97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3501

 

Introduced 2/24/2011, by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Budget Law of the Civil Administration Code of Illinois. Provides that certain amounts shall be transferred from the General Revenue Fund to the Common School Fund. Amends the Illinois Income Tax Act. Increases the residential real property tax credit from 5% to 10%. Increases the limitation on the education expense credit from $500 to $1,000. Increases the percentage of the earned income tax credit from 5% of the federal tax credit to 15% in 2011 and thereafter. Makes changes concerning distributions to the Local Government Distributive Fund. Amends the Retailers' Occupation Tax Act. Provides that certain services are taxable under the Act. Amends the School Code. Creates the Education Financial Award System Fund, the Digital Learning Technology Grant Fund, and the STEM Education Center Grant Fund. Makes changes concerning the Early Childhood Education Block Grant; financial awards for school improvement and other awards; academic early warning and watch status; an educational improvement plan; the creation of the Digital Learning Technology Grant Program, a best practices clearinghouse, the Science, Technology, Engineering, and Mathematics Education Center Grant Program, and a resource management service; audits; school board member leadership training; a school district's school report card; financial policies and plans; a capital improvement plan; protection from suit; financial accountability; non-referendum bonds; the foundation level of support under the State aid formula; the New Teacher Induction and Mentoring Program; school board associations; and transportation reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3501LRB097 08883 HLH 49013 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Budget Law of the Civil Administrative
5Code of Illinois is amended by changing Section 50-20 as
6follows:
 
7    (15 ILCS 20/50-20)  (was 15 ILCS 20/38.3)
8    Sec. 50-20. Responsible Education Funding Law.
9    (a) The Governor shall submit to the General Assembly a
10proposed budget for elementary and secondary education in which
11total General Revenue Fund appropriations are no less than the
12total General Revenue Fund appropriations of the previous
13fiscal year. In addition, the Governor shall specify the total
14amount of funds to be transferred from the General Revenue Fund
15to the Common School Fund during the budget year, which shall
16be no less than the total amount transferred during the
17previous fiscal year. The Governor may submit a proposed budget
18in which the total appropriated and transferred amounts are
19less than the previous fiscal year if the Governor declares in
20writing to the General Assembly the reason for the lesser
21amounts.
22    (b) The General Assembly shall appropriate amounts for
23elementary and secondary education from the General Revenue

 

 

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1Fund for each fiscal year so that the total General Revenue
2Fund appropriation is no less than the total General Revenue
3Fund appropriation for elementary and secondary education for
4the previous fiscal year. In addition, the General Assembly
5shall legislatively transfer from the General Revenue Fund to
6the Common School Fund for the fiscal year a total amount that
7is no less than the total amount transferred for the previous
8fiscal year. The General Assembly may appropriate or transfer
9lesser amounts if it declares by Joint Resolution the reason
10for the lesser amounts.
11    (b-5) In fiscal year 2012, no appropriation made from
12General funds to the State Board of Education, the Board of
13Higher Education, the Illinois Community College Board, the
14Illinois Student Assistance Commission, the Illinois
15Mathematics and Science Academy, or any public university may
16be decreased from its fiscal year 2011 general appropriation
17level. An exception may be made only if a program's
18appropriation is based on actual cost and that cost has been
19determined by the Board, Academy, or university to require a
20lesser appropriation; however, the aggregate appropriation to
21those Boards, Academies, or universities for fiscal year 2012
22shall not under any circumstances represent a decrease from the
23fiscal year 2011 aggregate general fund appropriation level for
24that Board, Academy, or university.
25    (b-10) Beginning in fiscal year 2013 and in each fiscal
26year thereafter, in addition to the amounts required to be

 

 

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1transferred under subsection (b), an amount equal to 33 1/3% of
2(i) the amount by which the taxes imposed by subsections (a)
3and (b) of Section 201 of the Illinois Income Tax exceeds the
4amount that would have been collected if the taxes imposed
5under that Section had been imposed at the rates that were in
6effect immediately prior to the effective date of Public Act
796-1496 and (ii) the amount collected as a result of the
8additional taxes imposed under the Retailers' Occupation Tax
9Act by this amendatory Act of the 97th General Assembly. In
10addition, beginning in fiscal year 2014 and in each fiscal year
11thereafter, an additional amount equal to 16 2/3% of the amount
12of those additional revenues shall be transferred from the
13General Revenue Fund to the Higher Education Fund.
14    (b-15) The Higher Education Fund is created as a special
15fund in the State treasury. Moneys in this Fund may be used
16only for purposes related to higher education. The Higher
17Education Fund is not subject to administrative charges that
18would in any way transfer any funds from the Higher Education
19Fund into any other fund of the State.
20    (c) This Section may be cited as the Responsible Education
21Funding Law.
22(Source: P.A. 91-239, eff. 1-1-00.)
 
23    Section 10. The State Finance Act is amended by adding
24Sections 5.786, 5.787, 5.788, and 5.789 as follows:
 

 

 

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1    (30 ILCS 105/5.786 new)
2    Sec. 5.786. The Education Financial Award System Fund.
 
3    (30 ILCS 105/5.787 new)
4    Sec. 5.787. The Digital Learning Technology Grant Fund.
 
5    (30 ILCS 105/5.788 new)
6    Sec. 5.788. The STEM Education Center Grant Fund.
 
7    (30 ILCS 105/5.789 new)
8    Sec. 5.789. The Higher Education Fund.
 
9    Section 15. The Illinois Income Tax Act is amended by
10changing Sections 204, 208, 212, 804, and 901 and by adding
11Section 218 as follows:
 
12    (35 ILCS 5/204)  (from Ch. 120, par. 2-204)
13    Sec. 204. Standard Exemption.
14    (a) Allowance of exemption. In computing net income under
15this Act, there shall be allowed as an exemption the sum of the
16amounts determined under subsections (b), (c) and (d),
17multiplied by a fraction the numerator of which is the amount
18of the taxpayer's base income allocable to this State for the
19taxable year and the denominator of which is the taxpayer's
20total base income for the taxable year.
21    (b) Basic amount. For the purpose of subsection (a) of this

 

 

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1Section, except as provided by subsection (a) of Section 205
2and in this subsection, each taxpayer shall be allowed a basic
3amount of $1000, except that for corporations the basic amount
4shall be zero for tax years ending on or after December 31,
52003, and for individuals the basic amount shall be:
6        (1) for taxable years ending on or after December 31,
7    1998 and prior to December 31, 1999, $1,300;
8        (2) for taxable years ending on or after December 31,
9    1999 and prior to December 31, 2000, $1,650;
10        (3) for taxable years ending on or after December 31,
11    2000 and prior to December 31, 2011, $2,000;
12        (4) for taxable years ending on or after December 31,
13    2011, $3,000.
14For taxable years ending on or after December 31, 1992, a
15taxpayer whose Illinois base income exceeds the basic amount
16and who is claimed as a dependent on another person's tax
17return under the Internal Revenue Code of 1986 shall not be
18allowed any basic amount under this subsection.
19    (c) Additional amount for individuals. In the case of an
20individual taxpayer, there shall be allowed for the purpose of
21subsection (a), in addition to the basic amount provided by
22subsection (b), an additional exemption equal to the basic
23amount for each exemption in excess of one allowable to such
24individual taxpayer for the taxable year under Section 151 of
25the Internal Revenue Code.
26    (d) Additional exemptions for an individual taxpayer and

 

 

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1his or her spouse. In the case of an individual taxpayer and
2his or her spouse, he or she shall each be allowed additional
3exemptions as follows:
4        (1) Additional exemption for taxpayer or spouse 65
5    years of age or older.
6            (A) For taxpayer. An additional exemption of
7        $1,000 for the taxpayer if he or she has attained the
8        age of 65 before the end of the taxable year.
9            (B) For spouse when a joint return is not filed. An
10        additional exemption of $1,000 for the spouse of the
11        taxpayer if a joint return is not made by the taxpayer
12        and his spouse, and if the spouse has attained the age
13        of 65 before the end of such taxable year, and, for the
14        calendar year in which the taxable year of the taxpayer
15        begins, has no gross income and is not the dependent of
16        another taxpayer.
17        (2) Additional exemption for blindness of taxpayer or
18    spouse.
19            (A) For taxpayer. An additional exemption of
20        $1,000 for the taxpayer if he or she is blind at the
21        end of the taxable year.
22            (B) For spouse when a joint return is not filed. An
23        additional exemption of $1,000 for the spouse of the
24        taxpayer if a separate return is made by the taxpayer,
25        and if the spouse is blind and, for the calendar year
26        in which the taxable year of the taxpayer begins, has

 

 

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1        no gross income and is not the dependent of another
2        taxpayer. For purposes of this paragraph, the
3        determination of whether the spouse is blind shall be
4        made as of the end of the taxable year of the taxpayer;
5        except that if the spouse dies during such taxable year
6        such determination shall be made as of the time of such
7        death.
8            (C) Blindness defined. For purposes of this
9        subsection, an individual is blind only if his or her
10        central visual acuity does not exceed 20/200 in the
11        better eye with correcting lenses, or if his or her
12        visual acuity is greater than 20/200 but is accompanied
13        by a limitation in the fields of vision such that the
14        widest diameter of the visual fields subtends an angle
15        no greater than 20 degrees.
16    (e) Cross reference. See Article 3 for the manner of
17determining base income allocable to this State.
18    (f) Application of Section 250. Section 250 does not apply
19to the amendments to this Section made by Public Act 90-613.
20(Source: P.A. 93-29, eff. 6-20-03.)
 
21    (35 ILCS 5/208)  (from Ch. 120, par. 2-208)
22    Sec. 208. Tax credit for residential real property taxes.
23Beginning with tax years ending on or after December 31, 1991
24and ending prior to December 31, 2011, every individual
25taxpayer shall be entitled to a tax credit equal to 5% of real

 

 

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1property taxes paid by such taxpayer during the taxable year on
2the principal residence of the taxpayer. In the case of
3multi-unit or multi-use structures and farm dwellings, the
4taxes on the taxpayer's principal residence shall be that
5portion of the total taxes which is attributable to such
6principal residence.
7    For tax years ending on or after December 31, 2011, every
8individual taxpayer shall be entitled to a tax credit equal to
910% of real property taxes paid by the taxpayer during the
10taxable year on the principal residence of the taxpayer. In the
11case of multi-unit or multi-use structures, the taxes on the
12taxpayer's principal residence shall be that portion of the
13total taxes that is attributable to the principal residence.
14    For tax years ending on December 31, 2011, the credit under
15this Section shall not exceed $1,500. For tax years thereafter,
16the $1,500 cap shall be increased by a percentage increase
17equal to the percentage increase, if any, in the Consumer Price
18Index for all Urban Consumers for the then most recently
19compiled calendar year.
20    For each taxable year ending on or after December 31, 2011,
21if the amount of the credit exceeds the income tax liability
22for the applicable tax year, then the excess credit shall be
23refunded to the taxpayer. The amount of a refund shall not be
24included in the taxpayer's income or resources for the purposes
25of determining eligibility or benefit level in any means-tested
26benefit program administered by a governmental entity unless

 

 

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1required by federal law.
2(Source: P.A. 87-17.)
 
3    (35 ILCS 5/212)
4    Sec. 212. Earned income tax credit.
5    (a) With respect to the federal earned income tax credit
6allowed for the taxable year under Section 32 of the federal
7Internal Revenue Code, 26 U.S.C. 32, each individual taxpayer
8is entitled to a credit against the tax imposed by subsections
9(a) and (b) of Section 201 in an amount equal to the following:
10        (1) for each taxable year beginning on or after January
11    1, 2000 and ending before December 31, 2011, the amount of
12    the credit is 5% of the federal tax credit; and
13        (2) for each taxable year ending on or after December
14    31, 2011, the amount of the credit is 15% of the federal
15    tax credit. 5% of the federal tax credit for each taxable
16    year beginning on or after January 1, 2000.
17    For a non-resident or part-year resident, the amount of the
18credit under this Section shall be in proportion to the amount
19of income attributable to this State.
20    (b) For taxable years beginning before January 1, 2003, in
21no event shall a credit under this Section reduce the
22taxpayer's liability to less than zero. For each taxable year
23beginning on or after January 1, 2003, if the amount of the
24credit exceeds the income tax liability for the applicable tax
25year, then the excess credit shall be refunded to the taxpayer.

 

 

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1The amount of a refund shall not be included in the taxpayer's
2income or resources for the purposes of determining eligibility
3or benefit level in any means-tested benefit program
4administered by a governmental entity unless required by
5federal law.
6    (c) This Section is exempt from the provisions of Section
7250.
8(Source: P.A. 95-333, eff. 8-21-07.)
 
9    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
10    Sec. 901. Collection Authority.
11    (a) In general.
12    The Department shall collect the taxes imposed by this Act.
13The Department shall collect certified past due child support
14amounts under Section 2505-650 of the Department of Revenue Law
15(20 ILCS 2505/2505-650). Except as provided in subsections (c),
16(e), (f), and (g) of this Section, money collected pursuant to
17subsections (a) and (b) of Section 201 of this Act shall be
18paid into the General Revenue Fund in the State treasury; money
19collected pursuant to subsections (c) and (d) of Section 201 of
20this Act shall be paid into the Personal Property Tax
21Replacement Fund, a special fund in the State Treasury; and
22money collected under Section 2505-650 of the Department of
23Revenue Law (20 ILCS 2505/2505-650) shall be paid into the
24Child Support Enforcement Trust Fund, a special fund outside
25the State Treasury, or to the State Disbursement Unit

 

 

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1established under Section 10-26 of the Illinois Public Aid
2Code, as directed by the Department of Healthcare and Family
3Services.
4    (b) Local Government Distributive Fund.
5    Beginning August 1, 1969, and continuing through June 30,
61994, the Treasurer shall transfer each month from the General
7Revenue Fund to a special fund in the State treasury, to be
8known as the "Local Government Distributive Fund", an amount
9equal to 1/12 of the net revenue realized from the tax imposed
10by subsections (a) and (b) of Section 201 of this Act during
11the preceding month. Beginning July 1, 1994, and continuing
12through June 30, 1995, the Treasurer shall transfer each month
13from the General Revenue Fund to the Local Government
14Distributive Fund an amount equal to 1/11 of the net revenue
15realized from the tax imposed by subsections (a) and (b) of
16Section 201 of this Act during the preceding month. Beginning
17July 1, 1995 and continuing through January 31, 2011, the
18Treasurer shall transfer each month from the General Revenue
19Fund to the Local Government Distributive Fund an amount equal
20to the net of (i) 1/10 of the net revenue realized from the tax
21imposed by subsections (a) and (b) of Section 201 of the
22Illinois Income Tax Act during the preceding month (ii) minus,
23beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
24and beginning July 1, 2004, zero. Beginning February 1, 2011,
25and continuing through January 31, 2015, the Treasurer shall
26transfer each month from the General Revenue Fund to the Local

 

 

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1Government Distributive Fund an amount equal to the sum of (i)
26% (10% of the ratio of the 3% individual income tax rate prior
3to 2011 to the 5% individual income tax rate after 2010) of the
4net revenue realized from the tax imposed by subsections (a)
5and (b) of Section 201 of this Act upon individuals, trusts,
6and estates during the preceding month and (ii) 6.86% (10% of
7the ratio of the 4.8% corporate income tax rate prior to 2011
8to the 7% corporate income tax rate after 2010) of the net
9revenue realized from the tax imposed by subsections (a) and
10(b) of Section 201 of this Act upon corporations during the
11preceding month. Beginning August 1, 2011 and through July 1,
122012, the amounts required to be transferred under this
13subsection (b) shall be reduced by $20,800,000 per month, which
14shall be transferred to the Common School Fund. Beginning
15February 1, 2015 and continuing through January 31, 2025, the
16Treasurer shall transfer each month from the General Revenue
17Fund to the Local Government Distributive Fund an amount equal
18to the sum of (i) 8% (10% of the ratio of the 3% individual
19income tax rate prior to 2011 to the 3.75% individual income
20tax rate after 2014) of the net revenue realized from the tax
21imposed by subsections (a) and (b) of Section 201 of this Act
22upon individuals, trusts, and estates during the preceding
23month and (ii) 9.14% (10% of the ratio of the 4.8% corporate
24income tax rate prior to 2011 to the 5.25% corporate income tax
25rate after 2014) of the net revenue realized from the tax
26imposed by subsections (a) and (b) of Section 201 of this Act

 

 

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1upon corporations during the preceding month. Beginning
2February 1, 2025, the Treasurer shall transfer each month from
3the General Revenue Fund to the Local Government Distributive
4Fund an amount equal to the sum of (i) 9.23% (10% of the ratio
5of the 3% individual income tax rate prior to 2011 to the 3.25%
6individual income tax rate after 2024) of the net revenue
7realized from the tax imposed by subsections (a) and (b) of
8Section 201 of this Act upon individuals, trusts, and estates
9during the preceding month and (ii) 10% of the net revenue
10realized from the tax imposed by subsections (a) and (b) of
11Section 201 of this Act upon corporations during the preceding
12month. Net revenue realized for a month shall be defined as the
13revenue from the tax imposed by subsections (a) and (b) of
14Section 201 of this Act which is deposited in the General
15Revenue Fund, the Education Assistance Fund, the Income Tax
16Surcharge Local Government Distributive Fund, the Fund for the
17Advancement of Education, and the Commitment to Human Services
18Fund during the month minus the amount paid out of the General
19Revenue Fund in State warrants during that same month as
20refunds to taxpayers for overpayment of liability under the tax
21imposed by subsections (a) and (b) of Section 201 of this Act.
22    (c) Deposits Into Income Tax Refund Fund.
23        (1) Beginning on January 1, 1989 and thereafter, the
24    Department shall deposit a percentage of the amounts
25    collected pursuant to subsections (a) and (b)(1), (2), and
26    (3), of Section 201 of this Act into a fund in the State

 

 

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1    treasury known as the Income Tax Refund Fund. The
2    Department shall deposit 6% of such amounts during the
3    period beginning January 1, 1989 and ending on June 30,
4    1989. Beginning with State fiscal year 1990 and for each
5    fiscal year thereafter, the percentage deposited into the
6    Income Tax Refund Fund during a fiscal year shall be the
7    Annual Percentage. For fiscal years 1999 through 2001, the
8    Annual Percentage shall be 7.1%. For fiscal year 2003, the
9    Annual Percentage shall be 8%. For fiscal year 2004, the
10    Annual Percentage shall be 11.7%. Upon the effective date
11    of this amendatory Act of the 93rd General Assembly, the
12    Annual Percentage shall be 10% for fiscal year 2005. For
13    fiscal year 2006, the Annual Percentage shall be 9.75%. For
14    fiscal year 2007, the Annual Percentage shall be 9.75%. For
15    fiscal year 2008, the Annual Percentage shall be 7.75%. For
16    fiscal year 2009, the Annual Percentage shall be 9.75%. For
17    fiscal year 2010, the Annual Percentage shall be 9.75%. For
18    fiscal year 2011, the Annual Percentage shall be 8.75%. For
19    all other fiscal years, the Annual Percentage shall be
20    calculated as a fraction, the numerator of which shall be
21    the amount of refunds approved for payment by the
22    Department during the preceding fiscal year as a result of
23    overpayment of tax liability under subsections (a) and
24    (b)(1), (2), and (3) of Section 201 of this Act plus the
25    amount of such refunds remaining approved but unpaid at the
26    end of the preceding fiscal year, minus the amounts

 

 

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1    transferred into the Income Tax Refund Fund from the
2    Tobacco Settlement Recovery Fund, and the denominator of
3    which shall be the amounts which will be collected pursuant
4    to subsections (a) and (b)(1), (2), and (3) of Section 201
5    of this Act during the preceding fiscal year; except that
6    in State fiscal year 2002, the Annual Percentage shall in
7    no event exceed 7.6%. The Director of Revenue shall certify
8    the Annual Percentage to the Comptroller on the last
9    business day of the fiscal year immediately preceding the
10    fiscal year for which it is to be effective.
11        (2) Beginning on January 1, 1989 and thereafter, the
12    Department shall deposit a percentage of the amounts
13    collected pursuant to subsections (a) and (b)(6), (7), and
14    (8), (c) and (d) of Section 201 of this Act into a fund in
15    the State treasury known as the Income Tax Refund Fund. The
16    Department shall deposit 18% of such amounts during the
17    period beginning January 1, 1989 and ending on June 30,
18    1989. Beginning with State fiscal year 1990 and for each
19    fiscal year thereafter, the percentage deposited into the
20    Income Tax Refund Fund during a fiscal year shall be the
21    Annual Percentage. For fiscal years 1999, 2000, and 2001,
22    the Annual Percentage shall be 19%. For fiscal year 2003,
23    the Annual Percentage shall be 27%. For fiscal year 2004,
24    the Annual Percentage shall be 32%. Upon the effective date
25    of this amendatory Act of the 93rd General Assembly, the
26    Annual Percentage shall be 24% for fiscal year 2005. For

 

 

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1    fiscal year 2006, the Annual Percentage shall be 20%. For
2    fiscal year 2007, the Annual Percentage shall be 17.5%. For
3    fiscal year 2008, the Annual Percentage shall be 15.5%. For
4    fiscal year 2009, the Annual Percentage shall be 17.5%. For
5    fiscal year 2010, the Annual Percentage shall be 17.5%. For
6    fiscal year 2011, the Annual Percentage shall be 17.5%. For
7    all other fiscal years, the Annual Percentage shall be
8    calculated as a fraction, the numerator of which shall be
9    the amount of refunds approved for payment by the
10    Department during the preceding fiscal year as a result of
11    overpayment of tax liability under subsections (a) and
12    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
13    Act plus the amount of such refunds remaining approved but
14    unpaid at the end of the preceding fiscal year, and the
15    denominator of which shall be the amounts which will be
16    collected pursuant to subsections (a) and (b)(6), (7), and
17    (8), (c) and (d) of Section 201 of this Act during the
18    preceding fiscal year; except that in State fiscal year
19    2002, the Annual Percentage shall in no event exceed 23%.
20    The Director of Revenue shall certify the Annual Percentage
21    to the Comptroller on the last business day of the fiscal
22    year immediately preceding the fiscal year for which it is
23    to be effective.
24        (3) The Comptroller shall order transferred and the
25    Treasurer shall transfer from the Tobacco Settlement
26    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000

 

 

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1    in January, 2001, (ii) $35,000,000 in January, 2002, and
2    (iii) $35,000,000 in January, 2003.
3    (d) Expenditures from Income Tax Refund Fund.
4        (1) Beginning January 1, 1989, money in the Income Tax
5    Refund Fund shall be expended exclusively for the purpose
6    of paying refunds resulting from overpayment of tax
7    liability under Section 201 of this Act, for paying rebates
8    under Section 208.1 in the event that the amounts in the
9    Homeowners' Tax Relief Fund are insufficient for that
10    purpose, and for making transfers pursuant to this
11    subsection (d).
12        (2) The Director shall order payment of refunds
13    resulting from overpayment of tax liability under Section
14    201 of this Act from the Income Tax Refund Fund only to the
15    extent that amounts collected pursuant to Section 201 of
16    this Act and transfers pursuant to this subsection (d) and
17    item (3) of subsection (c) have been deposited and retained
18    in the Fund.
19        (3) As soon as possible after the end of each fiscal
20    year, the Director shall order transferred and the State
21    Treasurer and State Comptroller shall transfer from the
22    Income Tax Refund Fund to the Personal Property Tax
23    Replacement Fund an amount, certified by the Director to
24    the Comptroller, equal to the excess of the amount
25    collected pursuant to subsections (c) and (d) of Section
26    201 of this Act deposited into the Income Tax Refund Fund

 

 

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1    during the fiscal year over the amount of refunds resulting
2    from overpayment of tax liability under subsections (c) and
3    (d) of Section 201 of this Act paid from the Income Tax
4    Refund Fund during the fiscal year.
5        (4) As soon as possible after the end of each fiscal
6    year, the Director shall order transferred and the State
7    Treasurer and State Comptroller shall transfer from the
8    Personal Property Tax Replacement Fund to the Income Tax
9    Refund Fund an amount, certified by the Director to the
10    Comptroller, equal to the excess of the amount of refunds
11    resulting from overpayment of tax liability under
12    subsections (c) and (d) of Section 201 of this Act paid
13    from the Income Tax Refund Fund during the fiscal year over
14    the amount collected pursuant to subsections (c) and (d) of
15    Section 201 of this Act deposited into the Income Tax
16    Refund Fund during the fiscal year.
17        (4.5) As soon as possible after the end of fiscal year
18    1999 and of each fiscal year thereafter, the Director shall
19    order transferred and the State Treasurer and State
20    Comptroller shall transfer from the Income Tax Refund Fund
21    to the General Revenue Fund any surplus remaining in the
22    Income Tax Refund Fund as of the end of such fiscal year;
23    excluding for fiscal years 2000, 2001, and 2002 amounts
24    attributable to transfers under item (3) of subsection (c)
25    less refunds resulting from the earned income tax credit.
26        (5) This Act shall constitute an irrevocable and

 

 

HB3501- 19 -LRB097 08883 HLH 49013 b

1    continuing appropriation from the Income Tax Refund Fund
2    for the purpose of paying refunds upon the order of the
3    Director in accordance with the provisions of this Section.
4    (e) Deposits into the Education Assistance Fund and the
5Income Tax Surcharge Local Government Distributive Fund.
6    On July 1, 1991, and thereafter, of the amounts collected
7pursuant to subsections (a) and (b) of Section 201 of this Act,
8minus deposits into the Income Tax Refund Fund, the Department
9shall deposit 7.3% into the Education Assistance Fund in the
10State Treasury. Beginning July 1, 1991, and continuing through
11January 31, 1993, of the amounts collected pursuant to
12subsections (a) and (b) of Section 201 of the Illinois Income
13Tax Act, minus deposits into the Income Tax Refund Fund, the
14Department shall deposit 3.0% into the Income Tax Surcharge
15Local Government Distributive Fund in the State Treasury.
16Beginning February 1, 1993 and continuing through June 30,
171993, of the amounts collected pursuant to subsections (a) and
18(b) of Section 201 of the Illinois Income Tax Act, minus
19deposits into the Income Tax Refund Fund, the Department shall
20deposit 4.4% into the Income Tax Surcharge Local Government
21Distributive Fund in the State Treasury. Beginning July 1,
221993, and continuing through June 30, 1994, of the amounts
23collected under subsections (a) and (b) of Section 201 of this
24Act, minus deposits into the Income Tax Refund Fund, the
25Department shall deposit 1.475% into the Income Tax Surcharge
26Local Government Distributive Fund in the State Treasury.

 

 

HB3501- 20 -LRB097 08883 HLH 49013 b

1    (f) Deposits into the Fund for the Advancement of
2Education. Beginning February 1, 2015, the Department shall
3deposit the following portions of the revenue realized from the
4tax imposed upon individuals, trusts, and estates by
5subsections (a) and (b) of Section 201 of this Act during the
6preceding month, minus deposits into the Income Tax Refund
7Fund, into the Fund for the Advancement of Education:
8        (1) beginning February 1, 2015, and prior to February
9    1, 2025, 1/30; and
10        (2) beginning February 1, 2025, 1/26.
11    If the rate of tax imposed by subsection (a) and (b) of
12Section 201 is reduced pursuant to Section 201.5 of this Act,
13the Department shall not make the deposits required by this
14subsection (f) on or after the effective date of the reduction.
15    (g) Deposits into the Commitment to Human Services Fund.
16Beginning February 1, 2015, the Department shall deposit the
17following portions of the revenue realized from the tax imposed
18upon individuals, trusts, and estates by subsections (a) and
19(b) of Section 201 of this Act during the preceding month,
20minus deposits into the Income Tax Refund Fund, into the
21Commitment to Human Services Fund:
22        (1) beginning February 1, 2015, and prior to February
23    1, 2025, 1/30; and
24        (2) beginning February 1, 2025, 1/26.
25    If the rate of tax imposed by subsection (a) and (b) of
26Section 201 is reduced pursuant to Section 201.5 of this Act,

 

 

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1the Department shall not make the deposits required by this
2subsection (g) on or after the effective date of the reduction.
3(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08;
496-45, eff. 7-15-09; 96-328, eff. 8-11-09; 96-959, eff. 7-1-10;
596-1496, eff. 1-13-11.)
 
6    Section 20. The Retailers' Occupation Tax Act is amended by
7changing Sections 1 and 2 as follows:
 
8    (35 ILCS 120/1)  (from Ch. 120, par. 440)
9    Sec. 1. Definitions. "Sale at retail" means any transfer of
10the ownership of or title to tangible personal property to a
11purchaser, for the purpose of use or consumption, and not for
12the purpose of resale in any form as tangible personal property
13to the extent not first subjected to a use for which it was
14purchased, for a valuable consideration: Provided that the
15property purchased is deemed to be purchased for the purpose of
16resale, despite first being used, to the extent to which it is
17resold as an ingredient of an intentionally produced product or
18byproduct of manufacturing. For this purpose, slag produced as
19an incident to manufacturing pig iron or steel and sold is
20considered to be an intentionally produced byproduct of
21manufacturing. Transactions whereby the possession of the
22property is transferred but the seller retains the title as
23security for payment of the selling price shall be deemed to be
24sales.

 

 

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1    "Sale at retail" shall be construed to include any transfer
2of the ownership of or title to tangible personal property to a
3purchaser, for use or consumption by any other person to whom
4such purchaser may transfer the tangible personal property
5without a valuable consideration, and to include any transfer,
6whether made for or without a valuable consideration, for
7resale in any form as tangible personal property unless made in
8compliance with Section 2c of this Act.
9    Sales of tangible personal property, which property, to the
10extent not first subjected to a use for which it was purchased,
11as an ingredient or constituent, goes into and forms a part of
12tangible personal property subsequently the subject of a "Sale
13at retail", are not sales at retail as defined in this Act:
14Provided that the property purchased is deemed to be purchased
15for the purpose of resale, despite first being used, to the
16extent to which it is resold as an ingredient of an
17intentionally produced product or byproduct of manufacturing.
18    "Sale at retail" includes all of the following services, as
19enumerated in the North American Industry Classification
20System Manual (NAICS), 1997, prepared by the United States
21Office of Management and Budget:
22        (1) Other warehousing and storage (household and
23    specialty goods) (49319).
24        (2) Travel agent services (56151).
25        (3) Carpet and upholstery cleaning services (56174).
26        (4) Dating services (8129902).

 

 

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1        (5) Dry cleaning and laundry, except coin-operated
2    (81232).
3        (6) Consumer goods rental (5322).
4        (7) Health clubs, tanning parlors, reducing salons
5    (81219).
6        (8) Linen supply (812331).
7        (9) Interior design services (54141).
8        (10) Other business services, including copy shops
9    (561439).
10        (11) Bowling Centers (71395).
11        (12) Coin operated video games and pinball machines
12    (71312).
13        (13) Membership fees in private clubs (71391).
14        (14) Admission to spectator sports (excluding horse
15    tracks) (7112).
16        (15) Admission to cultural events (711).
17        (16) Billiard Parlors (71399).
18        (17) Scenic and sightseeing transportation (487).
19        (18) Taxi and Limousine services (4853).
20        (19) Unscheduled chartered passenger air
21    transportation (481211).
22        (20) Motion picture theaters, except drive-in theaters
23    (512131).
24        (21) Pet grooming (81291).
25        (22) Landscaping services (including lawn care)
26    (56173).

 

 

HB3501- 24 -LRB097 08883 HLH 49013 b

1        (23) Income from intrastate transportation of persons
2    (485).
3        (24) Mini-storage (53113).
4        (25) Household goods storage (49311).
5        (26) Cold storage (49312).
6        (27) Marina Service (docking, storage, cleaning,
7    repair) (71393).
8        (28) Marine towing service (including tugboats)
9    (48833).
10        (29) Gift and package wrapping service (5619).
11        (30) Laundry and dry cleaning services, coin-operated
12    (81231).
13        (31) Other services to buildings and dwellings
14    (56179).
15        (32) Water softening and conditioning (5619902).
16        (33) Internet Service Providers (518111).
17        (34) Short term auto rental (532111).
18        (35) Information Services (519190).
19        (36) Amusement park admission and rides (71311).
20        (37) Circuses and fairs -- admission and games (7113).
21        (38) Cable and other program distribution (5175).
22        (39) Rental of video tapes for home viewing (53223).
23    "Sale at retail" shall be construed to include any Illinois
24florist's sales transaction in which the purchase order is
25received in Illinois by a florist and the sale is for use or
26consumption, but the Illinois florist has a florist in another

 

 

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1state deliver the property to the purchaser or the purchaser's
2donee in such other state.
3    Nonreusable tangible personal property that is used by
4persons engaged in the business of operating a restaurant,
5cafeteria, or drive-in is a sale for resale when it is
6transferred to customers in the ordinary course of business as
7part of the sale of food or beverages and is used to deliver,
8package, or consume food or beverages, regardless of where
9consumption of the food or beverages occurs. Examples of those
10items include, but are not limited to nonreusable, paper and
11plastic cups, plates, baskets, boxes, sleeves, buckets or other
12containers, utensils, straws, placemats, napkins, doggie bags,
13and wrapping or packaging materials that are transferred to
14customers as part of the sale of food or beverages in the
15ordinary course of business.
16    The purchase, employment and transfer of such tangible
17personal property as newsprint and ink for the primary purpose
18of conveying news (with or without other information) is not a
19purchase, use or sale of tangible personal property.
20    A person whose activities are organized and conducted
21primarily as a not-for-profit service enterprise, and who
22engages in selling tangible personal property at retail
23(whether to the public or merely to members and their guests)
24is engaged in the business of selling tangible personal
25property at retail with respect to such transactions, excepting
26only a person organized and operated exclusively for

 

 

HB3501- 26 -LRB097 08883 HLH 49013 b

1charitable, religious or educational purposes either (1), to
2the extent of sales by such person to its members, students,
3patients or inmates of tangible personal property to be used
4primarily for the purposes of such person, or (2), to the
5extent of sales by such person of tangible personal property
6which is not sold or offered for sale by persons organized for
7profit. The selling of school books and school supplies by
8schools at retail to students is not "primarily for the
9purposes of" the school which does such selling. The provisions
10of this paragraph shall not apply to nor subject to taxation
11occasional dinners, socials or similar activities of a person
12organized and operated exclusively for charitable, religious
13or educational purposes, whether or not such activities are
14open to the public.
15    A person who is the recipient of a grant or contract under
16Title VII of the Older Americans Act of 1965 (P.L. 92-258) and
17serves meals to participants in the federal Nutrition Program
18for the Elderly in return for contributions established in
19amount by the individual participant pursuant to a schedule of
20suggested fees as provided for in the federal Act is not
21engaged in the business of selling tangible personal property
22at retail with respect to such transactions.
23    "Purchaser" means anyone who, through a sale at retail,
24acquires the ownership of or title to tangible personal
25property for a valuable consideration.
26    "Reseller of motor fuel" means any person engaged in the

 

 

HB3501- 27 -LRB097 08883 HLH 49013 b

1business of selling or delivering or transferring title of
2motor fuel to another person other than for use or consumption.
3No person shall act as a reseller of motor fuel within this
4State without first being registered as a reseller pursuant to
5Section 2c or a retailer pursuant to Section 2a.
6    "Selling price" or the "amount of sale" means the
7consideration for a sale valued in money whether received in
8money or otherwise, including cash, credits, property, other
9than as hereinafter provided, and services, but not including
10the value of or credit given for traded-in tangible personal
11property where the item that is traded-in is of like kind and
12character as that which is being sold, and shall be determined
13without any deduction on account of the cost of the property
14sold, the cost of materials used, labor or service cost or any
15other expense whatsoever, but does not include charges that are
16added to prices by sellers on account of the seller's tax
17liability under this Act, or on account of the seller's duty to
18collect, from the purchaser, the tax that is imposed by the Use
19Tax Act, or, except as otherwise provided with respect to any
20cigarette tax imposed by a home rule unit, on account of the
21seller's tax liability under any local occupation tax
22administered by the Department, or, except as otherwise
23provided with respect to any cigarette tax imposed by a home
24rule unit on account of the seller's duty to collect, from the
25purchasers, the tax that is imposed under any local use tax
26administered by the Department. Effective December 1, 1985,

 

 

HB3501- 28 -LRB097 08883 HLH 49013 b

1"selling price" shall include charges that are added to prices
2by sellers on account of the seller's tax liability under the
3Cigarette Tax Act, on account of the sellers' duty to collect,
4from the purchaser, the tax imposed under the Cigarette Use Tax
5Act, and on account of the seller's duty to collect, from the
6purchaser, any cigarette tax imposed by a home rule unit.
7    The phrase "like kind and character" shall be liberally
8construed (including but not limited to any form of motor
9vehicle for any form of motor vehicle, or any kind of farm or
10agricultural implement for any other kind of farm or
11agricultural implement), while not including a kind of item
12which, if sold at retail by that retailer, would be exempt from
13retailers' occupation tax and use tax as an isolated or
14occasional sale.
15    "Gross receipts" from the sales of tangible personal
16property at retail means the total selling price or the amount
17of such sales, as hereinbefore defined. In the case of charge
18and time sales, the amount thereof shall be included only as
19and when payments are received by the seller. Receipts or other
20consideration derived by a seller from the sale, transfer or
21assignment of accounts receivable to a wholly owned subsidiary
22will not be deemed payments prior to the time the purchaser
23makes payment on such accounts.
24    "Department" means the Department of Revenue.
25    "Person" means any natural individual, firm, partnership,
26association, joint stock company, joint adventure, public or

 

 

HB3501- 29 -LRB097 08883 HLH 49013 b

1private corporation, limited liability company, or a receiver,
2executor, trustee, guardian or other representative appointed
3by order of any court.
4    The isolated or occasional sale of tangible personal
5property at retail by a person who does not hold himself out as
6being engaged (or who does not habitually engage) in selling
7such tangible personal property at retail, or a sale through a
8bulk vending machine, does not constitute engaging in a
9business of selling such tangible personal property at retail
10within the meaning of this Act; provided that any person who is
11engaged in a business which is not subject to the tax imposed
12by this Act because of involving the sale of or a contract to
13sell real estate or a construction contract to improve real
14estate or a construction contract to engineer, install, and
15maintain an integrated system of products, but who, in the
16course of conducting such business, transfers tangible
17personal property to users or consumers in the finished form in
18which it was purchased, and which does not become real estate
19or was not engineered and installed, under any provision of a
20construction contract or real estate sale or real estate sales
21agreement entered into with some other person arising out of or
22because of such nontaxable business, is engaged in the business
23of selling tangible personal property at retail to the extent
24of the value of the tangible personal property so transferred.
25If, in such a transaction, a separate charge is made for the
26tangible personal property so transferred, the value of such

 

 

HB3501- 30 -LRB097 08883 HLH 49013 b

1property, for the purpose of this Act, shall be the amount so
2separately charged, but not less than the cost of such property
3to the transferor; if no separate charge is made, the value of
4such property, for the purposes of this Act, is the cost to the
5transferor of such tangible personal property. Construction
6contracts for the improvement of real estate consisting of
7engineering, installation, and maintenance of voice, data,
8video, security, and all telecommunication systems do not
9constitute engaging in a business of selling tangible personal
10property at retail within the meaning of this Act if they are
11sold at one specified contract price.
12    A person who holds himself or herself out as being engaged
13(or who habitually engages) in selling tangible personal
14property at retail is a person engaged in the business of
15selling tangible personal property at retail hereunder with
16respect to such sales (and not primarily in a service
17occupation) notwithstanding the fact that such person designs
18and produces such tangible personal property on special order
19for the purchaser and in such a way as to render the property
20of value only to such purchaser, if such tangible personal
21property so produced on special order serves substantially the
22same function as stock or standard items of tangible personal
23property that are sold at retail.
24    Persons who engage in the business of transferring tangible
25personal property upon the redemption of trading stamps are
26engaged in the business of selling such property at retail and

 

 

HB3501- 31 -LRB097 08883 HLH 49013 b

1shall be liable for and shall pay the tax imposed by this Act
2on the basis of the retail value of the property transferred
3upon redemption of such stamps.
4    "Bulk vending machine" means a vending machine, containing
5unsorted confections, nuts, toys, or other items designed
6primarily to be used or played with by children which, when a
7coin or coins of a denomination not larger than $0.50 are
8inserted, are dispensed in equal portions, at random and
9without selection by the customer.
10(Source: P.A. 95-723, eff. 6-23-08.)
 
11    (35 ILCS 120/2)  (from Ch. 120, par. 441)
12    Sec. 2. Tax imposed. A tax is imposed upon persons engaged
13in the business of selling at retail tangible personal
14property, including computer software, and including
15photographs, negatives, and positives that are the product of
16photoprocessing, but not including products of photoprocessing
17produced for use in motion pictures for public commercial
18exhibition, or engaged in the business of providing services as
19set forth in in Section 1 of this Act. Beginning January 1,
202001, prepaid telephone calling arrangements shall be
21considered tangible personal property subject to the tax
22imposed under this Act regardless of the form in which those
23arrangements may be embodied, transmitted, or fixed by any
24method now known or hereafter developed.
25(Source: P.A. 91-51, eff. 6-30-99; 91-870, eff. 6-22-00.)
 

 

 

HB3501- 32 -LRB097 08883 HLH 49013 b

1    Section 25. The School Code is amended by changing Sections
21C-2, 2-3.25c, 2-3.25d, 3-7, 10-17a, 10-22.45, 18-8.05, 19-3,
321A-5, 21A-10, 21A-15, 21A-20, 21A-25, 21A-30, 23-3, 23-6, and
429-5 and by adding Sections 2-3.25d-5, 2-3.153, 2-3.154,
52-3.155, 2-3.156, 2-3.157, 10-16.10, 10-17b, 10-17c, 10-17d,
610-20.53, 17-2.11d, 21A-3, and 23-5.5 as follows:
 
7    (105 ILCS 5/1C-2)
8    Sec. 1C-2. Block grants.
9    (a) For fiscal year 1999, and each fiscal year thereafter,
10the State Board of Education shall award to school districts
11block grants as described in subsection (c). The State Board of
12Education may adopt rules and regulations necessary to
13implement this Section. In accordance with Section 2-3.32, all
14state block grants are subject to an audit. Therefore, block
15grant receipts and block grant expenditures shall be recorded
16to the appropriate fund code.
17    (b) (Blank).
18    (c) An Early Childhood Education Block Grant shall be
19created by combining the following programs: Preschool
20Education, Parental Training and Prevention Initiative. These
21funds shall be distributed to school districts and other
22entities on a competitive basis. Not less than 11% of this
23grant shall be used to fund programs for children ages 0-3,
24which percentage shall increase to at least 20% by Fiscal Year

 

 

HB3501- 33 -LRB097 08883 HLH 49013 b

12015. However, if, in a given fiscal year, the amount
2appropriated for the Early Childhood Education Block Grant is
3insufficient to increase the percentage of the grant to fund
4programs for children ages 0-3 without reducing the amount of
5the grant for existing providers of preschool education
6programs, then the percentage of the grant to fund programs for
7children ages 0-3 may be held steady instead of increased.
8    (d) For fiscal year 2012, the General Assembly shall
9appropriate no less than $380,261,400 to the Early Childhood
10Education Block Grant for the programs specified in subsection
11(c) of this Section.
12(Source: P.A. 95-793, eff. 1-1-09; 96-423, eff. 8-13-09.)
 
13    (105 ILCS 5/2-3.25c)  (from Ch. 122, par. 2-3.25c)
14    Sec. 2-3.25c. Financial and other awards Rewards and
15acknowledgements.
16    (a) The State Board of Education shall implement a system
17of rewards for school districts, and the schools themselves,
18whose students and schools consistently meet adequate yearly
19progress criteria for 2 or more consecutive years and a system
20to acknowledge schools and districts that meet adequate yearly
21progress criteria in a given year as specified in Section
222-3.25d of this Code.
23    (b) Financial awards shall be provided to the schools that
24the State Superintendent of Education determines have
25demonstrated the greatest improvement in achieving the

 

 

HB3501- 34 -LRB097 08883 HLH 49013 b

1education goals of improved student achievement and improved
2school completion, subject to appropriation by the General
3Assembly and any limitation set by the State Superintendent on
4the total amount that may be awarded to a school or school
5district; provided that such financial awards must not be used
6to enhance the compensation of staff in school districts having
7a population not exceeding 500,000.
8    (c) The State Superintendent of Education may present
9proclamations or certificates to schools and school systems
10determined to have met or exceeded the State's education goals
11under Section 2-3.64 of this Code.
12    (d) The Education Financial Award System Fund is created as
13a special fund in the State treasury. All money in the Fund
14shall be used, subject to appropriation, by the State Board of
15Education for the purpose of funding financial awards under
16this Section. The Fund shall consist of all moneys appropriated
17to the fund by the General Assembly and any gifts, grants,
18donations, and other moneys received by the State Board of
19Education for implementation of the awards system.
20    Any unexpended or unencumbered moneys remaining in the
21Education Financial Award System Fund at the end of a fiscal
22year shall remain in the Fund and shall not revert or be
23credited or transferred to the General Revenue Fund nor be
24transferred to any other fund. Any interest derived from the
25deposit and investment of moneys in the Education Financial
26Award System Fund shall remain in the Fund and shall not be

 

 

HB3501- 35 -LRB097 08883 HLH 49013 b

1credited to the General Revenue Fund. The Education Financial
2Award System Fund must be appropriated and expended only for
3the awards system. The awards are subject to audit requirements
4established by the State Board of Education.
5    (e) If a school or school district meets adequate yearly
6progress criteria for 2 consecutive school years, that school
7or district shall be exempt from review and approval of its
8improvement plan for the next 2 succeeding school years.
9(Source: P.A. 93-470, eff. 8-8-03.)
 
10    (105 ILCS 5/2-3.25d)  (from Ch. 122, par. 2-3.25d)
11    Sec. 2-3.25d. Academic early warning and watch status.
12    (a) Beginning with the 2005-2006 school year, unless the
13federal government formally disapproves of such policy through
14the submission and review process for the Illinois
15Accountability Workbook, those schools that do not meet
16adequate yearly progress criteria for 2 consecutive annual
17calculations in the same subject or in their participation
18rate, attendance rate, or graduation rate shall be placed on
19academic early warning status for the next school year. Schools
20on academic early warning status that do not meet adequate
21yearly progress criteria for a third annual calculation in the
22same subject or in their participation rate, attendance rate,
23or graduation rate shall remain on academic early warning
24status. Schools on academic early warning status that do not
25meet adequate yearly progress criteria for a fourth annual

 

 

HB3501- 36 -LRB097 08883 HLH 49013 b

1calculation in the same subject or in their participation rate,
2attendance rate, or graduation rate shall be placed on initial
3academic watch status. Schools on academic watch status that do
4not meet adequate yearly progress criteria for a fifth or
5subsequent annual calculation in the same subject or in their
6participation rate, attendance rate, or graduation rate shall
7remain on academic watch status. Schools on academic early
8warning or academic watch status that meet adequate yearly
9progress criteria for 2 consecutive calculations shall be
10considered as having met expectations and shall be removed from
11any status designation.
12    The school district of a school placed on either academic
13early warning status or academic watch status may appeal the
14status to the State Board of Education in accordance with
15Section 2-3.25m of this Code.
16    A school district that has one or more schools on academic
17early warning or academic watch status shall prepare a revised
18School Improvement Plan or amendments thereto setting forth the
19district's expectations for removing each school from academic
20early warning or academic watch status and for improving
21student performance in the affected school or schools.
22Districts operating under Article 34 of this Code may prepare
23the School Improvement Plan required under Section 34-2.4 of
24this Code.
25    The revised School Improvement Plan for a school that is
26initially placed on academic early warning status or that

 

 

HB3501- 37 -LRB097 08883 HLH 49013 b

1remains on academic early warning status after a third annual
2calculation must be approved by the school board (and by the
3school's local school council in a district operating under
4Article 34 of this Code, unless the school is on probation
5pursuant to subsection (c) of Section 34-8.3 of this Code).
6    The revised School Improvement Plan for a school that is
7initially placed on academic watch status after a fourth annual
8calculation must be approved by the school board (and by the
9school's local school council in a district operating under
10Article 34 of this Code, unless the school is on probation
11pursuant to subsection (c) of Section 34-8.3 of this Code).
12    The revised School Improvement Plan for a school that
13remains on academic watch status after a fifth annual
14calculation must be approved by the school board (and by the
15school's local school council in a district operating under
16Article 34 of this Code, unless the school is on probation
17pursuant to subsection (c) of Section 34-8.3 of this Code). In
18addition, the district must develop a school restructuring plan
19for the school that must be approved by the school board (and
20by the school's local school council in a district operating
21under Article 34 of this Code).
22    A school on academic watch status that does not meet
23adequate yearly progress criteria for a sixth annual
24calculation shall implement its approved school restructuring
25plan beginning with the next school year, subject to the State
26interventions specified in Section 2-3.25f of this Code.

 

 

HB3501- 38 -LRB097 08883 HLH 49013 b

1    (b) Beginning with the 2005-2006 school year, unless the
2federal government formally disapproves of such policy through
3the submission and review process for the Illinois
4Accountability Workbook, those school districts that do not
5meet adequate yearly progress criteria for 2 consecutive annual
6calculations in the same subject or in their participation
7rate, attendance rate, or graduation rate shall be placed on
8academic early warning status for the next school year.
9Districts on academic early warning status that do not meet
10adequate yearly progress criteria for a third annual
11calculation in the same subject or in their participation rate,
12attendance rate, or graduation rate shall remain on academic
13early warning status. Districts on academic early warning
14status that do not meet adequate yearly progress criteria for a
15fourth annual calculation in the same subject or in their
16participation rate, attendance rate, or graduation rate shall
17be placed on initial academic watch status. Districts on
18academic watch status that do not meet adequate yearly progress
19criteria for a fifth or subsequent annual calculation in the
20same subject or in their participation rate, attendance rate,
21or graduation rate shall remain on academic watch status.
22Districts on academic early warning or academic watch status
23that meet adequate yearly progress criteria for one annual
24calculation shall be considered as having met expectations and
25shall be removed from any status designation.
26    A district placed on either academic early warning status

 

 

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1or academic watch status may appeal the status to the State
2Board of Education in accordance with Section 2-3.25m of this
3Code.
4    Districts on academic early warning or academic watch
5status shall prepare a District Improvement Plan or amendments
6thereto setting forth the district's expectations for removing
7the district from academic early warning or academic watch
8status and for improving student performance in the district.
9    All District Improvement Plans must be approved by the
10school board.
11    (c) All new and revised School and District Improvement
12Plans shall be developed in collaboration with parents, staff
13in the affected school or school district, and outside experts.
14All revised School and District Improvement Plans shall be
15developed, submitted, and monitored pursuant to rules adopted
16by the State Board of Education. The revised Improvement Plan
17shall address measurable outcomes for improving student
18performance so that such performance meets adequate yearly
19progress criteria as specified by the State Board of Education
20and shall include a staff professional development plan
21developed in cooperation with staff. All school districts
22required to revise a School Improvement Plan in accordance with
23this Section shall establish a peer review process for the
24evaluation of School Improvement Plans.
25    (d) All federal requirements apply to schools and school
26districts utilizing federal funds under Title I, Part A of the

 

 

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1federal Elementary and Secondary Education Act of 1965.
2    (e) The State Board of Education, from any moneys it may
3have available for this purpose, must implement and administer
4a grant program that provides 2-year grants to school districts
5on the academic watch list and other school districts that have
6the lowest achieving students, as determined by the State Board
7of Education, to be used to improve student achievement. In
8order to receive a grant under this program, a school district
9must establish an accountability program. The accountability
10program must involve the use of statewide testing standards and
11local evaluation measures. A grant shall be automatically
12renewed when achievement goals are met. The Board may adopt any
13rules necessary to implement and administer this grant program.
14    (f) In addition to any moneys available under subsection
15(e) of this Section, a school district required to maintain
16School and District Improvement Plans under this Section,
17including a school district organized under Article 34 of this
18Code, shall annually receive from the State, subject to
19appropriation, an amount equal to $150 times the number of
20full-time certified teachers and administrators it employs for
21developing and implementing its mandatory School and District
22Improvement Plans, including its staff professional
23development plan.
24(Source: P.A. 96-734, eff. 8-25-09.)
 
25    (105 ILCS 5/2-3.25d-5 new)

 

 

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1    Sec. 2-3.25d-5. Educational improvement plan.
2    (a) Except for school districts required to develop School
3and District Improvement Plans under Section 2-3.25d of this
4Code, each school district shall develop, in compliance with
5rules promulgated by the State Board of Education, an
6educational improvement plan that must include (i) measures for
7improving school district, school building, and individual
8student performance and (ii) a staff professional development
9plan developed at least in cooperation with staff or, if
10applicable, the exclusive bargaining representatives of the
11staff. The district shall develop the educational improvement
12plan in collaboration with parents, staff, and the staff's
13exclusive bargaining representatives, if any.
 
14    (105 ILCS 5/2-3.153 new)
15    Sec. 2-3.153. The Digital Learning Technology Grant
16Program.
17    (a) As used in this Section, unless the context otherwise
18requires, "information technology education" means education
19in the development, design, use, maintenance, repair, and
20application of information technology systems or equipment,
21including, but not limited to, computers, the Internet,
22telecommunications devices and networks, and multi-media
23techniques.
24    (b) There is created the Digital Learning Technology Grant
25Program to provide money to school districts and charter

 

 

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1schools to use in integrating information technology and
2scientific equipment as tools to measurably improve teaching
3and learning in grades 9 through 12 in this State's public
4schools. The State Board of Education shall administer the
5grant program through the acceptance, review, and
6recommendation of applications submitted pursuant to this
7Section.
8    (c) Grants awarded through the grant program created under
9this Section shall continue for 4 fiscal years and may be
10renewed as provided by rule of the State Board of Education.
11Grants awarded through the program shall be paid out of any
12money appropriated or credited to the Digital Learning
13Technology Grant Fund. A school district or charter school
14shall use any moneys obtained through the grant program to
15integrate information technology education into the 9th grade
16through 12th grade curriculum. In the case of a school
17district, such integration shall be accomplished in one or more
18public schools in the district. The school district or charter
19school may contract with one or more private entities for
20assistance in integrating information technology education
21into the curriculum. In addition, school districts and charter
22schools are encouraged to partner with businesses for
23assistance in integrating information technology education
24into the curriculum.
25    (d) The State Board of Education shall adopt rules for the
26administration and implementation of the grant program created

 

 

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1under this Section. Subject to appropriation, the grants shall
2be awarded through the program for the 2010-2011 school year
3and annually thereafter.
4    (e) Any school district or charter school that seeks to
5participate in the grant program created under this Section
6shall submit an application to the State Board of Education in
7the form and according to the deadlines established by rule of
8the State Board of Education. The application shall include the
9following information:
10        (1) if the applicant is a school district, the names of
11    the schools that will receive the benefits of the grant;
12        (2) the current level of information technology
13    education integration at the recipient schools;
14        (3) the school district's or charter school's plan for
15    integrating information technology education into the 9th
16    grade through 12th grade curriculum, including any
17    specific method or program to be used, and any entities
18    with whom the school district or charter school plans to
19    contract or cooperate in achieving the integration;
20        (4) the specific, measurable goals to be achieved and
21    the actual deliverables to be produced through the
22    integration of information technology education into the
23    curriculum, a deadline for achieving those goals, and a
24    proposed method of measuring whether the goals were
25    achieved;
26        (5) any businesses with which the school district or

 

 

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1    charter school has partnered to improve the availability
2    and integration of information technology education within
3    the curriculum; and
4        (6) any other information that may be specified by rule
5    of the State Board of Education.
6    (f) In recommending and awarding grants through the
7program, the State Board of Education shall consider the
8following criteria:
9        (1) the degree to which information technology
10    education is already integrated into the curriculum of the
11    applying school district or charter school to ensure that
12    those school districts and charter schools with the least
13    degree of integration receive the grants first;
14        (2) the degree to which the applicant's proposed plan
15    for using the grant moneys will result in integration of
16    information technology tools and scientific equipment in a
17    manner that measurably improves teaching and learning;
18        (3) the validity, clarity, and measurability of the
19    goals established by the applicant and the validity of the
20    proposed methods for measuring achievement of the goals;
21        (4) the accountability system of specific measures and
22    deliverables to determine a baseline and annually assess
23    improvements in teaching and learning;
24        (5) any other financial resources available to the
25    applicant for integrating information technology education
26    into the curriculum;

 

 

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1        (6) the degree to which the applicant is cooperating or
2    partnering with businesses to improve the availability and
3    integration of information technology education in the
4    curriculum; the State Board of Education shall apply this
5    criteria with the goal of encouraging such partnerships;
6        (7) the strength and capacity of the applicant to
7    collaborate with the science, technology, engineering and
8    mathematics education center network under Section 4.5 of
9    the Illinois Mathematics and Science Academy Law and to
10    provide open source networking with other public schools in
11    this State; and
12        (8) any other criteria established by rule of the State
13    Board of Education to ensure that grants are awarded to
14    school districts and charter schools that demonstrate the
15    greatest need and the most valid, effective plan for
16    integrating information technology education into the
17    curriculum.
18    (g) In awarding grants through the grant program, the State
19Board of Education shall ensure, to the extent possible, that
20the grants are awarded to school districts and charter schools
21in all areas of this State.
22    (h) Nothing in this Section shall be construed to limit or
23otherwise affect any school district's ability to enter into an
24agreement with or receive funds from any private entity.
25    (i) Each school district and charter school that receives a
26grant through the grant program created under this Section

 

 

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1shall, by August 1 of the school year for which the grant was
2awarded, submit to the State Board of Education a report
3specifying the following information:
4        (1) the manner in which the grant moneys were used;
5        (2) the progress made toward achieving the goals
6    specified in the grant recipient's application;
7        (3) any additional entities and businesses with whom
8    the grant recipient has contracted or partnered with the
9    goal of achieving greater integration of information
10    technology education in the 9th grade through 12th grade
11    curriculum;
12        (4) the recipient school district's and charter
13    school's plan for continuing the integration of
14    information technology education into the curriculum,
15    regardless of whether the grant is renewed; and
16        (5) any other information specified by rule of the
17    State Board of Education.
18    (j) Notwithstanding subsection (i) of this Section, a
19recipient school need not submit a report for any academic year
20in which no grants are made through the grant program.
21    (k) The Digital Learning Technology Grant Fund is created
22as a special fund in the State treasury. All money in the Fund
23shall be used, subject to appropriation, by the State Board of
24Education for the purpose of funding grants under this Section.
25    (l) The State Board of Education may solicit and accept
26money in the form of gifts, contributions, and grants to be

 

 

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1deposited into the Digital Learning Technology Grant Fund. The
2acceptance of federal grants for purposes of this Section does
3not commit State funds nor place an obligation upon the General
4Assembly to continue the purposes for which the federal funds
5are made available.
 
6    (105 ILCS 5/2-3.154 new)
7    Sec. 2-3.154. Best practices clearinghouse.
8    (a) Beginning July 1, 2011 and subject to appropriation,
9the State Board of Education shall establish an online
10clearinghouse of information relating to best practices of
11campuses and school districts regarding instruction, public
12school finance, resource allocation, and business practices.
13To the extent practicable, the State Board of Education shall
14ensure that information provided through the online
15clearinghouse is specific, actionable information relating to
16the best practices of high-performing and highly efficient
17school districts rather than general guidelines relating to
18school district operation. The information must be accessible
19by school districts and interested members of the public.
20    (b) The State Board of Education shall solicit and collect
21from exemplary or recognized school districts, charter
22schools, and other institutions determined by the State Board
23of Education examples of best practices relating to
24instruction, public school finance, resource allocation, and
25business practices, including best practices relating to

 

 

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1curriculum, scope and sequence, compensation and incentive
2systems, bilingual education and special language programs,
3compensatory education programs, and the effective use of
4instructional technology, including online courses.
5    (c) The State Board of Education may contract for the
6services of one or more third-party contractors to develop,
7implement, and maintain a system of collecting and evaluating
8the best practices of campuses and school districts as provided
9by this Section. In addition to any other considerations
10required by law, the State Board of Education must consider an
11applicant's demonstrated competence and qualifications in
12analyzing school district practices in awarding a contract
13under this subsection (c).
14    (d) The State Board of Education may purchase from
15available funds curriculum and other instructional tools
16identified under this Section to provide for use by school
17districts.
 
18    (105 ILCS 5/2-3.155 new)
19    Sec. 2-3.155. The Science, Technology, Engineering, and
20Mathematics Education Center Grant Program.
21    (a) As used in this Section, unless the context otherwise
22requires:
23    "Grant program" means the science, technology,
24engineering, and mathematics education center grant program
25created in this Section.

 

 

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1    "Science, technology, engineering, and mathematics
2education" or "STEM" means learning experiences that integrate
3innovative curricular, instructional, and assessment
4strategies and materials, laboratory and mentorship
5experiences, and authentic inquiry-based and problem centered
6instruction to stimulate learning in the areas of science,
7technology, engineering, and mathematics.
8    "Science, technology, engineering, and mathematics
9education innovation center" means a center operated by a
10school district, a charter school, the Illinois Mathematics and
11Science Academy, or a joint collaborative partnership that
12provides STEM teaching and learning experiences, materials,
13laboratory and mentorship experiences, and educational
14seminars, institutes or workshops for students and teachers.
15    (b) Subject to appropriation, the Illinois Mathematics and
16Science Academy, in consultation and partnership with the State
17Board of Education, the Board of Higher Education, the business
18community, the entrepreneurial technology community, and
19professionals, including teachers, in the field of science,
20technology, engineering, and mathematics shall create a
21strategic plan for developing a whole systems approach to
22redesigning prekindergarten through grade 12 STEM education in
23this State, including, but not limited to, designing and
24creating integrative teaching and learning networks among
25science, technology, engineering, and mathematics innovation
26education centers, university and corporate research

 

 

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1facilities, and established STEM laboratories, businesses, and
2the Illinois Mathematics and Science Academy.
3    (c) At a minimum, the plan shall provide direction for
4program design and development, including the following:
5        (1) continuous generation and sharing of curricular,
6    instructional, assessment, and program development
7    materials and information about STEM teaching and learning
8    throughout the network;
9        (2) identification of curricular, instructional, and
10    assessment goals that reflect the research in cognition and
11    the development of creativity in STEM fields and the
12    systemic changes in STEM education, so as to be consistent
13    with inquiry-based and problem-centered instruction in
14    science, technology, engineering, and mathematics. Such
15    goals shall also reflect current frameworks, standards,
16    and guidelines, such as those defined by the National
17    Research Council (National Academy of Science), the
18    American Association for the Advancement of Science, the
19    National Council of Teachers of Mathematics, the National
20    Science Teachers Association, and professional
21    associations in STEM fields;
22        (3) identification of essential teacher competencies
23    and a comprehensive plan for recruiting, mentoring, and
24    retaining STEM teachers, especially those in
25    under-resourced schools and school districts; creation of
26    a community of practice among STEM center educators and

 

 

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1    other teachers of science, technology, engineering, and
2    mathematics as part of a network of promising practices in
3    teaching; and the establishment of recruitment, mentoring,
4    and retention plans for Golden Apple teachers in STEM
5    fields and Illinois STEM teachers who have received
6    national board certification and are also part of the STEM
7    innovation network;
8        (4) a statement of desired competencies for STEM
9    learning by students;
10        (5) a description of recommended courses of action to
11    improve educational experiences, programs, practices, and
12    service;
13        (6) the improvement of access and availability of STEM
14    courses, especially for rural school districts and
15    particularly to those groups which are traditionally
16    underrepresented through the Illinois Virtual High School;
17    the plan shall include goals for using telecommunications
18    facilities as recommended by a telecommunications advisory
19    commission;
20        (7) expectations and guidelines for designing and
21    developing a dynamic, creative, and engaged teaching
22    network;
23        (8) a description of the laboratory and incubator model
24    for the STEM centers;
25        (9) support for innovation and entrepreneurship in
26    curriculum, instruction, assessment, and professional

 

 

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1    development; and
2        (10) cost estimates.
3    (d) The plan shall provide a framework that enables the
4teachers, school districts, and institutions of higher
5education to operate as an integrated system. The plan shall
6provide innovative mechanisms and incentives to the following:
7        (1) educational providers, as well as professional
8    associations, business and university partners, and
9    educational receivers (students and teachers) at the
10    prekindergarten through grade 12 and postsecondary levels
11    to design and implement innovative curricula, including
12    experiences, mentorships, institutes, and seminars and to
13    develop new materials and activities for these;
14        (2) course providers and receivers for leveraging
15    distance learning technologies through the Illinois
16    Virtual High School and applying distance learning
17    instructional design techniques, taking into consideration
18    the work of a telecommunications advisory commission;
19        (3) prekindergarten through grade 12 teachers to
20    encourage them to take graduate STEM courses and degree
21    programs; such incentives may include a tuition matching
22    program;
23        (4) appropriate State agencies, federal agencies,
24    professional organizations, public television stations,
25    and businesses and industries to involve them in the
26    development of the strategic plan; and

 

 

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1        (5) businesses, industries, and individuals for
2    volunteering their time and community resources.
3    (e) The plan shall provide a mechanism for incorporating
4the cost for accomplishing these goals into the ongoing
5operating budget beginning in 2012.
6    (f) There is created the Science and Technology Education
7Center Grant Program to provide development and operating
8moneys in the form of matching funds for existing or proposed
9nonprofit STEM education centers. At a minimum, each STEM
10center that receives a grant shall not only provide STEM
11education activities to students enrolled in the school
12district or charter school and materials and educational
13workshops to teachers employed by the school district or
14charter school, but also, as part of generative and innovative
15teaching and learning network, shall share information with all
16STEM centers, the Illinois Mathematics and Science Academy, and
17partner associations or businesses.
18    (g) School districts, charter schools, the Illinois
19Mathematics and Science Academy, and joint collaborative
20partnerships may establish science and technology education
21centers or may contract with regional offices of education,
22intermediate service centers, public community colleges,
234-year institutions of higher education, non-profit or
24for-profit education providers, youth service agencies,
25community-based organizations, or other appropriate entities
26to establish science and technology education centers within

 

 

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1the public school system. Districts and charter schools may
2individually operate alternative learning opportunities
3programs or may collaborate with 2 or more districts or charter
4schools or do both to create and operate science and technology
5education centers.
6    (h) Beginning with the 2010-2011 school year, the State
7Board of Education shall, subject to available appropriations,
8annually award one or more science, technology, engineering,
9and mathematics education center grants for the development and
10operation of STEM centers.
11    A school district, a charter school, the Illinois
12Mathematics and Science Academy, or a joint collaborative
13partnership may apply for a STEM center grant pursuant to
14procedures and time lines specified by rule of the State Board
15of Education.
16    (i) The State Board of Education, in selecting one or more
17school districts, charter schools, or joint collaborative
18partnerships or the Illinois Mathematics and Science Academy
19for receipt of a grant, shall give priority to applicants that
20are geographically located farthest from other STEM centers or
21applicants that have less opportunity for science, technology,
22engineering, and mathematics resource support. The State Board
23shall also consider the following factors:
24        (1) the facility, equipment, and technology that are or
25    will be provided and the activities and range of programs
26    that are or will be offered by the STEM education center;

 

 

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1        (2) the strength and capacity of the school district or
2    charter school to work as a network cooperatively with the
3    Illinois Mathematics and Science Academy, other STEM
4    centers, universities and STEM laboratories, businesses,
5    and industries; and
6        (3) recommendations of the Illinois P-20 Council and
7    the Illinois Mathematics and Science Academy.
8    (j) A STEM center grant shall be payable from moneys
9appropriated to the STEM Education Center Grant Fund.
10    The State Board of Education shall specify the amount to be
11awarded to each school district, charter school, or joint
12collaborative partnership that is selected to receive a grant
13and to the Illinois Mathematics and Science Academy, if
14selected to receive a grant. The amount awarded to a new STEM
15center for start-up costs shall not exceed $1,000,000 for the
16first fiscal year and may not be renewed. The amount awarded to
17an operating STEM center for operating costs shall not exceed
18$500,000 for one fiscal year and shall be renewed annually for
195 consecutive years if the STEM center is meeting its
20accountability goals and its role as an active partner in a
21generative teaching and learning network.
22    (k) Each school district, charter school, or joint
23collaborative partnership that receives a grant pursuant to the
24grant program and the Illinois Mathematics and Science Academy,
25if selected to receive a grant, shall demonstrate, prior to
26receiving any actual moneys, that the center has received or

 

 

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1has a written commitment for matching funds from other public
2or private sources in the amount of a dollar-for-dollar match
3with the amount of the grant. This requirement may be waived
4upon application to and approval by the State Board of
5Education based on a showing of continued need or financial
6hardship.
7    (l) The State Board of Education shall promulgate such
8rules as are required in this Section and such additional rules
9as may be required for implementation of the grant program.
10    (m) Each school district or charter school that receives a
11grant through the grant program shall, by the close of each
12school year for which the grant was awarded, submit to the
13Illinois Mathematics and Science Academy and the State Board of
14Education a report specifying the following information:
15        (1) the manner in which the grant money was used;
16        (2) the progress made toward achieving the goals and
17    producing the deliverables specified in the grant
18    recipient's application;
19        (3) any additional entities and businesses with whom
20    the grant recipient has contracted or partnered with the
21    goal of achieving greater integration of information
22    technology education in prekindergarten through grade 12
23    curriculum;
24        (4) the recipient school district's or charter
25    school's plan for continuing the integration of
26    information technology education into the curriculum,

 

 

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1    regardless of whether the grant is renewed;
2        (5) the documentation demonstrating effective digital
3    collaboration and networking, technological cooperation
4    and sharing, and personal networking via innovative,
5    entrepreneurial networks;
6        (6) a description of innovative instructional methods;
7        (7) evidence of staff training and outreach to teachers
8    beyond those working in the STEM education center; and
9        (8) any other information specified by rule of the
10    State Board of Education.
11    (n) Notwithstanding the other provisions of this Section, a
12recipient school need not submit a report for any academic year
13in which no grants are made through the grant program.
14    (o) The STEM Education Center Grant Fund is created as a
15special fund in the State treasury. All money in the Fund shall
16be used, subject to appropriation, by the State Board of
17Education for the purpose of funding science, technology,
18engineering, and mathematics education center grants awarded
19under this Section.
20    (p) The State Board of Education may solicit and accept
21money in the form of gifts, contributions, and grants to be
22deposited in the STEM Education Center Grant Fund. The
23acceptance of federal grants for purposes of this Section does
24not commit State funds nor place an obligation upon the General
25Assembly to continue the purposes for which the federal funds
26are made available.
 

 

 

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1    (105 ILCS 5/2-3.156 new)
2    Sec. 2-3.156. School Improvement Partnership Pool Fund
3    (a) The School Improvement Partnership Pool Fund is created
4as a special fund in the State treasury. All interest earned on
5moneys in the Fund shall be deposited into the Fund. The School
6Improvement Partnership Pool Fund shall not be subject to
7sweeps, administrative charges, or charge-backs, such as, but
8not limited to, those authorized under Section 8h of the State
9Finance Act, nor any other fiscal or budgetary maneuver that
10would in any way transfer any funds from the School Improvement
11Partnership Pool Fund into any other fund of the State.
12    (b) Beginning in Fiscal Year 2013, moneys in the School
13Improvement Partnership Pool Fund shall be used, subject to
14appropriation, by the State Board of Education for a
15competitive grant program to provide school districts with
16demonstrated academic and financial need quality, integrated
17support systems, such as training for staff, tutoring programs
18for students, small school initiatives, literacy coaching,
19proven programs such as reduced class size, extended learning
20time, and after school and summer school programs, programs to
21engage parents, and other systems as determined by the State
22Board of Education.
23    (c) School districts eligible to apply to the State Board
24of Education for a grant under subsection (b) of this Section
25shall be limited to those (i) with any school that has not met

 

 

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1adequate yearly progress under the federal No Child Left Behind
2Act of 2001 for at least 2 consecutive years or (ii) that have
3been designated through the State Board of Education's School
4District Financial Profile System as on financial warning or
5financial watch status. The State Board may, by rule, establish
6any additional procedures with respect to this grant program.
 
7    (105 ILCS 5/2-3.157 new)
8    Sec. 2-3.157. Resource management service.
9    (a) Subject to appropriation, the State Board of Education
10shall establish and maintain an Internet web-based resource
11management service for all school districts on or before July
121, 2015. If no State funds are provided to school districts
13specifically for implementation of this Section, school
14districts are relieved from implementing all requirements
15under this Section.
16    (b) The resource management service shall identify
17resource configurations that contribute to improving internal
18resources for instructional programs, provide action-oriented
19analysis and solutions, and give school districts the ability
20to explore different scenarios of resource allocation.
21    (c) Annually, by the first day of October, an Internet
22web-based preliminary resource allocation report must be
23generated for each school district and delivered via the
24Internet to each district superintendent for use by the
25management team and the exclusive bargaining agents of the

 

 

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1school district's employees. This report shall identify
2potential cost savings or resource reallocation opportunities
3for the district in 5 core areas of school district spending.
4These core areas are instruction, operation and maintenance,
5transportation, food service, and central services. This
6analysis shall show district spending in detailed
7subcategories compared to demographically or operationally
8similar peer school districts. The web-based resource
9allocation reports generated under this Section constitute
10preliminary drafts, notes, recommendations, memoranda, and
11other records in which opinions are expressed or policies or
12actions are formulated and therefore exempt from disclosure
13under subdivision (f) of subsection (1) of Section 7 of the
14Freedom of Information Act.
15    (d) Each school district shall have the ability through the
16on-line resource allocation report to test various resource
17allocation scenarios relative to pre-defined peers as well as
18geographic peers and the most efficient peers statewide. Each
19district shall have the ability to choose specific combinations
20of districts for comparison.
21    (e) The resource management service shall contain, based on
22the spending and demographic profile of the school district,
23action-oriented information, such as effective best practices
24in schools districts, diagnostic questions, and other
25management or community considerations that may be implemented
26to capture savings identified in the resource allocation

 

 

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1report.
2    (f) The resource management service may be initiated and
3maintained through a contract between the State Board of
4Education and an independent third party specializing in school
5market research within this State and the United States. Any
6contract with a third party must be awarded through the State
7Board of Education's standard request for proposal procedure.
8Up to 25% of the annual appropriation may be allocated by the
9State Board of Education to hire personnel and facilitate data
10collection. No less than 25% of the annual appropriation shall
11be utilized by the State Board of Education to deliver training
12to school district personnel in the use of the management
13service. Such training shall be delivered by certificated
14school business officials or State Board of Education trained
15personnel and may be provided through administrator academies
16and mentoring programs. The State Board of Education may
17establish contracts with other organizations to provide such
18training and mentoring.
19    In the event that a district does not employ a certificated
20school business official, if State funds are provided
21specifically for this purpose, at least one employee must be
22trained and certified in the use of the resource management
23service. In addition, a representative of the exclusive
24bargaining agents of the school district's employees shall be
25invited to be trained and certified.
26    (g) The State Board of Education shall identify the data

 

 

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1required to implement the resource management service and
2develop annual data reporting instruments designed to collect
3the information from each school district.
4    The State Board of Education may provide grants to school
5districts to permit those school districts to develop and
6implement a plan for a shared services agreement in the
7following areas: operation and maintenance and central
8services.
9    (h) Annually, the certificated school business official or
10resource management service trained employee in each school
11district shall review and certify that the resource allocation
12report has been received and reviewed by the management team
13and the exclusive bargaining agent of the district.
14Subsequently, a report must be filed with the State Board of
15Education identifying the considerations that will be studied
16as a result of such analysis. In addition, any implementation
17of strategies or reallocation of resources associated with the
18resource management service must be annually reported to the
19Board of Education, the exclusive bargaining agents of the
20school district's employees, and, subsequently, the State
21Board of Education. The State Board shall annually prepare a
22cumulative report to be posted electronically containing those
23initiatives studied and implemented on a statewide basis.
 
24    (105 ILCS 5/3-7)  (from Ch. 122, par. 3-7)
25    Sec. 3-7. Failure to prepare and forward information. If

 

 

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1the trustees of schools of any township in Class II county
2school units, or any school district which forms a part of a
3Class II county school unit but which is not subject to the
4jurisdiction of the trustees of schools of any township in
5which such district is located, or any school district in any
6Class I county school units fail to prepare and forward or
7cause to be prepared and forwarded to the regional
8superintendent of schools, reports required by this Act, the
9regional superintendent of schools shall furnish such
10information or he shall employ a person or persons to furnish
11such information, as far as practicable. Such person shall have
12access to the books, records and papers of the school district
13to enable him or them to prepare such reports, and the school
14district shall permit such person or persons to examine such
15books, records and papers at such time and such place as such
16person or persons may desire for the purpose aforesaid. For
17such services the regional superintendent of schools shall bill
18the district an amount to cover the cost of preparation of such
19reports if he employs a person to prepare such reports.
20    Each school district shall, as of June 30 of each year,
21cause an audit of its accounts to be made by a person lawfully
22qualified to practice public accounting as regulated by the
23Illinois Public Accounting Act. Such audit shall include (i)
24development of a risk assessment of district internal controls,
25(ii) an annual review and update of the risk assessment, and
26(iii) an annual management letter that analyzes significant

 

 

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1risk assessment findings, recommends changes for strengthening
2controls and reducing identified risks, and specifies
3timeframes for implementation of these recommendations, as
4well as financial statements of the district applicable to the
5type of records required by other sections of this Act and in
6addition shall set forth the scope of audit and shall include
7the professional opinion signed by the auditor, or if such an
8opinion is denied by the auditor, shall set forth the reasons
9for such denial. Each school district shall on or before
10October 15 of each year, submit an original and one copy of the
11such audit to the regional superintendent of schools in the
12educational service region having jurisdiction in which case
13the regional superintendent of schools shall be relieved of
14responsibility in regard to the accounts of the school
15district. If any school district fails to supply the regional
16superintendent of schools with a copy of such audit report on
17or before October 15, or within such time extended by the
18regional superintendent of schools from that date, not to
19exceed 60 days, then it shall be the responsibility of the
20regional superintendent of schools having jurisdiction to
21cause such audit to be made by employing an accountant licensed
22to practice in the State of Illinois to conduct such audit and
23shall bill the district for such services, or shall with the
24personnel of his office make such audit to his satisfaction and
25bill the district for such service. In the latter case, if the
26audit is made by personnel employed in the office of the

 

 

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1regional superintendent of schools having jurisdiction, then
2the regional superintendent of schools shall not be relieved of
3the responsibility as to the accountability of the school
4district. The copy of the audit shall be forwarded by the
5regional superintendent to the State Board of Education on or
6before November 15 of each year and shall be filed by the State
7Board of Education. Beginning on July 1, 2012, all school
8districts shall utilize a competitive request for proposals
9process at least once every 5 years when contracting for such
10an annual audit, provided that school districts with existing
11contracts of less than 5 years in length that are in effect on
12July 1, 2012 shall utilize a competitive request for proposals
13process when contracting for an annual audit after the
14expiration date of the existing contract.
15    Each school district that is the administrative district
16for several school districts operating under a joint agreement
17as authorized by this Act shall, as of June 30 each year, cause
18an audit of the accounts of the joint agreement to be made by a
19person lawfully qualified to practice public accounting as
20regulated by the Illinois Public Accounting Act. Such audit
21shall include (i) development of a risk assessment of district
22internal controls, (ii) an annual review and update of the risk
23assessment, and (iii) an annual management letter that analyzes
24significant risk assessment findings, recommends changes for
25strengthening controls and reducing identified risks, and
26specifies timeframes for implementation of these

 

 

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1recommendations, as well as financial statements of the
2operation of the joint agreement applicable to the type of
3records required by this Act and, in addition, shall set forth
4the scope of the audit and shall include the professional
5opinion signed by the auditor, or if such an opinion is denied,
6the auditor shall set forth the reason for such denial. Each
7administrative district of a joint agreement shall on or before
8October 15 each year, submit an original and one copy of such
9audit to the regional superintendent of schools in the
10educational service region having jurisdiction in which case
11the regional superintendent of schools shall be relieved of
12responsibility in regard to the accounts of the joint
13agreement. The copy of the audit shall be forwarded by the
14regional superintendent to the State Board of Education on or
15before November 15 of each year and shall be filed by the State
16Board of Education. The cost of such an audit shall be
17apportioned among and paid by the several districts who are
18parties to the joint agreement, in the same manner as other
19costs and expenses accruing to the districts jointly. Beginning
20on July 1, 2012, all school districts operating under a joint
21agreement shall utilize a competitive request for proposals
22process at least once every 5 years when contracting for such
23an annual audit, provided that all school districts operating
24under a joint agreement with existing contracts of less than 5
25years in length that are in effect on July 1, 2012 shall
26utilize a competitive request for proposals process when

 

 

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1contracting for an annual audit after the expiration date of
2the existing contract.
3    The State Board of Education shall determine the adequacy
4of the audits. All audits shall be kept on file in the office
5of the State Board of Education.
6(Source: P.A. 86-1441; 87-473.)
 
7    (105 ILCS 5/10-16.10 new)
8    Sec. 10-16.10. Board member leadership training.
9    (a) This Section shall apply to all school board members
10serving pursuant to Section 10-10 of this Code who have been
11elected on or after the effective date of this amendatory Act
12of the 97th General Assembly or appointed to fill a vacancy of
13at least one year's duration on or after the effective date of
14this amendatory Act of the 97th General Assembly.
15    (b) It is the policy of this State to encourage every
16voting member of a board of education of a school district
17elected or appointed for a term beginning on or after the
18effective date of this amendatory Act of the 97th General
19Assembly, within a year after the effective date of this
20amendatory Act of the 97th General Assembly or the first year
21of his or her term, to complete a minimum of 4 hours of
22professional development leadership training covering topics
23in education and labor law, financial oversight and
24accountability, and fiduciary responsibilities of a school
25board member.

 

 

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1    (c) The training on financial oversight, accountability,
2and fiduciary responsibilities may be provided by an
3association established under this Code for the purpose of
4training school board members or by other qualified providers
5approved by the State Board of Education, in conjunction with
6an association so established.
 
7    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
8    Sec. 10-17a. Better schools accountability.
9    (1) Policy and Purpose. It shall be the policy of the State
10of Illinois that each school district in this State, including
11special charter districts and districts subject to the
12provisions of Article 34, shall submit to parents, taxpayers of
13such district, the Governor, the General Assembly, and the
14State Board of Education a school report card assessing the
15performance of its schools and students. The report card shall
16be an index of school performance measured against statewide
17and local standards and will provide information to make prior
18year comparisons and to set future year targets through the
19school improvement plan.
20    (2) Reporting Requirements. Each school district shall
21prepare a report card in accordance with the guidelines set
22forth in this Section which describes the performance of its
23students by school attendance centers and by district and the
24district's financial resources and use of financial resources.
25Such report card shall be presented at a regular school board

 

 

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1meeting subject to applicable notice requirements, posted on
2the school district's Internet web site, if the district
3maintains an Internet web site, made available to a newspaper
4of general circulation serving the district, and, upon request,
5sent home to a parent (unless the district does not maintain an
6Internet web site, in which case the report card shall be sent
7home to parents without request). If the district posts the
8report card on its Internet web site, the district shall send a
9written notice home to parents stating (i) that the report card
10is available on the web site, (ii) the address of the web site,
11(iii) that a printed copy of the report card will be sent to
12parents upon request, and (iv) the telephone number that
13parents may call to request a printed copy of the report card.
14In addition, each school district shall submit the completed
15report card to the office of the district's Regional
16Superintendent which shall make copies available to any
17individuals requesting them.
18    The report card shall be completed and disseminated prior
19to October 31 in each school year. The report card shall
20contain, but not be limited to, actual local school attendance
21center, school district and statewide data indicating the
22present performance of the school, the State norms and the
23areas for planned improvement for the school and school
24district.
25    (3) (a) The report card shall include the following
26applicable indicators of attendance center, district, and

 

 

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1statewide student performance: percent of students who exceed,
2meet, or do not meet standards established by the State Board
3of Education pursuant to Section 2-3.25a; longitudinal data
4system assessment estimates for each district, subject to a
5statewide longitudinal data system being established and data
6being available; composite and subtest means on nationally
7normed achievement tests for college bound students; student
8attendance rates; chronic truancy rate; dropout rate;
9graduation rate; and student mobility, turnover shown as a
10percent of transfers out and a percent of transfers in.
11    (b) The report card shall include the following
12descriptions for the school, district, and State: average class
13size; amount of time per day devoted to mathematics, science,
14English and social science at primary, middle and junior high
15school grade levels; number of students taking the Prairie
16State Achievement Examination under subsection (c) of Section
172-3.64, the number of those students who received a score of
18excellent, and the average score by school of students taking
19the examination; pupil-teacher ratio; pupil-administrator
20ratio; operating expenditure per pupil; district expenditure
21by fund; average administrator salary; and average teacher
22salary. The report card shall also specify the amount of money
23that the district receives from all sources, including without
24limitation subcategories specifying the amount from local
25property taxes, the amount from general State aid, the amount
26from other State funding, and the amount from other income.

 

 

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1    (c) The report card shall include applicable indicators of
2parental involvement in each attendance center. The parental
3involvement component of the report card shall include the
4percentage of students whose parents or guardians have had one
5or more personal contacts with the students' teachers during
6the school year concerning the students' education, and such
7other information, commentary, and suggestions as the school
8district desires. For the purposes of this paragraph, "personal
9contact" includes, but is not limited to, parent-teacher
10conferences, parental visits to school, school visits to home,
11telephone conversations, and written correspondence. The
12parental involvement component shall not single out or identify
13individual students, parents, or guardians by name.
14    (d) The report card form shall be prepared by the State
15Board of Education and provided to school districts by the most
16efficient, economic, and appropriate means.
17    (e) The report card shall include an indicator describing
18whether the school district has improved, declined, or remained
19stable in the aggregate percentage of students making at least
20one-year's academic growth each year, subject to a statewide
21longitudinal data system being established and data being
22available.
23(Source: P.A. 95-331, eff. 8-21-07.)
 
24    (105 ILCS 5/10-17b new)
25    Sec. 10-17b. Financial policies. Beginning with the second

 

 

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1fiscal year after the effective date of this amendatory Act of
2the 97th General Assembly, each school board shall adopt a
3formal, written financial policy. The policy may include
4information in the following areas:
5        (1) Debt capacity, issuance, and management.
6        (2) Capital asset management.
7        (3) Reserve or stabilization fund goals.
8        (4) Periodic budget to actual comparison reports.
9        (5) Fees and charges.
10        (6) The use of one-time revenue.
11        (7) Risk management related to internal controls.
12        (8) Purchasing.
13        (9) Vehicle acquisition and maintenance.
14The school board shall make the policy publicly available.
 
15    (105 ILCS 5/10-17c new)
16    Sec. 10-17c. Long-term financial plan. Beginning with the
17second fiscal year after the effective date of this amendatory
18Act of the 97th General Assembly, each school board shall
19develop a long-term financial plan that extends over at least a
203-year period and that is updated and approved annually. The
21plan must include multi-year forecasts of revenues,
22expenditures, and debt. The school board may make the plan
23available to the public by publishing it as a separate document
24and submitting it with the annual budget or by posting the plan
25as a document on the school district's Internet website, if

 

 

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1any. The forecasts that are the foundation of the plan must be
2available to participants in the budget process before
3budgetary decisions are made. The public must be provided
4opportunities for providing dialog with respect to the
5long-term financial planning process. Public access and review
6shall take place as part of the official budget hearing process
7in accordance with Section 17-1 of this Code, which requires
8the posting of notice and making documents available to the
9general public at least 30 days in advance of the budget
10hearing.
 
11    (105 ILCS 5/10-17d new)
12    Sec. 10-17d. Capital improvement plan. Beginning with the
13second fiscal year after the effective date of this amendatory
14Act of the 97th General Assembly, each school board shall
15develop a 5-year capital improvement plan that is updated and
16approved annually. The plan must include a summary list of the
17description of the capital projects to be completed over the
18next 5 years, along with projected expenditures, and revenue
19sources. The school board shall make the plan available to the
20public. The school board shall hold a public hearing on the
21capital improvement plan, which hearing may be held at a
22regularly scheduled meeting of the board. This hearing shall be
23held in the same manner and subject to the same notice and
24other requirements as the public hearing required prior to
25adoption of the budget in conformity with Section 17-1 of this

 

 

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1Code, which requires the posting of notice and making documents
2available to the general public at least 30 days in advance of
3the budget hearing.
 
4    (105 ILCS 5/10-20.53 new)
5    Sec. 10-20.53. School district financial accountability.
6    (a) A school board shall annually include a user-friendly
7executive summary as part of the district's budget. The
8executive summary shall include all of the following:
9        (1) The district's major goals and objectives.
10        (2) A discussion of the major financial factors and
11    trends affecting the budget, such as changes in revenues,
12    enrollment, and debt.
13        (3) A description of the budget process.
14        (4) An overview of revenues and expenditures for all
15    funds, including at least 3 to 5 years of prior and future
16    trends, based on data from the annual financial report.
17        (5) An explanation of significant financial and
18    demographic trends.
19        (6) An explanation of the reasons for a budget deficit
20    and an explanation of how the deficit is being addressed in
21    accordance with Section 17-1 of this Code.
22        (7) A budget forecast for at least 3 to 5 years in the
23    future.
24        (8) Student enrollment trends, including a future
25    forecast.

 

 

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1        (9) The number of personnel by type.
2        (10) Changes in both the long term and short term debt
3    burden.
4    (b) Beginning with the second fiscal year after the
5effective date of this amendatory Act of the 97th General
6Assembly, a school board shall annually include in the full
7budget document the following items; any or all of the
8following items may be published as separate documents provided
9that they are explicitly referenced in the annual budget and
10attached thereto and provided that they are made publicly
11available at the same time as the tentative budget document:
12        (1) An organizational chart.
13        (2) Formal financial policies pursuant to Section
14    10-17b of this Code.
15        (3) The district's long-term financial plan pursuant
16    to Section 10-17c of this Code or a summary of the
17    long-term financial plan.
18        (4) The district's capital improvement plan pursuant
19    to Section 10-17d of this Code or a summary of the capital
20    improvement plan.
 
21    (105 ILCS 5/10-22.45)  (from Ch. 122, par. 10-22.45)
22    Sec. 10-22.45. A school board shall To establish an audit
23committee, which may include and to appoint members of the
24board, or other appropriate officers, or persons who do not
25serve on the board to the committee, to review audit reports

 

 

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1and any other financial reports and documents, including
2management letters prepared by or on behalf of the board.
3Nothing in this Section prohibits a school district from
4maintaining its own internal audit function.
5(Source: P.A. 82-644.)
 
6    (105 ILCS 5/17-2.11d new)
7    Sec. 17-2.11d. Non-referendum bonds. Upon the
8certification of an architect and subsequent approval by the
9regional superintendent of schools and the State Board of
10Education, a board of education governing a school district
11having not more than 500,000 inhabitants may issue
12non-referendum bonds for the purposes described in Section 19-3
13of this Code. Such bonds may be issued in excess of any
14statutory limitation as to debt prescribed in Article 19 of
15this Code.
 
16    (105 ILCS 5/18-8.05)
17    Sec. 18-8.05. Basis for apportionment of general State
18financial aid and supplemental general State aid to the common
19schools for the 1998-1999 and subsequent school years.
 
20(A) General Provisions.
21    (1) The provisions of this Section apply to the 1998-1999
22and subsequent school years. The system of general State
23financial aid provided for in this Section is designed to

 

 

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1assure that, through a combination of State financial aid and
2required local resources, the financial support provided each
3pupil in Average Daily Attendance equals or exceeds a
4prescribed per pupil Foundation Level. This formula approach
5imputes a level of per pupil Available Local Resources and
6provides for the basis to calculate a per pupil level of
7general State financial aid that, when added to Available Local
8Resources, equals or exceeds the Foundation Level. The amount
9of per pupil general State financial aid for school districts,
10in general, varies in inverse relation to Available Local
11Resources. Per pupil amounts are based upon each school
12district's Average Daily Attendance as that term is defined in
13this Section.
14    (2) In addition to general State financial aid, school
15districts with specified levels or concentrations of pupils
16from low income households are eligible to receive supplemental
17general State financial aid grants as provided pursuant to
18subsection (H). The supplemental State aid grants provided for
19school districts under subsection (H) shall be appropriated for
20distribution to school districts as part of the same line item
21in which the general State financial aid of school districts is
22appropriated under this Section.
23    (3) To receive financial assistance under this Section,
24school districts are required to file claims with the State
25Board of Education, subject to the following requirements:
26        (a) Any school district which fails for any given

 

 

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1    school year to maintain school as required by law, or to
2    maintain a recognized school is not eligible to file for
3    such school year any claim upon the Common School Fund. In
4    case of nonrecognition of one or more attendance centers in
5    a school district otherwise operating recognized schools,
6    the claim of the district shall be reduced in the
7    proportion which the Average Daily Attendance in the
8    attendance center or centers bear to the Average Daily
9    Attendance in the school district. A "recognized school"
10    means any public school which meets the standards as
11    established for recognition by the State Board of
12    Education. A school district or attendance center not
13    having recognition status at the end of a school term is
14    entitled to receive State aid payments due upon a legal
15    claim which was filed while it was recognized.
16        (b) School district claims filed under this Section are
17    subject to Sections 18-9 and 18-12, except as otherwise
18    provided in this Section.
19        (c) If a school district operates a full year school
20    under Section 10-19.1, the general State aid to the school
21    district shall be determined by the State Board of
22    Education in accordance with this Section as near as may be
23    applicable.
24        (d) (Blank).
25    (4) Except as provided in subsections (H) and (L), the
26board of any district receiving any of the grants provided for

 

 

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1in this Section may apply those funds to any fund so received
2for which that board is authorized to make expenditures by law.
3    School districts are not required to exert a minimum
4Operating Tax Rate in order to qualify for assistance under
5this Section.
6    (5) As used in this Section the following terms, when
7capitalized, shall have the meaning ascribed herein:
8        (a) "Average Daily Attendance": A count of pupil
9    attendance in school, averaged as provided for in
10    subsection (C) and utilized in deriving per pupil financial
11    support levels.
12        (b) "Available Local Resources": A computation of
13    local financial support, calculated on the basis of Average
14    Daily Attendance and derived as provided pursuant to
15    subsection (D).
16        (c) "Corporate Personal Property Replacement Taxes":
17    Funds paid to local school districts pursuant to "An Act in
18    relation to the abolition of ad valorem personal property
19    tax and the replacement of revenues lost thereby, and
20    amending and repealing certain Acts and parts of Acts in
21    connection therewith", certified August 14, 1979, as
22    amended (Public Act 81-1st S.S.-1).
23        (d) "Foundation Level": A prescribed level of per pupil
24    financial support as provided for in subsection (B).
25        (e) "Operating Tax Rate": All school district property
26    taxes extended for all purposes, except Bond and Interest,

 

 

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1    Summer School, Rent, Capital Improvement, and Vocational
2    Education Building purposes.
 
3(B) Foundation Level.
4    (1) The Foundation Level is a figure established by the
5State representing the minimum level of per pupil financial
6support that should be available to provide for the basic
7education of each pupil in Average Daily Attendance. As set
8forth in this Section, each school district is assumed to exert
9a sufficient local taxing effort such that, in combination with
10the aggregate of general State financial aid provided the
11district, an aggregate of State and local resources are
12available to meet the basic education needs of pupils in the
13district.
14    (2) For the 1998-1999 school year, the Foundation Level of
15support is $4,225. For the 1999-2000 school year, the
16Foundation Level of support is $4,325. For the 2000-2001 school
17year, the Foundation Level of support is $4,425. For the
182001-2002 school year and 2002-2003 school year, the Foundation
19Level of support is $4,560. For the 2003-2004 school year, the
20Foundation Level of support is $4,810. For the 2004-2005 school
21year, the Foundation Level of support is $4,964. For the
222005-2006 school year, the Foundation Level of support is
23$5,164. For the 2006-2007 school year, the Foundation Level of
24support is $5,334. For the 2007-2008 school year, the
25Foundation Level of support is $5,734. For the 2008-2009 school

 

 

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1year, the Foundation Level of support is $5,959.
2    (3) For the 2009-2010 and the 2010-2011 school year and
3each school year thereafter, the Foundation Level of support is
4$6,119 or such greater amount as may be established by law by
5the General Assembly.
6    (4) It is the intention of the 97th General Assembly that
7the Foundation Level of support be increased to the Education
8Funding Advisory Board's recommendation for the 2006-2007
9school year and be inflation adjusted to the 2013-2014 school
10year, which would create a Foundation Level of $8,410, and that
11this Foundation Level of support be reached as soon as
12practicable using the additional revenue generated by the tax
13increases provided by Public Act 96-1496.
14    For the 2011-2012 school year, the Foundation Level of
15support is $6,190. For each school year thereafter, the
16Foundation Level of support shall be no less than $6,190.
 
17(C) Average Daily Attendance.
18    (1) For purposes of calculating general State aid pursuant
19to subsection (E), an Average Daily Attendance figure shall be
20utilized. The Average Daily Attendance figure for formula
21calculation purposes shall be the monthly average of the actual
22number of pupils in attendance of each school district, as
23further averaged for the best 3 months of pupil attendance for
24each school district. In compiling the figures for the number
25of pupils in attendance, school districts and the State Board

 

 

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1of Education shall, for purposes of general State aid funding,
2conform attendance figures to the requirements of subsection
3(F).
4    (2) The Average Daily Attendance figures utilized in
5subsection (E) shall be the requisite attendance data for the
6school year immediately preceding the school year for which
7general State aid is being calculated or the average of the
8attendance data for the 3 preceding school years, whichever is
9greater. The Average Daily Attendance figures utilized in
10subsection (H) shall be the requisite attendance data for the
11school year immediately preceding the school year for which
12general State aid is being calculated.
 
13(D) Available Local Resources.
14    (1) For purposes of calculating general State aid pursuant
15to subsection (E), a representation of Available Local
16Resources per pupil, as that term is defined and determined in
17this subsection, shall be utilized. Available Local Resources
18per pupil shall include a calculated dollar amount representing
19local school district revenues from local property taxes and
20from Corporate Personal Property Replacement Taxes, expressed
21on the basis of pupils in Average Daily Attendance. Calculation
22of Available Local Resources shall exclude any tax amnesty
23funds received as a result of Public Act 93-26.
24    (2) In determining a school district's revenue from local
25property taxes, the State Board of Education shall utilize the

 

 

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1equalized assessed valuation of all taxable property of each
2school district as of September 30 of the previous year. The
3equalized assessed valuation utilized shall be obtained and
4determined as provided in subsection (G).
5    (3) For school districts maintaining grades kindergarten
6through 12, local property tax revenues per pupil shall be
7calculated as the product of the applicable equalized assessed
8valuation for the district multiplied by 3.00%, and divided by
9the district's Average Daily Attendance figure. For school
10districts maintaining grades kindergarten through 8, local
11property tax revenues per pupil shall be calculated as the
12product of the applicable equalized assessed valuation for the
13district multiplied by 2.30%, and divided by the district's
14Average Daily Attendance figure. For school districts
15maintaining grades 9 through 12, local property tax revenues
16per pupil shall be the applicable equalized assessed valuation
17of the district multiplied by 1.05%, and divided by the
18district's Average Daily Attendance figure.
19    For partial elementary unit districts created pursuant to
20Article 11E of this Code, local property tax revenues per pupil
21shall be calculated as the product of the equalized assessed
22valuation for property within the partial elementary unit
23district for elementary purposes, as defined in Article 11E of
24this Code, multiplied by 2.06% and divided by the district's
25Average Daily Attendance figure, plus the product of the
26equalized assessed valuation for property within the partial

 

 

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1elementary unit district for high school purposes, as defined
2in Article 11E of this Code, multiplied by 0.94% and divided by
3the district's Average Daily Attendance figure.
4    (4) The Corporate Personal Property Replacement Taxes paid
5to each school district during the calendar year one year
6before the calendar year in which a school year begins, divided
7by the Average Daily Attendance figure for that district, shall
8be added to the local property tax revenues per pupil as
9derived by the application of the immediately preceding
10paragraph (3). The sum of these per pupil figures for each
11school district shall constitute Available Local Resources as
12that term is utilized in subsection (E) in the calculation of
13general State aid.
 
14(E) Computation of General State Aid.
15    (1) For each school year, the amount of general State aid
16allotted to a school district shall be computed by the State
17Board of Education as provided in this subsection.
18    (2) For any school district for which Available Local
19Resources per pupil is less than the product of 0.93 times the
20Foundation Level, general State aid for that district shall be
21calculated as an amount equal to the Foundation Level minus
22Available Local Resources, multiplied by the Average Daily
23Attendance of the school district.
24    (3) For any school district for which Available Local
25Resources per pupil is equal to or greater than the product of

 

 

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10.93 times the Foundation Level and less than the product of
21.75 times the Foundation Level, the general State aid per
3pupil shall be a decimal proportion of the Foundation Level
4derived using a linear algorithm. Under this linear algorithm,
5the calculated general State aid per pupil shall decline in
6direct linear fashion from 0.07 times the Foundation Level for
7a school district with Available Local Resources equal to the
8product of 0.93 times the Foundation Level, to 0.05 times the
9Foundation Level for a school district with Available Local
10Resources equal to the product of 1.75 times the Foundation
11Level. The allocation of general State aid for school districts
12subject to this paragraph 3 shall be the calculated general
13State aid per pupil figure multiplied by the Average Daily
14Attendance of the school district.
15    (4) For any school district for which Available Local
16Resources per pupil equals or exceeds the product of 1.75 times
17the Foundation Level, the general State aid for the school
18district shall be calculated as the product of $218 multiplied
19by the Average Daily Attendance of the school district.
20    (5) The amount of general State aid allocated to a school
21district for the 1999-2000 school year meeting the requirements
22set forth in paragraph (4) of subsection (G) shall be increased
23by an amount equal to the general State aid that would have
24been received by the district for the 1998-1999 school year by
25utilizing the Extension Limitation Equalized Assessed
26Valuation as calculated in paragraph (4) of subsection (G) less

 

 

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1the general State aid allotted for the 1998-1999 school year.
2This amount shall be deemed a one time increase, and shall not
3affect any future general State aid allocations.
 
4(F) Compilation of Average Daily Attendance.
5    (1) Each school district shall, by July 1 of each year,
6submit to the State Board of Education, on forms prescribed by
7the State Board of Education, attendance figures for the school
8year that began in the preceding calendar year. The attendance
9information so transmitted shall identify the average daily
10attendance figures for each month of the school year. Beginning
11with the general State aid claim form for the 2002-2003 school
12year, districts shall calculate Average Daily Attendance as
13provided in subdivisions (a), (b), and (c) of this paragraph
14(1).
15        (a) In districts that do not hold year-round classes,
16    days of attendance in August shall be added to the month of
17    September and any days of attendance in June shall be added
18    to the month of May.
19        (b) In districts in which all buildings hold year-round
20    classes, days of attendance in July and August shall be
21    added to the month of September and any days of attendance
22    in June shall be added to the month of May.
23        (c) In districts in which some buildings, but not all,
24    hold year-round classes, for the non-year-round buildings,
25    days of attendance in August shall be added to the month of

 

 

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1    September and any days of attendance in June shall be added
2    to the month of May. The average daily attendance for the
3    year-round buildings shall be computed as provided in
4    subdivision (b) of this paragraph (1). To calculate the
5    Average Daily Attendance for the district, the average
6    daily attendance for the year-round buildings shall be
7    multiplied by the days in session for the non-year-round
8    buildings for each month and added to the monthly
9    attendance of the non-year-round buildings.
10    Except as otherwise provided in this Section, days of
11attendance by pupils shall be counted only for sessions of not
12less than 5 clock hours of school work per day under direct
13supervision of: (i) teachers, or (ii) non-teaching personnel or
14volunteer personnel when engaging in non-teaching duties and
15supervising in those instances specified in subsection (a) of
16Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
17of legal school age and in kindergarten and grades 1 through
1812.
19    Days of attendance by tuition pupils shall be accredited
20only to the districts that pay the tuition to a recognized
21school.
22    (2) Days of attendance by pupils of less than 5 clock hours
23of school shall be subject to the following provisions in the
24compilation of Average Daily Attendance.
25        (a) Pupils regularly enrolled in a public school for
26    only a part of the school day may be counted on the basis

 

 

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1    of 1/6 day for every class hour of instruction of 40
2    minutes or more attended pursuant to such enrollment,
3    unless a pupil is enrolled in a block-schedule format of 80
4    minutes or more of instruction, in which case the pupil may
5    be counted on the basis of the proportion of minutes of
6    school work completed each day to the minimum number of
7    minutes that school work is required to be held that day.
8        (b) Days of attendance may be less than 5 clock hours
9    on the opening and closing of the school term, and upon the
10    first day of pupil attendance, if preceded by a day or days
11    utilized as an institute or teachers' workshop.
12        (c) A session of 4 or more clock hours may be counted
13    as a day of attendance upon certification by the regional
14    superintendent, and approved by the State Superintendent
15    of Education to the extent that the district has been
16    forced to use daily multiple sessions.
17        (d) A session of 3 or more clock hours may be counted
18    as a day of attendance (1) when the remainder of the school
19    day or at least 2 hours in the evening of that day is
20    utilized for an in-service training program for teachers,
21    up to a maximum of 5 days per school year, provided a
22    district conducts an in-service training program for
23    teachers in accordance with Section 10-22.39 of this Code;
24    or, in lieu of 4 such days, 2 full days may be used, in
25    which event each such day may be counted as a day required
26    for a legal school calendar pursuant to Section 10-19 of

 

 

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1    this Code; (1.5) when, of the 5 days allowed under item
2    (1), a maximum of 4 days are used for parent-teacher
3    conferences, or, in lieu of 4 such days, 2 full days are
4    used, in which case each such day may be counted as a
5    calendar day required under Section 10-19 of this Code,
6    provided that the full-day, parent-teacher conference
7    consists of (i) a minimum of 5 clock hours of
8    parent-teacher conferences, (ii) both a minimum of 2 clock
9    hours of parent-teacher conferences held in the evening
10    following a full day of student attendance, as specified in
11    subsection (F)(1)(c), and a minimum of 3 clock hours of
12    parent-teacher conferences held on the day immediately
13    following evening parent-teacher conferences, or (iii)
14    multiple parent-teacher conferences held in the evenings
15    following full days of student attendance, as specified in
16    subsection (F)(1)(c), in which the time used for the
17    parent-teacher conferences is equivalent to a minimum of 5
18    clock hours; and (2) when days in addition to those
19    provided in items (1) and (1.5) are scheduled by a school
20    pursuant to its school improvement plan adopted under
21    Article 34 or its revised or amended school improvement
22    plan adopted under Article 2, provided that (i) such
23    sessions of 3 or more clock hours are scheduled to occur at
24    regular intervals, (ii) the remainder of the school days in
25    which such sessions occur are utilized for in-service
26    training programs or other staff development activities

 

 

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1    for teachers, and (iii) a sufficient number of minutes of
2    school work under the direct supervision of teachers are
3    added to the school days between such regularly scheduled
4    sessions to accumulate not less than the number of minutes
5    by which such sessions of 3 or more clock hours fall short
6    of 5 clock hours. Any full days used for the purposes of
7    this paragraph shall not be considered for computing
8    average daily attendance. Days scheduled for in-service
9    training programs, staff development activities, or
10    parent-teacher conferences may be scheduled separately for
11    different grade levels and different attendance centers of
12    the district.
13        (e) A session of not less than one clock hour of
14    teaching hospitalized or homebound pupils on-site or by
15    telephone to the classroom may be counted as 1/2 day of
16    attendance, however these pupils must receive 4 or more
17    clock hours of instruction to be counted for a full day of
18    attendance.
19        (f) A session of at least 4 clock hours may be counted
20    as a day of attendance for first grade pupils, and pupils
21    in full day kindergartens, and a session of 2 or more hours
22    may be counted as 1/2 day of attendance by pupils in
23    kindergartens which provide only 1/2 day of attendance.
24        (g) For children with disabilities who are below the
25    age of 6 years and who cannot attend 2 or more clock hours
26    because of their disability or immaturity, a session of not

 

 

HB3501- 91 -LRB097 08883 HLH 49013 b

1    less than one clock hour may be counted as 1/2 day of
2    attendance; however for such children whose educational
3    needs so require a session of 4 or more clock hours may be
4    counted as a full day of attendance.
5        (h) A recognized kindergarten which provides for only
6    1/2 day of attendance by each pupil shall not have more
7    than 1/2 day of attendance counted in any one day. However,
8    kindergartens may count 2 1/2 days of attendance in any 5
9    consecutive school days. When a pupil attends such a
10    kindergarten for 2 half days on any one school day, the
11    pupil shall have the following day as a day absent from
12    school, unless the school district obtains permission in
13    writing from the State Superintendent of Education.
14    Attendance at kindergartens which provide for a full day of
15    attendance by each pupil shall be counted the same as
16    attendance by first grade pupils. Only the first year of
17    attendance in one kindergarten shall be counted, except in
18    case of children who entered the kindergarten in their
19    fifth year whose educational development requires a second
20    year of kindergarten as determined under the rules and
21    regulations of the State Board of Education.
22        (i) On the days when the Prairie State Achievement
23    Examination is administered under subsection (c) of
24    Section 2-3.64 of this Code, the day of attendance for a
25    pupil whose school day must be shortened to accommodate
26    required testing procedures may be less than 5 clock hours

 

 

HB3501- 92 -LRB097 08883 HLH 49013 b

1    and shall be counted towards the 176 days of actual pupil
2    attendance required under Section 10-19 of this Code,
3    provided that a sufficient number of minutes of school work
4    in excess of 5 clock hours are first completed on other
5    school days to compensate for the loss of school work on
6    the examination days.
 
7(G) Equalized Assessed Valuation Data.
8    (1) For purposes of the calculation of Available Local
9Resources required pursuant to subsection (D), the State Board
10of Education shall secure from the Department of Revenue the
11value as equalized or assessed by the Department of Revenue of
12all taxable property of every school district, together with
13(i) the applicable tax rate used in extending taxes for the
14funds of the district as of September 30 of the previous year
15and (ii) the limiting rate for all school districts subject to
16property tax extension limitations as imposed under the
17Property Tax Extension Limitation Law.
18    The Department of Revenue shall add to the equalized
19assessed value of all taxable property of each school district
20situated entirely or partially within a county that is or was
21subject to the provisions of Section 15-176 or 15-177 of the
22Property Tax Code (a) an amount equal to the total amount by
23which the homestead exemption allowed under Section 15-176 or
2415-177 of the Property Tax Code for real property situated in
25that school district exceeds the total amount that would have

 

 

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1been allowed in that school district if the maximum reduction
2under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
3all other counties in tax year 2003 or (ii) $5,000 in all
4counties in tax year 2004 and thereafter and (b) an amount
5equal to the aggregate amount for the taxable year of all
6additional exemptions under Section 15-175 of the Property Tax
7Code for owners with a household income of $30,000 or less. The
8county clerk of any county that is or was subject to the
9provisions of Section 15-176 or 15-177 of the Property Tax Code
10shall annually calculate and certify to the Department of
11Revenue for each school district all homestead exemption
12amounts under Section 15-176 or 15-177 of the Property Tax Code
13and all amounts of additional exemptions under Section 15-175
14of the Property Tax Code for owners with a household income of
15$30,000 or less. It is the intent of this paragraph that if the
16general homestead exemption for a parcel of property is
17determined under Section 15-176 or 15-177 of the Property Tax
18Code rather than Section 15-175, then the calculation of
19Available Local Resources shall not be affected by the
20difference, if any, between the amount of the general homestead
21exemption allowed for that parcel of property under Section
2215-176 or 15-177 of the Property Tax Code and the amount that
23would have been allowed had the general homestead exemption for
24that parcel of property been determined under Section 15-175 of
25the Property Tax Code. It is further the intent of this
26paragraph that if additional exemptions are allowed under

 

 

HB3501- 94 -LRB097 08883 HLH 49013 b

1Section 15-175 of the Property Tax Code for owners with a
2household income of less than $30,000, then the calculation of
3Available Local Resources shall not be affected by the
4difference, if any, because of those additional exemptions.
5    This equalized assessed valuation, as adjusted further by
6the requirements of this subsection, shall be utilized in the
7calculation of Available Local Resources.
8    (2) The equalized assessed valuation in paragraph (1) shall
9be adjusted, as applicable, in the following manner:
10        (a) For the purposes of calculating State aid under
11    this Section, with respect to any part of a school district
12    within a redevelopment project area in respect to which a
13    municipality has adopted tax increment allocation
14    financing pursuant to the Tax Increment Allocation
15    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
16    of the Illinois Municipal Code or the Industrial Jobs
17    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
18    Illinois Municipal Code, no part of the current equalized
19    assessed valuation of real property located in any such
20    project area which is attributable to an increase above the
21    total initial equalized assessed valuation of such
22    property shall be used as part of the equalized assessed
23    valuation of the district, until such time as all
24    redevelopment project costs have been paid, as provided in
25    Section 11-74.4-8 of the Tax Increment Allocation
26    Redevelopment Act or in Section 11-74.6-35 of the

 

 

HB3501- 95 -LRB097 08883 HLH 49013 b

1    Industrial Jobs Recovery Law. For the purpose of the
2    equalized assessed valuation of the district, the total
3    initial equalized assessed valuation or the current
4    equalized assessed valuation, whichever is lower, shall be
5    used until such time as all redevelopment project costs
6    have been paid.
7        (b) The real property equalized assessed valuation for
8    a school district shall be adjusted by subtracting from the
9    real property value as equalized or assessed by the
10    Department of Revenue for the district an amount computed
11    by dividing the amount of any abatement of taxes under
12    Section 18-170 of the Property Tax Code by 3.00% for a
13    district maintaining grades kindergarten through 12, by
14    2.30% for a district maintaining grades kindergarten
15    through 8, or by 1.05% for a district maintaining grades 9
16    through 12 and adjusted by an amount computed by dividing
17    the amount of any abatement of taxes under subsection (a)
18    of Section 18-165 of the Property Tax Code by the same
19    percentage rates for district type as specified in this
20    subparagraph (b).
21    (3) For the 1999-2000 school year and each school year
22thereafter, if a school district meets all of the criteria of
23this subsection (G)(3), the school district's Available Local
24Resources shall be calculated under subsection (D) using the
25district's Extension Limitation Equalized Assessed Valuation
26as calculated under this subsection (G)(3).

 

 

HB3501- 96 -LRB097 08883 HLH 49013 b

1    For purposes of this subsection (G)(3) the following terms
2shall have the following meanings:
3        "Budget Year": The school year for which general State
4    aid is calculated and awarded under subsection (E).
5        "Base Tax Year": The property tax levy year used to
6    calculate the Budget Year allocation of general State aid.
7        "Preceding Tax Year": The property tax levy year
8    immediately preceding the Base Tax Year.
9        "Base Tax Year's Tax Extension": The product of the
10    equalized assessed valuation utilized by the County Clerk
11    in the Base Tax Year multiplied by the limiting rate as
12    calculated by the County Clerk and defined in the Property
13    Tax Extension Limitation Law.
14        "Preceding Tax Year's Tax Extension": The product of
15    the equalized assessed valuation utilized by the County
16    Clerk in the Preceding Tax Year multiplied by the Operating
17    Tax Rate as defined in subsection (A).
18        "Extension Limitation Ratio": A numerical ratio,
19    certified by the County Clerk, in which the numerator is
20    the Base Tax Year's Tax Extension and the denominator is
21    the Preceding Tax Year's Tax Extension.
22        "Operating Tax Rate": The operating tax rate as defined
23    in subsection (A).
24    If a school district is subject to property tax extension
25limitations as imposed under the Property Tax Extension
26Limitation Law, the State Board of Education shall calculate

 

 

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1the Extension Limitation Equalized Assessed Valuation of that
2district. For the 1999-2000 school year, the Extension
3Limitation Equalized Assessed Valuation of a school district as
4calculated by the State Board of Education shall be equal to
5the product of the district's 1996 Equalized Assessed Valuation
6and the district's Extension Limitation Ratio. Except as
7otherwise provided in this paragraph for a school district that
8has approved or does approve an increase in its limiting rate,
9for the 2000-2001 school year and each school year thereafter,
10the Extension Limitation Equalized Assessed Valuation of a
11school district as calculated by the State Board of Education
12shall be equal to the product of the Equalized Assessed
13Valuation last used in the calculation of general State aid and
14the district's Extension Limitation Ratio. If the Extension
15Limitation Equalized Assessed Valuation of a school district as
16calculated under this subsection (G)(3) is less than the
17district's equalized assessed valuation as calculated pursuant
18to subsections (G)(1) and (G)(2), then for purposes of
19calculating the district's general State aid for the Budget
20Year pursuant to subsection (E), that Extension Limitation
21Equalized Assessed Valuation shall be utilized to calculate the
22district's Available Local Resources under subsection (D). For
23the 2009-2010 school year and each school year thereafter, if a
24school district has approved or does approve an increase in its
25limiting rate, pursuant to Section 18-190 of the Property Tax
26Code, affecting the Base Tax Year, the Extension Limitation

 

 

HB3501- 98 -LRB097 08883 HLH 49013 b

1Equalized Assessed Valuation of the school district, as
2calculated by the State Board of Education, shall be equal to
3the product of the Equalized Assessed Valuation last used in
4the calculation of general State aid times an amount equal to
5one plus the percentage increase, if any, in the Consumer Price
6Index for all Urban Consumers for all items published by the
7United States Department of Labor for the 12-month calendar
8year preceding the Base Tax Year, plus the Equalized Assessed
9Valuation of new property, annexed property, and recovered tax
10increment value and minus the Equalized Assessed Valuation of
11disconnected property. New property and recovered tax
12increment value shall have the meanings set forth in the
13Property Tax Extension Limitation Law.
14    Partial elementary unit districts created in accordance
15with Article 11E of this Code shall not be eligible for the
16adjustment in this subsection (G)(3) until the fifth year
17following the effective date of the reorganization.
18    (3.5) For the 2010-2011 school year and each school year
19thereafter, if a school district's boundaries span multiple
20counties, then the Department of Revenue shall send to the
21State Board of Education, for the purpose of calculating
22general State aid, the limiting rate and individual rates by
23purpose for the county that contains the majority of the school
24district's Equalized Assessed Valuation.
25    (4) For the purposes of calculating general State aid for
26the 1999-2000 school year only, if a school district

 

 

HB3501- 99 -LRB097 08883 HLH 49013 b

1experienced a triennial reassessment on the equalized assessed
2valuation used in calculating its general State financial aid
3apportionment for the 1998-1999 school year, the State Board of
4Education shall calculate the Extension Limitation Equalized
5Assessed Valuation that would have been used to calculate the
6district's 1998-1999 general State aid. This amount shall equal
7the product of the equalized assessed valuation used to
8calculate general State aid for the 1997-1998 school year and
9the district's Extension Limitation Ratio. If the Extension
10Limitation Equalized Assessed Valuation of the school district
11as calculated under this paragraph (4) is less than the
12district's equalized assessed valuation utilized in
13calculating the district's 1998-1999 general State aid
14allocation, then for purposes of calculating the district's
15general State aid pursuant to paragraph (5) of subsection (E),
16that Extension Limitation Equalized Assessed Valuation shall
17be utilized to calculate the district's Available Local
18Resources.
19    (5) For school districts having a majority of their
20equalized assessed valuation in any county except Cook, DuPage,
21Kane, Lake, McHenry, or Will, if the amount of general State
22aid allocated to the school district for the 1999-2000 school
23year under the provisions of subsection (E), (H), and (J) of
24this Section is less than the amount of general State aid
25allocated to the district for the 1998-1999 school year under
26these subsections, then the general State aid of the district

 

 

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1for the 1999-2000 school year only shall be increased by the
2difference between these amounts. The total payments made under
3this paragraph (5) shall not exceed $14,000,000. Claims shall
4be prorated if they exceed $14,000,000.
 
5(H) Supplemental General State Aid.
6    (1) In addition to the general State aid a school district
7is allotted pursuant to subsection (E), qualifying school
8districts shall receive a grant, paid in conjunction with a
9district's payments of general State aid, for supplemental
10general State aid based upon the concentration level of
11children from low-income households within the school
12district. Supplemental State aid grants provided for school
13districts under this subsection shall be appropriated for
14distribution to school districts as part of the same line item
15in which the general State financial aid of school districts is
16appropriated under this Section.
17    (1.5) This paragraph (1.5) applies only to those school
18years preceding the 2003-2004 school year. For purposes of this
19subsection (H), the term "Low-Income Concentration Level"
20shall be the low-income eligible pupil count from the most
21recently available federal census divided by the Average Daily
22Attendance of the school district. If, however, (i) the
23percentage decrease from the 2 most recent federal censuses in
24the low-income eligible pupil count of a high school district
25with fewer than 400 students exceeds by 75% or more the

 

 

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1percentage change in the total low-income eligible pupil count
2of contiguous elementary school districts, whose boundaries
3are coterminous with the high school district, or (ii) a high
4school district within 2 counties and serving 5 elementary
5school districts, whose boundaries are coterminous with the
6high school district, has a percentage decrease from the 2 most
7recent federal censuses in the low-income eligible pupil count
8and there is a percentage increase in the total low-income
9eligible pupil count of a majority of the elementary school
10districts in excess of 50% from the 2 most recent federal
11censuses, then the high school district's low-income eligible
12pupil count from the earlier federal census shall be the number
13used as the low-income eligible pupil count for the high school
14district, for purposes of this subsection (H). The changes made
15to this paragraph (1) by Public Act 92-28 shall apply to
16supplemental general State aid grants for school years
17preceding the 2003-2004 school year that are paid in fiscal
18year 1999 or thereafter and to any State aid payments made in
19fiscal year 1994 through fiscal year 1998 pursuant to
20subsection 1(n) of Section 18-8 of this Code (which was
21repealed on July 1, 1998), and any high school district that is
22affected by Public Act 92-28 is entitled to a recomputation of
23its supplemental general State aid grant or State aid paid in
24any of those fiscal years. This recomputation shall not be
25affected by any other funding.
26    (1.10) This paragraph (1.10) applies to the 2003-2004

 

 

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1school year and each school year thereafter. For purposes of
2this subsection (H), the term "Low-Income Concentration Level"
3shall, for each fiscal year, be the low-income eligible pupil
4count as of July 1 of the immediately preceding fiscal year (as
5determined by the Department of Human Services based on the
6number of pupils who are eligible for at least one of the
7following low income programs: Medicaid, the Children's Health
8Insurance Program, TANF, or Food Stamps, excluding pupils who
9are eligible for services provided by the Department of
10Children and Family Services, averaged over the 2 immediately
11preceding fiscal years for fiscal year 2004 and over the 3
12immediately preceding fiscal years for each fiscal year
13thereafter) divided by the Average Daily Attendance of the
14school district.
15    (2) Supplemental general State aid pursuant to this
16subsection (H) shall be provided as follows for the 1998-1999,
171999-2000, and 2000-2001 school years only:
18        (a) For any school district with a Low Income
19    Concentration Level of at least 20% and less than 35%, the
20    grant for any school year shall be $800 multiplied by the
21    low income eligible pupil count.
22        (b) For any school district with a Low Income
23    Concentration Level of at least 35% and less than 50%, the
24    grant for the 1998-1999 school year shall be $1,100
25    multiplied by the low income eligible pupil count.
26        (c) For any school district with a Low Income

 

 

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1    Concentration Level of at least 50% and less than 60%, the
2    grant for the 1998-99 school year shall be $1,500
3    multiplied by the low income eligible pupil count.
4        (d) For any school district with a Low Income
5    Concentration Level of 60% or more, the grant for the
6    1998-99 school year shall be $1,900 multiplied by the low
7    income eligible pupil count.
8        (e) For the 1999-2000 school year, the per pupil amount
9    specified in subparagraphs (b), (c), and (d) immediately
10    above shall be increased to $1,243, $1,600, and $2,000,
11    respectively.
12        (f) For the 2000-2001 school year, the per pupil
13    amounts specified in subparagraphs (b), (c), and (d)
14    immediately above shall be $1,273, $1,640, and $2,050,
15    respectively.
16    (2.5) Supplemental general State aid pursuant to this
17subsection (H) shall be provided as follows for the 2002-2003
18school year:
19        (a) For any school district with a Low Income
20    Concentration Level of less than 10%, the grant for each
21    school year shall be $355 multiplied by the low income
22    eligible pupil count.
23        (b) For any school district with a Low Income
24    Concentration Level of at least 10% and less than 20%, the
25    grant for each school year shall be $675 multiplied by the
26    low income eligible pupil count.

 

 

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1        (c) For any school district with a Low Income
2    Concentration Level of at least 20% and less than 35%, the
3    grant for each school year shall be $1,330 multiplied by
4    the low income eligible pupil count.
5        (d) For any school district with a Low Income
6    Concentration Level of at least 35% and less than 50%, the
7    grant for each school year shall be $1,362 multiplied by
8    the low income eligible pupil count.
9        (e) For any school district with a Low Income
10    Concentration Level of at least 50% and less than 60%, the
11    grant for each school year shall be $1,680 multiplied by
12    the low income eligible pupil count.
13        (f) For any school district with a Low Income
14    Concentration Level of 60% or more, the grant for each
15    school year shall be $2,080 multiplied by the low income
16    eligible pupil count.
17    (2.10) Except as otherwise provided, supplemental general
18State aid pursuant to this subsection (H) shall be provided as
19follows for the 2003-2004 school year and each school year
20thereafter:
21        (a) For any school district with a Low Income
22    Concentration Level of 15% or less, the grant for each
23    school year shall be $355 multiplied by the low income
24    eligible pupil count.
25        (b) For any school district with a Low Income
26    Concentration Level greater than 15%, the grant for each

 

 

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1    school year shall be $294.25 added to the product of $2,700
2    and the square of the Low Income Concentration Level, all
3    multiplied by the low income eligible pupil count.
4    For the 2003-2004 school year and each school year
5thereafter through the 2008-2009 school year only, the grant
6shall be no less than the grant for the 2002-2003 school year.
7For the 2009-2010 school year only, the grant shall be no less
8than the grant for the 2002-2003 school year multiplied by
90.66. For the 2010-2011 school year only, the grant shall be no
10less than the grant for the 2002-2003 school year multiplied by
110.33. Notwithstanding the provisions of this paragraph to the
12contrary, if for any school year supplemental general State aid
13grants are prorated as provided in paragraph (1) of this
14subsection (H), then the grants under this paragraph shall be
15prorated.
16    For the 2003-2004 school year only, the grant shall be no
17greater than the grant received during the 2002-2003 school
18year added to the product of 0.25 multiplied by the difference
19between the grant amount calculated under subsection (a) or (b)
20of this paragraph (2.10), whichever is applicable, and the
21grant received during the 2002-2003 school year. For the
222004-2005 school year only, the grant shall be no greater than
23the grant received during the 2002-2003 school year added to
24the product of 0.50 multiplied by the difference between the
25grant amount calculated under subsection (a) or (b) of this
26paragraph (2.10), whichever is applicable, and the grant

 

 

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1received during the 2002-2003 school year. For the 2005-2006
2school year only, the grant shall be no greater than the grant
3received during the 2002-2003 school year added to the product
4of 0.75 multiplied by the difference between the grant amount
5calculated under subsection (a) or (b) of this paragraph
6(2.10), whichever is applicable, and the grant received during
7the 2002-2003 school year.
8    (3) School districts with an Average Daily Attendance of
9more than 1,000 and less than 50,000 that qualify for
10supplemental general State aid pursuant to this subsection
11shall submit a plan to the State Board of Education prior to
12October 30 of each year for the use of the funds resulting from
13this grant of supplemental general State aid for the
14improvement of instruction in which priority is given to
15meeting the education needs of disadvantaged children. Such
16plan shall be submitted in accordance with rules and
17regulations promulgated by the State Board of Education.
18    (4) School districts with an Average Daily Attendance of
1950,000 or more that qualify for supplemental general State aid
20pursuant to this subsection shall be required to distribute
21from funds available pursuant to this Section, no less than
22$261,000,000 in accordance with the following requirements:
23        (a) The required amounts shall be distributed to the
24    attendance centers within the district in proportion to the
25    number of pupils enrolled at each attendance center who are
26    eligible to receive free or reduced-price lunches or

 

 

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1    breakfasts under the federal Child Nutrition Act of 1966
2    and under the National School Lunch Act during the
3    immediately preceding school year.
4        (b) The distribution of these portions of supplemental
5    and general State aid among attendance centers according to
6    these requirements shall not be compensated for or
7    contravened by adjustments of the total of other funds
8    appropriated to any attendance centers, and the Board of
9    Education shall utilize funding from one or several sources
10    in order to fully implement this provision annually prior
11    to the opening of school.
12        (c) Each attendance center shall be provided by the
13    school district a distribution of noncategorical funds and
14    other categorical funds to which an attendance center is
15    entitled under law in order that the general State aid and
16    supplemental general State aid provided by application of
17    this subsection supplements rather than supplants the
18    noncategorical funds and other categorical funds provided
19    by the school district to the attendance centers.
20        (d) Any funds made available under this subsection that
21    by reason of the provisions of this subsection are not
22    required to be allocated and provided to attendance centers
23    may be used and appropriated by the board of the district
24    for any lawful school purpose.
25        (e) Funds received by an attendance center pursuant to
26    this subsection shall be used by the attendance center at

 

 

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1    the discretion of the principal and local school council
2    for programs to improve educational opportunities at
3    qualifying schools through the following programs and
4    services: early childhood education, reduced class size or
5    improved adult to student classroom ratio, enrichment
6    programs, remedial assistance, attendance improvement, and
7    other educationally beneficial expenditures which
8    supplement the regular and basic programs as determined by
9    the State Board of Education. Funds provided shall not be
10    expended for any political or lobbying purposes as defined
11    by board rule.
12        (f) Each district subject to the provisions of this
13    subdivision (H)(4) shall submit an acceptable plan to meet
14    the educational needs of disadvantaged children, in
15    compliance with the requirements of this paragraph, to the
16    State Board of Education prior to July 15 of each year.
17    This plan shall be consistent with the decisions of local
18    school councils concerning the school expenditure plans
19    developed in accordance with part 4 of Section 34-2.3. The
20    State Board shall approve or reject the plan within 60 days
21    after its submission. If the plan is rejected, the district
22    shall give written notice of intent to modify the plan
23    within 15 days of the notification of rejection and then
24    submit a modified plan within 30 days after the date of the
25    written notice of intent to modify. Districts may amend
26    approved plans pursuant to rules promulgated by the State

 

 

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1    Board of Education.
2        Upon notification by the State Board of Education that
3    the district has not submitted a plan prior to July 15 or a
4    modified plan within the time period specified herein, the
5    State aid funds affected by that plan or modified plan
6    shall be withheld by the State Board of Education until a
7    plan or modified plan is submitted.
8        If the district fails to distribute State aid to
9    attendance centers in accordance with an approved plan, the
10    plan for the following year shall allocate funds, in
11    addition to the funds otherwise required by this
12    subsection, to those attendance centers which were
13    underfunded during the previous year in amounts equal to
14    such underfunding.
15        For purposes of determining compliance with this
16    subsection in relation to the requirements of attendance
17    center funding, each district subject to the provisions of
18    this subsection shall submit as a separate document by
19    December 1 of each year a report of expenditure data for
20    the prior year in addition to any modification of its
21    current plan. If it is determined that there has been a
22    failure to comply with the expenditure provisions of this
23    subsection regarding contravention or supplanting, the
24    State Superintendent of Education shall, within 60 days of
25    receipt of the report, notify the district and any affected
26    local school council. The district shall within 45 days of

 

 

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1    receipt of that notification inform the State
2    Superintendent of Education of the remedial or corrective
3    action to be taken, whether by amendment of the current
4    plan, if feasible, or by adjustment in the plan for the
5    following year. Failure to provide the expenditure report
6    or the notification of remedial or corrective action in a
7    timely manner shall result in a withholding of the affected
8    funds.
9        The State Board of Education shall promulgate rules and
10    regulations to implement the provisions of this
11    subsection. No funds shall be released under this
12    subdivision (H)(4) to any district that has not submitted a
13    plan that has been approved by the State Board of
14    Education.
 
15(I) (Blank).
 
16(J) Supplementary Grants in Aid.
17    (1) Notwithstanding any other provisions of this Section,
18the amount of the aggregate general State aid in combination
19with supplemental general State aid under this Section for
20which each school district is eligible shall be no less than
21the amount of the aggregate general State aid entitlement that
22was received by the district under Section 18-8 (exclusive of
23amounts received under subsections 5(p) and 5(p-5) of that
24Section) for the 1997-98 school year, pursuant to the

 

 

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1provisions of that Section as it was then in effect. If a
2school district qualifies to receive a supplementary payment
3made under this subsection (J), the amount of the aggregate
4general State aid in combination with supplemental general
5State aid under this Section which that district is eligible to
6receive for each school year shall be no less than the amount
7of the aggregate general State aid entitlement that was
8received by the district under Section 18-8 (exclusive of
9amounts received under subsections 5(p) and 5(p-5) of that
10Section) for the 1997-1998 school year, pursuant to the
11provisions of that Section as it was then in effect.
12    (2) If, as provided in paragraph (1) of this subsection
13(J), a school district is to receive aggregate general State
14aid in combination with supplemental general State aid under
15this Section for the 1998-99 school year and any subsequent
16school year that in any such school year is less than the
17amount of the aggregate general State aid entitlement that the
18district received for the 1997-98 school year, the school
19district shall also receive, from a separate appropriation made
20for purposes of this subsection (J), a supplementary payment
21that is equal to the amount of the difference in the aggregate
22State aid figures as described in paragraph (1).
23    (3) (Blank).
 
24(K) Grants to Laboratory and Alternative Schools.
25    In calculating the amount to be paid to the governing board

 

 

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1of a public university that operates a laboratory school under
2this Section or to any alternative school that is operated by a
3regional superintendent of schools, the State Board of
4Education shall require by rule such reporting requirements as
5it deems necessary.
6    As used in this Section, "laboratory school" means a public
7school which is created and operated by a public university and
8approved by the State Board of Education. The governing board
9of a public university which receives funds from the State
10Board under this subsection (K) may not increase the number of
11students enrolled in its laboratory school from a single
12district, if that district is already sending 50 or more
13students, except under a mutual agreement between the school
14board of a student's district of residence and the university
15which operates the laboratory school. A laboratory school may
16not have more than 1,000 students, excluding students with
17disabilities in a special education program.
18    As used in this Section, "alternative school" means a
19public school which is created and operated by a Regional
20Superintendent of Schools and approved by the State Board of
21Education. Such alternative schools may offer courses of
22instruction for which credit is given in regular school
23programs, courses to prepare students for the high school
24equivalency testing program or vocational and occupational
25training. A regional superintendent of schools may contract
26with a school district or a public community college district

 

 

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1to operate an alternative school. An alternative school serving
2more than one educational service region may be established by
3the regional superintendents of schools of the affected
4educational service regions. An alternative school serving
5more than one educational service region may be operated under
6such terms as the regional superintendents of schools of those
7educational service regions may agree.
8    Each laboratory and alternative school shall file, on forms
9provided by the State Superintendent of Education, an annual
10State aid claim which states the Average Daily Attendance of
11the school's students by month. The best 3 months' Average
12Daily Attendance shall be computed for each school. The general
13State aid entitlement shall be computed by multiplying the
14applicable Average Daily Attendance by the Foundation Level as
15determined under this Section.
 
16(L) Payments, Additional Grants in Aid and Other Requirements.
17    (1) For a school district operating under the financial
18supervision of an Authority created under Article 34A, the
19general State aid otherwise payable to that district under this
20Section, but not the supplemental general State aid, shall be
21reduced by an amount equal to the budget for the operations of
22the Authority as certified by the Authority to the State Board
23of Education, and an amount equal to such reduction shall be
24paid to the Authority created for such district for its
25operating expenses in the manner provided in Section 18-11. The

 

 

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1remainder of general State school aid for any such district
2shall be paid in accordance with Article 34A when that Article
3provides for a disposition other than that provided by this
4Article.
5    (2) (Blank).
6    (3) Summer school. Summer school payments shall be made as
7provided in Section 18-4.3.
 
8(M) Education Funding Advisory Board.
9    The Education Funding Advisory Board, hereinafter in this
10subsection (M) referred to as the "Board", is hereby created.
11The Board shall consist of 5 members who are appointed by the
12Governor, by and with the advice and consent of the Senate. The
13members appointed shall include representatives of education,
14business, and the general public. One of the members so
15appointed shall be designated by the Governor at the time the
16appointment is made as the chairperson of the Board. The
17initial members of the Board may be appointed any time after
18the effective date of this amendatory Act of 1997. The regular
19term of each member of the Board shall be for 4 years from the
20third Monday of January of the year in which the term of the
21member's appointment is to commence, except that of the 5
22initial members appointed to serve on the Board, the member who
23is appointed as the chairperson shall serve for a term that
24commences on the date of his or her appointment and expires on
25the third Monday of January, 2002, and the remaining 4 members,

 

 

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1by lots drawn at the first meeting of the Board that is held
2after all 5 members are appointed, shall determine 2 of their
3number to serve for terms that commence on the date of their
4respective appointments and expire on the third Monday of
5January, 2001, and 2 of their number to serve for terms that
6commence on the date of their respective appointments and
7expire on the third Monday of January, 2000. All members
8appointed to serve on the Board shall serve until their
9respective successors are appointed and confirmed. Vacancies
10shall be filled in the same manner as original appointments. If
11a vacancy in membership occurs at a time when the Senate is not
12in session, the Governor shall make a temporary appointment
13until the next meeting of the Senate, when he or she shall
14appoint, by and with the advice and consent of the Senate, a
15person to fill that membership for the unexpired term. If the
16Senate is not in session when the initial appointments are
17made, those appointments shall be made as in the case of
18vacancies.
19    The Education Funding Advisory Board shall be deemed
20established, and the initial members appointed by the Governor
21to serve as members of the Board shall take office, on the date
22that the Governor makes his or her appointment of the fifth
23initial member of the Board, whether those initial members are
24then serving pursuant to appointment and confirmation or
25pursuant to temporary appointments that are made by the
26Governor as in the case of vacancies.

 

 

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1    The State Board of Education shall provide such staff
2assistance to the Education Funding Advisory Board as is
3reasonably required for the proper performance by the Board of
4its responsibilities.
5    For school years after the 2000-2001 school year, the
6Education Funding Advisory Board, in consultation with the
7State Board of Education, shall make recommendations as
8provided in this subsection (M) to the General Assembly for the
9foundation level under subsection (B) subdivision (B)(3) of
10this Section and for the supplemental general State aid grant
11level under subsection (H) of this Section for districts with
12high concentrations of children from poverty. The recommended
13foundation level shall be determined based on a methodology
14which incorporates the basic education expenditures of
15low-spending schools exhibiting high academic performance. The
16Education Funding Advisory Board shall make such
17recommendations to the General Assembly on January 1 of odd
18numbered years, beginning January 1, 2001.
 
19(N) (Blank).
 
20(O) References.
21    (1) References in other laws to the various subdivisions of
22Section 18-8 as that Section existed before its repeal and
23replacement by this Section 18-8.05 shall be deemed to refer to
24the corresponding provisions of this Section 18-8.05, to the

 

 

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1extent that those references remain applicable.
2    (2) References in other laws to State Chapter 1 funds shall
3be deemed to refer to the supplemental general State aid
4provided under subsection (H) of this Section.
 
5(P) Public Act 93-838 and Public Act 93-808 make inconsistent
6changes to this Section. Under Section 6 of the Statute on
7Statutes there is an irreconcilable conflict between Public Act
893-808 and Public Act 93-838. Public Act 93-838, being the last
9acted upon, is controlling. The text of Public Act 93-838 is
10the law regardless of the text of Public Act 93-808.
11(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
1295-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
138-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
148-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; 96-959,
15eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. 11-18-10;
16revised 11-24-10.)
 
17    (105 ILCS 5/19-3)  (from Ch. 122, par. 19-3)
18    Sec. 19-3. Boards of education. Any school district
19governed by a board of education and having a population of not
20more than 500,000 inhabitants, and not governed by a special
21Act may borrow money for the purpose of building, equipping,
22altering or repairing school buildings or purchasing or
23improving school sites, or acquiring and equipping
24playgrounds, recreation grounds, athletic fields, and other

 

 

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1buildings or land used or useful for school purposes or for the
2purpose of purchasing a site, with or without a building or
3buildings thereon, or for the building of a house or houses on
4such site, or for the building of a house or houses on the
5school site of the school district, for residential purposes of
6the superintendent, principal, or teachers of the school
7district, and issue its negotiable coupon bonds therefor signed
8by the president and secretary of the board, in denominations
9of not less than $100 nor more than $5,000, payable at such
10place and at such time or times, not exceeding 20 years, with
11the exception of Lockport High School not exceeding 25 years,
12from date of issuance, as the board of education may prescribe,
13and bearing interest at a rate not to exceed the maximum rate
14authorized by the Bond Authorization Act, as amended at the
15time of the making of the contract, payable annually,
16semiannually or quarterly, but, with the exception of those
17bonds described in Section 17-2.11d of this Code, no such bonds
18shall be issued unless the proposition to issue them is
19submitted to the voters of the district at a referendum held at
20a regularly scheduled election after the board has certified
21the proposition to the proper election authorities in
22accordance with the general election law, a majority of all the
23votes cast on the proposition is in favor of the proposition,
24and notice of such bond referendum has been given either (i) in
25accordance with the second paragraph of Section 12-1 of the
26Election Code irrespective of whether such notice included any

 

 

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1reference to the public question as it appeared on the ballot,
2or (ii) for an election held on or after November 1, 1998, in
3accordance with Section 12-5 of the Election Code, or (iii) by
4publication of a true and legible copy of the specimen ballot
5label containing the proposition in the form in which it
6appeared or will appear on the official ballot label on the day
7of the election at least 5 days before the day of the election
8in at least one newspaper published in and having a general
9circulation in the district, irrespective of any other
10requirements of Article 12 or Section 24A-18 of the Election
11Code, nor shall any residential site be acquired unless such
12proposition to acquire a site is submitted to the voters of the
13district at a referendum held at a regularly scheduled election
14after the board has certified the proposition to the proper
15election authorities in accordance with the general election
16law and a majority of all the votes cast on the proposition is
17in favor of the proposition. Nothing in this Act or in any
18other law shall be construed to require the notice of the bond
19referendum to be published over the name or title of the
20election authority or the listing of maturity dates of any
21bonds either in the notice of bond election or ballot used in
22the bond election. The provisions of this Section concerning
23notice of the bond referendum apply only to (i) consolidated
24primary elections held prior to January 1, 2002 and the
25consolidated election held on April 17, 2007 at which not less
26than 60% of the voters voting on the bond proposition voted in

 

 

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1favor of the bond proposition, and (ii) other elections held
2before July 1, 1999; otherwise, notices required in connection
3with the submission of public questions shall be as set forth
4in Section 12-5 of the Election Code. Such proposition may be
5initiated by resolution of the school board.
6    With respect to instruments for the payment of money issued
7under this Section either before, on, or after the effective
8date of this amendatory Act of 1989, it is and always has been
9the intention of the General Assembly (i) that the Omnibus Bond
10Acts are and always have been supplementary grants of power to
11issue instruments in accordance with the Omnibus Bond Acts,
12regardless of any provision of this Act that may appear to be
13or to have been more restrictive than those Acts, (ii) that the
14provisions of this Section are not a limitation on the
15supplementary authority granted by the Omnibus Bond Acts, and
16(iii) that instruments issued under this Section within the
17supplementary authority granted by the Omnibus Bond Acts are
18not invalid because of any provision of this Act that may
19appear to be or to have been more restrictive than those Acts.
20    The proceeds of any bonds issued under authority of this
21Section shall be deposited and accounted for separately within
22the Site and Construction/Capital Improvements Fund.
23(Source: P.A. 95-30, eff. 8-7-07; 96-787, eff. 8-28-09.)
 
24    (105 ILCS 5/21A-3 new)
25    Sec. 21A-3. Goals. The New Teacher Induction and Mentoring

 

 

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1Program under this Article shall accomplish the following
2goals:
3        (1) provide an effective transition into the teaching
4    career for first year and second-year teachers in Illinois;
5        (2) improve the educational performance of pupils
6    through improved training, information, and assistance for
7    new teachers;
8        (3) ensure professional success and retention of new
9    teachers;
10        (4) ensure that mentors provide intensive
11    individualized support and assistance to each
12    participating beginning teacher;
13        (5) ensure that an individual induction plan is in
14    place for each beginning teacher and is based on an ongoing
15    assessment of the development of the beginning teacher; and
16        (6) ensure continuous program improvement through
17    ongoing research, development and evaluation.
 
18    (105 ILCS 5/21A-5)
19    Sec. 21A-5. Definitions. In this Article:
20    "New teacher" or "beginning teacher" means the holder of an
21Initial Teaching Certificate, as set forth in Section 21-2 of
22this Code, an Alternative Teaching Certificate, or a
23Transitional Bilingual Teaching Certificate, who is employed
24by a public school and who has not previously participated in a
25new teacher induction and mentoring program required by this

 

 

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1Article, except as provided in Section 21A-25 of this Code.
2    "Public school" means any school operating pursuant to the
3authority of this Code, including without limitation a school
4district, a charter school, a cooperative or joint agreement
5with a governing body or board of control, and a school
6operated by a regional office of education or State agency.
7(Source: P.A. 93-355, eff. 1-1-04.)
 
8    (105 ILCS 5/21A-10)
9    Sec. 21A-10. Development of program required. Prior to the
102013-2014 During the 2003-2004 school year, each public school
11or 2 or more public schools acting jointly shall develop, in
12conjunction with its exclusive representative or their
13exclusive representatives, if any, a new teacher induction and
14mentoring program that meets the requirements set forth in
15Section 21A-20 of this Code to assist new teachers in
16developing the skills and strategies necessary for
17instructional excellence, provided that funding is made
18available by the State Board of Education from an appropriation
19made for this purpose. A public school that has an existing
20induction and mentoring program that does not meet the
21requirements set forth in Section 21A-20 of this Code may have
22school years 2003-2004 and 2004-2005 to develop a program that
23does meet those requirements and may receive funding as
24described in Section 21A-25 of this Code, provided that the
25funding is made available by the State Board of Education from

 

 

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1an appropriation made for this purpose. A public school with
2such an existing induction and mentoring program may receive
3funding for the 2005-2006 school year for each new teacher in
4the second year of a 2-year program that does not meet the
5requirements set forth in Section 21A-20, as long as the public
6school has established the required new program by the
7beginning of that school year as described in Section 21A-15
8and provided that funding is made available by the State Board
9of Education from an appropriation made for this purpose as
10described in Section 21A-25.
11(Source: P.A. 93-355, eff. 1-1-04.)
 
12    (105 ILCS 5/21A-15)
13    Sec. 21A-15. When program is to be established and
14implemented. Notwithstanding any other provisions of this
15Code, by the beginning of the 2013-2013 2004-2005 school year
16(or by the beginning of the 2005-2006 school year for a public
17school that has been given an extension of time to develop a
18program under Section 21A-10 of this Code), each public school
19or 2 or more public schools acting jointly shall establish and
20implement, in conjunction with its exclusive representative or
21their exclusive representatives, if any, the new teacher
22induction and mentoring program required to be developed under
23Section 21A-10 of this Code, provided that funding is made
24available by the State Board of Education, from an
25appropriation made for this purpose, as described in Section

 

 

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121A-25 of this Code. A public school may contract with an
2institution of higher education or other independent party to
3assist in implementing the program.
4(Source: P.A. 93-355, eff. 1-1-04.)
 
5    (105 ILCS 5/21A-20)
6    Sec. 21A-20. Program requirements. Each new teacher
7induction and mentoring program must be based on a plan that at
8least does all of the following:
9        (1) Assigns a mentor teacher to each new teacher to
10    provide structured and intensive mentoring, as defined by
11    the State Board of Education, for a period of at least 2
12    school years.
13        (1.5) Ensures mentors are:
14            (A) carefully selected from experienced, exemplary
15        teachers using a clearly articulated, well-defined,
16        explicit criteria and open processes that may involve
17        key school partners;
18            (B) rigorously trained using best practices in the
19        field to ensure they are well prepared to assume their
20        responsibilities and are consistently supported in
21        their efforts to assist beginning teachers;
22            (C) provided with sufficient release time from
23        teaching to allow them to meet their responsibilities
24        as mentors, including regular contacts with their
25        beginning teachers and frequent observations of their

 

 

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1        teaching practice; and
2            (D) equipped and selected to provide
3        classroom-focused and content-focused support whenever
4        possible.
5        (2) Aligns with the Illinois Professional Teaching
6    Standards, content area standards, and applicable local
7    school improvement and professional development plans, if
8    any.
9        (3) (Blank). Addresses all of the following elements
10    and how they will be provided:
11            (A) Mentoring and support of the new teacher.
12            (B) Professional development specifically designed
13        to ensure the growth of the new teacher's knowledge and
14        skills.
15            (C) Formative assessment designed to ensure
16        feedback and reflection, which must not be used in any
17        evaluation of the new teacher.
18        (4) Describes the role of mentor teachers, the criteria
19    and process for their selection, and how they will be
20    trained, provided that each mentor teacher shall
21    demonstrate the best practices in teaching his or her
22    respective field of practice. A mentor teacher may not
23    directly or indirectly participate in the evaluation of a
24    new teacher pursuant to Article 24A of this Code or the
25    evaluation procedure of the public school, unless the
26    school district and exclusive bargaining representative of

 

 

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1    its teachers negotiate and agree to it as part of an
2    alternative evaluation plan under Section 24A-5 or 24A-8 of
3    this Code.
4        (5) Provides ongoing professional development for both
5    beginning teachers and mentors.
6            (A) Beginning teachers shall participate in an
7        ongoing, formal network of novice colleagues for the
8        purpose of professional learning, problem-solving, and
9        mutual support. These regular learning opportunities
10        shall begin with an orientation to the induction and
11        mentoring program prior to the start of the school year
12        and continue throughout the academic year. The group
13        shall address issues of pedagogy, classroom management
14        and content knowledge, beginning teachers' assessed
15        needs, and local instructional needs or priorities.
16            (B) Mentors shall participate in an ongoing
17        professional learning community that supports their
18        practice and their use of mentoring tools, protocols,
19        and formative assessment in order to tailor and deepen
20        mentoring skills and advance induction practices,
21        support program implementation, provide for mentor
22        accountability in a supportive environment, and
23        provide support to each mentor's emerging leadership.
24        (6) Provides for ongoing assessment of beginning
25    teacher practice. Beginning teachers shall be subject to a
26    system of formative assessment in which the novice and

 

 

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1    mentor collaboratively collect and analyze multiple
2    sources of data and reflect upon classroom practice in an
3    ongoing process. This assessment system shall be based on
4    the Illinois Professional Teaching Standards (IPTS), the
5    IPTS Continuum of Teacher Development, or a nationally
6    recognized teaching framework, as well as evidence of
7    teacher practice, including student work. The assessment
8    information shall be used to determine the scope, focus,
9    and content of professional development activities that
10    are the basis of the beginning teacher's individual
11    learning plan. The program shall provide time to ensure
12    that the quality of the process (such as observations, data
13    collection, and reflective conversations) is not
14    compromised.
15        (7) Identifies clear roles and responsibilities for
16    both administrators and site mentor leaders who are to work
17    collectively to ensure induction practices are integrated
18    into existing professional development initiatives and to
19    secure assignments and establish working conditions for
20    beginning teachers that maximize their chances for
21    success. Administrators and site mentor leaders must have
22    sufficient knowledge and experience to understand the
23    needs of beginning teachers and the role of principals in
24    supporting each component of the program. Site
25    administrators must take time to meet and communicate
26    concerns with beginning teachers and their mentors.

 

 

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1        (8) Provides for ongoing evaluation of the New Teacher
2    Induction and Mentoring Program pursuant to Section 21A-30
3    of this Code.
4(Source: P.A. 93-355, eff. 1-1-04.)
 
5    (105 ILCS 5/21A-25)
6    Sec. 21A-25. Funding. From a separate appropriation made
7for the purposes of this Article, for each new teacher
8participating in a new teacher induction and mentoring program
9that meets the requirements set forth in Section 21A-20 of this
10Code or in an existing program that is in the process of
11transition to a program that meets those requirements, the
12State Board of Education shall pay the public school $6,000
13$1,200 annually for each of 2 school years for the purpose of
14providing one or more of the following:
15        (1) Mentor teacher compensation.
16        (2) Mentor teacher training and other resources, or new
17    teacher training and other resources, or both.
18        (3) Release time, including costs associated with
19    replacing a mentor teacher or new teacher in his or her
20    regular classroom.
21        (4) Site-based program administration, not to exceed
22    10% of the total program cost.
23However, if a new teacher, after participating in the new
24teacher induction and mentoring program for one school year,
25becomes employed by another public school, the State Board of

 

 

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1Education shall pay the teacher's new school $6,000 $1,200 for
2the second school year and the teacher shall continue to be a
3new teacher as defined in this Article. Each public school
4shall determine, in conjunction with its exclusive
5representative, if any, how the $6,000 $1,200 per school year
6for each new teacher shall be used, provided that if a mentor
7teacher receives additional release time to support a new
8teacher, the total workload of other teachers regularly
9employed by the public school shall not increase in any
10substantial manner. If the appropriation is insufficient to
11cover the $6,000 $1,200 per school year for each new teacher,
12public schools are not required to develop or implement the
13program established by this Article. In the event of an
14insufficient appropriation, a public school or 2 or more
15schools acting jointly may submit an application for a grant
16administered by the State Board of Education and awarded on a
17competitive basis to establish a new teacher induction and
18mentoring program that meets the criteria set forth in Section
1921A-20 of this Code. The State Board of Education may retain up
20to $1,000,000 of the appropriation for new teacher induction
21and mentoring programs to train mentor teachers,
22administrators, and other personnel, to provide best practices
23information, and to conduct an evaluation of these programs'
24impact and effectiveness.
25(Source: P.A. 93-355, eff. 1-1-04.)
 

 

 

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1    (105 ILCS 5/21A-30)
2    Sec. 21A-30. Evaluation of programs. The State Board of
3Education and the State Teacher Certification Board shall
4jointly contract with an independent party to conduct a
5comprehensive evaluation of new teacher induction and
6mentoring programs established pursuant to this Article. The
7first report of this evaluation shall be presented to the
8General Assembly on or before January 1, 2015 2009. Subsequent
9evaluations shall be conducted and reports presented to the
10General Assembly on or before January 1 of every third year
11thereafter. Additionally, the State Board of Education shall
12prepare an annual program report for the General Assembly on or
13before December 31 each year. It shall summarize local program
14design, indicate the number of teachers served, and document
15rates of new teacher attrition and retention.
16(Source: P.A. 93-355, eff. 1-1-04.)
 
17    (105 ILCS 5/23-3)  (from Ch. 122, par. 23-3)
18    Sec. 23-3. Filing copy of constitution, by-laws and
19amendments. Within 30 days after the adoption by any such
20association of its constitution or by-laws or any amendment
21thereto, it shall file a copy thereof, certified by its
22president and executive director, with the Governor, the State
23Superintendent of Education, Public Instruction and the
24regional county superintendent of schools of each region county
25in which it has any membership.

 

 

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1(Source: Laws 1961, p. 31.)
 
2    (105 ILCS 5/23-5.5 new)
3    Sec. 23-5.5. Professional development and training. Any
4such association shall offer professional development and
5training to school board members on topics that include, but
6are not limited to, basics of school finance, financial
7oversight and accountability, labor law and collective
8bargaining, ethics, duties and responsibilities of a school
9board member, and board governance principles. Every school
10board member is expected to receive at least 4 hours of
11professional development and training per year.
 
12    (105 ILCS 5/23-6)  (from Ch. 122, par. 23-6)
13    Sec. 23-6. Annual report. Each association shall make an
14annual report within 60 days after the close of its fiscal year
15to the Governor, the State Board of Education and the regional
16superintendent of schools of each region in which it has
17members, setting forth the activities of the association for
18the preceding fiscal year, the institutes held, the subjects
19discussed, and the attendance, and shall furnish the Governor,
20the State Board of Education and such regional superintendents
21with copies of all publications sent to its members. The
22association shall include the board training topics offered and
23the number of school board members that availed themselves of
24professional development and training.

 

 

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1(Source: P.A. 81-1508.)
 
2    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
3    Sec. 29-5. Reimbursement by State for transportation. Any
4school district, maintaining a school, transporting resident
5pupils to another school district's vocational program,
6offered through a joint agreement approved by the State Board
7of Education, as provided in Section 10-22.22 or transporting
8its resident pupils to a school which meets the standards for
9recognition as established by the State Board of Education
10which provides transportation meeting the standards of safety,
11comfort, convenience, efficiency and operation prescribed by
12the State Board of Education for resident pupils in
13pre-kindergarten, kindergarten, or any of grades 1 through 12
14who: (a) reside at least 1 1/2 miles as measured by the
15customary route of travel, from the school attended; or (b)
16reside in areas where conditions are such that walking
17constitutes a hazard to the safety of the child when determined
18under Section 29-3; and (c) are transported to the school
19attended from pick-up points at the beginning of the school day
20and back again at the close of the school day or transported to
21and from their assigned attendance centers during the school
22day, shall be reimbursed by the State as hereinafter provided
23in this Section.
24    The State will pay the cost of transporting eligible pupils
25less the assessed valuation in a dual school district

 

 

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1maintaining secondary grades 9 to 12 inclusive times a
2qualifying rate of .05%; in elementary school districts
3maintaining any of grades pre-K K to 8 times a qualifying rate
4of .06%; and in unit districts maintaining any of grades pre-K
5K to 12, including optional elementary unit districts and
6combined high school - unit districts, times a qualifying rate
7of .07%; provided that for optional elementary unit districts
8and combined high school - unit districts, assessed valuation
9for high school purposes, as defined in Article 11E of this
10Code, must be used. To be eligible to receive reimbursement in
11excess of 4/5 of the cost to transport eligible pupils, a
12school district shall have a Transportation Fund tax rate of at
13least .12%. If a school district does not have a .12%
14Transportation Fund tax rate, the amount of its claim in excess
15of 4/5 of the cost of transporting pupils shall be reduced by
16the sum arrived at by subtracting the Transportation Fund tax
17rate from .12% and multiplying that amount by the districts
18equalized or assessed valuation, provided, that in no case
19shall said reduction result in reimbursement of less than 4/5
20of the cost to transport eligible pupils.
21    The minimum amount to be received by a district is $16
22times the number of eligible pupils transported.
23    When calculating the reimbursement for transportation
24costs, the State Board of Education may not deduct the number
25of pupils enrolled in early education programs from the number
26of pupils eligible for reimbursement if the pupils enrolled in

 

 

HB3501- 134 -LRB097 08883 HLH 49013 b

1the early education programs are transported at the same time
2as other eligible pupils.
3    Any such district transporting resident pupils during the
4school day to an area vocational school or another school
5district's vocational program more than 1 1/2 miles from the
6school attended, as provided in Sections 10-22.20a and
710-22.22, shall be reimbursed by the State for 4/5 of the cost
8of transporting eligible pupils.
9    School day means that period of time which the pupil is
10required to be in attendance for instructional purposes.
11    If a pupil is at a location within the school district
12other than his residence for child care purposes at the time
13for transportation to school, that location may be considered
14for purposes of determining the 1 1/2 miles from the school
15attended.
16    Claims for reimbursement that include children who attend
17any school other than a public school shall show the number of
18such children transported.
19    Claims for reimbursement under this Section shall not be
20paid for the transportation of pupils for whom transportation
21costs are claimed for payment under other Sections of this Act.
22    The allowable direct cost of transporting pupils for
23regular, vocational, and special education pupil
24transportation shall be limited to the sum of the cost of
25physical examinations required for employment as a school bus
26driver; the salaries of full or part-time drivers and school

 

 

HB3501- 135 -LRB097 08883 HLH 49013 b

1bus maintenance personnel; employee benefits excluding
2Illinois municipal retirement payments, social security
3payments, unemployment insurance payments and workers'
4compensation insurance premiums; expenditures to independent
5carriers who operate school buses; payments to other school
6districts for pupil transportation services; pre-approved
7contractual expenditures for computerized bus scheduling; the
8cost of gasoline, oil, tires, and other supplies necessary for
9the operation of school buses; the cost of converting buses'
10gasoline engines to more fuel efficient engines or to engines
11which use alternative energy sources; the cost of travel to
12meetings and workshops conducted by the regional
13superintendent or the State Superintendent of Education
14pursuant to the standards established by the Secretary of State
15under Section 6-106 of the Illinois Vehicle Code to improve the
16driving skills of school bus drivers; the cost of maintenance
17of school buses including parts and materials used;
18expenditures for leasing transportation vehicles, except
19interest and service charges; the cost of insurance and
20licenses for transportation vehicles; expenditures for the
21rental of transportation equipment; plus a depreciation
22allowance of 20% for 5 years for school buses and vehicles
23approved for transporting pupils to and from school and a
24depreciation allowance of 10% for 10 years for other
25transportation equipment so used. Each school year, if a school
26district has made expenditures to the Regional Transportation

 

 

HB3501- 136 -LRB097 08883 HLH 49013 b

1Authority or any of its service boards, a mass transit
2district, or an urban transportation district under an
3intergovernmental agreement with the district to provide for
4the transportation of pupils and if the public transit carrier
5received direct payment for services or passes from a school
6district within its service area during the 2000-2001 school
7year, then the allowable direct cost of transporting pupils for
8regular, vocational, and special education pupil
9transportation shall also include the expenditures that the
10district has made to the public transit carrier. In addition to
11the above allowable costs school districts shall also claim all
12transportation supervisory salary costs, including Illinois
13municipal retirement payments, and all transportation related
14building and building maintenance costs without limitation.
15    Special education allowable costs shall also include
16expenditures for the salaries of attendants or aides for that
17portion of the time they assist special education pupils while
18in transit and expenditures for parents and public carriers for
19transporting special education pupils when pre-approved by the
20State Superintendent of Education.
21    Indirect costs shall be included in the reimbursement claim
22for districts which own and operate their own school buses.
23Such indirect costs shall include administrative costs, or any
24costs attributable to transporting pupils from their
25attendance centers to another school building for
26instructional purposes. No school district which owns and

 

 

HB3501- 137 -LRB097 08883 HLH 49013 b

1operates its own school buses may claim reimbursement for
2indirect costs which exceed 5% of the total allowable direct
3costs for pupil transportation.
4    The State Board of Education shall prescribe uniform
5regulations for determining the above standards and shall
6prescribe forms of cost accounting and standards of determining
7reasonable depreciation. Such depreciation shall include the
8cost of equipping school buses with the safety features
9required by law or by the rules, regulations and standards
10promulgated by the State Board of Education, and the Department
11of Transportation for the safety and construction of school
12buses provided, however, any equipment cost reimbursed by the
13Department of Transportation for equipping school buses with
14such safety equipment shall be deducted from the allowable cost
15in the computation of reimbursement under this Section in the
16same percentage as the cost of the equipment is depreciated.
17    On or before August 15, annually, the chief school
18administrator for the district shall certify to the State
19Superintendent of Education the district's claim for
20reimbursement for the school year ending on June 30 next
21preceding. The State Superintendent of Education shall check
22and approve the claims and prepare the vouchers showing the
23amounts due for district reimbursement claims. Each fiscal
24year, the State Superintendent of Education shall prepare and
25transmit the first 3 vouchers to the Comptroller on the 30th
26day of September, December and March, respectively, and the

 

 

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1final voucher, no later than June 20.
2    If the amount appropriated for transportation
3reimbursement is insufficient to fund total claims for any
4fiscal year, the State Board of Education shall reduce each
5school district's allowable costs and flat grant amount
6proportionately to make total adjusted claims equal the total
7amount appropriated.
8    For purposes of calculating claims for reimbursement under
9this Section for any school year beginning July 1, 1998, or
10thereafter, the equalized assessed valuation for a school
11district used to compute reimbursement shall be computed in the
12same manner as it is computed under paragraph (2) of subsection
13(G) of Section 18-8.05.
14    All reimbursements received from the State shall be
15deposited into the district's transportation fund or into the
16fund from which the allowable expenditures were made.
17    Notwithstanding any other provision of law, any school
18district receiving a payment under this Section or under
19Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
20classify all or a portion of the funds that it receives in a
21particular fiscal year or from general State aid pursuant to
22Section 18-8.05 of this Code as funds received in connection
23with any funding program for which it is entitled to receive
24funds from the State in that fiscal year (including, without
25limitation, any funding program referenced in this Section),
26regardless of the source or timing of the receipt. The district

 

 

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1may not classify more funds as funds received in connection
2with the funding program than the district is entitled to
3receive in that fiscal year for that program. Any
4classification by a district must be made by a resolution of
5its board of education. The resolution must identify the amount
6of any payments or general State aid to be classified under
7this paragraph and must specify the funding program to which
8the funds are to be treated as received in connection
9therewith. This resolution is controlling as to the
10classification of funds referenced therein. A certified copy of
11the resolution must be sent to the State Superintendent of
12Education. The resolution shall still take effect even though a
13copy of the resolution has not been sent to the State
14Superintendent of Education in a timely manner. No
15classification under this paragraph by a district shall affect
16the total amount or timing of money the district is entitled to
17receive under this Code. No classification under this paragraph
18by a district shall in any way relieve the district from or
19affect any requirements that otherwise would apply with respect
20to that funding program, including any accounting of funds by
21source, reporting expenditures by original source and purpose,
22reporting requirements, or requirements of providing services.
23    Any school district with a population of not more than
24500,000 must deposit all funds received under this Article into
25the transportation fund and use those funds for the provision
26of transportation services.

 

 

HB3501- 140 -LRB097 08883 HLH 49013 b

1(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)
 
2    (105 ILCS 5/3-6 rep.)
3    (105 ILCS 5/3-6.1 rep.)
4    Section 90. The School Code is amended by repealing
5Sections 3-6 and 3-6.1.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.

 

 

HB3501- 141 -LRB097 08883 HLH 49013 b

1 INDEX
2 Statutes amended in order of appearance
3    15 ILCS 20/50-20was 15 ILCS 20/38.3
4    30 ILCS 105/5.786 new
5    30 ILCS 105/5.787 new
6    30 ILCS 105/5.788 new
7    30 ILCS 105/5.789 new
8    35 ILCS 5/204from Ch. 120, par. 2-204
9    35 ILCS 5/208from Ch. 120, par. 2-208
10    35 ILCS 5/212
11    35 ILCS 5/901from Ch. 120, par. 9-901
12    35 ILCS 120/1from Ch. 120, par. 440
13    35 ILCS 120/2from Ch. 120, par. 441
14    105 ILCS 5/1C-2
15    105 ILCS 5/2-3.25cfrom Ch. 122, par. 2-3.25c
16    105 ILCS 5/2-3.25dfrom Ch. 122, par. 2-3.25d
17    105 ILCS 5/2-3.25d-5 new
18    105 ILCS 5/2-3.153 new
19    105 ILCS 5/2-3.154 new
20    105 ILCS 5/2-3.155 new
21    105 ILCS 5/2-3.156 new
22    105 ILCS 5/2-3.157 new
23    105 ILCS 5/3-7from Ch. 122, par. 3-7
24    105 ILCS 5/10-16.10 new
25    105 ILCS 5/10-17afrom Ch. 122, par. 10-17a

 

 

HB3501- 142 -LRB097 08883 HLH 49013 b

1    105 ILCS 5/10-17b new
2    105 ILCS 5/10-17c new
3    105 ILCS 5/10-17d new
4    105 ILCS 5/10-20.53 new
5    105 ILCS 5/10-22.45from Ch. 122, par. 10-22.45
6    105 ILCS 5/17-2.11d new
7    105 ILCS 5/18-8.05
8    105 ILCS 5/19-3from Ch. 122, par. 19-3
9    105 ILCS 5/21A-3 new
10    105 ILCS 5/21A-5
11    105 ILCS 5/21A-10
12    105 ILCS 5/21A-15
13    105 ILCS 5/21A-20
14    105 ILCS 5/21A-25
15    105 ILCS 5/21A-30
16    105 ILCS 5/23-3from Ch. 122, par. 23-3
17    105 ILCS 5/23-5.5 new
18    105 ILCS 5/23-6from Ch. 122, par. 23-6
19    105 ILCS 5/29-5from Ch. 122, par. 29-5
20    105 ILCS 5/3-6 rep.
21    105 ILCS 5/3-6.1 rep.