Sen. Heather A. Steans

Filed: 5/9/2012

 

 


 

 


 
09700HB5826sam001LRB097 19949 NHT 69292 a

1
AMENDMENT TO HOUSE BILL 5826

2    AMENDMENT NO. ______. Amend House Bill 5826 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
51C-4, 2-3.7, 2-3.22, 2-3.27, 2-3.53a, 2-3.137, 2-3.139,
610-22.31a, 18-4.5, 18-6, 18-8.05, 18-12, 26-2a, 27A-6, 27A-7,
7and 34-8 as follows:
 
8    (105 ILCS 5/1C-4)
9    Sec. 1C-4. Report Reports. The State Superintendent of
10Education, in cooperation with the school districts
11participating under this Article, shall annually report to the
12leadership of the General Assembly on the progress made in
13implementing this Article. By February 1, 1997, the State Board
14of Education shall submit to the Governor and General Assembly
15a comprehensive plan for Illinois school districts, including
16the school district that has been organized under Article 34

 

 

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1and is under the jurisdiction of the Chicago Board of
2Education, to establish and implement a block grant funding
3system for educational programs that are currently funded
4through single-program grants. Before submitting its plan to
5establish and implement a block grant funding system to the
6Governor and General Assembly as required by this Section, the
7State Board of Education shall give appropriate notice of and
8hold statewide public hearings on the subject of funding
9educational programs through block grants. The plan shall be
10designed to relieve school districts of the administrative
11burdens that impede efficiency and accompany single-program
12funding. A school district that receives an Early Childhood
13Education Block Grant shall report to the State Board of
14Education on its use of the block grant in such form and detail
15as the State Board of Education may specify. In addition, the
16report must include the following description for the district,
17which must also be reported to the General Assembly: block
18grant allocation and expenditures by program; population and
19service levels by program; and administrative expenditures by
20program. The State Board of Education shall ensure that the
21reporting requirements for a district organized under Article
2234 of this Code are the same as for all other school districts
23in this State.
24(Source: P.A. 97-238, eff. 8-2-11.)
 
25    (105 ILCS 5/2-3.7)  (from Ch. 122, par. 2-3.7)

 

 

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1    Sec. 2-3.7. Legal adviser; opinions of school officers -
2Opinions. To be the legal adviser of regional offices of
3education school officers, and, when requested by any school
4officer, to give an opinion in writing upon any question
5arising under the school laws of the State.
6(Source: P.A. 81-1508.)
 
7    (105 ILCS 5/2-3.22)  (from Ch. 122, par. 2-3.22)
8    Sec. 2-3.22. Withholding school funds or compensation of
9regional superintendent of schools. To require the State
10Comptroller to withhold from the regional superintendent of
11schools the amount due the regional superintendent of schools
12for his compensation, until the reports, statements, books,
13vouchers and other records provided for in Sections 2-3.17,
142-3.17a and 3-15.8 have been furnished.
15(Source: P.A. 88-641, eff. 9-9-94.)
 
16    (105 ILCS 5/2-3.27)  (from Ch. 122, par. 2-3.27)
17    Sec. 2-3.27. Budgets and accounting practices-Forms and
18procedures.
19    To formulate and approve forms, procedure and regulations
20for school district accounts and budgets required by this Act
21reflecting the gross amount of income and expenses, receipts
22and disbursements and extending a net surplus or deficit on
23operating items, to advise and assist the officers of any
24district in respect to budgets and accounting practices and in

 

 

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1the formulation and use of such books, records and accounts or
2other forms as may be required to comply with the provisions of
3this Act; to publish and keep current information pamphlets or
4manuals in looseleaf form relating to budgetary and accounting
5procedure or similar topics; to make all rules and regulations
6as may be necessary to carry into effect the provisions of this
7Act relating to budgetary procedure and accounting, such rules
8and regulations to include but not to be limited to the
9establishment of a decimal classification of accounts; to
10confer with various district, county and State officials or
11take such other action as may be reasonably required to carry
12out the provisions of this Act relating to budgets and
13accounting.
14(Source: Laws 1961, p. 31.)
 
15    (105 ILCS 5/2-3.53a)
16    Sec. 2-3.53a. New principal mentoring program.
17    (a) Beginning on July 1, 2007, and subject to an annual
18appropriation by the General Assembly, to establish a new
19principal mentoring program for new principals. Any individual
20who is first hired as a principal on or after July 1, 2007
21shall participate in a new principal mentoring program for the
22duration of his or her first year as a principal and must
23complete the program in accordance with the requirements
24established by the State Board of Education by rule or, for a
25school district created by Article 34 of this Code, in

 

 

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1accordance with the provisions of Section 34-18.33 34-18.27 of
2this Code. School districts created by Article 34 are not
3subject to the requirements of subsection (b), (c), (d), (e),
4(f), or (g) of this Section. Any individual who is first hired
5as a principal on or after July 1, 2008 may participate in a
6second year of mentoring if it is determined by the State
7Superintendent of Education that sufficient funding exists for
8such participation. The new principal mentoring program shall
9match an experienced principal who meets the requirements of
10subsection (b) of this Section with each new principal in order
11to assist the new principal in the development of his or her
12professional growth and to provide guidance.
13    (b) Any individual who has been a principal in Illinois for
143 or more years and who has demonstrated success as an
15instructional leader, as determined by the State Board by rule,
16is eligible to apply to be a mentor under a new principal
17mentoring program. Mentors shall complete mentoring training
18by entities approved by the State Board and meet any other
19requirements set forth by the State Board and by the school
20district employing the mentor.
21    (c) The State Board shall certify an entity or entities
22approved to provide training of mentors.
23    (d) A mentor shall be assigned to a new principal based on
24(i) similarity of grade level or type of school, (ii) learning
25needs of the new principal, and (iii) geographical proximity of
26the mentor to the new principal. The principal, in

 

 

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1collaboration with the mentor, shall identify areas for
2improvement of the new principal's professional growth,
3including, but not limited to, each of the following:
4        (1) Analyzing data and applying it to practice.
5        (2) Aligning professional development and
6    instructional programs.
7        (3) Building a professional learning community.
8        (4) Observing classroom practices and providing
9    feedback.
10        (5) Facilitating effective meetings.
11        (6) Developing distributive leadership practices.
12        (7) Facilitating organizational change.
13The mentor shall not be required to provide an evaluation of
14the new principal on the basis of the mentoring relationship.
15    (e) On or before July 1, 2008 and on or after July 1 of each
16year thereafter, the State Board shall facilitate a review and
17evaluate the mentoring training program in collaboration with
18the approved providers. Each new principal and his or her
19mentor must complete a verification form developed by the State
20Board in order to certify their completion of a new principal
21mentoring program.
22    (f) The requirements of this Section do not apply to any
23individual who has previously served as an assistant principal
24in Illinois acting under an administrative certificate for 5 or
25more years and who is hired, on or after July 1, 2007, as a
26principal by the school district in which the individual last

 

 

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1served as an assistant principal, although such an individual
2may choose to participate in this program or shall be required
3to participate by the school district.
4    (g) The State Board may adopt any rules necessary for the
5implementation of this Section.
6    (h) On an annual basis, the State Superintendent of
7Education shall determine whether appropriations are likely to
8be sufficient to require operation of the mentoring program for
9the coming year. In doing so, the State Superintendent of
10Education shall first determine whether it is likely that funds
11will be sufficient to require operation of the mentoring
12program for individuals in their first year as principal and
13shall then determine whether it is likely that funds will be
14sufficient to require operation of the mentoring program for
15individuals in their second year as principal.
16(Source: P.A. 96-373, eff. 8-13-09.)
 
17    (105 ILCS 5/2-3.137)
18    Sec. 2-3.137. Inspection and review of school facilities;
19task force.
20    (a) The State Board of Education shall adopt rules for the
21documentation of school plan reviews and inspections of school
22facilities, including the responsible individual's signature.
23Such documents shall be kept on file by the regional
24superintendent of schools. The State Board of Education shall
25also adopt rules for the qualifications of persons performing

 

 

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1the reviews and inspections, which must be consistent with the
2recommendations in the task force's report issued to the
3Governor and the General Assembly under subsection (b) of this
4Section. Those qualifications shall include requirements for
5training, education, and at least 2 years of relevant
6experience.
7    (a-5) Rules adopted by the State Board of Education in
8accordance with subsection (a) of this Section shall require
9fees to be collected for use in defraying costs associated with
10the administration of these and other provisions contained in
11the Health/Life Safety Code for Public Schools required by
12Section 2-3.12 of this Code.
13    (b) (Blank). The State Board of Education shall convene a
14task force for the purpose of reviewing the documents required
15under rules adopted under subsection (a) of this Section and
16making recommendations regarding training and accreditation of
17individuals performing reviews or inspections required under
18Section 2-3.12, 3-14.20, 3-14.21, or 3-14.22 of this Code,
19including regional superintendents of schools and others
20performing reviews or inspections under the authority of a
21regional superintendent (such as consultants, municipalities,
22and fire protection districts).
23    The task force shall consist of all of the following
24members:
25        (1) The Executive Director of the Capital Development
26    Board or his or her designee and a staff representative of

 

 

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1    the Division of Building Codes and Regulations.
2        (2) The State Superintendent of Education or his or her
3    designee.
4        (3) A person appointed by the State Board of Education.
5        (4) A person appointed by an organization representing
6    school administrators.
7        (5) A person appointed by an organization representing
8    suburban school administrators and school board members.
9        (6) A person appointed by an organization representing
10    architects.
11        (7) A person appointed by an organization representing
12    regional superintendents of schools.
13        (8) A person appointed by an organization representing
14    fire inspectors.
15        (9) A person appointed by an organization representing
16    Code administrators.
17        (10) A person appointed by an organization
18    representing plumbing inspectors.
19        (11) A person appointed by an organization that
20    represents both parents and teachers.
21        (12) A person appointed by an organization
22    representing municipal governments in the State.
23        (13) A person appointed by the State Fire Marshal from
24    his or her office.
25        (14) A person appointed by an organization
26    representing fire chiefs.

 

 

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1        (15) The Director of Public Health or his or her
2    designee.
3        (16) A person appointed by an organization
4    representing structural engineers.
5        (17) A person appointed by an organization
6    representing professional engineers.
7    The task force shall issue a report of its findings to the
8Governor and the General Assembly no later than January 1,
92006.
10(Source: P.A. 95-331, eff. 8-21-07; 96-734, eff. 8-25-09.)
 
11    (105 ILCS 5/2-3.139)
12    Sec. 2-3.139. School wellness policies; taskforce.
13    (a) The State Board of Education shall establish a State
14goal that all school districts have a wellness policy that is
15consistent with recommendations of the Centers for Disease
16Control and Prevention (CDC), which recommendations include
17the following:
18        (1) nutrition guidelines for all foods sold on school
19    campus during the school day;
20        (2) setting school goals for nutrition education and
21    physical activity;
22        (3) establishing community participation in creating
23    local wellness policies; and
24        (4) creating a plan for measuring implementation of
25    these wellness policies.

 

 

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1    The Department of Public Health, the Department of Human
2Services, and the State Board of Education shall form an
3interagency working group to publish model wellness policies
4and recommendations. Sample policies shall be based on CDC
5recommendations for nutrition and physical activity. The State
6Board of Education shall distribute the model wellness policies
7to all school districts before June 1, 2006.
8    (b) (Blank). There is created the School Wellness Policy
9Taskforce, consisting of the following members:
10        (1) One member representing the State Board of
11    Education, appointed by the State Board of Education.
12        (2) One member representing the Department of Public
13    Health, appointed by the Director of Public Health.
14        (3) One member representing the Department of Human
15    Services, appointed by the Secretary of Human Services.
16        (4) One member of an organization representing the
17    interests of school nurses in this State, appointed by the
18    interagency working group.
19        (5) One member of an organization representing the
20    interests of school administrators in this State,
21    appointed by the interagency working group.
22        (6) One member of an organization representing the
23    interests of school boards in this State, appointed by the
24    interagency working group.
25        (7) One member of an organization representing the
26    interests of regional superintendents of schools in this

 

 

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1    State, appointed by the interagency working group.
2        (8) One member of an organization representing the
3    interests of parent-teacher associations in this State,
4    appointed by the interagency working group.
5        (9) One member of an organization representing the
6    interests of pediatricians in this State, appointed by the
7    interagency working group.
8        (10) One member of an organization representing the
9    interests of dentists in this State, appointed by the
10    interagency working group.
11        (11) One member of an organization representing the
12    interests of dieticians in this State, appointed by the
13    interagency working group.
14        (12) One member of an organization that has an interest
15    and expertise in heart disease, appointed by the
16    interagency working group.
17        (13) One member of an organization that has an interest
18    and expertise in cancer, appointed by the interagency
19    working group.
20        (14) One member of an organization that has an interest
21    and expertise in childhood obesity, appointed by the
22    interagency working group.
23        (15) One member of an organization that has an interest
24    and expertise in the importance of physical education and
25    recreation in preventing disease, appointed by the
26    interagency working group.

 

 

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1        (16) One member of an organization that has an interest
2    and expertise in school food service, appointed by the
3    interagency working group.
4        (17) One member of an organization that has an interest
5    and expertise in school health, appointed by the
6    interagency working group.
7        (18) One member of an organization that campaigns for
8    programs and policies for healthier school environments,
9    appointed by the interagency working group.
10        (19) One at-large member with a doctorate in nutrition,
11    appointed by the State Board of Education.
12    Members of the taskforce shall serve without compensation.
13The taskforce shall meet at the call of the State Board of
14Education. The taskforce shall report its identification of
15barriers to implementing school wellness policies and its
16recommendations to reduce those barriers to the General
17Assembly and the Governor on or before January 1, 2006. The
18taskforce shall report its recommendations on statewide school
19nutrition standards to the General Assembly and the Governor on
20or before January 1, 2007. The taskforce shall report its
21evaluation of the effectiveness of school wellness policies to
22the General Assembly and the Governor on or before January 1,
232008. The evaluation shall review a sample size of 5 to 10
24school districts. Reports shall be made to the General Assembly
25by filing copies of each report as provided in Section 3.1 of
26the General Assembly Organization Act. Upon the filing of the

 

 

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1last report, the taskforce is dissolved.
2    (c) The State Board of Education may adopt any rules
3necessary to implement this Section.
4    (d) Nothing in this Section may be construed as a
5curricular mandate on any school district.
6(Source: P.A. 94-199, eff. 7-12-05; 95-331, eff. 8-21-07.)
 
7    (105 ILCS 5/10-22.31a)  (from Ch. 122, par. 10-22.31a)
8    Sec. 10-22.31a. Joint educational programs. To enter into
9joint agreements with other school boards or public
10institutions of higher education to establish any type of
11educational program which any district may establish
12individually, to provide the needed educational facilities and
13to employ a director and other professional workers for such
14program. The director and other professional workers may be
15employed by one district which shall be reimbursed on a
16mutually agreed basis by other districts that are parties to
17the joint agreement. Such agreements may provide that one
18district may supply professional workers for a joint program
19conducted in another district. Such agreement shall be executed
20on forms provided by the State Board of Education and shall
21include, but not be limited to, provisions for administration,
22staff, programs, financing, housing, transportation and
23advisory body and provide for the withdrawal of districts from
24the joint agreement by petition to the regional board of school
25trustees. Such petitions for withdrawal shall be made to the

 

 

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1regional board of school trustees of the region having
2supervision and control over the administrative district and
3shall be acted upon in the manner provided in Article 7 for the
4detachment of territory from a school district.
5    To designate an administrative district to act as fiscal
6and legal agent for the districts that are parties to such a
7joint agreement.
8(Source: P.A. 86-198; 86-1318.)
 
9    (105 ILCS 5/18-4.5)
10    Sec. 18-4.5. Home Hospital Grants. Except for those
11children qualifying under Article 14, school districts shall be
12eligible to receive reimbursement for all children requiring
13home or hospital instruction at not more than $1,000 annually
14per child or $9,000 $8,000 per teacher, whichever is less.
15(Source: P.A. 88-386.)
 
16    (105 ILCS 5/18-6)  (from Ch. 122, par. 18-6)
17    Sec. 18-6. Supervisory expenses. The State Board of
18Education shall annually request an appropriation from the
19common school fund for regional office of education expenses,
20aggregating $1,000 per county per year for each educational
21service region. The State Board of Education shall present
22vouchers to the Comptroller as soon as may be after the first
23day of August each year for each regional office of education.
24Each regional office of education may draw upon these funds

 

 

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1this fund for the expenses necessarily incurred in providing
2for supervisory services in the region.
3(Source: P.A. 88-9; 89-397, eff. 8-20-95.)
 
4    (105 ILCS 5/18-8.05)
5    Sec. 18-8.05. Basis for apportionment of general State
6financial aid and supplemental general State aid to the common
7schools for the 1998-1999 and subsequent school years.
 
8(A) General Provisions.
9    (1) The provisions of this Section apply to the 1998-1999
10and subsequent school years. The system of general State
11financial aid provided for in this Section is designed to
12assure that, through a combination of State financial aid and
13required local resources, the financial support provided each
14pupil in Average Daily Attendance equals or exceeds a
15prescribed per pupil Foundation Level. This formula approach
16imputes a level of per pupil Available Local Resources and
17provides for the basis to calculate a per pupil level of
18general State financial aid that, when added to Available Local
19Resources, equals or exceeds the Foundation Level. The amount
20of per pupil general State financial aid for school districts,
21in general, varies in inverse relation to Available Local
22Resources. Per pupil amounts are based upon each school
23district's Average Daily Attendance as that term is defined in
24this Section.

 

 

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1    (2) In addition to general State financial aid, school
2districts with specified levels or concentrations of pupils
3from low income households are eligible to receive supplemental
4general State financial aid grants as provided pursuant to
5subsection (H). The supplemental State aid grants provided for
6school districts under subsection (H) shall be appropriated for
7distribution to school districts as part of the same line item
8in which the general State financial aid of school districts is
9appropriated under this Section.
10    (3) To receive financial assistance under this Section,
11school districts are required to file claims with the State
12Board of Education, subject to the following requirements:
13        (a) Any school district which fails for any given
14    school year to maintain school as required by law, or to
15    maintain a recognized school is not eligible to file for
16    such school year any claim upon the Common School Fund. In
17    case of nonrecognition of one or more attendance centers in
18    a school district otherwise operating recognized schools,
19    the claim of the district shall be reduced in the
20    proportion which the Average Daily Attendance in the
21    attendance center or centers bear to the Average Daily
22    Attendance in the school district. A "recognized school"
23    means any public school which meets the standards as
24    established for recognition by the State Board of
25    Education. A school district or attendance center not
26    having recognition status at the end of a school term is

 

 

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1    entitled to receive State aid payments due upon a legal
2    claim which was filed while it was recognized.
3        (b) School district claims filed under this Section are
4    subject to Sections 18-9 and 18-12, except as otherwise
5    provided in this Section.
6        (c) If a school district operates a full year school
7    under Section 10-19.1, the general State aid to the school
8    district shall be determined by the State Board of
9    Education in accordance with this Section as near as may be
10    applicable.
11        (d) (Blank).
12    (4) Except as provided in subsections (H) and (L), the
13board of any district receiving any of the grants provided for
14in this Section may apply those funds to any fund so received
15for which that board is authorized to make expenditures by law.
16    School districts are not required to exert a minimum
17Operating Tax Rate in order to qualify for assistance under
18this Section.
19    (5) As used in this Section the following terms, when
20capitalized, shall have the meaning ascribed herein:
21        (a) "Average Daily Attendance": A count of pupil
22    attendance in school, averaged as provided for in
23    subsection (C) and utilized in deriving per pupil financial
24    support levels.
25        (b) "Available Local Resources": A computation of
26    local financial support, calculated on the basis of Average

 

 

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1    Daily Attendance and derived as provided pursuant to
2    subsection (D).
3        (c) "Corporate Personal Property Replacement Taxes":
4    Funds paid to local school districts pursuant to "An Act in
5    relation to the abolition of ad valorem personal property
6    tax and the replacement of revenues lost thereby, and
7    amending and repealing certain Acts and parts of Acts in
8    connection therewith", certified August 14, 1979, as
9    amended (Public Act 81-1st S.S.-1).
10        (d) "Foundation Level": A prescribed level of per pupil
11    financial support as provided for in subsection (B).
12        (e) "Operating Tax Rate": All school district property
13    taxes extended for all purposes, except Bond and Interest,
14    Summer School, Rent, Capital Improvement, and Vocational
15    Education Building purposes.
 
16(B) Foundation Level.
17    (1) The Foundation Level is a figure established by the
18State representing the minimum level of per pupil financial
19support that should be available to provide for the basic
20education of each pupil in Average Daily Attendance. As set
21forth in this Section, each school district is assumed to exert
22a sufficient local taxing effort such that, in combination with
23the aggregate of general State financial aid provided the
24district, an aggregate of State and local resources are
25available to meet the basic education needs of pupils in the

 

 

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1district.
2    (2) For the 1998-1999 school year, the Foundation Level of
3support is $4,225. For the 1999-2000 school year, the
4Foundation Level of support is $4,325. For the 2000-2001 school
5year, the Foundation Level of support is $4,425. For the
62001-2002 school year and 2002-2003 school year, the Foundation
7Level of support is $4,560. For the 2003-2004 school year, the
8Foundation Level of support is $4,810. For the 2004-2005 school
9year, the Foundation Level of support is $4,964. For the
102005-2006 school year, the Foundation Level of support is
11$5,164. For the 2006-2007 school year, the Foundation Level of
12support is $5,334. For the 2007-2008 school year, the
13Foundation Level of support is $5,734. For the 2008-2009 school
14year, the Foundation Level of support is $5,959.
15    (3) For the 2009-2010 school year and each school year
16thereafter, the Foundation Level of support is $6,119 or such
17greater amount as may be established by law by the General
18Assembly.
 
19(C) Average Daily Attendance.
20    (1) For purposes of calculating general State aid pursuant
21to subsection (E), an Average Daily Attendance figure shall be
22utilized. The Average Daily Attendance figure for formula
23calculation purposes shall be the monthly average of the actual
24number of pupils in attendance of each school district, as
25further averaged for the best 3 months of pupil attendance for

 

 

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

 

 

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

 

 

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

 

 

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1    (3) For any school district for which Available Local
2Resources per pupil is equal to or greater than the product of
30.93 times the Foundation Level and less than the product of
41.75 times the Foundation Level, the general State aid per
5pupil shall be a decimal proportion of the Foundation Level
6derived using a linear algorithm. Under this linear algorithm,
7the calculated general State aid per pupil shall decline in
8direct linear fashion from 0.07 times the Foundation Level for
9a school district with Available Local Resources equal to the
10product of 0.93 times the Foundation Level, to 0.05 times the
11Foundation Level for a school district with Available Local
12Resources equal to the product of 1.75 times the Foundation
13Level. The allocation of general State aid for school districts
14subject to this paragraph 3 shall be the calculated general
15State aid per pupil figure multiplied by the Average Daily
16Attendance of the school district.
17    (4) For any school district for which Available Local
18Resources per pupil equals or exceeds the product of 1.75 times
19the Foundation Level, the general State aid for the school
20district shall be calculated as the product of $218 multiplied
21by the Average Daily Attendance of the school district.
22    (5) The amount of general State aid allocated to a school
23district for the 1999-2000 school year meeting the requirements
24set forth in paragraph (4) of subsection (G) shall be increased
25by an amount equal to the general State aid that would have
26been received by the district for the 1998-1999 school year by

 

 

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

 

 

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1    hold year-round classes, for the non-year-round buildings,
2    days of attendance in August shall be added to the month of
3    September and any days of attendance in June shall be added
4    to the month of May. The average daily attendance for the
5    year-round buildings shall be computed as provided in
6    subdivision (b) of this paragraph (1). To calculate the
7    Average Daily Attendance for the district, the average
8    daily attendance for the year-round buildings shall be
9    multiplied by the days in session for the non-year-round
10    buildings for each month and added to the monthly
11    attendance of the non-year-round buildings.
12    Except as otherwise provided in this Section, days of
13attendance by pupils shall be counted only for sessions of not
14less than 5 clock hours of school work per day under direct
15supervision of: (i) teachers, or (ii) non-teaching personnel or
16volunteer personnel when engaging in non-teaching duties and
17supervising in those instances specified in subsection (a) of
18Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
19of legal school age and in kindergarten and grades 1 through
2012.
21    Days of attendance by tuition pupils shall be accredited
22only to the districts that pay the tuition to a recognized
23school.
24    (2) Days of attendance by pupils of less than 5 clock hours
25of school shall be subject to the following provisions in the
26compilation of Average Daily Attendance.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    pupil whose school day must be shortened to accommodate
2    required testing procedures may be less than 5 clock hours
3    and shall be counted towards the 176 days of actual pupil
4    attendance required under Section 10-19 of this Code,
5    provided that a sufficient number of minutes of school work
6    in excess of 5 clock hours are first completed on other
7    school days to compensate for the loss of school work on
8    the examination days.
9        (j) Pupils enrolled in a remote educational program
10    established under Section 10-29 of this Code may be counted
11    on the basis of one-fifth day of attendance for every clock
12    hour of instruction attended in the remote educational
13    program, provided that, in any month, the school district
14    may not claim for a student enrolled in a remote
15    educational program more days of attendance than the
16    maximum number of days of attendance the district can claim
17    (i) for students enrolled in a building holding year-round
18    classes if the student is classified as participating in
19    the remote educational program on a year-round schedule or
20    (ii) for students enrolled in a building not holding
21    year-round classes if the student is not classified as
22    participating in the remote educational program on a
23    year-round schedule.
 
24(G) Equalized Assessed Valuation Data.
25    (1) For purposes of the calculation of Available Local

 

 

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1Resources required pursuant to subsection (D), the State Board
2of Education shall secure from the Department of Revenue the
3value as equalized or assessed by the Department of Revenue of
4all taxable property of every school district, together with
5(i) the applicable tax rate used in extending taxes for the
6funds of the district as of September 30 of the previous year
7and (ii) the limiting rate for all school districts subject to
8property tax extension limitations as imposed under the
9Property Tax Extension Limitation Law.
10    The Department of Revenue shall add to the equalized
11assessed value of all taxable property of each school district
12situated entirely or partially within a county that is or was
13subject to the provisions of Section 15-176 or 15-177 of the
14Property Tax Code (a) an amount equal to the total amount by
15which the homestead exemption allowed under Section 15-176 or
1615-177 of the Property Tax Code for real property situated in
17that school district exceeds the total amount that would have
18been allowed in that school district if the maximum reduction
19under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
20all other counties in tax year 2003 or (ii) $5,000 in all
21counties in tax year 2004 and thereafter and (b) an amount
22equal to the aggregate amount for the taxable year of all
23additional exemptions under Section 15-175 of the Property Tax
24Code for owners with a household income of $30,000 or less. The
25county clerk of any county that is or was subject to the
26provisions of Section 15-176 or 15-177 of the Property Tax Code

 

 

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1shall annually calculate and certify to the Department of
2Revenue for each school district all homestead exemption
3amounts under Section 15-176 or 15-177 of the Property Tax Code
4and all amounts of additional exemptions under Section 15-175
5of the Property Tax Code for owners with a household income of
6$30,000 or less. It is the intent of this paragraph that if the
7general homestead exemption for a parcel of property is
8determined under Section 15-176 or 15-177 of the Property Tax
9Code rather than Section 15-175, then the calculation of
10Available Local Resources shall not be affected by the
11difference, if any, between the amount of the general homestead
12exemption allowed for that parcel of property under Section
1315-176 or 15-177 of the Property Tax Code and the amount that
14would have been allowed had the general homestead exemption for
15that parcel of property been determined under Section 15-175 of
16the Property Tax Code. It is further the intent of this
17paragraph that if additional exemptions are allowed under
18Section 15-175 of the Property Tax Code for owners with a
19household income of less than $30,000, then the calculation of
20Available Local Resources shall not be affected by the
21difference, if any, because of those additional exemptions.
22    This equalized assessed valuation, as adjusted further by
23the requirements of this subsection, shall be utilized in the
24calculation of Available Local Resources.
25    (2) The equalized assessed valuation in paragraph (1) shall
26be adjusted, as applicable, in the following manner:

 

 

09700HB5826sam001- 34 -LRB097 19949 NHT 69292 a

1        (a) For the purposes of calculating State aid under
2    this Section, with respect to any part of a school district
3    within a redevelopment project area in respect to which a
4    municipality has adopted tax increment allocation
5    financing pursuant to the Tax Increment Allocation
6    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
7    of the Illinois Municipal Code or the Industrial Jobs
8    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
9    Illinois Municipal Code, no part of the current equalized
10    assessed valuation of real property located in any such
11    project area which is attributable to an increase above the
12    total initial equalized assessed valuation of such
13    property shall be used as part of the equalized assessed
14    valuation of the district, until such time as all
15    redevelopment project costs have been paid, as provided in
16    Section 11-74.4-8 of the Tax Increment Allocation
17    Redevelopment Act or in Section 11-74.6-35 of the
18    Industrial Jobs Recovery Law. For the purpose of the
19    equalized assessed valuation of the district, the total
20    initial equalized assessed valuation or the current
21    equalized assessed valuation, whichever is lower, shall be
22    used until such time as all redevelopment project costs
23    have been paid.
24        (b) The real property equalized assessed valuation for
25    a school district shall be adjusted by subtracting from the
26    real property value as equalized or assessed by the

 

 

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1    Department of Revenue for the district an amount computed
2    by dividing the amount of any abatement of taxes under
3    Section 18-170 of the Property Tax Code by 3.00% for a
4    district maintaining grades kindergarten through 12, by
5    2.30% for a district maintaining grades kindergarten
6    through 8, or by 1.05% for a district maintaining grades 9
7    through 12 and adjusted by an amount computed by dividing
8    the amount of any abatement of taxes under subsection (a)
9    of Section 18-165 of the Property Tax Code by the same
10    percentage rates for district type as specified in this
11    subparagraph (b).
12    (3) For the 1999-2000 school year and each school year
13thereafter, if a school district meets all of the criteria of
14this subsection (G)(3), the school district's Available Local
15Resources shall be calculated under subsection (D) using the
16district's Extension Limitation Equalized Assessed Valuation
17as calculated under this subsection (G)(3).
18    For purposes of this subsection (G)(3) the following terms
19shall have the following meanings:
20        "Budget Year": The school year for which general State
21    aid is calculated and awarded under subsection (E).
22        "Base Tax Year": The property tax levy year used to
23    calculate the Budget Year allocation of general State aid.
24        "Preceding Tax Year": The property tax levy year
25    immediately preceding the Base Tax Year.
26        "Base Tax Year's Tax Extension": The product of the

 

 

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1    equalized assessed valuation utilized by the County Clerk
2    in the Base Tax Year multiplied by the limiting rate as
3    calculated by the County Clerk and defined in the Property
4    Tax Extension Limitation Law.
5        "Preceding Tax Year's Tax Extension": The product of
6    the equalized assessed valuation utilized by the County
7    Clerk in the Preceding Tax Year multiplied by the Operating
8    Tax Rate as defined in subsection (A).
9        "Extension Limitation Ratio": A numerical ratio,
10    certified by the County Clerk, in which the numerator is
11    the Base Tax Year's Tax Extension and the denominator is
12    the Preceding Tax Year's Tax Extension.
13        "Operating Tax Rate": The operating tax rate as defined
14    in subsection (A).
15    If a school district is subject to property tax extension
16limitations as imposed under the Property Tax Extension
17Limitation Law, the State Board of Education shall calculate
18the Extension Limitation Equalized Assessed Valuation of that
19district. For the 1999-2000 school year, the Extension
20Limitation Equalized Assessed Valuation of a school district as
21calculated by the State Board of Education shall be equal to
22the product of the district's 1996 Equalized Assessed Valuation
23and the district's Extension Limitation Ratio. Except as
24otherwise provided in this paragraph for a school district that
25has approved or does approve an increase in its limiting rate,
26for the 2000-2001 school year and each school year thereafter,

 

 

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1the Extension Limitation Equalized Assessed Valuation of a
2school district as calculated by the State Board of Education
3shall be equal to the product of the Equalized Assessed
4Valuation last used in the calculation of general State aid and
5the district's Extension Limitation Ratio. If the Extension
6Limitation Equalized Assessed Valuation of a school district as
7calculated under this subsection (G)(3) is less than the
8district's equalized assessed valuation as calculated pursuant
9to subsections (G)(1) and (G)(2), then for purposes of
10calculating the district's general State aid for the Budget
11Year pursuant to subsection (E), that Extension Limitation
12Equalized Assessed Valuation shall be utilized to calculate the
13district's Available Local Resources under subsection (D). For
14the 2009-2010 school year and each school year thereafter, if a
15school district has approved or does approve an increase in its
16limiting rate, pursuant to Section 18-190 of the Property Tax
17Code, affecting the Base Tax Year, the Extension Limitation
18Equalized Assessed Valuation of the school district, as
19calculated by the State Board of Education, shall be equal to
20the product of the Equalized Assessed Valuation last used in
21the calculation of general State aid times an amount equal to
22one plus the percentage increase, if any, in the Consumer Price
23Index for all Urban Consumers for all items published by the
24United States Department of Labor for the 12-month calendar
25year preceding the Base Tax Year, plus the Equalized Assessed
26Valuation of new property, annexed property, and recovered tax

 

 

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1increment value and minus the Equalized Assessed Valuation of
2disconnected property. New property and recovered tax
3increment value shall have the meanings set forth in the
4Property Tax Extension Limitation Law.
5    Partial elementary unit districts created in accordance
6with Article 11E of this Code shall not be eligible for the
7adjustment in this subsection (G)(3) until the fifth year
8following the effective date of the reorganization.
9    (3.5) For the 2010-2011 school year and each school year
10thereafter, if a school district's boundaries span multiple
11counties, then the Department of Revenue shall send to the
12State Board of Education, for the purpose of calculating
13general State aid, the limiting rate and individual rates by
14purpose for the county that contains the majority of the school
15district's Equalized Assessed Valuation.
16    (4) For the purposes of calculating general State aid for
17the 1999-2000 school year only, if a school district
18experienced a triennial reassessment on the equalized assessed
19valuation used in calculating its general State financial aid
20apportionment for the 1998-1999 school year, the State Board of
21Education shall calculate the Extension Limitation Equalized
22Assessed Valuation that would have been used to calculate the
23district's 1998-1999 general State aid. This amount shall equal
24the product of the equalized assessed valuation used to
25calculate general State aid for the 1997-1998 school year and
26the district's Extension Limitation Ratio. If the Extension

 

 

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1Limitation Equalized Assessed Valuation of the school district
2as calculated under this paragraph (4) is less than the
3district's equalized assessed valuation utilized in
4calculating the district's 1998-1999 general State aid
5allocation, then for purposes of calculating the district's
6general State aid pursuant to paragraph (5) of subsection (E),
7that Extension Limitation Equalized Assessed Valuation shall
8be utilized to calculate the district's Available Local
9Resources.
10    (5) For school districts having a majority of their
11equalized assessed valuation in any county except Cook, DuPage,
12Kane, Lake, McHenry, or Will, if the amount of general State
13aid allocated to the school district for the 1999-2000 school
14year under the provisions of subsection (E), (H), and (J) of
15this Section is less than the amount of general State aid
16allocated to the district for the 1998-1999 school year under
17these subsections, then the general State aid of the district
18for the 1999-2000 school year only shall be increased by the
19difference between these amounts. The total payments made under
20this paragraph (5) shall not exceed $14,000,000. Claims shall
21be prorated if they exceed $14,000,000.
 
22(H) Supplemental General State Aid.
23    (1) In addition to the general State aid a school district
24is allotted pursuant to subsection (E), qualifying school
25districts shall receive a grant, paid in conjunction with a

 

 

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1district's payments of general State aid, for supplemental
2general State aid based upon the concentration level of
3children from low-income households within the school
4district. Supplemental State aid grants provided for school
5districts under this subsection shall be appropriated for
6distribution to school districts as part of the same line item
7in which the general State financial aid of school districts is
8appropriated under this Section.
9    (1.5) This paragraph (1.5) applies only to those school
10years preceding the 2003-2004 school year. For purposes of this
11subsection (H), the term "Low-Income Concentration Level"
12shall be the low-income eligible pupil count from the most
13recently available federal census divided by the Average Daily
14Attendance of the school district. If, however, (i) the
15percentage decrease from the 2 most recent federal censuses in
16the low-income eligible pupil count of a high school district
17with fewer than 400 students exceeds by 75% or more the
18percentage change in the total low-income eligible pupil count
19of contiguous elementary school districts, whose boundaries
20are coterminous with the high school district, or (ii) a high
21school district within 2 counties and serving 5 elementary
22school districts, whose boundaries are coterminous with the
23high school district, has a percentage decrease from the 2 most
24recent federal censuses in the low-income eligible pupil count
25and there is a percentage increase in the total low-income
26eligible pupil count of a majority of the elementary school

 

 

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1districts in excess of 50% from the 2 most recent federal
2censuses, then the high school district's low-income eligible
3pupil count from the earlier federal census shall be the number
4used as the low-income eligible pupil count for the high school
5district, for purposes of this subsection (H). The changes made
6to this paragraph (1) by Public Act 92-28 shall apply to
7supplemental general State aid grants for school years
8preceding the 2003-2004 school year that are paid in fiscal
9year 1999 or thereafter and to any State aid payments made in
10fiscal year 1994 through fiscal year 1998 pursuant to
11subsection 1(n) of Section 18-8 of this Code (which was
12repealed on July 1, 1998), and any high school district that is
13affected by Public Act 92-28 is entitled to a recomputation of
14its supplemental general State aid grant or State aid paid in
15any of those fiscal years. This recomputation shall not be
16affected by any other funding.
17    (1.10) This paragraph (1.10) applies to the 2003-2004
18school year and each school year thereafter. For purposes of
19this subsection (H), the term "Low-Income Concentration Level"
20shall, for each fiscal year, be the low-income eligible pupil
21count as of July 1 of the immediately preceding fiscal year (as
22determined by the Department of Human Services based on the
23number of pupils who are eligible for at least one of the
24following low income programs: Medicaid, the Children's Health
25Insurance Program, TANF, or Food Stamps, excluding pupils who
26are eligible for services provided by the Department of

 

 

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1Children and Family Services, averaged over the 2 immediately
2preceding fiscal years for fiscal year 2004 and over the 3
3immediately preceding fiscal years for each fiscal year
4thereafter) divided by the Average Daily Attendance of the
5school district.
6    (2) Supplemental general State aid pursuant to this
7subsection (H) shall be provided as follows for the 1998-1999,
81999-2000, and 2000-2001 school years only:
9        (a) For any school district with a Low Income
10    Concentration Level of at least 20% and less than 35%, the
11    grant for any school year shall be $800 multiplied by the
12    low income eligible pupil count.
13        (b) For any school district with a Low Income
14    Concentration Level of at least 35% and less than 50%, the
15    grant for the 1998-1999 school year shall be $1,100
16    multiplied by the low income eligible pupil count.
17        (c) For any school district with a Low Income
18    Concentration Level of at least 50% and less than 60%, the
19    grant for the 1998-99 school year shall be $1,500
20    multiplied by the low income eligible pupil count.
21        (d) For any school district with a Low Income
22    Concentration Level of 60% or more, the grant for the
23    1998-99 school year shall be $1,900 multiplied by the low
24    income eligible pupil count.
25        (e) For the 1999-2000 school year, the per pupil amount
26    specified in subparagraphs (b), (c), and (d) immediately

 

 

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1    above shall be increased to $1,243, $1,600, and $2,000,
2    respectively.
3        (f) For the 2000-2001 school year, the per pupil
4    amounts specified in subparagraphs (b), (c), and (d)
5    immediately above shall be $1,273, $1,640, and $2,050,
6    respectively.
7    (2.5) Supplemental general State aid pursuant to this
8subsection (H) shall be provided as follows for the 2002-2003
9school year:
10        (a) For any school district with a Low Income
11    Concentration Level of less than 10%, the grant for each
12    school year shall be $355 multiplied by the low income
13    eligible pupil count.
14        (b) For any school district with a Low Income
15    Concentration Level of at least 10% and less than 20%, the
16    grant for each school year shall be $675 multiplied by the
17    low income eligible pupil count.
18        (c) For any school district with a Low Income
19    Concentration Level of at least 20% and less than 35%, the
20    grant for each school year shall be $1,330 multiplied by
21    the low income eligible pupil count.
22        (d) For any school district with a Low Income
23    Concentration Level of at least 35% and less than 50%, the
24    grant for each school year shall be $1,362 multiplied by
25    the low income eligible pupil count.
26        (e) 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 each school year shall be $1,680 multiplied by
3    the low income eligible pupil count.
4        (f) For any school district with a Low Income
5    Concentration Level of 60% or more, the grant for each
6    school year shall be $2,080 multiplied by the low income
7    eligible pupil count.
8    (2.10) Except as otherwise provided, supplemental general
9State aid pursuant to this subsection (H) shall be provided as
10follows for the 2003-2004 school year and each school year
11thereafter:
12        (a) For any school district with a Low Income
13    Concentration Level of 15% or less, the grant for each
14    school year shall be $355 multiplied by the low income
15    eligible pupil count.
16        (b) For any school district with a Low Income
17    Concentration Level greater than 15%, the grant for each
18    school year shall be $294.25 added to the product of $2,700
19    and the square of the Low Income Concentration Level, all
20    multiplied by the low income eligible pupil count.
21    For the 2003-2004 school year and each school year
22thereafter through the 2008-2009 school year only, the grant
23shall be no less than the grant for the 2002-2003 school year.
24For the 2009-2010 school year only, the grant shall be no less
25than the grant for the 2002-2003 school year multiplied by
260.66. For the 2010-2011 school year only, the grant shall be no

 

 

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1less than the grant for the 2002-2003 school year multiplied by
20.33. Notwithstanding the provisions of this paragraph to the
3contrary, if for any school year supplemental general State aid
4grants are prorated as provided in paragraph (1) of this
5subsection (H), then the grants under this paragraph shall be
6prorated.
7    For the 2003-2004 school year only, the grant shall be no
8greater than the grant received during the 2002-2003 school
9year added to the product of 0.25 multiplied by the difference
10between the grant amount calculated under subsection (a) or (b)
11of this paragraph (2.10), whichever is applicable, and the
12grant received during the 2002-2003 school year. For the
132004-2005 school year only, the grant shall be no greater than
14the grant received during the 2002-2003 school year added to
15the product of 0.50 multiplied by the difference between the
16grant amount calculated under subsection (a) or (b) of this
17paragraph (2.10), whichever is applicable, and the grant
18received during the 2002-2003 school year. For the 2005-2006
19school year only, the grant shall be no greater than the grant
20received during the 2002-2003 school year added to the product
21of 0.75 multiplied by the difference between the grant amount
22calculated under subsection (a) or (b) of this paragraph
23(2.10), whichever is applicable, and the grant received during
24the 2002-2003 school year.
25    (3) (Blank). School districts with an Average Daily
26Attendance of more than 1,000 and less than 50,000 that qualify

 

 

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1for supplemental general State aid pursuant to this subsection
2shall submit a plan to the State Board of Education prior to
3October 30 of each year for the use of the funds resulting from
4this grant of supplemental general State aid for the
5improvement of instruction in which priority is given to
6meeting the education needs of disadvantaged children. Such
7plan shall be submitted in accordance with rules and
8regulations promulgated by the State Board of Education.
9    (4) School districts with an Average Daily Attendance of
1050,000 or more that qualify for supplemental general State aid
11pursuant to this subsection shall be required to distribute
12from funds available pursuant to this Section, no less than
13$261,000,000 in accordance with the following requirements:
14        (a) The required amounts shall be distributed to the
15    attendance centers within the district in proportion to the
16    number of pupils enrolled at each attendance center who are
17    eligible to receive free or reduced-price lunches or
18    breakfasts under the federal Child Nutrition Act of 1966
19    and under the National School Lunch Act during the
20    immediately preceding school year.
21        (b) The distribution of these portions of supplemental
22    and general State aid among attendance centers according to
23    these requirements shall not be compensated for or
24    contravened by adjustments of the total of other funds
25    appropriated to any attendance centers, and the Board of
26    Education shall utilize funding from one or several sources

 

 

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1    in order to fully implement this provision annually prior
2    to the opening of school.
3        (c) Each attendance center shall be provided by the
4    school district a distribution of noncategorical funds and
5    other categorical funds to which an attendance center is
6    entitled under law in order that the general State aid and
7    supplemental general State aid provided by application of
8    this subsection supplements rather than supplants the
9    noncategorical funds and other categorical funds provided
10    by the school district to the attendance centers.
11        (d) Any funds made available under this subsection that
12    by reason of the provisions of this subsection are not
13    required to be allocated and provided to attendance centers
14    may be used and appropriated by the board of the district
15    for any lawful school purpose.
16        (e) Funds received by an attendance center pursuant to
17    this subsection shall be used by the attendance center at
18    the discretion of the principal and local school council
19    for programs to improve educational opportunities at
20    qualifying schools through the following programs and
21    services: early childhood education, reduced class size or
22    improved adult to student classroom ratio, enrichment
23    programs, remedial assistance, attendance improvement, and
24    other educationally beneficial expenditures which
25    supplement the regular and basic programs as determined by
26    the State Board of Education. Funds provided shall not be

 

 

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1    expended for any political or lobbying purposes as defined
2    by board rule.
3        (f) Each district subject to the provisions of this
4    subdivision (H)(4) shall submit an acceptable plan to meet
5    the educational needs of disadvantaged children, in
6    compliance with the requirements of this paragraph, to the
7    State Board of Education prior to July 15 of each year.
8    This plan shall be consistent with the decisions of local
9    school councils concerning the school expenditure plans
10    developed in accordance with part 4 of Section 34-2.3. The
11    State Board shall approve or reject the plan within 60 days
12    after its submission. If the plan is rejected, the district
13    shall give written notice of intent to modify the plan
14    within 15 days of the notification of rejection and then
15    submit a modified plan within 30 days after the date of the
16    written notice of intent to modify. Districts may amend
17    approved plans pursuant to rules promulgated by the State
18    Board of Education.
19        Upon notification by the State Board of Education that
20    the district has not submitted a plan prior to July 15 or a
21    modified plan within the time period specified herein, the
22    State aid funds affected by that plan or modified plan
23    shall be withheld by the State Board of Education until a
24    plan or modified plan is submitted.
25        If the district fails to distribute State aid to
26    attendance centers in accordance with an approved plan, the

 

 

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1    plan for the following year shall allocate funds, in
2    addition to the funds otherwise required by this
3    subsection, to those attendance centers which were
4    underfunded during the previous year in amounts equal to
5    such underfunding.
6        For purposes of determining compliance with this
7    subsection in relation to the requirements of attendance
8    center funding, each district subject to the provisions of
9    this subsection shall submit as a separate document by
10    December 1 of each year a report of expenditure data for
11    the prior year in addition to any modification of its
12    current plan. If it is determined that there has been a
13    failure to comply with the expenditure provisions of this
14    subsection regarding contravention or supplanting, the
15    State Superintendent of Education shall, within 60 days of
16    receipt of the report, notify the district and any affected
17    local school council. The district shall within 45 days of
18    receipt of that notification inform the State
19    Superintendent of Education of the remedial or corrective
20    action to be taken, whether by amendment of the current
21    plan, if feasible, or by adjustment in the plan for the
22    following year. Failure to provide the expenditure report
23    or the notification of remedial or corrective action in a
24    timely manner shall result in a withholding of the affected
25    funds.
26        The State Board of Education shall promulgate rules and

 

 

09700HB5826sam001- 50 -LRB097 19949 NHT 69292 a

1    regulations to implement the provisions of this
2    subsection. No funds shall be released under this
3    subdivision (H)(4) to any district that has not submitted a
4    plan that has been approved by the State Board of
5    Education.
 
6(I) (Blank).
 
7(J) (Blank).
 
8(K) Grants to Laboratory and Alternative Schools.
9    In calculating the amount to be paid to the governing board
10of a public university that operates a laboratory school under
11this Section or to any alternative school that is operated by a
12regional superintendent of schools, the State Board of
13Education shall require by rule such reporting requirements as
14it deems necessary.
15    As used in this Section, "laboratory school" means a public
16school which is created and operated by a public university and
17approved by the State Board of Education. The governing board
18of a public university which receives funds from the State
19Board under this subsection (K) may not increase the number of
20students enrolled in its laboratory school from a single
21district, if that district is already sending 50 or more
22students, except under a mutual agreement between the school
23board of a student's district of residence and the university

 

 

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1which operates the laboratory school. A laboratory school may
2not have more than 1,000 students, excluding students with
3disabilities in a special education program.
4    As used in this Section, "alternative school" means a
5public school which is created and operated by a Regional
6Superintendent of Schools and approved by the State Board of
7Education. Such alternative schools may offer courses of
8instruction for which credit is given in regular school
9programs, courses to prepare students for the high school
10equivalency testing program or vocational and occupational
11training. A regional superintendent of schools may contract
12with a school district or a public community college district
13to operate an alternative school. An alternative school serving
14more than one educational service region may be established by
15the regional superintendents of schools of the affected
16educational service regions. An alternative school serving
17more than one educational service region may be operated under
18such terms as the regional superintendents of schools of those
19educational service regions may agree.
20    Each laboratory and alternative school shall file, on forms
21provided by the State Superintendent of Education, an annual
22State aid claim which states the Average Daily Attendance of
23the school's students by month. The best 3 months' Average
24Daily Attendance shall be computed for each school. The general
25State aid entitlement shall be computed by multiplying the
26applicable Average Daily Attendance by the Foundation Level as

 

 

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1determined under this Section.
 
2(L) Payments, Additional Grants in Aid and Other Requirements.
3    (1) For a school district operating under the financial
4supervision of an Authority created under Article 34A, the
5general State aid otherwise payable to that district under this
6Section, but not the supplemental general State aid, shall be
7reduced by an amount equal to the budget for the operations of
8the Authority as certified by the Authority to the State Board
9of Education, and an amount equal to such reduction shall be
10paid to the Authority created for such district for its
11operating expenses in the manner provided in Section 18-11. The
12remainder of general State school aid for any such district
13shall be paid in accordance with Article 34A when that Article
14provides for a disposition other than that provided by this
15Article.
16    (2) (Blank).
17    (3) Summer school. Summer school payments shall be made as
18provided in Section 18-4.3.
 
19(M) Education Funding Advisory Board.
20    The Education Funding Advisory Board, hereinafter in this
21subsection (M) referred to as the "Board", is hereby created.
22The Board shall consist of 5 members who are appointed by the
23Governor, by and with the advice and consent of the Senate. The
24members appointed shall include representatives of education,

 

 

09700HB5826sam001- 53 -LRB097 19949 NHT 69292 a

1business, and the general public. One of the members so
2appointed shall be designated by the Governor at the time the
3appointment is made as the chairperson of the Board. The
4initial members of the Board may be appointed any time after
5the effective date of this amendatory Act of 1997. The regular
6term of each member of the Board shall be for 4 years from the
7third Monday of January of the year in which the term of the
8member's appointment is to commence, except that of the 5
9initial members appointed to serve on the Board, the member who
10is appointed as the chairperson shall serve for a term that
11commences on the date of his or her appointment and expires on
12the third Monday of January, 2002, and the remaining 4 members,
13by lots drawn at the first meeting of the Board that is held
14after all 5 members are appointed, shall determine 2 of their
15number to serve for terms that commence on the date of their
16respective appointments and expire on the third Monday of
17January, 2001, and 2 of their number to serve for terms that
18commence on the date of their respective appointments and
19expire on the third Monday of January, 2000. All members
20appointed to serve on the Board shall serve until their
21respective successors are appointed and confirmed. Vacancies
22shall be filled in the same manner as original appointments. If
23a vacancy in membership occurs at a time when the Senate is not
24in session, the Governor shall make a temporary appointment
25until the next meeting of the Senate, when he or she shall
26appoint, by and with the advice and consent of the Senate, a

 

 

09700HB5826sam001- 54 -LRB097 19949 NHT 69292 a

1person to fill that membership for the unexpired term. If the
2Senate is not in session when the initial appointments are
3made, those appointments shall be made as in the case of
4vacancies.
5    The Education Funding Advisory Board shall be deemed
6established, and the initial members appointed by the Governor
7to serve as members of the Board shall take office, on the date
8that the Governor makes his or her appointment of the fifth
9initial member of the Board, whether those initial members are
10then serving pursuant to appointment and confirmation or
11pursuant to temporary appointments that are made by the
12Governor as in the case of vacancies.
13    The State Board of Education shall provide such staff
14assistance to the Education Funding Advisory Board as is
15reasonably required for the proper performance by the Board of
16its responsibilities.
17    For school years after the 2000-2001 school year, the
18Education Funding Advisory Board, in consultation with the
19State Board of Education, shall make recommendations as
20provided in this subsection (M) to the General Assembly for the
21foundation level under subdivision (B)(3) of this Section and
22for the supplemental general State aid grant level under
23subsection (H) of this Section for districts with high
24concentrations of children from poverty. The recommended
25foundation level shall be determined based on a methodology
26which incorporates the basic education expenditures of

 

 

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1low-spending schools exhibiting high academic performance. The
2Education Funding Advisory Board shall make such
3recommendations to the General Assembly on January 1 of odd
4numbered years, beginning January 1, 2001.
 
5(N) (Blank).
 
6(O) References.
7    (1) References in other laws to the various subdivisions of
8Section 18-8 as that Section existed before its repeal and
9replacement by this Section 18-8.05 shall be deemed to refer to
10the corresponding provisions of this Section 18-8.05, to the
11extent that those references remain applicable.
12    (2) References in other laws to State Chapter 1 funds shall
13be deemed to refer to the supplemental general State aid
14provided under subsection (H) of this Section.
 
15(P) Public Act 93-838 and Public Act 93-808 make inconsistent
16changes to this Section. Under Section 6 of the Statute on
17Statutes there is an irreconcilable conflict between Public Act
1893-808 and Public Act 93-838. Public Act 93-838, being the last
19acted upon, is controlling. The text of Public Act 93-838 is
20the law regardless of the text of Public Act 93-808.
21(Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300,
22eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09;
2396-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff.

 

 

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111-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; revised
29-28-11.)
 
3    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
4    Sec. 18-12. Dates for filing State aid claims. The school
5board of each school district shall require teachers,
6principals, or superintendents to furnish from records kept by
7them such data as it needs in preparing and certifying to the
8State Superintendent of Education regional superintendent its
9school district report of claims provided in Sections 18-8.05
10through 18-9 as required by the State Superintendent of
11Education. The district claim shall be based on the latest
12available equalized assessed valuation and tax rates, as
13provided in Section 18-8.05 and shall use the average daily
14attendance as determined by the method outlined in Section
1518-8.05 and shall be certified and filed with the State
16Superintendent of Education regional superintendent by June 21
17for districts with an official school calendar end date before
18June 15 or within 2 weeks following the official school
19calendar end date for districts with a school year end date of
20June 15 or later. The regional superintendent shall certify and
21file with the State Superintendent of Education district State
22aid claims by July 1 for districts with an official school
23calendar end date before June 15 or no later than July 15 for
24districts with an official school calendar end date of June 15
25or later. Failure to so file by these deadlines constitutes a

 

 

09700HB5826sam001- 57 -LRB097 19949 NHT 69292 a

1forfeiture of the right to receive payment by the State until
2such claim is filed and vouchered for payment. The regional
3superintendent of schools shall certify the county report of
4claims by July 15; and the State Superintendent of Education
5shall voucher for payment those claims to the State Comptroller
6as provided in Section 18-11.
7    Except as otherwise provided in this Section, if any school
8district fails to provide the minimum school term specified in
9Section 10-19, the State aid claim for that year shall be
10reduced by the State Superintendent of Education in an amount
11equivalent to 1/176 or .56818% for each day less than the
12number of days required by this Code.
13    If the State Superintendent of Education determines that
14the failure to provide the minimum school term was occasioned
15by an act or acts of God, or was occasioned by conditions
16beyond the control of the school district which posed a
17hazardous threat to the health and safety of pupils, the State
18aid claim need not be reduced.
19    If a school district was is precluded from providing the
20minimum hours of instruction required for a full day of
21attendance due to an adverse weather condition or a condition
22beyond the control of the school district that posed poses a
23hazardous threat to the health and safety of students, then the
24partial day of attendance may be counted if (i) the school
25district has provided at least one hour of instruction prior to
26the closure of the school district, (ii) a school building has

 

 

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1provided at least one hour of instruction prior to the closure
2of the school building, or (iii) the normal start time of the
3school district was is delayed.
4    If, prior to providing any instruction, a school district
5must close one or more but not all school buildings after
6consultation with a local emergency response agency or due to a
7condition beyond the control of the school district that posed
8a hazardous threat to the health and safety of pupils, then the
9school district may claim attendance for up to 2 school days
10based on the average attendance of the 3 school days
11immediately preceding the closure of the affected school
12building. The partial or no day of attendance described in this
13Section and the reasons therefore shall be certified within a
14month of the closing or delayed start by the school district
15superintendent to the regional superintendent of schools for
16forwarding to the State Superintendent of Education for
17approval.
18    No exception to the requirement of providing a minimum
19school term may be approved by the State Superintendent of
20Education pursuant to this Section unless a school district has
21first used all emergency days provided for in its regular
22calendar.
23    If the State Superintendent of Education declares that an
24energy shortage exists during any part of the school year for
25the State or a designated portion of the State, a district may
26operate the school attendance centers within the district 4

 

 

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1days of the week during the time of the shortage by extending
2each existing school day by one clock hour of school work, and
3the State aid claim shall not be reduced, nor shall the
4employees of that district suffer any reduction in salary or
5benefits as a result thereof. A district may operate all
6attendance centers on this revised schedule, or may apply the
7schedule to selected attendance centers, taking into
8consideration such factors as pupil transportation schedules
9and patterns and sources of energy for individual attendance
10centers.
11    Electronically submitted State aid claims shall be
12submitted by duly authorized district or regional individuals
13over a secure network that is password protected. The
14electronic submission of a State aid claim must be accompanied
15with an affirmation that all of the provisions of Sections
1618-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
17all respects.
18(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
1995-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
 
20    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
21    Sec. 26-2a. A "truant" is defined as a child subject to
22compulsory school attendance and who is absent without valid
23cause from such attendance for a school day or portion thereof.
24    "Valid cause" for absence shall be illness, observance of a
25religious holiday, death in the immediate family, family

 

 

09700HB5826sam001- 60 -LRB097 19949 NHT 69292 a

1emergency, and shall include such other situations beyond the
2control of the student as determined by the board of education
3in each district, or such other circumstances which cause
4reasonable concern to the parent for the safety or health of
5the student.
6    "Chronic or habitual truant" shall be defined as a child
7who is subject to compulsory school attendance and who is
8absent without valid cause from such attendance for 5% or more
9of the previous 180 regular attendance days.
10    "Truant minor" is defined as a chronic truant to whom
11supportive services, including prevention, diagnostic,
12intervention and remedial services, alternative programs and
13other school and community resources have been provided and
14have failed to result in the cessation of chronic truancy, or
15have been offered and refused.
16    A "dropout" is defined as any child enrolled in grades one
179 through 12 whose name has been removed from the district
18enrollment roster for any reason other than the student's
19death, extended illness, removal for medical non-compliance,
20expulsion, aging out, graduation, or completion of a program of
21studies and who has not transferred to another public or
22private school or moved out of the United States and is not
23known to be home-schooled by his or her parents or guardians or
24continuing school in another country.
25    "Religion" for the purposes of this Article, includes all
26aspects of religious observance and practice, as well as

 

 

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1belief.
2(Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.)
 
3    (105 ILCS 5/27A-6)
4    Sec. 27A-6. Contract contents; applicability of laws and
5regulations.
6    (a) A certified charter shall constitute a binding contract
7and agreement between the charter school and a local school
8board under the terms of which the local school board
9authorizes the governing body of the charter school to operate
10the charter school on the terms specified in the contract.
11    (b) Notwithstanding any other provision of this Article,
12the certified charter may not waive or release the charter
13school from the State goals, standards, and assessments
14established pursuant to Section 2-3.64. Beginning with the
152003-2004 school year, the certified charter for a charter
16school operating in a city having a population exceeding
17500,000 shall require the charter school to administer any
18other nationally recognized standardized tests to its students
19that the chartering entity administers to other students, and
20the results on such tests shall be included in the chartering
21entity's assessment reports.
22    (c) Subject to the provisions of subsection (e), a material
23revision to a previously certified contract or a renewal shall
24be made with the approval of both the local school board and
25the governing body of the charter school.

 

 

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1    (c-5) The proposed contract shall include a provision on
2how both parties will address minor violations of the contract.
3    (d) The proposed contract between the governing body of a
4proposed charter school and the local school board as described
5in Section 27A-7 must be submitted to and certified by the
6State Board before it can take effect. If the State Board
7recommends that the proposed contract be modified for
8consistency with this Article before it can be certified, the
9modifications must be consented to by both the governing body
10of the charter school and the local school board, and
11resubmitted to the State Board for its certification. If the
12proposed contract is resubmitted in a form that is not
13consistent with this Article, the State Board may refuse to
14certify the charter.
15    The State Board shall assign a number to each submission or
16resubmission in chronological order of receipt, and shall
17determine whether the proposed contract is consistent with the
18provisions of this Article. If the proposed contract complies,
19the State Board shall so certify.
20    (e) In the case of a material revision to a previously
21certified contract or a renewal under subsection (c) of this
22Section, either party may request that the State Board certify
23that the material revision is consistent with the provisions of
24this Article. If such a request is made, the proposed material
25revision is not effective unless and until the State Board so
26certifies. No material revision to a previously certified

 

 

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1contract or a renewal shall be effective unless and until the
2State Board certifies that the revision or renewal is
3consistent with the provisions of this Article.
4(Source: P.A. 93-3, eff. 4-16-03.)
 
5    (105 ILCS 5/27A-7)
6    Sec. 27A-7. Charter submission.
7    (a) A proposal to establish a charter school shall be
8submitted to the State Board and the local school board in the
9form of a proposed contract entered into between the local
10school board and the governing body of a proposed charter
11school. The charter school proposal as submitted to the State
12Board shall include:
13        (1) The name of the proposed charter school, which must
14    include the words "Charter School".
15        (2) The age or grade range, areas of focus, minimum and
16    maximum numbers of pupils to be enrolled in the charter
17    school, and any other admission criteria that would be
18    legal if used by a school district.
19        (3) A description of and address for the physical plant
20    in which the charter school will be located; provided that
21    nothing in the Article shall be deemed to justify delaying
22    or withholding favorable action on or approval of a charter
23    school proposal because the building or buildings in which
24    the charter school is to be located have not been acquired
25    or rented at the time a charter school proposal is

 

 

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1    submitted or approved or a charter school contract is
2    entered into or submitted for certification or certified,
3    so long as the proposal or submission identifies and names
4    at least 2 sites that are potentially available as a
5    charter school facility by the time the charter school is
6    to open.
7        (4) The mission statement of the charter school, which
8    must be consistent with the General Assembly's declared
9    purposes; provided that nothing in this Article shall be
10    construed to require that, in order to receive favorable
11    consideration and approval, a charter school proposal
12    demonstrate unequivocally that the charter school will be
13    able to meet each of those declared purposes, it being the
14    intention of the Charter Schools Law that those purposes be
15    recognized as goals that charter schools must aspire to
16    attain.
17        (5) The goals, objectives, and pupil performance
18    standards to be achieved by the charter school.
19        (6) In the case of a proposal to establish a charter
20    school by converting an existing public school or
21    attendance center to charter school status, evidence that
22    the proposed formation of the charter school has received
23    the approval of certified teachers, parents and guardians,
24    and, if applicable, a local school council as provided in
25    subsection (b) of Section 27A-8.
26        (7) A description of the charter school's educational

 

 

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1    program, pupil performance standards, curriculum, school
2    year, school days, and hours of operation.
3        (8) A description of the charter school's plan for
4    evaluating pupil performance, the types of assessments
5    that will be used to measure pupil progress towards
6    achievement of the school's pupil performance standards,
7    the timeline for achievement of those standards, and the
8    procedures for taking corrective action in the event that
9    pupil performance at the charter school falls below those
10    standards.
11        (9) Evidence that the terms of the charter as proposed
12    are economically sound for both the charter school and the
13    school district, a proposed budget for the term of the
14    charter, a description of the manner in which an annual
15    audit of the financial and administrative operations of the
16    charter school, including any services provided by the
17    school district, are to be conducted, and a plan for the
18    displacement of pupils, teachers, and other employees who
19    will not attend or be employed in the charter school.
20        (10) A description of the governance and operation of
21    the charter school, including the nature and extent of
22    parental, professional educator, and community involvement
23    in the governance and operation of the charter school.
24        (11) An explanation of the relationship that will exist
25    between the charter school and its employees, including
26    evidence that the terms and conditions of employment have

 

 

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1    been addressed with affected employees and their
2    recognized representative, if any. However, a bargaining
3    unit of charter school employees shall be separate and
4    distinct from any bargaining units formed from employees of
5    a school district in which the charter school is located.
6        (12) An agreement between the parties regarding their
7    respective legal liability and applicable insurance
8    coverage.
9        (13) A description of how the charter school plans to
10    meet the transportation needs of its pupils, and a plan for
11    addressing the transportation needs of low-income and
12    at-risk pupils.
13        (14) The proposed effective date and term of the
14    charter; provided that the first day of the first academic
15    year and the first day of the fiscal year shall be no
16    earlier than August 15 and the first day of the fiscal year
17    shall be July 1 no later than September 15 of a calendar
18    year.
19        (15) Any other information reasonably required by the
20    State Board of Education.
21    (b) A proposal to establish a charter school may be
22initiated by individuals or organizations that will have
23majority representation on the board of directors or other
24governing body of the corporation or other discrete legal
25entity that is to be established to operate the proposed
26charter school, by a board of education or an intergovernmental

 

 

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1agreement between or among boards of education, or by the board
2of directors or other governing body of a discrete legal entity
3already existing or established to operate the proposed charter
4school. The individuals or organizations referred to in this
5subsection may be school teachers, school administrators,
6local school councils, colleges or universities or their
7faculty members, public community colleges or their
8instructors or other representatives, corporations, or other
9entities or their representatives. The proposal shall be
10submitted to the local school board for consideration and, if
11appropriate, for development of a proposed contract to be
12submitted to the State Board for certification under Section
1327A-6.
14    (c) The local school board may not without the consent of
15the governing body of the charter school condition its approval
16of a charter school proposal on acceptance of an agreement to
17operate under State laws and regulations and local school board
18policies from which the charter school is otherwise exempted
19under this Article.
20(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
 
21    (105 ILCS 5/34-8)  (from Ch. 122, par. 34-8)
22    Sec. 34-8. Powers and duties of general superintendent. The
23general superintendent of schools shall prescribe and control,
24subject to the approval of the board and to other provisions of
25this Article, the courses of study mandated by State law,

 

 

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1textbooks, educational apparatus and equipment, discipline in
2and conduct of the schools, and shall perform such other duties
3as the board may by rule prescribe. The superintendent shall
4also notify the State Board of Education, the board and the
5chief administrative official, other than the alleged
6perpetrator himself, in the school where the alleged
7perpetrator serves, that any person who is employed in a school
8or otherwise comes into frequent contact with children in the
9school has been named as a perpetrator in an indicated report
10filed pursuant to the Abused and Neglected Child Reporting Act,
11approved June 26, 1975, as amended.
12    The general superintendent may be granted the authority by
13the board to hire a specific number of employees to assist in
14meeting immediate responsibilities. Conditions of employment
15for such personnel shall not be subject to the provisions of
16Section 34-85.
17    The general superintendent may, pursuant to a delegation of
18authority by the board and Section 34-18, approve contracts and
19expenditures.
20    Pursuant to other provisions of this Article, sites shall
21be selected, schoolhouses located thereon and plans therefor
22approved, and textbooks and educational apparatus and
23equipment shall be adopted and purchased by the board only upon
24the recommendation of the general superintendent of schools or
25by a majority vote of the full membership of the board and, in
26the case of textbooks, subject to Article 28 of this Act. The

 

 

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1board may furnish free textbooks to pupils and may publish its
2own textbooks and manufacture its own apparatus, equipment and
3supplies.
4    In addition, each year at a time designated by the State
5Superintendent of Education in January of each year, the
6general superintendent of schools shall report to the State
7Board of Education the number of high school students in the
8district who are enrolled in accredited courses (for which high
9school credit will be awarded upon successful completion of the
10courses) at any community college, together with the name and
11number of the course or courses which each such student is
12taking.
13    The general superintendent shall also have the authority to
14monitor the performance of attendance centers, to identify and
15place an attendance center on remediation and probation, and to
16recommend to the board that the attendance center be placed on
17intervention and be reconstituted, subject to the provisions of
18Sections 34-8.3 and 8.4.
19    The general superintendent, or his or her designee, shall
20conduct an annual evaluation of each principal in the district
21pursuant to guidelines promulgated by the Board and the Board
22approved principal evaluation form. The evaluation shall be
23based on factors, including the following: (i) student academic
24improvement, as defined by the school improvement plan; (ii)
25student absenteeism rates at the school; (iii) instructional
26leadership; (iv) effective implementation of programs,

 

 

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1policies, or strategies to improve student academic
2achievement; (v) school management; and (vi) other factors,
3including, without limitation, the principal's communication
4skills and ability to create and maintain a student-centered
5learning environment, to develop opportunities for
6professional development, and to encourage parental
7involvement and community partnerships to achieve school
8improvement.
9    Effective no later than September 1, 2012, the general
10superintendent or his or her designee shall develop a written
11principal evaluation plan. The evaluation plan must be in
12writing and shall supersede the evaluation requirements set
13forth in this Section. The evaluation plan must do at least all
14of the following:
15        (1) Provide for annual evaluation of all principals
16    employed under a performance contract by the general
17    superintendent or his or her designee, no later than July
18    1st of each year.
19        (2) Consider the principal's specific duties,
20    responsibilities, management, and competence as a
21    principal.
22        (3) Specify the principal's strengths and weaknesses,
23    with supporting reasons.
24        (4) Align with research-based standards.
25        (5) Use data and indicators on student growth as a
26    significant factor in rating principal performance.

 

 

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1(Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
 
2    (105 ILCS 5/2-3.9 rep.)
3    (105 ILCS 5/2-3.10 rep.)
4    (105 ILCS 5/2-3.17 rep.)
5    (105 ILCS 5/2-3.60 rep.)
6    (105 ILCS 5/13B-35.10 rep.)
7    (105 ILCS 5/13B-35.15 rep.)
8    (105 ILCS 5/13B-35.20 rep.)
9    (105 ILCS 5/13B-40 rep.)
10    Section 10. The School Code is amended by repealing
11Sections 2-3.9, 2-3.10, 2-3.17, 2-3.60, 13B-35.10, 13B-35.15,
1213B-35.20, and 13B-40.
 
13    Section 15. The Critical Health Problems and Comprehensive
14Health Education Act is amended by changing Section 6 as
15follows:
 
16    (105 ILCS 110/6)  (from Ch. 122, par. 866)
17    Sec. 6. Rules and Regulations. In carrying out the powers
18and duties of the State Board of Education and the advisory
19committee established by this Act, the State Board is and such
20committee are authorized to promulgate rules and regulations in
21order to implement the provisions of this Act.
22(Source: P.A. 81-1508.)
 

 

 

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1    (105 ILCS 110/5 rep.)
2    Section 20. The Critical Health Problems and Comprehensive
3Health Education Act is amended by repealing Section 5.
 
4    (105 ILCS 215/Act rep.)
5    Section 25. The Chicago Community Schools Study Commission
6Act is repealed.".