deviation and Local Capacity Ratios
19        of all Organizational Units. If the value assigned to
20        any Organizational Unit is in excess of 90%, the value
21        shall be adjusted to 90%. For Laboratory Schools, the
22        Local Capacity Percentage shall be set at 10% in
23        recognition of the absence of EAV and resources from
24        the public university that are allocated to the
25        Laboratory School. The weighted mean for the Local
26        Capacity Percentage shall be determined by multiplying

 

 

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1        each Organizational Unit's Local Capacity Ratio times
2        the ASE for the unit creating a weighted value, summing
3        the weighted values of all Organizational Units, and
4        dividing by the total ASE of all Organizational Units.
5        The weighted standard deviation shall be determined by
6        taking the square root of the weighted variance of all
7        Organizational Units' Local Capacity Ratio, where the
8        variance is calculated by squaring the difference
9        between each unit's Local Capacity Ratio and the
10        weighted mean, then multiplying the variance for each
11        unit times the ASE for the unit to create a weighted
12        variance for each unit, then summing all units'
13        weighted variance and dividing by the total ASE of all
14        units.
15            (D) For any Organizational Unit, the
16        Organizational Unit's Adjusted Local Capacity Target
17        shall be reduced by either (i) the school board's
18        remaining contribution pursuant to paragraph (ii) of
19        subsection (b-4) of Section 16-158 of the Illinois
20        Pension Code in a given year, or (ii) the board of
21        education's remaining contribution pursuant to
22        paragraph (iv) of subsection (b) of Section 17-129 of
23        the Illinois Pension Code absent the employer normal
24        cost portion of the required contribution and amount
25        allowed pursuant to subdivision (3) of Section
26        17-142.1 of the Illinois Pension Code in a given year.

 

 

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1        In the preceding sentence, item (i) shall be certified
2        to the State Board of Education by the Teachers'
3        Retirement System of the State of Illinois and item
4        (ii) shall be certified to the State Board of Education
5        by the Public School Teachers' Pension and Retirement
6        Fund of the City of Chicago.
7        (3) If an Organizational Unit's Real Receipts are more
8    than its Local Capacity Target, then its Local Capacity
9    shall equal an Adjusted Local Capacity Target as calculated
10    in accordance with this paragraph (3). The Adjusted Local
11    Capacity Target is calculated as the sum of the
12    Organizational Unit's Local Capacity Target and its Real
13    Receipts Adjustment. The Real Receipts Adjustment equals
14    the Organizational Unit's Real Receipts less its Local
15    Capacity Target, with the resulting figure multiplied by
16    the Local Capacity Percentage.
17        As used in this paragraph (3), "Real Percent of
18    Adequacy" means the sum of an Organizational Unit's Real
19    Receipts, CPPRT, and Base Funding Minimum, with the
20    resulting figure divided by the Organizational Unit's
21    Adequacy Target.
22    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
23purposes of the Local Capacity calculation.
24        (1) An Organizational Unit's Real Receipts are the
25    product of its Applicable Tax Rate and its Adjusted EAV. An
26    Organizational Unit's Applicable Tax Rate is its Adjusted

 

 

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1    Operating Tax Rate for property within the Organizational
2    Unit.
3        (2) The State Superintendent shall calculate the
4    Equalized Assessed Valuation, or EAV, of all taxable
5    property of each Organizational Unit as of September 30 of
6    the previous year in accordance with paragraph (3) of this
7    subsection (d). The State Superintendent shall then
8    determine the Adjusted EAV of each Organizational Unit in
9    accordance with paragraph (4) of this subsection (d), which
10    Adjusted EAV figure shall be used for the purposes of
11    calculating Local Capacity.
12        (3) To calculate Real Receipts and EAV, the Department
13    of Revenue shall supply to the State Superintendent the
14    value as equalized or assessed by the Department of Revenue
15    of all taxable property of every Organizational Unit,
16    together with (i) the applicable tax rate used in extending
17    taxes for the funds of the Organizational Unit as of
18    September 30 of the previous year and (ii) the limiting
19    rate for all Organizational Units subject to property tax
20    extension limitations as imposed under PTELL.
21            (A) The Department of Revenue shall add to the
22        equalized assessed value of all taxable property of
23        each Organizational Unit situated entirely or
24        partially within a county that is or was subject to the
25        provisions of Section 15-176 or 15-177 of the Property
26        Tax Code (i) an amount equal to the total amount by

 

 

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

 

 

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1        general homestead exemption allowed for that parcel of
2        property under Section 15-176 or 15-177 of the Property
3        Tax Code and the amount that would have been allowed
4        had the general homestead exemption for that parcel of
5        property been determined under Section 15-175 of the
6        Property Tax Code. It is further the intent of this
7        subparagraph (A) that if additional exemptions are
8        allowed under Section 15-175 of the Property Tax Code
9        for owners with a household income of less than
10        $30,000, then the calculation of EAV shall not be
11        affected by the difference, if any, because of those
12        additional exemptions.
13            (B) With respect to any part of an Organizational
14        Unit within a redevelopment project area in respect to
15        which a municipality has adopted tax increment
16        allocation financing pursuant to the Tax Increment
17        Allocation Redevelopment Act, Division 74.4 of Article
18        11 of the Illinois Municipal Code, or the Industrial
19        Jobs Recovery Law, Division 74.6 of Article 11 of the
20        Illinois Municipal Code, no part of the current EAV of
21        real property located in any such project area which is
22        attributable to an increase above the total initial EAV
23        of such property shall be used as part of the EAV of
24        the Organizational Unit, until such time as all
25        redevelopment project costs have been paid, as
26        provided in Section 11-74.4-8 of the Tax Increment

 

 

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1        Allocation Redevelopment Act or in Section 11-74.6-35
2        of the Industrial Jobs Recovery Law. For the purpose of
3        the EAV of the Organizational Unit, the total initial
4        EAV or the current EAV, whichever is lower, shall be
5        used until such time as all redevelopment project costs
6        have been paid.
7            (B-5) The real property equalized assessed
8        valuation for a school district shall be adjusted by
9        subtracting from the real property value, as equalized
10        or assessed by the Department of Revenue, for the
11        district an amount computed by dividing the amount of
12        any abatement of taxes under Section 18-170 of the
13        Property Tax Code by 3.00% for a district maintaining
14        grades kindergarten through 12, by 2.30% for a district
15        maintaining grades kindergarten through 8, or by 1.05%
16        for a district maintaining grades 9 through 12 and
17        adjusted by an amount computed by dividing the amount
18        of any abatement of taxes under subsection (a) of
19        Section 18-165 of the Property Tax Code by the same
20        percentage rates for district type as specified in this
21        subparagraph (B-5).
22            (C) For Organizational Units that are Hybrid
23        Districts, the State Superintendent shall use the
24        lesser of the adjusted equalized assessed valuation
25        for property within the partial elementary unit
26        district for elementary purposes, as defined in

 

 

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1        Article 11E of this Code, or the adjusted equalized
2        assessed valuation for property within the partial
3        elementary unit district for high school purposes, as
4        defined in Article 11E of this Code.
5        (4) An Organizational Unit's Adjusted EAV shall be the
6    average of its EAV over the immediately preceding 3 years
7    or its EAV in the immediately preceding year if the EAV in
8    the immediately preceding year has declined by 10% or more
9    compared to the 3-year average. In the event of
10    Organizational Unit reorganization, consolidation, or
11    annexation, the Organizational Unit's Adjusted EAV for the
12    first 3 years after such change shall be as follows: the
13    most current EAV shall be used in the first year, the
14    average of a 2-year EAV or its EAV in the immediately
15    preceding year if the EAV declines by 10% or more compared
16    to the 2-year average for the second year, and a 3-year
17    average EAV or its EAV in the immediately preceding year if
18    the adjusted EAV declines by 10% or more compared to the
19    3-year average for the third year. For any school district
20    whose EAV in the immediately preceding year is used in
21    calculations, in the following year, the Adjusted EAV shall
22    be the average of its EAV over the immediately preceding 2
23    years or the immediately preceding year if that year
24    represents a decline of 10% or more compared to the 2-year
25    average.
26        "PTELL EAV" means a figure calculated by the State

 

 

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1    Board for Organizational Units subject to PTELL as
2    described in this paragraph (4) for the purposes of
3    calculating an Organizational Unit's Local Capacity Ratio.
4    Except as otherwise provided in this paragraph (4), the
5    PTELL EAV of an Organizational Unit shall be equal to the
6    product of the equalized assessed valuation last used in
7    the calculation of general State aid under Section 18-8.05
8    of this Code (now repealed) or Evidence-Based Funding under
9    this Section and the Organizational Unit's Extension
10    Limitation Ratio. If an Organizational Unit has approved or
11    does approve an increase in its limiting rate, pursuant to
12    Section 18-190 of the Property Tax Code, affecting the Base
13    Tax Year, the PTELL EAV shall be equal to the product of
14    the equalized assessed valuation last used in the
15    calculation of general State aid under Section 18-8.05 of
16    this Code (now repealed) or Evidence-Based Funding under
17    this Section multiplied by an amount equal to one plus the
18    percentage increase, if any, in the Consumer Price Index
19    for All Urban Consumers for all items published by the
20    United States Department of Labor for the 12-month calendar
21    year preceding the Base Tax Year, plus the equalized
22    assessed valuation of new property, annexed property, and
23    recovered tax increment value and minus the equalized
24    assessed valuation of disconnected property.
25        As used in this paragraph (4), "new property" and
26    "recovered tax increment value" shall have the meanings set

 

 

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1    forth in the Property Tax Extension Limitation Law.
2    (e) Base Funding Minimum calculation.
3        (1) For the 2017-2018 school year, the Base Funding
4    Minimum of an Organizational Unit or a Specially Funded
5    Unit shall be the amount of State funds distributed to the
6    Organizational Unit or Specially Funded Unit during the
7    2016-2017 school year prior to any adjustments and
8    specified appropriation amounts described in this
9    paragraph (1) from the following Sections, as calculated by
10    the State Superintendent: Section 18-8.05 of this Code (now
11    repealed); Section 5 of Article 224 of Public Act 99-524
12    (equity grants); Section 14-7.02b of this Code (funding for
13    children requiring special education services); Section
14    14-13.01 of this Code (special education facilities and
15    staffing), except for reimbursement of the cost of
16    transportation pursuant to Section 14-13.01; Section
17    14C-12 of this Code (English learners); and Section 18-4.3
18    of this Code (summer school), based on an appropriation
19    level of $13,121,600. For a school district organized under
20    Article 34 of this Code, the Base Funding Minimum also
21    includes (i) the funds allocated to the school district
22    pursuant to Section 1D-1 of this Code attributable to
23    funding programs authorized by the Sections of this Code
24    listed in the preceding sentence; and (ii) the difference
25    between (I) the funds allocated to the school district
26    pursuant to Section 1D-1 of this Code attributable to the

 

 

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1    funding programs authorized by Section 14-7.02 (non-public
2    special education reimbursement), subsection (b) of
3    Section 14-13.01 (special education transportation),
4    Section 29-5 (transportation), Section 2-3.80
5    (agricultural education), Section 2-3.66 (truants'
6    alternative education), Section 2-3.62 (educational
7    service centers), and Section 14-7.03 (special education -
8    orphanage) of this Code and Section 15 of the Childhood
9    Hunger Relief Act (free breakfast program) and (II) the
10    school district's actual expenditures for its non-public
11    special education, special education transportation,
12    transportation programs, agricultural education, truants'
13    alternative education, services that would otherwise be
14    performed by a regional office of education, special
15    education orphanage expenditures, and free breakfast, as
16    most recently calculated and reported pursuant to
17    subsection (f) of Section 1D-1 of this Code. The Base
18    Funding Minimum for Glenwood Academy shall be $625,500.
19        (2) For the 2018-2019 and subsequent school years, the
20    Base Funding Minimum of Organizational Units and Specially
21    Funded Units shall be the sum of (i) the amount of
22    Evidence-Based Funding for the prior school year, (ii) the
23    Base Funding Minimum for the prior school year, and (iii)
24    any amount received by a school district pursuant to
25    Section 7 of Article 97 of Public Act 100-21.
26    (f) Percent of Adequacy and Final Resources calculation.

 

 

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1        (1) The Evidence-Based Funding formula establishes a
2    Percent of Adequacy for each Organizational Unit in order
3    to place such units into tiers for the purposes of the
4    funding distribution system described in subsection (g) of
5    this Section. Initially, an Organizational Unit's
6    Preliminary Resources and Preliminary Percent of Adequacy
7    are calculated pursuant to paragraph (2) of this subsection
8    (f). Then, an Organizational Unit's Final Resources and
9    Final Percent of Adequacy are calculated to account for the
10    Organizational Unit's poverty concentration levels
11    pursuant to paragraphs (3) and (4) of this subsection (f).
12        (2) An Organizational Unit's Preliminary Resources are
13    equal to the sum of its Local Capacity Target, CPPRT, and
14    Base Funding Minimum. An Organizational Unit's Preliminary
15    Percent of Adequacy is the lesser of (i) its Preliminary
16    Resources divided by its Adequacy Target or (ii) 100%.
17        (3) Except for Specially Funded Units, an
18    Organizational Unit's Final Resources are equal the sum of
19    its Local Capacity, CPPRT, and Adjusted Base Funding
20    Minimum. The Base Funding Minimum of each Specially Funded
21    Unit shall serve as its Final Resources, except that the
22    Base Funding Minimum for State-approved charter schools
23    shall not include any portion of general State aid
24    allocated in the prior year based on the per capita tuition
25    charge times the charter school enrollment.
26        (4) An Organizational Unit's Final Percent of Adequacy

 

 

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1    is its Final Resources divided by its Adequacy Target. An
2    Organizational Unit's Adjusted Base Funding Minimum is
3    equal to its Base Funding Minimum less its Supplemental
4    Grant Funding, with the resulting figure added to the
5    product of its Supplemental Grant Funding and Preliminary
6    Percent of Adequacy.
7    (g) Evidence-Based Funding formula distribution system.
8        (1) In each school year under the Evidence-Based
9    Funding formula, each Organizational Unit receives funding
10    equal to the sum of its Base Funding Minimum and the unit's
11    allocation of New State Funds determined pursuant to this
12    subsection (g). To allocate New State Funds, the
13    Evidence-Based Funding formula distribution system first
14    places all Organizational Units into one of 4 tiers in
15    accordance with paragraph (3) of this subsection (g), based
16    on the Organizational Unit's Final Percent of Adequacy. New
17    State Funds are allocated to each of the 4 tiers as
18    follows: Tier 1 Aggregate Funding equals 50% of all New
19    State Funds, Tier 2 Aggregate Funding equals 49% of all New
20    State Funds, Tier 3 Aggregate Funding equals 0.9% of all
21    New State Funds, and Tier 4 Aggregate Funding equals 0.1%
22    of all New State Funds. Each Organizational Unit within
23    Tier 1 or Tier 2 receives an allocation of New State Funds
24    equal to its tier Funding Gap, as defined in the following
25    sentence, multiplied by the tier's Allocation Rate
26    determined pursuant to paragraph (4) of this subsection

 

 

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1    (g). For Tier 1, an Organizational Unit's Funding Gap
2    equals the tier's Target Ratio, as specified in paragraph
3    (5) of this subsection (g), multiplied by the
4    Organizational Unit's Adequacy Target, with the resulting
5    amount reduced by the Organizational Unit's Final
6    Resources. For Tier 2, an Organizational Unit's Funding Gap
7    equals the tier's Target Ratio, as described in paragraph
8    (5) of this subsection (g), multiplied by the
9    Organizational Unit's Adequacy Target, with the resulting
10    amount reduced by the Organizational Unit's Final
11    Resources and its Tier 1 funding allocation. To determine
12    the Organizational Unit's Funding Gap, the resulting
13    amount is then multiplied by a factor equal to one minus
14    the Organizational Unit's Local Capacity Target
15    percentage. Each Organizational Unit within Tier 3 or Tier
16    4 receives an allocation of New State Funds equal to the
17    product of its Adequacy Target and the tier's Allocation
18    Rate, as specified in paragraph (4) of this subsection (g).
19        (2) To ensure equitable distribution of dollars for all
20    Tier 2 Organizational Units, no Tier 2 Organizational Unit
21    shall receive fewer dollars per ASE than any Tier 3
22    Organizational Unit. Each Tier 2 and Tier 3 Organizational
23    Unit shall have its funding allocation divided by its ASE.
24    Any Tier 2 Organizational Unit with a funding allocation
25    per ASE below the greatest Tier 3 allocation per ASE shall
26    get a funding allocation equal to the greatest Tier 3

 

 

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1    funding allocation per ASE multiplied by the
2    Organizational Unit's ASE. Each Tier 2 Organizational
3    Unit's Tier 2 funding allocation shall be multiplied by the
4    percentage calculated by dividing the original Tier 2
5    Aggregate Funding by the sum of all Tier 2 Organizational
6    Unit's Tier 2 funding allocation after adjusting
7    districts' funding below Tier 3 levels.
8        (3) Organizational Units are placed into one of 4 tiers
9    as follows:
10            (A) Tier 1 consists of all Organizational Units,
11        except for Specially Funded Units, with a Percent of
12        Adequacy less than the Tier 1 Target Ratio. The Tier 1
13        Target Ratio is the ratio level that allows for Tier 1
14        Aggregate Funding to be distributed, with the Tier 1
15        Allocation Rate determined pursuant to paragraph (4)
16        of this subsection (g).
17            (B) Tier 2 consists of all Tier 1 Units and all
18        other Organizational Units, except for Specially
19        Funded Units, with a Percent of Adequacy of less than
20        0.90.
21            (C) Tier 3 consists of all Organizational Units,
22        except for Specially Funded Units, with a Percent of
23        Adequacy of at least 0.90 and less than 1.0.
24            (D) Tier 4 consists of all Organizational Units
25        with a Percent of Adequacy of at least 1.0.
26        (4) The Allocation Rates for Tiers 1 through 4 is

 

 

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1    determined as follows:
2            (A) The Tier 1 Allocation Rate is 30%.
3            (B) The Tier 2 Allocation Rate is the result of the
4        following equation: Tier 2 Aggregate Funding, divided
5        by the sum of the Funding Gaps for all Tier 2
6        Organizational Units, unless the result of such
7        equation is higher than 1.0. If the result of such
8        equation is higher than 1.0, then the Tier 2 Allocation
9        Rate is 1.0.
10            (C) The Tier 3 Allocation Rate is the result of the
11        following equation: Tier 3 Aggregate Funding, divided
12        by the sum of the Adequacy Targets of all Tier 3
13        Organizational Units.
14            (D) The Tier 4 Allocation Rate is the result of the
15        following equation: Tier 4 Aggregate Funding, divided
16        by the sum of the Adequacy Targets of all Tier 4
17        Organizational Units.
18        (5) A tier's Target Ratio is determined as follows:
19            (A) The Tier 1 Target Ratio is the ratio level that
20        allows for Tier 1 Aggregate Funding to be distributed
21        with the Tier 1 Allocation Rate.
22            (B) The Tier 2 Target Ratio is 0.90.
23            (C) The Tier 3 Target Ratio is 1.0.
24        (6) If, at any point, the Tier 1 Target Ratio is
25    greater than 90%, than all Tier 1 funding shall be
26    allocated to Tier 2 and no Tier 1 Organizational Unit's

 

 

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1    funding may be identified.
2        (7) In the event that all Tier 2 Organizational Units
3    receive funding at the Tier 2 Target Ratio level, any
4    remaining New State Funds shall be allocated to Tier 3 and
5    Tier 4 Organizational Units.
6        (8) If any Specially Funded Units, excluding Glenwood
7    Academy, recognized by the State Board do not qualify for
8    direct funding following the implementation of this
9    amendatory Act of the 100th General Assembly from any of
10    the funding sources included within the definition of Base
11    Funding Minimum, the unqualified portion of the Base
12    Funding Minimum shall be transferred to one or more
13    appropriate Organizational Units as determined by the
14    State Superintendent based on the prior year ASE of the
15    Organizational Units.
16        (8.5) If a school district withdraws from a special
17    education cooperative, the portion of the Base Funding
18    Minimum that is attributable to the school district may be
19    redistributed to the school district upon withdrawal. The
20    school district and the cooperative must include the amount
21    of the Base Funding Minimum that is to be re-apportioned in
22    their withdrawal agreement and notify the State Board of
23    the change with a copy of the agreement upon withdrawal.
24        (9) The Minimum Funding Level is intended to establish
25    a target for State funding that will keep pace with
26    inflation and continue to advance equity through the

 

 

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1    Evidence-Based Funding formula. The target for State
2    funding of New Property Tax Relief Pool Funds is
3    $50,000,000 for State fiscal year 2019 and subsequent State
4    fiscal years. The Minimum Funding Level is equal to
5    $350,000,000. In addition to any New State Funds, no more
6    than $50,000,000 New Property Tax Relief Pool Funds may be
7    counted towards the Minimum Funding Level. If the sum of
8    New State Funds and applicable New Property Tax Relief Pool
9    Funds are less than the Minimum Funding Level, than funding
10    for tiers shall be reduced in the following manner:
11            (A) First, Tier 4 funding shall be reduced by an
12        amount equal to the difference between the Minimum
13        Funding Level and New State Funds until such time as
14        Tier 4 funding is exhausted.
15            (B) Next, Tier 3 funding shall be reduced by an
16        amount equal to the difference between the Minimum
17        Funding Level and New State Funds and the reduction in
18        Tier 4 funding until such time as Tier 3 funding is
19        exhausted.
20            (C) Next, Tier 2 funding shall be reduced by an
21        amount equal to the difference between the Minimum
22        Funding level and new State Funds and the reduction
23        Tier 4 and Tier 3.
24            (D) Finally, Tier 1 funding shall be reduced by an
25        amount equal to the difference between the Minimum
26        Funding level and New State Funds and the reduction in

 

 

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1        Tier 2, 3, and 4 funding. In addition, the Allocation
2        Rate for Tier 1 shall be reduced to a percentage equal
3        to the Tier 1 allocation rate set by paragraph (4) of
4        this subsection (g), multiplied by the result of New
5        State Funds divided by the Minimum Funding Level.
6        (9.5) For State fiscal year 2019 and subsequent State
7    fiscal years, if New State Funds exceed $300,000,000, then
8    any amount in excess of $300,000,000 shall be dedicated for
9    purposes of Section 2-3.170 of this Code up to a maximum of
10    $50,000,000.
11        (10) In the event of a decrease in the amount of the
12    appropriation for this Section in any fiscal year after
13    implementation of this Section, the Organizational Units
14    receiving Tier 1 and Tier 2 funding, as determined under
15    paragraph (3) of this subsection (g), shall be held
16    harmless by establishing a Base Funding Guarantee equal to
17    the per pupil kindergarten through grade 12 funding
18    received in accordance with this Section in the prior
19    fiscal year. Reductions shall be made to the Base Funding
20    Minimum of Organizational Units in Tier 3 and Tier 4 on a
21    per pupil basis equivalent to the total number of the ASE
22    in Tier 3-funded and Tier 4-funded Organizational Units
23    divided by the total reduction in State funding. The Base
24    Funding Minimum as reduced shall continue to be applied to
25    Tier 3 and Tier 4 Organizational Units and adjusted by the
26    relative formula when increases in appropriations for this

 

 

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1    Section resume. In no event may State funding reductions to
2    Organizational Units in Tier 3 or Tier 4 exceed an amount
3    that would be less than the Base Funding Minimum
4    established in the first year of implementation of this
5    Section. If additional reductions are required, all school
6    districts shall receive a reduction by a per pupil amount
7    equal to the aggregate additional appropriation reduction
8    divided by the total ASE of all Organizational Units.
9        (11) The State Superintendent shall make minor
10    adjustments to the distribution formula set forth in this
11    subsection (g) to account for the rounding of percentages
12    to the nearest tenth of a percentage and dollar amounts to
13    the nearest whole dollar.
14    (h) State Superintendent administration of funding and
15district submission requirements.
16        (1) The State Superintendent shall, in accordance with
17    appropriations made by the General Assembly, meet the
18    funding obligations created under this Section.
19        (2) The State Superintendent shall calculate the
20    Adequacy Target for each Organizational Unit and Net State
21    Contribution Target for each Organizational Unit under
22    this Section. The State Superintendent shall also certify
23    the actual amounts of the New State Funds payable for each
24    eligible Organizational Unit based on the equitable
25    distribution calculation to the unit's treasurer, as soon
26    as possible after such amounts are calculated, including

 

 

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1    any applicable adjusted charge-off increase. No
2    Evidence-Based Funding shall be distributed within an
3    Organizational Unit without the approval of the unit's
4    school board.
5        (3) Annually, the State Superintendent shall calculate
6    and report to each Organizational Unit the unit's aggregate
7    financial adequacy amount, which shall be the sum of the
8    Adequacy Target for each Organizational Unit. The State
9    Superintendent shall calculate and report separately for
10    each Organizational Unit the unit's total State funds
11    allocated for its students with disabilities. The State
12    Superintendent shall calculate and report separately for
13    each Organizational Unit the amount of funding and
14    applicable FTE calculated for each Essential Element of the
15    unit's Adequacy Target.
16        (4) Annually, the State Superintendent shall calculate
17    and report to each Organizational Unit the amount the unit
18    must expend on special education and bilingual education
19    and computer technology and equipment for Organizational
20    Units assigned to Tier 1 or Tier 2 that received an
21    additional $285.50 per student computer technology and
22    equipment investment grant to their Adequacy Target
23    pursuant to the unit's Base Funding Minimum, Special
24    Education Allocation, Bilingual Education Allocation, and
25    computer technology and equipment investment allocation.
26        (5) Moneys distributed under this Section shall be

 

 

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1    calculated on a school year basis, but paid on a fiscal
2    year basis, with payments beginning in August and extending
3    through June. Unless otherwise provided, the moneys
4    appropriated for each fiscal year shall be distributed in
5    22 equal payments at least 2 times monthly to each
6    Organizational Unit. The State Board shall publish a yearly
7    distribution schedule at its meeting in June. If moneys
8    appropriated for any fiscal year are distributed other than
9    monthly, the distribution shall be on the same basis for
10    each Organizational Unit.
11        (6) Any school district that fails, for any given
12    school year, to maintain school as required by law or to
13    maintain a recognized school is not eligible to receive
14    Evidence-Based Funding. In case of non-recognition of one
15    or more attendance centers in a school district otherwise
16    operating recognized schools, the claim of the district
17    shall be reduced in the proportion that the enrollment in
18    the attendance center or centers bears to the enrollment of
19    the school district. "Recognized school" means any public
20    school that meets the standards for recognition by the
21    State Board. A school district or attendance center not
22    having recognition status at the end of a school term is
23    entitled to receive State aid payments due upon a legal
24    claim that was filed while it was recognized.
25        (7) School district claims filed under this Section are
26    subject to Sections 18-9 and 18-12 of this Code, except as

 

 

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1    otherwise provided in this Section.
2        (8) Each fiscal year, the State Superintendent shall
3    calculate for each Organizational Unit an amount of its
4    Base Funding Minimum and Evidence-Based Funding that shall
5    be deemed attributable to the provision of special
6    educational facilities and services, as defined in Section
7    14-1.08 of this Code, in a manner that ensures compliance
8    with maintenance of State financial support requirements
9    under the federal Individuals with Disabilities Education
10    Act. An Organizational Unit must use such funds only for
11    the provision of special educational facilities and
12    services, as defined in Section 14-1.08 of this Code, and
13    must comply with any expenditure verification procedures
14    adopted by the State Board.
15        (9) All Organizational Units in this State must submit
16    annual spending plans by the end of September of each year
17    to the State Board as part of the annual budget process,
18    which shall describe how each Organizational Unit will
19    utilize the Base Minimum Funding and Evidence-Based
20    funding it receives from this State under this Section with
21    specific identification of the intended utilization of
22    Low-Income, English learner, and special education
23    resources. Additionally, the annual spending plans of each
24    Organizational Unit shall describe how the Organizational
25    Unit expects to achieve student growth and how the
26    Organizational Unit will achieve State education goals, as

 

 

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1    defined by the State Board. The State Superintendent may,
2    from time to time, identify additional requisites for
3    Organizational Units to satisfy when compiling the annual
4    spending plans required under this subsection (h). The
5    format and scope of annual spending plans shall be
6    developed by the State Superintendent and the State Board
7    of Education in conjunction with the Professional Review
8    Panel. School districts that serve students under Article
9    14C of this Code shall continue to submit information as
10    required under Section 14C-12 of this Code.
11        (10) No later than January 1, 2018, the State
12    Superintendent shall develop a 5-year strategic plan for
13    all Organizational Units to help in planning for adequacy
14    funding under this Section. The State Superintendent shall
15    submit the plan to the Governor and the General Assembly,
16    as provided in Section 3.1 of the General Assembly
17    Organization Act. The plan shall include recommendations
18    for:
19            (A) a framework for collaborative, professional,
20        innovative, and 21st century learning environments
21        using the Evidence-Based Funding model;
22            (B) ways to prepare and support this State's
23        educators for successful instructional careers;
24            (C) application and enhancement of the current
25        financial accountability measures, the approved State
26        plan to comply with the federal Every Student Succeeds

 

 

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1        Act, and the Illinois Balanced Accountability Measures
2        in relation to student growth and elements of the
3        Evidence-Based Funding model; and
4            (D) implementation of an effective school adequacy
5        funding system based on projected and recommended
6        funding levels from the General Assembly.
7        (11) On an annual basis, the State Superintendent must
8    recalibrate all of the following per pupil elements of the
9    Adequacy Target and applied to the formulas, based on the
10    study of average expenses and as reported in the most
11    recent annual financial report:
12            (A) Gifted under subparagraph (M) of paragraph (2)
13        of subsection (b).
14            (B) Instructional materials under subparagraph (O)
15        of paragraph (2) of subsection (b).
16            (C) Assessment under subparagraph (P) of paragraph
17        (2) of subsection (b).
18            (D) Student activities under subparagraph (R) of
19        paragraph (2) of subsection (b).
20            (E) Maintenance and operations under subparagraph
21        (S) of paragraph (2) of subsection (b).
22            (F) Central office under subparagraph (T) of
23        paragraph (2) of subsection (b).
24    (i) Professional Review Panel.
25        (1) A Professional Review Panel is created to study and
26    review topics related to the implementation and effect of

 

 

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1    the Evidence-Based Funding, as assigned by a joint
2    resolution or Public Act of the General Assembly or a
3    motion passed by the State Board of Education. The Panel
4    must provide recommendations to and serve the Governor,
5    General Assembly, and the State Board model under this
6    Section and to recommend continual recalibration and
7    future study topics and modifications to the
8    Evidence-Based Funding model. The State Superintendent or
9    his or her designee must serve as a voting member and
10    chairperson of the Panel. The State Superintendent must
11    appoint a vice chairperson from the membership of the
12    Panel. The Panel must advance recommendations based on a
13    three-fifths majority vote of panel members present and
14    voting Panel shall elect a chairperson and vice chairperson
15    by a majority vote of the Panel and shall advance
16    recommendations based on a majority vote of the Panel. A
17    minority opinion may also accompany any recommendation of
18    the majority of the Panel. The Panel shall be appointed by
19    the State Superintendent, except as otherwise provided in
20    paragraph (2) of this subsection (i) and include the
21    following members:
22            (A) Two appointees that represent district
23        superintendents, recommended by a statewide
24        organization that represents district superintendents.
25            (B) Two appointees that represent school boards,
26        recommended by a statewide organization that

 

 

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1        represents school boards.
2            (C) Two appointees from districts that represent
3        school business officials, recommended by a statewide
4        organization that represents school business
5        officials.
6            (D) Two appointees that represent school
7        principals, recommended by a statewide organization
8        that represents school principals.
9            (E) Two appointees that represent teachers,
10        recommended by a statewide organization that
11        represents teachers.
12            (F) Two appointees that represent teachers,
13        recommended by another statewide organization that
14        represents teachers.
15            (G) Two appointees that represent regional
16        superintendents of schools, recommended by
17        organizations that represent regional superintendents.
18            (H) Two independent experts selected solely by the
19        State Superintendent.
20            (I) Two independent experts recommended by public
21        universities in this State.
22            (J) One member recommended by a statewide
23        organization that represents parents.
24            (K) Two representatives recommended by collective
25        impact organizations that represent major metropolitan
26        areas or geographic areas in Illinois.

 

 

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1            (L) One member from a statewide organization
2        focused on research-based education policy to support
3        a school system that prepares all students for college,
4        a career, and democratic citizenship.
5            (M) One representative from a school district
6        organized under Article 34 of this Code.
7        The State Superintendent shall ensure that the
8    membership of the Panel includes representatives from
9    school districts and communities reflecting the
10    geographic, socio-economic, racial, and ethnic diversity
11    of this State. The State Superintendent shall additionally
12    ensure that the membership of the Panel includes
13    representatives with expertise in bilingual education and
14    special education. Staff from the State Board shall staff
15    the Panel.
16        (2) In addition to those Panel members appointed by the
17    State Superintendent, 4 members of the General Assembly
18    shall be appointed as follows: one member of the House of
19    Representatives appointed by the Speaker of the House of
20    Representatives, one member of the Senate appointed by the
21    President of the Senate, one member of the House of
22    Representatives appointed by the Minority Leader of the
23    House of Representatives, and one member of the Senate
24    appointed by the Minority Leader of the Senate. There shall
25    be one additional member appointed by the Governor. All
26    members appointed by legislative leaders or the Governor

 

 

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1    shall be non-voting, ex officio members.
2        (3) The Panel must study topics at the direction of the
3    General Assembly or State Board of Education, as provided
4    under paragraph (1). The Panel may also study the following
5    topics at the direction of the chairperson: On an annual
6    basis, the State Superintendent shall recalibrate the
7    following per pupil elements of the Adequacy Target and
8    applied to the formulas, based on the Panel's study of
9    average expenses as reported in the most recent annual
10    financial report:
11            (A) gifted under subparagraph (M) of paragraph (2)
12        of subsection (b) of this Section;
13            (B) instructional materials under subparagraph (O)
14        of paragraph (2) of subsection (b) of this Section;
15            (C) assessment under subparagraph (P) of paragraph
16        (2) of subsection (b) of this Section;
17            (D) student activities under subparagraph (R) of
18        paragraph (2) of subsection (b) of this Section;
19            (E) maintenance and operations under subparagraph
20        (S) of paragraph (2) of subsection (b) of this Section;
21        and
22            (F) central office under subparagraph (T) of
23        paragraph (2) of subsection (b) of this Section.
24        (4) On a periodic basis, the Panel shall study all the
25    following elements and make recommendations to the State
26    Board, the General Assembly, and the Governor for

 

 

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1    modification of this Section:
2            (A) The format and scope of annual spending plans
3        referenced in paragraph (9) of subsection (h) of this
4        Section.
5            (B) The Comparable Wage Index under this Section,
6        to be studied by the Panel and reestablished by the
7        State Superintendent every 5 years.
8            (C) Maintenance and operations, including capital
9        maintenance and construction costs. Within 5 years
10        after the implementation of this Section, the Panel
11        shall make recommendations for the further study of
12        maintenance and operations costs, including capital
13        maintenance costs, and recommend any additional
14        reporting data required from Organizational Units.
15            (D) "At-risk student" definition. Within 5 years
16        after the implementation of this Section, the Panel
17        shall make recommendations for the further study and
18        determination of an "at-risk student" definition.
19        Within 5 years after the implementation of this
20        Section, the Panel shall evaluate and make
21        recommendations regarding adequate funding for poverty
22        concentration under the Evidence-Based Funding model.
23            (E) Benefits. Within 5 years after the
24        implementation of this Section, the Panel shall make
25        recommendations for further study of benefit costs.
26            (F) Technology. The per pupil target for

 

 

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1        technology shall be reviewed every 3 years to determine
2        whether current allocations are sufficient to develop
3        21st century learning in all classrooms in this State
4        and supporting a one-to-one technological device
5        program in each school. Recommendations shall be made
6        no later than 3 years after the implementation of this
7        Section.
8            (G) Local Capacity Target. Within 3 years after the
9        implementation of this Section, the Panel shall make
10        recommendations for any additional data desired to
11        analyze possible modifications to the Local Capacity
12        Target, to be based on measures in addition to solely
13        EAV and to be completed within 5 years after
14        implementation of this Section.
15            (H) Funding for Alternative Schools, Laboratory
16        Schools, safe schools, and alternative learning
17        opportunities programs. By the beginning of the
18        2021-2022 school year, the Panel shall study and make
19        recommendations regarding the funding levels for
20        Alternative Schools, Laboratory Schools, safe schools,
21        and alternative learning opportunities programs in
22        this State.
23            (I) Funding for college and career acceleration
24        strategies. By the beginning of the 2021-2022 school
25        year, the Panel shall study and make recommendations
26        regarding funding levels to support college and career

 

 

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1        acceleration strategies in high school that have been
2        demonstrated to result in improved secondary and
3        postsecondary outcomes, including Advanced Placement,
4        dual-credit opportunities, and college and career
5        pathway systems.
6            (J) Special education investments. By the
7        beginning of the 2021-2022 school year, the Panel shall
8        study and make recommendations on whether and how to
9        account for disability types within the special
10        education funding category.
11            (K) Early childhood investments, in . In
12        collaboration with the Illinois Early Learning
13        Council, the Panel shall include an analysis of what
14        level of Preschool for All Children funding would be
15        necessary to serve all children ages 0 through 5 years
16        in the highest-priority service tier, as specified in
17        paragraph (4.5) of subsection (a) of Section 2-3.71 of
18        this Code, and an analysis of the potential cost
19        savings that that level of Preschool for All Children
20        investment would have on the kindergarten through
21        grade 12 system.
22        (4) (Blank).
23        (5) Within 5 years after the implementation of this
24    Section, and every 5 years thereafter, the Panel shall
25    complete an evaluative study of the entire Evidence-Based
26    Funding model, including an assessment of whether or not

 

 

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1    the formula is achieving State goals. The Panel shall
2    report to the State Board, the General Assembly, and the
3    Governor on the findings of the study.
4        (6) (Blank). Within 3 years after the implementation of
5    this Section, the Panel shall evaluate and provide
6    recommendations to the Governor and the General Assembly on
7    the hold-harmless provisions of this Section found in the
8    Base Funding Minimum.
9    (j) References. Beginning July 1, 2017, references in other
10laws to general State aid funds or calculations under Section
1118-8.05 of this Code (now repealed) shall be deemed to be
12references to evidence-based model formula funds or
13calculations under this Section.
14(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
15100-582, eff. 3-23-18.)
 
16    (105 ILCS 5/28-1)  (from Ch. 122, par. 28-1)
17    Sec. 28-1. Copies and prices filed - Bond. No publisher or
18retail dealer person shall offer any school instructional
19materials for adoption, sale, or exchange in the State until it
20he has complied with the following conditions:
21    1. The publisher or retail dealer shall publish on its
22website by July 15 each year a sworn statement He shall file
23with the State Board of Education, annually, by July 15, a
24sworn statement of the usual list price, the lowest net
25wholesale price, and the lowest net exchange price at which the

 

 

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1material is sold or exchanged for old material on the same
2subject of like grade and kind but of a different series taken
3in part payment thereof.
4    2. The publisher or retail dealer shall obtain He shall
5file with the State Board of Education a bond payable to the
6People of the State of Illinois with a surety company
7authorized to do business in the State of Illinois as surety
8thereon , in a penal sum to be determined by the State Board of
9Education, of not less than $2,000 $2000 nor more than $10,000
10conditioned as follows:
11    (a) That the publisher or retail dealer he will furnish
12annually any of the materials listed on the sworn statement on
13its website in any annual statement filed by him to any school
14district and any school corporation in this State at the lowest
15net prices contained in the statements and that it he will
16maintain said prices uniformly throughout the State.
17    (b) That the publisher or retail dealer he will reduce such
18net prices in Illinois whenever they are reduced elsewhere in
19the United States, and shall publish on its website that he
20will file with the State Board of Education a sworn statement
21of reductions made elsewhere, so that at no time shall any
22instructional material so filed and listed by the publisher or
23retail dealer him be sold in this State at a higher net price
24than is received for such material elsewhere in the United
25States.
26    (c) The publisher or retail dealer He shall not enter into

 

 

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1any understanding, agreement or combination to control the
2prices or to restrict competition in the sale of instructional
3materials.
4(Source: P.A. 81-1508.)
 
5    (105 ILCS 5/28-4)  (from Ch. 122, par. 28-4)
6    Sec. 28-4. Notice of violations - Proceedings for
7forfeiture of bond. The school board of each district wherein
8the instructional materials listed under the provisions of this
9Article have been adopted shall notify the State Board of
10Education of any violation of any of the conditions contained
11in said bond. The State Board of Education may shall thereupon
12notify the person guilty of the violation and if such person
13disregards the notification and fails to comply with the
14requirements of the contract, the State Board of Education may
15shall institute legal proceedings for the forfeiture of the
16bond.
17(Source: P.A. 81-1508.)
 
18    (105 ILCS 5/28-7)  (from Ch. 122, par. 28-7)
19    Sec. 28-7. Retail prices of books. It is unlawful for any
20retail dealer in textbooks to sell any books listed on the
21sworn statement published on the retail dealer's website with
22the State Board of Education at a price to exceed a 15% advance
23on the net prices as so listed.
24(Source: P.A. 81-1508.)
 

 

 

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1    (105 ILCS 5/28-8)  (from Ch. 122, par. 28-8)
2    Sec. 28-8. Purchase by districts for resale at cost. School
3districts may purchase textbooks and electronic textbooks and
4the technological equipment necessary to gain access to and use
5electronic textbooks from the publishers and manufacturers at
6the prices listed on the sworn statement published on the
7retail dealer's website with the State Board of Education and
8sell them to the pupils at the listed prices or at such prices
9as will include the cost of transportation and handling.
10(Source: P.A. 96-1403, eff. 7-29-10.)
 
11    (105 ILCS 5/28-9)  (from Ch. 122, par. 28-9)
12    Sec. 28-9. Purchase by districts - Designation of agent for
13sale. School districts may purchase out of contingent funds
14school textbooks or electronic textbooks, instructional
15materials, and the technological equipment necessary to gain
16access to and use electronic textbooks from the publishers and
17manufacturers at the prices listed on the sworn statement
18published on the retail dealer's website with the State Board
19of Education and may designate a retail dealer or dealers to
20act as the agent of the district in selling them to pupils.
21Such dealers shall at stated times make settlement with the
22district for books sold. Such dealers shall not sell textbooks
23at prices which exceed a 10% advance on the net prices as
24listed on the sworn statement with the State Board of

 

 

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1Education.
2(Source: P.A. 96-1403, eff. 7-29-10.)
 
3    (105 ILCS 5/28-21)  (from Ch. 122, par. 28-21)
4    Sec. 28-21. The State Board of Education shall require each
5publisher of any printed textbook or electronic textbook that
6is listed for use by the State Board of Education under this
7Article or that is furnished at public expense under Sections
828-14 through 28-19 and is first published after July 19, 2006
9to furnish, as provided in this Section, an accessible
10electronic file set of contracted print material to the
11National Instructional Materials Access Center, which shall
12then be available to the State Board of Education or its
13authorized user for the purpose of conversion to an accessible
14format for use by a child with a print disability and for
15distribution to local education agencies. An "accessible
16electronic file" means a file that conforms to specifications
17of the national file format adopted by the United States
18Department of Education. Other terms used in this Section shall
19be construed in compliance with the federal Individuals with
20Disabilities Education Act and related regulations.
21(Source: P.A. 95-415, eff. 8-24-07; 96-1403, eff. 7-29-10.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.