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90_HB2396
SEE INDEX
Amends the Capital Development Board Act to revise the
Grant Index and eligibility standards for School Construction
and Debt Service Grants. Amends the General Obligation Bond
Act to increase the State's bonding authority by
$1,500,000,000 for school construction grants, the proceeds
from the sale of those bonds to be deposited into the School
Construction Fund. Amends the Telecommunications Excise Tax
Act to increase the tax from 5% to 6.5%. Also amends the
School Code. Creates the School Technology Revolving Loan
Program to provide for technology-related investment loans to
school districts on a revolving schedule of grade levels.
Rewrites the State aid formula for the 1998-99 and subsequent
school years and increases the foundation level grant formula
for the 1997-98 school year. Revises the teacher
certification system, providing for Initial, Standard, and
Master level certificates. Revises the IGAP program and the
promotion and retention policy for third, fifth, and eighth
grade students. Provides for both passing and excellent
scores on the Prairie State Achievement Examination and for
an attendance certificate (rather than a high school diploma)
for students who fail to earn a passing score. Increases the
probationary period for teachers first employed by a school
district on or after July 1, 1998 to 4 years. Authorizes
districts to contract with third parties for noninstructional
services. Provides for Professional Development and Early
Childhood Education Block Grants for school districts.
Amends and adds provisions relative to suspension and
expulsion, employment of non-certificated registered
professional nurses, honorable dismissal of educational
support personnel employees of any time during the school
year or at the end of the school year on 30 days' notice, and
multi-year superintendent and principal contracts. Provides
for an additional year of supplementary State aid for new and
certain annexing districts. Requires districts to establish a
no pass-no play policy for pupils in grades 9 through 12.
Makes numerous changes to the Charter Schools Law in the
School Code. Amends the Illinois Educational Labor Relations
Act to increase the advance notice of strike requirement to
10 days from 5 days. Creates the Comprehensive Property Tax
Study Commission to study the issue of reliance on local
property taxes to finance schools. Effective immediately.
LRB9007684THpkB
LRB9007684THpkB
1 AN ACT concerning education, creating and amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 5.
6 Section 5-5. The Capital Development Board Act is amended
7 by changing Sections 1A-3, 1A-5, and 1A-5.1 as follows:
8 (20 ILCS 3105/1A-3) (from Ch. 127, par. 783.3)
9 Sec. 1A-3. The Grant Index for any school district is
10 equal to one minus the ratio of the district's equalized
11 assessed valuation per pupil in weighted average daily
12 attendance to the equalized assessed valuation per pupil in
13 weighted average daily attendance of the district located at
14 the ninetieth percentile for all districts of the same type.
15 The Grant Index for any school district shall be no less than
16 0.35 .20 and no greater than 0.75 .70. Notwithstanding any
17 other provision of this Article, those districts with a Grant
18 Index that is at or above the ninety-ninth percentile for all
19 districts of the same type, as determined by the State Board
20 of Education, shall be deemed to have a Grant Index of 0.00
21 and shall not be eligible for a Planning Assistance grant,
22 School Construction Project grant, Debt Service grant, or any
23 other grant under this Article. The product of the
24 district's Grant Index and the Recognized Project Cost, as
25 determined by the Board, for an approved school construction
26 project equals the amount the Board shall expend on behalf of
27 the district; however, that amount for the purpose of a
28 special education school construction project shall be
29 reduced by the amount of unexpended State reimbursement
30 received under Section 14-13.02 of the School Code. The
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1 Grant Index shall not be used in cases where the General
2 Assembly and Governor approve appropriations designated for
3 specifically identified school district construction
4 projects.
5 (Source: P.A. 87-184.)
6 (20 ILCS 3105/1A-5) (from Ch. 127, par. 783.5)
7 Sec. 1A-5. The State Board of Education shall establish
8 eligibility standards for Planning Assistance grants, School
9 Construction Project grants and Debt Service grants. In
10 establishing such standards, the State Board of Education
11 shall consider the factors stated in Sections 35-6, 35-9 and
12 35-10 of the "The School Code", approved March 18, 1961, as
13 amended. Notwithstanding any other provision of this Article
14 or any other law of this State, no elementary school district
15 or high school district shall be eligible for a School
16 Construction Project grant unless that district has a minimum
17 student enrollment of 200 or more, and no unit school
18 district shall be eligible for a School Construction Project
19 grant unless that district has a minimum student enrollment
20 of 400 or more.
21 (Source: P.A. 79-1098.)
22 (20 ILCS 3105/1A-5.1) (from Ch. 127, par. 783.5-1)
23 Sec. 1A-5.1. Grants for debt service can only be used to
24 retire existing bonds, or for principal and interest payments
25 required to be made on outstanding bonds, that are issued by
26 a school district for capital facilities or for the
27 acquisition, development, construction, reconstruction,
28 rehabilitation, improvement, architectural planning, and
29 installation by a school district of capital facilities
30 consisting of buildings, structures, durable equipment, and
31 land for education purposes, or for principal and interest
32 payments required to be made on outstanding bonds issued for
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1 capital facilities by a school district pursuant to any
2 indenture, ordinance, resolution, agreement, or contract.
3 However, grants for debt service may be made under this
4 Article and used to retire existing bonds, or for principal
5 and interest payments required to be made on outstanding
6 bonds, that are issued for the purposes specified in this
7 Section only if those existing or outstanding bonds are
8 issued by a school district on or after January 1, 1996 and
9 before January 1, 1998 pursuant to an election at which a
10 proposition for the issuance of those bonds is approved by a
11 majority of the electors of the school district voting on the
12 proposition at a regular scheduled election. The grant Index
13 for a district times 10% 50% of the aggregate amount of the
14 principal and interest payments that are required to be paid
15 as they fall due over the entire life of the bonds in order
16 to fully pay and discharge the bonds at their maturity due
17 and payable during the applicant school district fiscal year
18 for which the application was filed equals the amount of the
19 debt service grant that the Board shall distribute to the
20 district. The full amount of the debt service grant shall be
21 distributed by the Board to the district as a one-time, lump
22 sum distribution in the fiscal year in which the district's
23 grant application is approved. Whenever grants for debt
24 service are used for principal and interest payments required
25 to be made on existing or outstanding bonds issued on or
26 after January 1, 1996 and before January 1, 1998 pursuant to
27 referendum as required by this Section, proper reduction of
28 taxes levied for the purpose of making payments on those
29 bonds shall be made by the County Clerk.
30 (Source: P. A. 78-223.)
31 Section 5-10. The General Obligation Bond Act is amended
32 by changing Sections 2 and 5 as follows:
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1 (30 ILCS 330/2) (from Ch. 127, par. 652)
2 (Text of Section before amendment by P.A. 90-8)
3 Sec. 2. Authorization for Bonds. The State of Illinois
4 is authorized to issue, sell and provide for the retirement
5 of General Obligation Bonds of the State of Illinois in the
6 total amount of $10,305,508,392 $8,805,508,392 herein called
7 "Bonds".
8 Of the total amount of bonds authorized above, up to
9 $2,200,000,000 in aggregate original principal amount may be
10 issued and sold in accordance with the Baccalaureate Savings
11 Act in the form of General Obligation College Savings Bonds.
12 Of the total amount of bonds authorized above, up to
13 $300,000,000 in aggregate original principal amount may be
14 issued and sold in accordance with the Retirement Savings Act
15 in the form of General Obligation Retirement Savings Bonds.
16 The issuance and sale of Bonds pursuant to the General
17 Obligation Bond Act is an economical and efficient method of
18 financing the capital needs of the State. This Act will
19 permit the issuance of a multi-purpose General Obligation
20 Bond with uniform terms and features. This will not only
21 lower the cost of registration but also reduce the overall
22 cost of issuing debt by improving the marketability of
23 Illinois General Obligation Bonds.
24 Bonds shall be issued for the categories and specific
25 purposes expressed in Sections 2 through 8 and Section 16 of
26 this Act.
27 (Source: P.A. 90-1, eff. 2-20-97.)
28 (Text of Section after amendment by P.A. 90-8)
29 Sec. 2. Authorization for Bonds. The State of Illinois
30 is authorized to issue, sell and provide for the retirement
31 of General Obligation Bonds of the State of Illinois in the
32 total amount of $10,472,708,392 $8,972,708,392 herein called
33 "Bonds".
34 Of the total amount of bonds authorized above, up to
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1 $2,200,000,000 in aggregate original principal amount may be
2 issued and sold in accordance with the Baccalaureate Savings
3 Act in the form of General Obligation College Savings Bonds.
4 Of the total amount of bonds authorized above, up to
5 $300,000,000 in aggregate original principal amount may be
6 issued and sold in accordance with the Retirement Savings Act
7 in the form of General Obligation Retirement Savings Bonds.
8 The issuance and sale of Bonds pursuant to the General
9 Obligation Bond Act is an economical and efficient method of
10 financing the capital needs of the State. This Act will
11 permit the issuance of a multi-purpose General Obligation
12 Bond with uniform terms and features. This will not only
13 lower the cost of registration but also reduce the overall
14 cost of issuing debt by improving the marketability of
15 Illinois General Obligation Bonds.
16 Bonds shall be issued for the categories and specific
17 purposes expressed in Sections 2 through 8 and Section 16 of
18 this Act.
19 (Source: P.A. 90-1, eff. 2-20-97; 90-8, eff. 6-1-98.)
20 (30 ILCS 330/5) (from Ch. 127, par. 655)
21 Sec. 5. School Construction.
22 (a) The amount of $1,558,450,000 $58,450,000 is
23 authorized to make grants to local school districts for the
24 acquisition, development, construction, reconstruction,
25 rehabilitation, improvement, financing, architectural
26 planning and installation of capital facilities, including
27 but not limited to those required for special education
28 building projects provided for in Article 14 of the School
29 Code, consisting of buildings, structures, and durable
30 equipment, and for the acquisition and improvement of real
31 property and interests in real property required, or expected
32 to be required, in connection therewith. Of the additional
33 $1,500,000,000 authorized by this amendatory Act of 1997 for
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1 grants to local school districts for the purposes specified
2 in this subsection, no more than 20% of that additional
3 amount shall be used for making grants under this subsection
4 to a school district with a population exceeding 500,000 that
5 is organized under Article 34 of the School Code, and not
6 more than 80% of that additional amount shall be used for
7 making grants under this subsection to all other school
8 districts in the State.
9 (b) $22,550,000, or so much thereof as may be necessary,
10 for grants to school districts for the making of principal
11 and interest payments, required to be made, on bonds issued
12 by such school districts after January 1, 1969, pursuant to
13 any indenture, ordinance, resolution, agreement or contract
14 to provide funds for the acquisition, development,
15 construction, reconstruction, rehabilitation, improvement,
16 architectural planning and installation of capital facilities
17 consisting of buildings, structures, durable equipment and
18 land for educational purposes or for lease payments required
19 to be made by a school district for principal and interest
20 payments on bonds issued by a Public Building Commission
21 after January 1, 1969.
22 (c) $10,000,000 for grants to school districts for the
23 acquisition, development, construction, reconstruction,
24 rehabilitation, improvement, architectural planning and
25 installation of capital facilities consisting of buildings
26 structures, durable equipment and land for special education
27 building projects.
28 (d) $9,000,000 for grants to school districts for the
29 reconstruction, rehabilitation, improvement, financing and
30 architectural planning of capital facilities, including
31 construction at another location to replace such capital
32 facilities, consisting of those public school buildings and
33 temporary school facilities which, prior to January 1, 1984,
34 were condemned by the regional superintendent under Section
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1 3-14.22 of The School Code or by any State official having
2 jurisdiction over building safety.
3 (Source: P.A. 84-1227.)
4 Section 5-15. The Telecommunications Excise Tax Act is
5 amended by changing Sections 3 and 4 as follows:
6 (35 ILCS 630/3) (from Ch. 120, par. 2003)
7 Sec. 3. Until December 31, 1997, a tax is imposed upon
8 the act or privilege of originating or receiving intrastate
9 telecommunications by a person in this State at the rate of
10 5% of the gross charge for such telecommunications purchased
11 at retail from a retailer by such person. Beginning January
12 1, 1998, a tax is imposed upon the act or privilege of
13 originating in this State or receiving in this State
14 intrastate telecommunications by a person in this State at
15 the rate of 6.5% of the gross charge for such
16 telecommunications purchased at retail from a retailer by
17 such person. However, such tax is not imposed on the act or
18 privilege to the extent such act or privilege may not, under
19 the Constitution and statutes of the United States, be made
20 the subject of taxation by the State.
21 (Source: P.A. 84-1295.)
22 (35 ILCS 630/4) (from Ch. 120, par. 2004)
23 Sec. 4. Until December 31, 1997, a tax is imposed upon
24 the act or privilege of originating in this State or
25 receiving in this State interstate telecommunications by a
26 person in this State at the rate of 5% of the gross charge
27 for such telecommunications purchased at retail from a
28 retailer by such person. Beginning January 1, 1998, a tax is
29 imposed upon the act or privilege of originating in this
30 State or receiving in this State interstate
31 telecommunications by a person in this State at the rate of
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1 6.5% of the gross charge for such telecommunications
2 purchased at retail from a retailer by such person. To
3 prevent actual multi-state taxation of the act or privilege
4 that is subject to taxation under this paragraph, any
5 taxpayer, upon proof that that taxpayer has paid a tax in
6 another state on such event, shall be allowed a credit
7 against the tax imposed in this Section 4 to the extent of
8 the amount of such tax properly due and paid in such other
9 state. However, such tax is not imposed on the act or
10 privilege to the extent such act or privilege may not, under
11 the Constitution and statutes of the United States, be made
12 the subject of taxation by the State.
13 (Source: P.A. 84-1295.)
14 Section 5-20. The School Code is amended by changing
15 Sections 1A-2, 1B-8, 1C-2, 2-3.51.5, 2-3.64, 7-11, 10-20.9a,
16 10-22.6, 10-22.20, 10-22.23, 10-22.23a, 10-22.33B, 10-23.5,
17 10-23.8, 10-23.8a, 18-4.3, 18-8, 18-8.2, 18-8.4, 21-1a, 21-2,
18 21-2.1, 21-2a, 21-3, 21-4, 21-5, 21-5a, 21-5b, 21-10,
19 21-11.1, 21-11.3, 21-11.4, 21-14, 24-11, 24-12, 27A-2, 27A-7,
20 27A-8, 27A-9, 27A-11, 29-5, 34-8.4, 34-18, and 34-84 and
21 adding Sections 2-3.117a, 10-20.30, 10-22.34c, 18-8.05,
22 21-5c, 21-5d, 27-23.6, and 34-18.17 as follows:
23 (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
24 Sec. 1A-2. Qualifications. The members of the State
25 Board of Education shall be citizens of the United States and
26 residents of the State of Illinois and shall be selected as
27 far as may be practicable on the basis of their knowledge of,
28 or interest and experience in, problems of public education.
29 No member of the State Board of Education shall be gainfully
30 employed or administratively connected with any school
31 system, nor have any interest in or benefit from funds
32 provided by the State Board of Education to an or institution
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1 of higher learning, public or private, within Illinois, nor
2 shall they be members of a school board or board of school
3 trustees of a public or nonpublic school, college, university
4 or technical institution within Illinois. No member shall
5 be appointed to more than 2 six year terms. Members shall be
6 reimbursed for all ordinary and necessary expenses incurred
7 in performing their duties as members of the Board. Expenses
8 shall be approved by the Board and be consistent with the
9 laws, policies, and requirements of the State of Illinois
10 regarding such expenditures, plus any member may include in
11 his claim for expenses $50 per day for meeting days.
12 (Source: P.A. 80-1513.)
13 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
14 Sec. 1B-8. There is created in the State Treasury a
15 special fund to be known as the School District Emergency
16 Financial Assistance Fund (the "Fund"). The School District
17 Emergency Financial Assistance Fund shall consist of
18 appropriations, grants from the federal government and
19 donations from any public or private source. Moneys in the
20 Fund may be appropriated only to the State Board for the
21 purposes of this Article. The appropriation may be allocated
22 and expended by the State Board as loans to school districts
23 which are the subject of an approved petition for emergency
24 financial assistance under Section 1B-4. From the amount
25 allocated to each such school district the State Board shall
26 identify a sum sufficient to cover all approved costs of the
27 Financial Oversight Panel established for the respective
28 school district. If the State Board and State Superintendent
29 of Education have not approved emergency financial assistance
30 in conjunction with the appointment of a Financial Oversight
31 Panel, the Panel's approved costs shall be paid from
32 deductions from the district's general State aid.
33 The Financial Oversight Panel may prepare and file with
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1 the State Superintendent a proposal for emergency financial
2 assistance for the school district and for the operations
3 budget of the Panel. No expenditures shall be authorized by
4 the State Superintendent until he has approved the proposal
5 of the Panel, either as submitted or in such lesser amount
6 determined by the State Superintendent.
7 The maximum amount of emergency financial assistance
8 which may be allocated to any school district under this
9 Article, including moneys necessary for the operations of the
10 Panel, shall not exceed $1000 times the number of pupils
11 enrolled in the school district during the school year ending
12 June 30 prior to the date of approval by the State Board of
13 the petition for emergency financial assistance, as certified
14 to the local board and the Panel by the State Superintendent.
15 The payment of emergency State financial assistance shall
16 be subject to appropriation by the General Assembly.
17 Emergency State financial assistance allocated and paid to a
18 school district under this Article may be applied to any fund
19 or funds from which the local board of education of that
20 district is authorized to make expenditures by law.
21 Any emergency financial assistance proposed by the
22 Financial Oversight Panel and approved by the State
23 Superintendent may be paid in its entirety during the initial
24 year of the Panel's existence or spread in equal or declining
25 amounts over a period of years not to exceed the period of
26 the Panel's existence. All payments made from the School
27 District Emergency Financial Assistance Fund for a school
28 district shall be required to be repaid, with simple interest
29 at the rate of 4%, not later than the date the Financial
30 Oversight Panel ceases to exist. The Panel shall establish
31 and the State Superintendent shall approve the terms and
32 conditions, including the schedule, of repayments. The
33 schedule shall provide for repayments commencing July 1 of
34 each year. Repayment shall be incorporated into the annual
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1 budget of the school district and may be made from any fund
2 or funds of the district in which there are moneys available.
3 When moneys are repaid as provided herein they shall not be
4 made available to the local board for further use as
5 emergency financial assistance under this Article at any time
6 thereafter. All repayments required to be made by a school
7 district shall be received by the State Board and deposited
8 in the School District Emergency Financial Assistance Fund.
9 In establishing the terms and conditions for the
10 repayment obligation of the school district the Panel shall
11 annually determine whether a separate local property tax levy
12 is required. The board of any school district with a tax
13 rate for educational purposes for the prior year of less than
14 120% of the maximum rate for educational purposes authorized
15 by Section 17-2 shall provide for a separate tax levy for
16 emergency financial assistance repayment purposes. Such tax
17 levy shall not be subject to referendum approval. The amount
18 of the levy shall be equal to the amount necessary to meet
19 the annual repayment obligations of the district as
20 established by the Panel, or 20% of the amount levied for
21 educational purposes for the prior year, whichever is less.
22 However, no district shall be required to levy the tax if the
23 district's operating tax rate as determined under
24 subparagraph (A)(5)(b) of Section 18-8 or 18-8.05 exceeds
25 200% of the district's tax rate for educational purposes for
26 the prior year.
27 (Source: P.A. 88-618, eff. 9-9-94.)
28 (105 ILCS 5/1C-2)
29 Sec. 1C-2. Block grants.
30 (a) For fiscal year 1999, and each fiscal year
31 thereafter, the State Board of Education shall award to
32 school districts block grants as described in subsections (b)
33 and (c). The State Board of Education may adopt rules and
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1 regulations necessary to implement this Section.
2 (b) A Professional Development Block Grant shall be
3 created by combining the existing School Improvement Block
4 Grant, the REI Initiative, and the Leadership Development
5 Institute. The State Board of Education may make grants to
6 community organizations, institutions of higher learning, and
7 other entities on a competitive basis. The remainder of the
8 funds shall be distributed to school districts based on the
9 number of instructional and related services staff employed
10 in the district.
11 (c) An Early Childhood Education Block Grant shall be
12 created by combining the following programs: Preschool
13 Education, Parental Training and Prevention Initiative.
14 These funds shall be distributed to school districts and
15 other entities on a competitive basis. Six percent of this
16 grant shall be used to fund programs for children ages 0-3.
17 From appropriations made for block grant purposes, the State
18 Board of Education is authorized to award funds to eligible
19 recipients upon application. Semiannual installment payments
20 shall be made and semiannual expenditure reports shall be
21 required.
22 (Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95.)
23 (105 ILCS 5/2-3.51.5)
24 Sec. 2-3.51.5. School Safety and Educational Improvement
25 Block Grant Program. To improve the level of education and
26 safety of students from kindergarten through grade 12 in
27 school districts. The State Board of Education is authorized
28 to fund a School Safety and Educational Improvement Block
29 Grant Program.
30 (1) The program shall provide funding for school safety,
31 textbooks and software, teacher training and curriculum
32 development, school improvements, and remediation programs
33 under subsection (a) of Section 2-3.64. A school district or
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1 laboratory school as defined in subsection B of Section 18-8
2 or 18-8.05 is not required to file an application in order
3 to receive the categorical funding to which it is entitled
4 under this Section. Funds for the School Safety and
5 Educational Improvement Block Grant Program shall be
6 distributed to school districts and laboratory schools based
7 on the prior year's best 3 months average daily attendance.
8 The State Board of Education shall promulgate rules and
9 regulations necessary for the implementation of this program.
10 (2) Distribution of moneys to school districts shall be
11 made in 2 semi-annual installments, one payment on or before
12 October 30, and one payment prior to April 30, of each fiscal
13 year.
14 (3) Grants under the School Safety and Educational
15 Improvement Block Grant Program shall be awarded provided
16 there is an appropriation for the program, and funding levels
17 for each district shall be prorated according to the amount
18 of the appropriation.
19 (Source: P.A. 89-610, eff. 8-6-96.)
20 (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
21 Sec. 2-3.64. State goals and assessment.
22 (a) Beginning in the 1992-93 school year, the State
23 Board of Education shall establish standards and annually,
24 through the 1997-1998 school year, assess the performance
25 of: (i) all pupils enrolled in the 3rd, 6th, 8th, and 10th
26 grades in language arts (reading and writing) and
27 mathematics; and (ii) all pupils enrolled in the 4th, 7th,
28 and 11th grades in the biological, physical, and social
29 sciences. Beginning in the 1995-96 school year, the State
30 Board of Education shall establish standards and periodically
31 conduct, through the 1997-1998 school year, studies of
32 student performance in the learning areas of fine arts and
33 physical development/health. Beginning with the 1998-1999
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1 school year, the State Board of Education shall annually
2 assess the performance of all pupils enrolled in the 3rd, and
3 5th, and 8th grades in the basic subjects of reading,
4 writing, and mathematics. The State Board of Education shall
5 establish, in final form and within one year after the
6 effective date of this amendatory Act of 1996, the academic
7 standards that are to be applicable to pupils who are subject
8 to State assessment under this Section beginning with the
9 1998-1999 school year. However, the State Board of Education
10 shall not establish any such standards in final form without
11 first providing opportunities for public participation and
12 local input in the development of the final academic
13 standards. Those opportunities shall include a
14 well-publicized period of public comment, public hearings
15 throughout the State, and opportunities to file written
16 comments. Beginning with the 1998-99 school year and
17 thereafter, pupils in the 3rd, grade or 5th, or 8th grade
18 who, by their performance on the State assessment tests in
19 reading, writing, or mathematics or by teacher judgement,
20 demonstrate a proficiency level in any of those basic
21 subjects comparable to the average pupil performance 2 or
22 more grades below their current placement shall be retained
23 in that placement for the ensuing school year without being
24 promoted to the next higher grade level, unless under the
25 provisions of subsection (b) or (j) of Section 27-23.6 they
26 qualify for promotion or are exempted from the requirement
27 that they be retained in their current placement without
28 promotion for the ensuing school year. be provided a
29 remediation program developed by the district in consultation
30 with a parent or guardian. Such remediation programs may
31 include, but shall not be limited to, increased or
32 concentrated instructional time, a remedial summer school
33 program of not less than 90 hours, improved instructional
34 approaches, tutorial sessions, retention in grade, and
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1 modifications to instructional materials. Each pupil for whom
2 a remediation program is developed under this subsection
3 shall be required to enroll in and attend whatever program
4 the district determines is appropriate for the pupil.
5 Districts may combine students in remediation programs where
6 appropriate and may cooperate with other districts in the
7 design and delivery of those programs. The parent or
8 guardian of a student required to attend a remediation
9 program under this Section shall be given written notice of
10 that requirement by the school district a reasonable time
11 prior to commencement of the remediation program that the
12 student is to attend. The State shall be responsible for
13 providing school districts with the new and additional
14 funding, under Section 2-3.51.5 or by other or additional
15 means, that is required to enable the districts to operate
16 remediation programs for the pupils who are required to
17 enroll in and attend those programs under this Section. Every
18 individualized educational program as described in Article 14
19 shall identify if the State test or components thereof are
20 appropriate for that student. For those pupils for whom the
21 State test or components thereof are not appropriate, the
22 State Board of Education shall develop rules and regulations
23 governing the administration of alternative assessments
24 prescribed within each student's individualized educational
25 program which are appropriate to the disability of each
26 student. All pupils who are in a State approved transitional
27 bilingual education program or transitional program of
28 instruction shall participate in the State assessment. Any
29 student who has been enrolled in a State approved bilingual
30 education program less than 3 academic years shall be
31 exempted if the student's lack of English as determined by an
32 English language proficiency test would keep the student from
33 understanding the test, and that student's district shall
34 have an alternative assessment program in place for that
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1 student. The State Board of Education shall appoint a task
2 force of concerned parents, teachers, school administrators
3 and other professionals to assist in identifying such
4 alternative assessment programs. Reasonable accommodations as
5 prescribed by the State Board of Education shall be provided
6 for individual students in the assessment procedure. All
7 assessment procedures prescribed by the State Board of
8 Education shall require: (i) that each test used for State
9 and local student assessment testing under this Section
10 identify by name the pupil taking the test; (ii) that the
11 name of the pupil taking the test be placed on the test at
12 the time the test is taken; (iii) that the results or scores
13 of each test taken under this Section by a pupil of the
14 school district be reported to that district and identify by
15 name the pupil who received the reported results of scores;
16 and (iv) that the results or scores of each test taken under
17 this Section be made available to the parents of the pupil.
18 In addition, beginning with the 1998-1999 school year and in
19 each school year thereafter, all scores received by a student
20 on the Illinois Goals and Assessment Program tests
21 administered by the State Board of Education under this
22 Section and, beginning with the 1999-2000 school year and in
23 each school year thereafter, on the Prairie State Achievement
24 Examination administered under subsection (c) of this Section
25 shall become part of the student's permanent record and shall
26 be entered therein pursuant to regulations that the State
27 Board of Education shall promulgate for that purpose in
28 accordance with Section 3 and subsection (e) of Section 2 of
29 the Illinois School Student Records Act. The State Board of
30 Education shall establish a common month in each school year
31 for which State testing shall occur to meet the objectives of
32 this Section. However, if the schools of a district are
33 closed and classes are not scheduled during any week that is
34 established by the State Board of Education as the week of
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1 the month when State testing under this Section shall occur,
2 the school district may administer the required State testing
3 at any time up to 2 weeks following the week established by
4 the State Board of Education for the testing, so long as the
5 school district gives the State Board of Education written
6 notice of its intention to deviate from the established
7 schedule by January 2 of the year in which falls the week
8 established by the State Board of Education for the testing.
9 The maximum time allowed for all actual testing required
10 under this subsection during the school year shall not exceed
11 25 hours as allocated among the required tests by the State
12 Board of Education.
13 (a-5) The State Board of Education shall review the
14 current assessment testing schedule applicable under
15 subsection (a) on the effective date of this amendatory Act
16 of 1996 and submit a plan to the General Assembly, on or
17 before December 31, 1996, to increase the effectiveness of
18 the State assessment tests administered under that subsection
19 with respect to student diagnosis and to reduce the amount of
20 classroom time spent administering those tests. The General
21 Assembly may enact the recommendations made by the State
22 Board of Education to maximize effectiveness and minimize the
23 hours and grade levels of testing.
24 (b) It shall be the policy of the State to encourage
25 school districts to continuously assess pupil proficiency.
26 Each district's school improvement plan must address specific
27 activities the district intends to implement to assist pupils
28 who by teacher judgement and assessment results as prescribed
29 in subsection (a) of this Section demonstrate that they are
30 not meeting State goals or local objectives. Such activities
31 may include, but shall not be limited to, summer school,
32 extended school day, special homework, tutorial sessions,
33 modified instructional materials, other modifications in the
34 instructional program, reduced class size or retention in
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1 grade. To assist school districts in assessing pupil
2 proficiency in reading in the primary grades, the State Board
3 shall make optional reading inventories for diagnostic
4 purposes available to each school district that requests such
5 assistance. Districts that administer the reading
6 inventories may develop remediation programs for students who
7 perform in the bottom half of the student population. Those
8 remediation programs may be funded by moneys provided under
9 the School Safety and Educational Improvement Block Grant
10 Program established under Section 2-3.51.5. Nothing in this
11 Section shall prevent school districts from implementing,
12 subject to the provisions of Section 27-23.6 with respect to
13 third grade, fifth grade, and eighth grade students, testing
14 and remediation policies for grades not required under this
15 Section.
16 (c) Beginning with the 1999-2000 school year, each
17 school district that operates a high school program for
18 students in grades 9 through 12 shall administer a Prairie
19 State Achievement Examination each year to its 12th grade
20 students. The Prairie State Achievement Examination shall
21 measure student performance in the 5 fundamental academic
22 areas of reading, writing, mathematics, science, and social
23 studies. The State Board of Education shall establish the
24 academic standards that are to apply in measuring student
25 performance on the Prairie State Achievement Examination in
26 those 5 fundamental academic areas, including the minimum
27 examination score that will qualify for purposes of this
28 Section as a score that is excellent and the minimum
29 examination score that will qualify as a score that is
30 passing. A student whose score on the Prairie State
31 Achievement Examination is determined to be excellent by the
32 State Board of Education shall receive the Prairie State
33 Achievement Award from the State in recognition of the
34 student's excellent performance. Each 12th grade student,
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1 exclusive of a student whose individualized educational
2 program developed under Article 14 does not identify the
3 Prairie State Achievement Examination as appropriate for the
4 student, shall be required to take the examination, which
5 each school district shall administer to its 12th grade
6 students in January of each school year. The Prairie State
7 Achievement Examination shall be administered by each school
8 district a second time, in March of each school year, for
9 those 12th grade students who fail to receive a score on the
10 January examination that is passing or that would qualify
11 them to receive the Prairie State Achievement Award and who
12 elect to take the March examination for the purpose of
13 attempting to earn a passing score or a score that will
14 qualify them to receive the Prairie State Achievement that
15 Award. Personnel of the school attended by a pupil who fails
16 to earn a score that is excellent or passing on the Prairie
17 State Achievement Examination in January shall work with that
18 pupil with the goal of enabling the pupil to earn a score
19 that is excellent or passing when he or she is afforded the
20 opportunity to take the examination again in March. Students
21 who will graduate from high school before entering grade 12
22 shall take the Prairie State Achievement Examination during
23 the school year in which they will graduate from high school.
24 Students receiving special education services whose
25 individualized educational programs do not identify the
26 Prairie State Achievement Examination as appropriate for them
27 nevertheless shall have the option of taking the examination,
28 which shall be administered to those students in accordance
29 with standards adopted by the State Board of Education to
30 accommodate the respective disabilities of those students. A
31 pupil who fails to attain a passing score on the Prairie
32 State Achievement Examination at either the January or March
33 examination shall be issued an attendance certificate instead
34 of a high school diploma. An attendance certificate
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1 certifies that a high school student has completed 4 years of
2 high school education. A person who receives an attendance
3 certificate may, at his or her own expense, apply for testing
4 in accordance with Section 3-15.12 that will qualify him or
5 her for a GED certificate. The scores received by a student
6 on the Prairie State Achievement Examination shall become
7 part of the student's permanent record and shall be entered
8 therein pursuant to regulations that the State Board of
9 Education shall promulgate for that purpose in accordance
10 with Section 3 and subsection (e) of Section 2 of the
11 Illinois School Student Records Act. A student who
12 successfully completes all other applicable high school
13 graduation requirements but fails to receive a score on the
14 Prairie State Achievement Examination that qualifies the
15 student for receipt of the Prairie State Achievement Award
16 shall nevertheless qualify for the receipt of a regular high
17 school diploma.
18 (Source: P.A. 88-192; 88-227; 88-670, eff. 12-2-94; 88-686,
19 eff. 1-24-95; 89-610, eff. 8-6-96.)
20 (105 ILCS 5/2-3.117a new)
21 Sec. 2-3.117a. School Technology Revolving Loan Program.
22 The School Technology Revolving Loan Program is hereby
23 created. The program shall be implemented and administered
24 by the State Board of Education for the 1998-1999 and
25 subsequent school years.
26 From appropriations made to the State Board of Education
27 for purposes of this Section, the State Board of Education
28 shall make loans to school districts to be used by those
29 districts for technology-related investments. For purposes
30 of this Section, technology-related investments means
31 investments that are made by a school district to acquire
32 computer hardware, software, optical media networks, and
33 related wiring. Loans for technology-related investments
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1 shall be made pursuant to appropriation on a revolving
2 schedule of grade levels as follows:
3 (i) technology investment loans serving kindergarten
4 through grade 4 shall be made during the 1998-1999 school
5 year and every third school year thereafter;
6 (ii) technology investment loans serving grades 5
7 through 8 shall be made during the 1999-2000 school year and
8 every third school year thereafter; and
9 (iii) technology investment loans serving grades 9
10 through 12 shall be made during the 2000-2001 school year and
11 every third school year thereafter.
12 Loans made to school districts under this Section shall
13 be repayable with interest and on such terms and in such
14 installments as the State Board of Education shall by rule
15 provide, except that the term of a technology investment loan
16 shall not exceed 3 years, and the interest payable on the
17 loan shall not exceed the rate per annum payable on a
18 judgment when the judgment debtor is a unit of local
19 government, as provided under Section 2-1301 of the Code of
20 Civil Procedure.
21 All loan repayments shall be paid over and transmitted as
22 received by the State Board of Education to the State
23 Treasurer for deposit into the General Revenue Fund.
24 A school district whose equalized assessed valuation per
25 pupil is at or above the ninety-ninth percentile for all
26 school districts of the same type, as determined by the State
27 Board of Education, shall not be eligible to apply for and
28 shall not be approved for a loan under this Section.
29 The form of application which school districts shall
30 complete to apply for a loan and the criteria for the award
31 of loans on a revolving schedule of grade levels as provided
32 by this Section shall be determined by the State Board of
33 Education. Criteria that the State Board of Education may
34 consider in awarding loans may include a district's average
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1 daily attendance, its average daily attendance compared to
2 its student enrollment, the ability and willingness of the
3 district to contribute financially to the acquisition of
4 technology-related investments, and the district's need for
5 additional technology-related investments.
6 The State Board of Education shall adopt such rules as
7 are necessary to implement and administer the provisions of
8 this Section, including rules regulating the procedure for
9 the payment and collection of amounts due on loans that are
10 in default.
11 (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
12 Sec. 7-11. Annexation of dissolved non-operating
13 districts. If any school district has become dissolved as
14 provided in Section 5-32, or if a petition for dissolution is
15 filed under subsection (b) of Section 7-2a, the regional
16 board of school trustees shall attach the territory of such
17 dissolved district to one or more districts and, if the
18 territory is added to 2 or more districts, shall divide the
19 property of the dissolved district among the districts to
20 which its territory is added, in the manner provided for the
21 division of property in case of the organization of a new
22 district from a part of another district. The regional board
23 of school trustees of the region in which the regional
24 superintendent has supervision over the school district that
25 is dissolved shall have all power necessary to annex the
26 territory of the dissolved district as provided in this
27 Section, including the power to attach the territory to a
28 school district under the supervision of the regional
29 superintendent of another educational service region. The
30 annexation of the territory of a dissolved school district
31 under this Section shall entitle the school districts
32 involved in the annexation to payments from the State Board
33 of Education under subsection (A)(5)(m) of Section 18-8 or
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1 subsection (I) of Section 18-8.05 and under Sections 18-8.2
2 and 18-8.3 in the same manner and to the same extent
3 authorized in the case of other annexations under this
4 Article. Other provisions of this Article 7 of The School
5 Code shall apply to and govern dissolutions and annexations
6 under this Section and Section 7-2a, except that it is the
7 intent of the General Assembly that in the case of conflict
8 the provisions of this Section and Section 7-2a shall control
9 over the other provisions of this Article.
10 The regional board of school trustees shall give notice
11 of a hearing, to be held not less than 50 days nor more than
12 70 days after a school district is dissolved under Section
13 5-32 or a petition is filed under subsection (b) of Section
14 7-2a, on the disposition of the territory of such school
15 district by publishing a notice thereof at least once each
16 week for 2 successive weeks in at least one newspaper having
17 a general circulation within the area of the territory
18 involved. At such hearing, the regional board of school
19 trustees shall hear evidence as to the school needs and
20 conditions of the territory and of the area within and
21 adjacent thereto, and shall take into consideration the
22 educational welfare of the pupils of the territory and the
23 normal high school attendance pattern of the children. In the
24 case of an elementary school district if all the eighth grade
25 graduates of such district customarily attend high school in
26 the same high school district, the regional board of school
27 trustees shall, unless it be impossible because of the
28 restrictions of a special charter district, annex the
29 territory of the district to a contiguous elementary school
30 district whose eighth grade graduates customarily attend that
31 high school, and that has an elementary school building
32 nearest to the center of the territory to be annexed, but if
33 such eighth grade graduates customarily attend more than one
34 high school the regional board of school trustees shall
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1 determine the attendance pattern of such graduates and divide
2 the territory of the district among the contiguous elementary
3 districts whose graduates attend the same respective high
4 schools.
5 The decision of the regional board of school trustees in
6 such matter shall be issued within 10 days after the
7 conclusion of the hearing and deemed an "administrative
8 decision" as defined in Section 3-101 of the Code of Civil
9 Procedure and any resident who appears at the hearing or any
10 petitioner may within 10 days after a copy of the decision
11 sought to be reviewed was served by registered mail upon the
12 party affected thereby file a complaint for the judicial
13 review of such decision in accordance with the
14 "Administrative Review Law", and all amendments and
15 modifications thereof and the rules adopted pursuant thereto.
16 The commencement of any action for review shall operate as a
17 stay of enforcement, and no further proceedings shall be had
18 until final disposition of such review. The final decision of
19 the regional board of school trustees or of any court upon
20 judicial review shall become effective under Section 7-9 in
21 the case of a petition for dissolution filed under subsection
22 (b) of Section 7-2a, and a final decision shall become
23 effective immediately following the date no further appeal is
24 allowable in the case of a district dissolved under Section
25 5-32.
26 Notwithstanding the foregoing provisions of this Section
27 or any other provision of law to the contrary, the school
28 board of the Mt. Morris School District is authorized to
29 donate to the City of Mount Morris, Illinois the school
30 building and other real property used as a school site by the
31 Mt. Morris School District at the time of its dissolution, by
32 appropriate resolution adopted by the school board of the
33 district prior to the dissolution of the district; and upon
34 the adoption of a resolution by the school board donating the
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1 school building and school site to the City of Mount Morris,
2 Illinois as authorized by this Section, the regional board of
3 school trustees or other school officials holding legal title
4 to the school building and school site so donated shall
5 immediately convey the same to the City of Mt. Morris,
6 Illinois.
7 (Source: P.A. 88-386.)
8 (105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
9 Sec. 10-20.9a. Final Grade; Promotion.
10 (a) Teachers shall administer the approved marking
11 system or other approved means of evaluating pupil progress.
12 The teacher shall maintain the responsibility and right to
13 determine grades and other evaluations of students within the
14 grading policies of the district based upon his or her
15 professional judgment of available criteria pertinent to any
16 given subject area or activity for which he or she is
17 responsible. District policy shall provide the procedure and
18 reasons by and for which a grade may be changed; provided
19 that no grade or evaluation shall be changed without
20 notification to the teacher concerning the nature and reasons
21 for such change. If such a change is made, the person making
22 the change shall assume such responsibility for determining
23 the grade or evaluation, and shall initial such change.
24 (b) School districts are discouraged from promoting
25 students to the next higher grade level based upon age or any
26 other social reasons not related to the academic performance
27 of the students. However, as a matter of general policy
28 school districts should avoid retaining kindergarten students
29 as an alternative to their promotion to first grade. School
30 boards may adopt and enforce such policies on promotion as
31 they deem necessary to ensure that students meet local goals
32 and objectives and can perform at the expected grade level
33 prior to promotion. Notwithstanding any other provision of
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1 this Section, a school district's policy on the promotion and
2 retention of third grade, fifth grade, and eighth grade
3 students shall be governed and controlled by the provisions
4 of subsection (a) of Section 2-3.64 or, in a school district
5 in which the school board elects to conduct a summer school
6 bridge program under Section 27-23.6, by the provisions of
7 that Section.
8 (Source: P.A. 89-610, eff. 8-6-96.)
9 (105 ILCS 5/10-20.30 new)
10 Sec. 10-20.30. No pass-no play policy. The school board
11 of each school district that maintains any of grades 9
12 through 12 shall establish, implement, and enforce a uniform
13 and consistent policy under which a student in any of those
14 grades who fails to maintain a specified minimum grade point
15 average or a specified minimum grade in each course in which
16 the student is enrolled or both is suspended from further
17 participation in any school-sponsored or school-supported
18 athletic or extracurricular activities for a specified period
19 or until a specified minimum grade point average or minimum
20 grade or both are earned by the student. Each school board
21 shall adopt a policy as required by this Section not later
22 than one year after the effective date of this amendatory Act
23 of 1997 and shall concurrently file a copy of that policy
24 with the State Board of Education. After the policy has been
25 in effect for one year, and annually thereafter, the school
26 board shall file a report with the State Board of Education
27 setting forth the number and length of suspensions imposed
28 under the policy during the period covered by the report and
29 any modifications made to the policy since the last report
30 filed by the district. If the school board already has a
31 policy that is consistent with the requirements of this
32 Section in effect on the effective date of this amendatory
33 Act of 1997, it shall file a copy of that policy with the
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1 State Board of Education within 30 days after the effective
2 date of this amendatory Act and shall file an annual report
3 under this Section every 12 months thereafter.
4 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
5 Sec. 10-22.6. Suspension or expulsion of pupils; school
6 searches.
7 (a) To expel pupils guilty of gross disobedience or
8 misconduct, and no action shall lie against them for such
9 expulsion. Expulsion shall take place only after the parents
10 have been requested to appear at a meeting of the board, or
11 with a hearing officer appointed by it, to discuss their
12 child's behavior. Such request shall be made by registered or
13 certified mail and shall state the time, place and purpose of
14 the meeting. The board, or a hearing officer appointed by it,
15 at such meeting shall state the reasons for dismissal and the
16 date on which the expulsion is to become effective. If a
17 hearing officer is appointed by the board he shall report to
18 the board a written summary of the evidence heard at the
19 meeting and the board may take such action thereon as it
20 finds appropriate.
21 (b) To suspend or by regulation to authorize the
22 superintendent of the district or the principal, assistant
23 principal, or dean of students of any school to suspend
24 pupils guilty of gross disobedience or misconduct, or to
25 suspend pupils guilty of gross disobedience or misconduct on
26 the school bus from riding the school bus, and no action
27 shall lie against them for such suspension. The board may by
28 regulation authorize the superintendent of the district or
29 the principal, assistant principal, or dean of students of
30 any school to suspend pupils guilty of such acts for a period
31 not to exceed 10 school days. If a pupil is suspended due to
32 gross disobedience or misconduct on a school bus, the board
33 may suspend the pupil in excess of 10 school days for safety
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1 reasons. Any suspension shall be reported immediately to the
2 parents or guardian of such pupil along with a full statement
3 of the reasons for such suspension and a notice of their
4 right to a review, a copy of which shall be given to the
5 school board. Upon request of the parents or guardian the
6 school board or a hearing officer appointed by it shall
7 review such action of the superintendent or principal,
8 assistant principal, or dean of students. At such review the
9 parents or guardian of the pupil may appear and discuss the
10 suspension with the board or its hearing officer. If a
11 hearing officer is appointed by the board he shall report to
12 the board a written summary of the evidence heard at the
13 meeting. After its hearing or upon receipt of the written
14 report of its hearing officer, the board may take such action
15 as it finds appropriate.
16 (c) The Department of Human Services shall be invited to
17 send a representative to consult with the board at such
18 meeting whenever there is evidence that mental illness may be
19 the cause for expulsion or suspension.
20 (d) The board may expel a student for a definite period
21 of time not to exceed 2 calendar years, as determined on a
22 case by case basis. A student who is determined to have
23 brought a weapon to school, any school-sponsored activity or
24 event, or any activity or event which bears a reasonable
25 relationship to school shall be expelled for a period of not
26 less than one year, except that the expulsion period may be
27 modified by the board on a case by case basis. For purposes
28 of this Section, the term "weapon" means possession, use,
29 control or transfer of any object which may be used to cause
30 bodily harm, including but not limited to a weapon as defined
31 by Section 921 of Title 18, United States Code, firearm as
32 defined in Section 1.1 of the Firearm Owners Identification
33 Act, use of weapon as defined in Section 24-1 of the Criminal
34 Code, knives, guns, firearms, rifles, shotguns, brass
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1 knuckles, billy clubs, or "look-alikes" thereof. Such items
2 as baseball bats, pipes, bottles, locks, sticks, pencils, and
3 pens may be considered weapons if used or attempted to be
4 used to cause bodily harm. Expulsion or suspension shall be
5 construed in a manner consistent with the Federal Individuals
6 with Disabilities Education Act. A student who is subject to
7 suspension or expulsion as provided in this Section may be
8 eligible for a transfer to an alternative school program in
9 accordance with Article 13A of the School Code. The
10 provisions of this subsection (d) apply in all school
11 districts, including special charter districts and districts
12 organized under Article 34.
13 (e) To maintain order and security in the schools,
14 school authorities may inspect and search places and areas
15 such as lockers, desks, parking lots, and other school
16 property and equipment owned or controlled by the school, as
17 well as personal effects left in those places and areas by
18 students, without notice to or the consent of the student,
19 and without a search warrant. As a matter of public policy,
20 the General Assembly finds that students have no reasonable
21 expectation of privacy in these places and areas or in their
22 personal effects left in these places and areas. School
23 authorities may request the assistance of law enforcement
24 officials for the purpose of conducting inspections and
25 searches of lockers, desks, parking lots, and other school
26 property and equipment owned or controlled by the school for
27 illegal drugs, weapons, or other illegal or dangerous
28 substances or materials, including searches conducted through
29 the use of specially trained dogs. If a search conducted in
30 accordance with this Section produces evidence that the
31 student has violated or is violating either the law, local
32 ordinance, or the school's policies or rules, such evidence
33 may be seized by school authorities, and disciplinary action
34 may be taken. School authorities may also turn over such
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1 evidence to law enforcement authorities. The provisions of
2 this subsection (e) apply in all school districts, including
3 special charter districts and districts organized under
4 Article 34.
5 (f) Suspension or expulsion may include suspension or
6 expulsion from school and all school activities and a
7 prohibition from being present on school grounds.
8 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
9 89-610, eff. 8-6-96; 90-14, eff. 7-1-97.)
10 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
11 Sec. 10-22.20. Classes for adults and youths whose
12 schooling has been interrupted; Conditions for State
13 reimbursement; Use of child care facilities.
14 (a) To establish special classes for the instruction (1)
15 of persons of age 21 years or over, and (2) of persons less
16 than age 21 and not otherwise in attendance in public school,
17 for the purpose of providing adults in the community, and
18 youths whose schooling has been interrupted, with such
19 additional basic education, vocational skill training, and
20 other instruction as may be necessary to increase their
21 qualifications for employment or other means of self-support
22 and their ability to meet their responsibilities as citizens
23 including courses of instruction regularly accepted for
24 graduation from elementary or high schools and for
25 Americanization and General Educational Development Review
26 classes.
27 The board shall pay the necessary expenses of such
28 classes out of school funds of the district, including costs
29 of student transportation and such facilities or provision
30 for child-care as may be necessary in the judgment of the
31 board to permit maximum utilization of the courses by
32 students with children, and other special needs of the
33 students directly related to such instruction. The expenses
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1 thus incurred shall be subject to State reimbursement, as
2 provided in this Section. The board may make a tuition
3 charge for persons taking instruction who are not subject to
4 State reimbursement, such tuition charge not to exceed the
5 per capita cost of such classes.
6 The cost of such instruction, including the additional
7 expenses herein authorized, incurred for recipients of
8 financial aid under the Illinois Public Aid Code, or for
9 persons for whom education and training aid has been
10 authorized under Section 9-8 of that Code, shall be assumed
11 in its entirety from funds appropriated by the State to the
12 State Board of Education.
13 (b) The State Board of Education and the Illinois
14 Community College Board shall annually enter into an
15 interagency agreement to implement this Section. The
16 interagency agreement shall establish the standards for the
17 courses of instruction reimbursed under this Section. The
18 State Board of Education shall supervise the administration
19 of the programs. The State Board of Education shall
20 determine the cost of instruction in accordance with
21 standards jointly established by the State Board of Education
22 and the Illinois Community College Board as set forth in the
23 interagency agreement, including therein other incidental
24 costs as herein authorized, which shall serve as the basis of
25 State reimbursement in accordance with the provisions of
26 this Section. In the approval of programs and the
27 determination of the cost of instruction, the State Board of
28 Education shall provide for the maximum utilization of
29 federal funds for such programs. The interagency agreement
30 shall also include:
31 (1) the development of an index of need for program
32 planning and for area funding allocations as defined by
33 the State Board of Education;
34 (2) the method for calculating hours of
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1 instruction, as defined by the State Board of Education,
2 claimable for reimbursement and a method to phase in the
3 calculation and for adjusting the calculations in cases
4 where the services of a program are interrupted due to
5 circumstances beyond the control of the program provider;
6 (3) a plan for the reallocation of funds to
7 increase the amount allocated for grants based upon
8 program performance as set forth in subsection (d) below;
9 and
10 (4) the development of standards for determining
11 grants based upon performance as set forth in subsection
12 (d) below and a plan for the phased-in implementation of
13 those standards.
14 For instruction provided by school districts and
15 community college districts beginning July 1, 1996 and
16 thereafter, reimbursement provided by the State Board of
17 Education for classes authorized by this Section shall be
18 provided pursuant to the terms of the interagency agreement
19 from funds appropriated for the reimbursement criteria set
20 forth in subsection (c) below.
21 (c) Upon the annual approval of the interagency
22 agreement, reimbursement shall be first provided for
23 transportation, child care services, and other special needs
24 of the students directly related to instruction and then from
25 the funds remaining an amount equal to the product of the
26 total credit hours or units of instruction approved by the
27 State Board of Education, multiplied by the following:
28 (1) For adult basic education, the maximum
29 reimbursement per credit hour or per unit of instruction
30 shall be equal to the general state aid per pupil
31 foundation level established in subsections 5(a) through
32 5(d) of Section 18-8 or subsection (B) of Section
33 18-8.05, divided by 60;
34 (2) The maximum reimbursement per credit hour or
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1 per unit of instruction in subparagraph (1) above shall
2 be weighted for students enrolled in classes defined as
3 vocational skills and approved by the State Board of
4 Education by 1.25;
5 (3) The maximum reimbursement per credit hour or
6 per unit of instruction in subparagraph (1) above shall
7 be multiplied by .90 for students enrolled in classes
8 defined as adult secondary education programs and
9 approved by the State Board of Education;
10 (4) For community college districts the maximum
11 reimbursement per credit hour in subparagraphs (1), (2),
12 and (3) above shall be reduced by the Adult Basic
13 Education/Adult Secondary Education/English As A Second
14 Language credit hour grant rate prescribed in Section
15 2-16.02 of the Public Community College Act, as pro-rated
16 to the appropriation level; and
17 (5) Programs receiving funds under the formula that
18 was in effect during the 1994-1995 program year which
19 continue to be approved and which generate at least 80%
20 of the hours claimable in 1994-95, or in the case of
21 programs not approved in 1994-95 at least 80% of the
22 hours claimable in 1995-96, shall have funding for
23 subsequent years based upon 100% of the 1995-96 formula
24 funding level for 1996-97, 90% of the 1995-96 formula
25 funding level for 1997-98, 80% of the 1995-96 formula
26 funding level for 1998-99, and 70% of the 1995-96 formula
27 funding level for 1999-2000. For any approved program
28 which generates less than 80% of the claimable hours in
29 its base year, the level of funding pursuant to this
30 paragraph shall be reduced proportionately. Funding for
31 program years after 1999-2000 shall be pursuant to the
32 interagency agreement.
33 (d) Upon the annual approval of the interagency
34 agreement, the State Board of Education shall provide grants
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1 to eligible programs for supplemental activities to improve
2 or expand services under the Adult Education Act. Eligible
3 programs shall be determined based upon performance outcomes
4 of students in the programs as set forth in the interagency
5 agreement.
6 (e) Reimbursement under this Section shall not exceed
7 the actual costs of the approved program.
8 If the amount appropriated to the State Board of
9 Education for reimbursement under this Section is less than
10 the amount required under this Act, the apportionment shall
11 be proportionately reduced.
12 School districts and community college districts may
13 assess students up to $3.00 per credit hour, for classes
14 other than Adult Basic Education level programs, if needed to
15 meet program costs.
16 (f) An education plan shall be established for each
17 adult or youth whose schooling has been interrupted and who
18 is participating in the instructional programs provided under
19 this Section.
20 Each school board and community college shall keep an
21 accurate and detailed account of the students assigned to and
22 receiving instruction under this Section who are subject to
23 State reimbursement and shall submit reports of services
24 provided commencing with fiscal year 1997 as required in the
25 interagency agreement.
26 For classes authorized under this Section, a credit hour
27 or unit of instruction is equal to 15 hours of direct
28 instruction for students enrolled in approved adult education
29 programs at midterm and making satisfactory progress, in
30 accordance with standards jointly established by the State
31 Board of Education and the Illinois Community College Board
32 as set forth in the interagency agreement.
33 (g) Upon proof submitted to the Illinois Department of
34 Human Services of the payment of all claims submitted under
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1 this Section, that Department shall apply for federal funds
2 made available therefor and any federal funds so received
3 shall be paid into the General Revenue Fund in the State
4 Treasury.
5 School districts or community colleges providing classes
6 under this Section shall submit applications to the State
7 Board of Education for preapproval in accordance with the
8 standards jointly established by the State Board of Education
9 and the Illinois Community College Board as set forth in the
10 interagency agreement. Payments shall be made by the State
11 Board of Education based upon approved programs. Interim
12 expenditure reports may be required by the State Board of
13 Education as set forth in the interagency agreement. Final
14 claims for the school year shall be submitted to the regional
15 superintendents for transmittal to the State Board of
16 Education as set forth in the interagency agreement. Final
17 adjusted payments shall be made by September 30.
18 If a school district or community college district fails
19 to provide, or is providing unsatisfactory or insufficient
20 classes under this Section, the State Board of Education may
21 enter into agreements with public or private educational or
22 other agencies other than the public schools for the
23 establishment of such classes.
24 (h) If a school district or community college district
25 establishes child-care facilities for the children of
26 participants in classes established under this Section, it
27 may extend the use of these facilities to students who have
28 obtained employment and to other persons in the community
29 whose children require care and supervision while the parent
30 or other person in charge of the children is employed or
31 otherwise absent from the home during all or part of the day.
32 It may make the facilities available before and after as well
33 as during regular school hours to school age and preschool
34 age children who may benefit thereby, including children who
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1 require care and supervision pending the return of their
2 parent or other person in charge of their care from
3 employment or other activity requiring absence from the home.
4 The State Board of Education shall pay to the board the
5 cost of care in the facilities for any child who is a
6 recipient of financial aid under The Illinois Public Aid
7 Code.
8 The board may charge for care of children for whom it
9 cannot make claim under the provisions of this Section. The
10 charge shall not exceed per capita cost, and to the extent
11 feasible, shall be fixed at a level which will permit
12 utilization by employed parents of low or moderate income.
13 It may also permit any other State or local governmental
14 agency or private agency providing care for children to
15 purchase care.
16 After July 1, 1970 when the provisions of Section
17 10-20.20 become operative in the district, children in a
18 child-care facility shall be transferred to the kindergarten
19 established under that Section for such portion of the day as
20 may be required for the kindergarten program, and only the
21 prorated costs of care and training provided in the Center
22 for the remaining period shall be charged to the Illinois
23 Department of Human Services or other persons or agencies
24 paying for such care.
25 (i) The provisions of this Section shall also apply to
26 school districts having a population exceeding 500,000.
27 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
28 revised 8-15-96; 90-14, eff. 7-1-97.)
29 (105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
30 Sec. 10-22.23. School Nurse. To employ a registered
31 professional nurse and define the duties of the school nurse
32 within the guidelines of rules and regulations promulgated by
33 the State Board of Education. Any school nurse first
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1 employed on or after July 1, 1976, whose duties require
2 teaching or the exercise of instructional judgment or
3 educational evaluation of pupils, must be certificated under
4 Section 21-25 of this Act. School districts may employ
5 non-certificated registered professional nurses to perform
6 professional nursing services.
7 (Source: P.A. 81-1508.)
8 (105 ILCS 5/10-22.23a) (from Ch. 122, par. 10-22.23a)
9 Sec. 10-22.23a. Chief school business official. To
10 employ a chief school business official and define the duties
11 of the chief school business official. Any chief school
12 business official first employed on or after July 1, 1977
13 shall be certificated under either Section 21-7.1 or Section
14 21-5d. For the purposes of this Section, experience as a
15 school business official in an Illinois public school
16 district prior to July 1, 1977 shall be deemed the equivalent
17 of certification.
18 (Source: P.A. 82-387.)
19 (105 ILCS 5/10-22.33B)
20 Sec. 10-22.33B. Summer school; required attendance. To
21 conduct a high quality summer school program for those
22 resident students identified by the school district as being
23 academically at risk in such critical subject areas as
24 language arts (reading and writing) and mathematics who will
25 be entering any of the school district's grades for the next
26 school term and to require attendance at such program by such
27 students who have not been identified as disabled under
28 Article 14, but who meet criteria established under this
29 Section. Summer school programs established under this
30 Section shall be designed to raise the level of achievement
31 and improve opportunities for success in subsequent grade
32 levels of those students required to attend. The parent or
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1 guardian of any student required to attend summer school
2 shall be given written notice from the school district
3 requiring attendance not later than the close of the school
4 term which immediately precedes the required summer school
5 program. Notwithstanding any other provision of this Section,
6 for third grade, fifth grade, and eighth grade students of a
7 school district whose school board elects to conduct a summer
8 school bridge program under Section 27-23.6, the
9 determination of whether students in those grades shall be
10 required to attend any type of summer school program and, if
11 so, the content of their required program shall be governed
12 and controlled by the provisions of Section 27-23.6.
13 (Source: P.A. 89-610, eff. 8-6-96.)
14 (105 ILCS 5/10-22.34c new)
15 Sec. 10-22.34c. Third party non-instructional services.
16 Notwithstanding any other law of this State, nothing in this
17 Code prevents a school board from entering into a contract
18 with a third party for non-instructional services currently
19 performed by any school district employee or bargaining unit
20 member or from laying off those non-certified employees upon
21 30 days' written notice to the affected employees.
22 (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
23 Sec. 10-23.5. Educational support personnel employees.
24 To employ such educational support personnel employees as it
25 deems advisable and to define their employment duties;
26 provided that residency within any school district shall not
27 be considered in determining the employment or the
28 compensation of any such employee, or whether to retain,
29 promote, assign or transfer such employee. If an educational
30 support personnel employee is removed or dismissed at any
31 time during the course of or at the end of a school term as a
32 result of a decision of the school board to decrease the
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1 number of educational support personnel employees employed by
2 the board or to discontinue some particular type of
3 educational support service, written notice shall be mailed
4 to the employee and also given the employee either by
5 certified mail, return receipt requested or personal delivery
6 with receipt at least 30 60 days before the date on which the
7 employee's removal or dismissal is to take effect end of the
8 school term, together with a statement of honorable dismissal
9 and the reason therefor. The employee with the shorter
10 length of continuing service with the district, within the
11 respective category of position, shall be dismissed first
12 unless an alternative method of determining the sequence of
13 dismissal is established in a collective bargaining agreement
14 or contract between the board and any exclusive bargaining
15 agent and except that this provision shall not impair the
16 operation of any affirmative action program in the district,
17 regardless of whether it exists by operation of law or is
18 conducted on a voluntary basis by the board. If the board
19 has any vacancies for the following school term or within one
20 calendar year from the beginning of the following school
21 term, the positions thereby becoming available within a
22 specific category of position shall be tendered to the
23 employees so removed or dismissed from that category of
24 position, so far as they are qualified to hold such
25 positions. Each board shall, in consultation with any
26 exclusive employee representative or bargaining agent, each
27 year establish a list, categorized by positions, showing the
28 length of continuing service of each full time educational
29 support personnel employee who is qualified to hold any such
30 positions, unless an alternative method of determining a
31 sequence of dismissal is established as provided for in this
32 Section, in which case a list shall be made in accordance
33 with the alternative method. Copies of the list shall be
34 distributed to the exclusive employee representative or
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1 bargaining agent on or before February 1 of each year. Where
2 an educational support personnel employee is dismissed by the
3 board as a result of a decrease in the number of employees or
4 the discontinuance of the employee's job, the employee shall
5 be paid all earned compensation on or before the third
6 business day following his or her last day of employment.
7 The provisions of this amendatory Act of 1986 relating to
8 residency within any school district shall not apply to
9 cities having a population exceeding 500,000 inhabitants.
10 (Source: P.A. 89-618, eff. 8-9-96.)
11 (105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
12 Sec. 10-23.8. Superintendent under multi-year contract.
13 To employ a superintendent under a multi-year contract for a
14 period not exceeding 3 years. A multi-year contract No such
15 contract can be offered or accepted for less than or more
16 than three years, except for a person serving as
17 superintendent for the first time in Illinois. In such case,
18 the initial contract shall be for a two year period. Such
19 contract may be discontinued at any time by mutual agreement
20 of the contracting parties but, or may not be extended for
21 any an additional period except during the last 30 days of
22 the term of the contract of the superintendent that is to be
23 extended. The term of a contract that is extended during the
24 30 day period allowed therefor shall not exceed 3 years. 3
25 years at the end of any year.
26 The contract year is July 1 through the following June
27 30, unless the contract specifically provides otherwise.
28 Multi-year contracts may contain components that tie the
29 superintendent's compensation to improvements in student
30 performance or other measures that may be specified in the
31 contract. Notice of intent not to renew the contract must be
32 given by the board or by the superintendent by April 1 of the
33 year in which the contract expires, unless the contract
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1 specifically provides otherwise. Failure to do so will
2 automatically extend the contract for 1 additional year. The
3 provisions of this paragraph shall not apply to a district
4 under a Financial Oversight Panel pursuant to Section 1A-8
5 for violating a financial plan.
6 Notice of intent not to renew a contract when given by a
7 board must be in writing, stating the specific reason
8 therefor. Within 10 days after receipt of such notice of
9 intent not to renew a contract, the superintendent may
10 request a closed session hearing on the dismissal. At the
11 hearing the superintendent has the privilege of presenting
12 evidence, witnesses and defenses on the grounds for
13 dismissal. The provisions of this paragraph shall not apply
14 to a district under a Financial Oversight Panel pursuant to
15 Section 1A-8 for violating a financial plan.
16 By accepting the terms of a multi-year contract, the
17 superintendent waives all rights granted him or her under
18 Sections 24-11 through 24-16 of this Act for the duration of
19 his or her employment as superintendent in the district.
20 (Source: P.A. 89-572, eff. 7-30-96.)
21 (105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
22 Sec. 10-23.8a. Principal and other administrators under
23 multi-year contract. To employ a principal or any other
24 administrator under a multi-year contract for a period not to
25 exceed 3 years. A multi-year No such contract can be offered
26 or accepted for less than or more than 3 years, except for a
27 person serving as principal for the first time in Illinois.
28 In such case, the initial contract shall be for a 2 year
29 period. Such contract may be discontinued at any time by
30 mutual agreement of the contracting parties but, or may not
31 be extended for any an additional period except during the
32 last 30 days of the term of the contract of the principal
33 that is to be extended. The term of a contract that is
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1 extended during the 30 day period allowed therefor shall not
2 exceed 3 years. 3 years at the end of any year.
3 The contract year is July 1 through the following June
4 30, unless the contract specifically provides otherwise.
5 Notice of intent not to renew the contract must be given by
6 the board or by the principal at least 90 days before the
7 contract expires. Failure to do so will automatically extend
8 the contract for 1 additional year. If offered by a school
9 board, each individual principal shall have the option to
10 accept or refuse a multi-year contract. The provisions of
11 this paragraph shall not apply to a district under a
12 Financial Oversight Panel pursuant to Section 1A-8 for
13 violating a financial plan.
14 By accepting the terms of a multi-year contract, the
15 principal or administrator waives all rights granted him or
16 her under Sections 24-11 through 24-16 of this Act for the
17 duration of his or her employment as principal or
18 administrator in the district.
19 (Source: P.A. 89-572, eff. 7-30-96.)
20 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
21 Sec. 18-4.3. Summer school grants. Grants shall be
22 determined for pupil attendance in summer schools conducted
23 under Sections 10-22.33A and 34-18 and approved under Section
24 2-3.25 in the following manner.
25 The amount of grant for each accredited summer school
26 attendance pupil shall be obtained by dividing the total
27 amount of apportionments determined under subsections (1) and
28 (2) of Section 18-8 or Section 18-8.05 by the actual number
29 of pupils in average daily attendance used for such
30 apportionments. The number of credited summer school
31 attendance pupils shall be determined (a) by counting clock
32 hours of class instruction by pupils enrolled in grades 1
33 through 12 in approved courses conducted at least 60 clock
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1 hours in summer sessions; (b) by dividing such total of clock
2 hours of class instruction by 4 to produce days of credited
3 pupil attendance; (c) by dividing such days of credited pupil
4 attendance by the actual number of days in the regular term
5 as used in computation in the general apportionment in
6 Section 18-8; and (d) by multiplying by 1.25.
7 The amount of the grant for a summer school program
8 approved by the State Superintendent of Education for
9 children with disabilities, as defined in Sections 14-1.02
10 through 14-1.07, shall be determined in the manner contained
11 above except that average daily membership shall be utilized
12 in lieu of average daily attendance.
13 In the case of an apportionment based on summer school
14 attendance or membership pupils, the claim therefor shall be
15 presented as a separate claim for the particular school year
16 in which such summer school session ends. On or before
17 October 15 of each year the superintendent of each eligible
18 school district shall certify to the regional superintendent
19 the claim of the district for the summer session just ended.
20 Failure on the part of the school board to so certify shall
21 constitute a forfeiture of its right to such payment. The
22 regional superintendent shall certify to the State
23 Superintendent of Education no later than November 1 the
24 regional report of claims for summer school. The State
25 Superintendent of Education shall transmit to the Comptroller
26 no later than December 15th of each year vouchers for payment
27 of amounts due school districts for summer school. The State
28 Superintendent of Education shall direct the Comptroller to
29 draw his warrants for payments thereof by the 30th day of
30 December. If the money appropriated by the General Assembly
31 for such purpose for any year is insufficient, it shall be
32 apportioned on the basis of claims approved.
33 However, notwithstanding the foregoing provisions, for
34 each fiscal year the money appropriated by the General
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1 Assembly for the purposes of this Section shall only be used
2 for grants for approved summer school programs for those
3 children with disabilities served pursuant to Sections
4 14-7.02 and 14-7.02a of the School Code.
5 (Source: P.A. 88-9; 88-641, eff. 9-9-94; 89-397, eff.
6 8-20-95.)
7 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
8 Sec. 18-8. Basis for apportionment to districts,
9 laboratory schools and alternative schools.
10 A. The amounts to be apportioned for school years prior
11 to the 1998-1999 school year shall be determined for each
12 educational service region by school districts, as follows:
13 1. General Provisions.
14 (a) In the computation of the amounts to be apportioned,
15 the average daily attendance of all pupils in grades 9
16 through 12 shall be multiplied by 1.25. The average daily
17 attendance of all pupils in grades 7 and 8 shall be
18 multiplied by 1.05.
19 (b) The actual number of pupils in average daily
20 attendance shall be computed in a one-teacher school district
21 by dividing the total aggregate days of pupil attendance by
22 the actual number of days school is in session but not more
23 than 30 such pupils shall be accredited for such type of
24 district; and in districts of 2 or more teachers, or in
25 districts where records of attendance are kept by session
26 teachers, by taking the sum of the respective averages of the
27 units composing the group.
28 (c) Pupils in average daily attendance shall be computed
29 upon the average of the best 3 months of pupils attendance of
30 the current school year except as district claims may be
31 later amended as provided hereinafter in this Section.
32 However, for any school district maintaining grades
33 kindergarten through 12, the "average daily attendance" shall
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1 be computed on the average of the best 3 months of pupils
2 attendance of the current year in grades kindergarten through
3 8, added together with the average of the best 3 months of
4 pupils attendance of the current year in grades 9 through 12,
5 except as district claims may be later amended as provided in
6 this Section. Days of attendance shall be kept by regular
7 calendar months, except any days of attendance in August
8 shall be added to the month of September and any days of
9 attendance in June shall be added to the month of May.
10 Except as otherwise provided in this Section, days of
11 attendance by pupils shall be counted only for sessions of
12 not less than 5 clock hours of school work per day under
13 direct supervision of: (i) teachers, or (ii) non-teaching
14 personnel or volunteer personnel when engaging in
15 non-teaching duties and supervising in those instances
16 specified in subsection (a) of Section 10-22.34 and paragraph
17 10 of Section 34-18, with pupils of legal school age and in
18 kindergarten and grades 1 through 12.
19 (d) Pupils regularly enrolled in a public school for
20 only a part of the school day may be counted on the basis of
21 1/6 day for every class hour of instruction of 40 minutes or
22 more attended pursuant to such enrollment.
23 (e) Days of attendance may be less than 5 clock hours on
24 the opening and closing of the school term, and upon the
25 first day of pupil attendance, if preceded by a day or days
26 utilized as an institute or teachers' workshop.
27 (f) A session of 4 or more clock hours may be counted as
28 a day of attendance upon certification by the regional
29 superintendent, and approved by the State Superintendent of
30 Education to the extent that the district has been forced to
31 use daily multiple sessions.
32 (g) A session of 3 or more clock hours may be counted as
33 a day of attendance (1) when the remainder of the school day
34 or at least 2 hours in the evening of that day is utilized
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1 for an in-service training program for teachers, up to a
2 maximum of 5 days per school year of which a maximum of 4
3 days of such 5 days may be used for parent-teacher
4 conferences, provided a district conducts an in-service
5 training program for teachers which has been approved by the
6 State Superintendent of Education; or, in lieu of 4 such
7 days, 2 full days may be used, in which event each such day
8 may be counted as a day of attendance; and (2) when days in
9 addition to those provided in item (1) are scheduled by a
10 school pursuant to its school improvement plan adopted under
11 Article 34 or its revised or amended school improvement plan
12 adopted under Article 2, provided that (i) such sessions of 3
13 or more clock hours are scheduled to occur at regular
14 intervals, (ii) the remainder of the school days in which
15 such sessions occur are utilized for in-service training
16 programs or other staff development activities for teachers,
17 and (iii) a sufficient number of minutes of school work under
18 the direct supervision of teachers are added to the school
19 days between such regularly scheduled sessions to accumulate
20 not less than the number of minutes by which such sessions of
21 3 or more clock hours fall short of 5 clock hours. Any full
22 days used for the purposes of this paragraph shall not be
23 considered for computing average daily attendance. Days
24 scheduled for in-service training programs, staff development
25 activities, or parent-teacher conferences may be scheduled
26 separately for different grade levels and different
27 attendance centers of the district.
28 (h) A session of not less than one clock hour teaching
29 of hospitalized or homebound pupils on-site or by telephone
30 to the classroom may be counted as 1/2 day of attendance,
31 however these pupils must receive 4 or more clock hours of
32 instruction to be counted for a full day of attendance.
33 (i) A session of at least 4 clock hours may be counted
34 as a day of attendance for first grade pupils, and pupils in
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1 full day kindergartens, and a session of 2 or more hours may
2 be counted as 1/2 day of attendance by pupils in
3 kindergartens which provide only 1/2 day of attendance.
4 (j) For children with disabilities who are below the age
5 of 6 years and who cannot attend two or more clock hours
6 because of their disability or immaturity, a session of not
7 less than one clock hour may be counted as 1/2 day of
8 attendance; however for such children whose educational needs
9 so require a session of 4 or more clock hours may be counted
10 as a full day of attendance.
11 (k) A recognized kindergarten which provides for only
12 1/2 day of attendance by each pupil shall not have more than
13 1/2 day of attendance counted in any 1 day. However,
14 kindergartens may count 2 1/2 days of attendance in any 5
15 consecutive school days. Where a pupil attends such a
16 kindergarten for 2 half days on any one school day, such
17 pupil shall have the following day as a day absent from
18 school, unless the school district obtains permission in
19 writing from the State Superintendent of Education.
20 Attendance at kindergartens which provide for a full day of
21 attendance by each pupil shall be counted the same as
22 attendance by first grade pupils. Only the first year of
23 attendance in one kindergarten shall be counted except in
24 case of children who entered the kindergarten in their fifth
25 year whose educational development requires a second year of
26 kindergarten as determined under the rules and regulations of
27 the State Board of Education.
28 (l) Days of attendance by tuition pupils shall be
29 accredited only to the districts that pay the tuition to a
30 recognized school.
31 (m) The greater of the immediately preceding year's
32 weighted average daily attendance or the average of the
33 weighted average daily attendance of the immediately
34 preceding year and the previous 2 years shall be used.
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1 For any school year beginning July 1, 1986 or thereafter,
2 if the weighted average daily attendance in either grades
3 kindergarten through 8 or grades 9 through 12 of a district
4 as computed for the first calendar month of the current
5 school year exceeds by more than 5%, but not less than 25
6 pupils, the district's weighted average daily attendance for
7 the first calendar month of the immediately preceding year
8 in, respectively, grades kindergarten through 8 or grades 9
9 through 12, a supplementary payment shall be made to the
10 district equal to the difference in the amount of aid the
11 district would be paid under this Section using the weighted
12 average daily attendance in the district as computed for the
13 first calendar month of the current school year and the
14 amount of aid the district would be paid using the weighted
15 average daily attendance in the district for the first
16 calendar month of the immediately preceding year. Such
17 supplementary State aid payment shall be paid to the district
18 as provided in Section 18-8.4 and shall be treated as
19 separate from all other payments made pursuant to this
20 Section 18-8.
21 (n) The number of low income eligible pupils in a
22 district shall result in an increase in the weighted average
23 daily attendance calculated as follows: The number of low
24 income pupils shall increase the weighted ADA by .53 for each
25 student adjusted by dividing the percent of low income
26 eligible pupils in the district by the ratio of eligible low
27 income pupils in the State to the best 3 months' weighted
28 average daily attendance in the State. In no case may the
29 adjustment under this paragraph result in a greater weighting
30 than .625 for each eligible low income student. The number
31 of low income eligible pupils in a district shall be the
32 low-income eligible count from the most recently available
33 federal census and the weighted average daily attendance
34 shall be calculated in accordance with the other provisions
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1 of this paragraph.
2 (o) Any school district which fails for any given school
3 year to maintain school as required by law, or to maintain a
4 recognized school is not eligible to file for such school
5 year any claim upon the common school fund. In case of
6 nonrecognition of one or more attendance centers in a school
7 district otherwise operating recognized schools, the claim of
8 the district shall be reduced in the proportion which the
9 average daily attendance in the attendance center or centers
10 bear to the average daily attendance in the school district.
11 A "recognized school" means any public school which meets the
12 standards as established for recognition by the State Board
13 of Education. A school district or attendance center not
14 having recognition status at the end of a school term is
15 entitled to receive State aid payments due upon a legal claim
16 which was filed while it was recognized.
17 (p) School district claims filed under this Section are
18 subject to Sections 18-9, 18-10 and 18-12, except as herein
19 otherwise provided.
20 (q) The State Board of Education shall secure from the
21 Department of Revenue the value as equalized or assessed by
22 the Department of Revenue of all taxable property of every
23 school district together with the applicable tax rate used in
24 extending taxes for the funds of the district as of September
25 30 of the previous year. The Department of Revenue shall add
26 to the equalized assessed value of all taxable property of
27 each school district situated entirely or partially within a
28 county with 2,000,000 or more inhabitants an amount equal to
29 the total amount by which the homestead exemptions allowed
30 under Sections 15-170 and 15-175 of the Property Tax Code for
31 real property situated in that school district exceeds the
32 total amount that would have been allowed in that school
33 district as homestead exemptions under those Sections if the
34 maximum reduction under Section 15-170 of the Property Tax
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1 Code was $2,000 and the maximum reduction under Section
2 15-175 of the Property Tax Code was $3,500. The county clerk
3 of any county with 2,000,000 or more inhabitants shall
4 annually calculate and certify to the Department for each
5 school district all homestead exemption amounts required by
6 this amendatory Act of 1992. In a new district which has not
7 had any tax rates yet determined for extension of taxes, a
8 leveled uniform rate shall be computed from the latest amount
9 of the fund taxes extended on the several areas within such
10 new district.
11 (r) If a school district operates a full year school
12 under Section 10-19.1, the general state aid to the school
13 district shall be determined by the State Board of Education
14 in accordance with this Section as near as may be applicable.
15 2. New or recomputed claim. The general State aid
16 entitlement for a newly created school district or a district
17 which has annexed an entire school district shall be computed
18 using attendance, compensatory pupil counts, equalized
19 assessed valuation, and tax rate data which would have been
20 used had the district been in existence for 3 years. General
21 State aid entitlements shall not be recomputed except as
22 permitted herein.
23 3. Impaction. Impaction payments shall be made as
24 provided for in Section 18-4.2.
25 4. Summer school. Summer school payments shall be made
26 as provided in Section 18-4.3.
27 5. Computation of State aid. The State grant shall be
28 determined as follows:
29 (a) The State shall guarantee the amount of money that a
30 district's operating tax rate as limited in other Sections of
31 this Act would produce if every district maintaining grades
32 kindergarten through 12 had an equalized assessed valuation
33 equal to $74,791 per weighted ADA pupil; every district
34 maintaining grades kindergarten through 8 had an equalized
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1 assessed valuation of $108,644 per weighted ADA pupil; and
2 every district maintaining grades 9 through 12 had an
3 equalized assessed valuation of $187,657 per weighted ADA
4 pupil. The State Board of Education shall adjust the
5 equalized assessed valuation amounts stated in this
6 paragraph, if necessary, to conform to the amount of the
7 appropriation approved for any fiscal year.
8 (b) The operating tax rate to be used shall consist of
9 all district taxes extended for all purposes except community
10 college educational purposes for the payment of tuition under
11 Section 6-1 of the Public Community College Act, Bond and
12 Interest, Summer School, Rent, Capital Improvement and
13 Vocational Education Building. Any district may elect to
14 exclude Transportation from the calculation of its operating
15 tax rate. Districts may include taxes extended for the
16 payment of principal and interest on bonds issued under the
17 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
18 per year for each purpose or the actual rate extended,
19 whichever is less.
20 (c) For calculation of aid under this Act a district
21 shall use the combined authorized tax rates of all funds not
22 exempt in (b) above, not to exceed 2.76% of the value of all
23 its taxable property as equalized or assessed by the
24 Department of Revenue for districts maintaining grades
25 kindergarten through 12; 1.90% of the value of all its
26 taxable property as equalized or assessed by the Department
27 of Revenue for districts maintaining grades kindergarten
28 through 8 only; 1.10% of the value of all its taxable
29 property as equalized or assessed by the Department of
30 Revenue for districts maintaining grades 9 through 12 only.
31 A district may, however, as provided in Article 17, increase
32 its operating tax rate above the maximum rate provided in
33 this subsection without affecting the amount of State aid to
34 which it is entitled under this Act.
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1 (d) (1) For districts maintaining grades kindergarten
2 through 12 with an operating tax rate as described in
3 subsections 5(b) and (c) of less than 2.18%, and districts
4 maintaining grades kindergarten through 8 with an operating
5 tax rate of less than 1.28%, State aid shall be computed by
6 multiplying the difference between the guaranteed equalized
7 assessed valuation per weighted ADA pupil in subsection 5(a)
8 and the equalized assessed valuation per weighted ADA pupil
9 in the district by the operating tax rate, multiplied by the
10 weighted average daily attendance of the district; provided,
11 however, that for the 1989-1990 school year only, a school
12 district maintaining grades kindergarten through 8 whose
13 operating tax rate with reference to which its general State
14 aid for the 1989-1990 school year is determined is less than
15 1.28% and more than 1.090%, and which had an operating tax
16 rate of 1.28% or more for the previous year, shall have its
17 general State aid computed according to the provisions of
18 subsection 5(d)(2).
19 (2) For districts maintaining grades kindergarten
20 through 12 with an operating tax rate as described in
21 subsection 5(b) and (c) of 2.18% and above, the State aid
22 shall be computed as provided in subsection (d) (1) but as
23 though the district had an operating tax rate of 2.76%; in
24 K-8 districts with an operating tax rate of 1.28% and above,
25 the State aid shall be computed as provided in subsection (d)
26 (1) but as though the district had an operating tax rate of
27 1.90%; and in 9-12 districts, the State aid shall be computed
28 by multiplying the difference between the guaranteed
29 equalized assessed valuation per weighted average daily
30 attendance pupil in subsection 5(a) and the equalized
31 assessed valuation per weighted average daily attendance
32 pupil in the district by the operating tax rate, not to
33 exceed 1.10%, multiplied by the weighted average daily
34 attendance of the district. State aid computed under the
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1 provisions of this subsection (d) (2) shall be treated as
2 separate from all other payments made pursuant to this
3 Section. The State Comptroller and State Treasurer shall
4 transfer from the General Revenue Fund to the Common School
5 Fund the amounts necessary to permit these claims to be paid
6 in equal installments along with other State aid payments
7 remaining to be made for the 1983-1984 school year under this
8 Section.
9 (3) For any school district whose 1995 equalized
10 assessed valuation is at least 6% less than its 1994
11 equalized assessed valuation as the result of a reduction in
12 the equalized assessed valuation of the taxable property
13 within such district of any one taxpayer whose taxable
14 property within the district has a 1994 equalized assessed
15 valuation constituting at least 20% of the 1994 equalized
16 assessed valuation of all taxable property within the
17 district, the 1996-97 State aid of such district shall be
18 computed using its 1995 equalized assessed valuation.
19 (4) For any school district whose 1988 equalized
20 assessed valuation is 55% or less of its 1981 equalized
21 assessed valuation, the 1990-91 State aid of such district
22 shall be computed by multiplying the 1988 equalized assessed
23 valuation by a factor of .8. Any such school district which
24 is reorganized effective for the 1991-92 school year shall
25 use the formula provided in this subparagraph for purposes of
26 the calculation made pursuant to subsection (m) of this
27 Section.
28 (e) The amount of State aid shall be computed under the
29 provisions of subsections 5(a) through 5(d) provided the
30 equalized assessed valuation per weighted ADA pupil is less
31 than .87 of the amounts in subsection 5(a). If the equalized
32 assessed valuation per weighted ADA pupil is equal to or
33 greater than .87 of the amounts in subsection 5(a), the State
34 aid shall be computed under the provisions of subsection
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1 5(f).
2 (f) If the equalized assessed valuation per weighted ADA
3 pupil is equal to or greater than .87 of the amounts in
4 subsection 5(a), the State aid per weighted ADA pupil shall
5 be computed by multiplying the product of .13 times the
6 maximum per pupil amount computed under the provisions of
7 subsections 5(a) through 5(d) by an amount equal to the
8 quotient of .87 times the equalized assessed valuation per
9 weighted ADA pupil in subsection 5(a) for that type of
10 district divided by the district equalized valuation per
11 weighted ADA pupil except in no case shall the district
12 receive State aid per weighted ADA pupil of less than .07
13 times the maximum per pupil amount computed under the
14 provisions of subsections 5(a) through 5(d).
15 (g) In addition to the above grants, summer school
16 grants shall be made based upon the calculation as provided
17 in subsection 4 of this Section.
18 (h) The board of any district receiving any of the
19 grants provided for in this Section may apply those funds to
20 any fund so received for which that board is authorized to
21 make expenditures by law.
22 (i) (1) (a) In school districts with an average daily
23 attendance of 50,000 or more, the amount which is provided
24 under subsection 1(n) of this Section by the application of a
25 base Chapter 1 weighting factor of .375 shall be distributed
26 to the attendance centers within the district in proportion
27 to the number of pupils enrolled at each attendance center
28 who are eligible to receive free or reduced-price lunches or
29 breakfasts under the federal Child Nutrition Act of 1966 and
30 under the National School Lunch Act during the immediately
31 preceding school year. The amount of State aid provided
32 under subsection 1(n) of this Section by the application of
33 the Chapter 1 weighting factor in excess of .375 shall be
34 distributed to the attendance centers within the district in
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1 proportion to the total enrollment at each attendance center.
2 Beginning with school year 1989-90, and each school year
3 thereafter, all funds provided under subsection 1 (n) of this
4 Section by the application of the Chapter 1 weighting factor
5 which are in excess of the level of non-targeted Chapter 1
6 funds in school year 1988-89 shall be distributed to
7 attendance centers, and only to attendance centers, within
8 the district in proportion to the number of pupils enrolled
9 at each attendance center who are eligible to receive free or
10 reduced price lunches or breakfasts under the Federal Child
11 Nutrition Act and under the National School Lunch Act during
12 the immediately preceding school year. Beginning in school
13 year 1989-90, 25% of the previously non-targeted Chapter 1
14 funds as established for school year 1988-89 shall also be
15 distributed to the attendance centers, and only to attendance
16 centers, in the district in proportion to the number of
17 pupils enrolled at each attendance center who are eligible to
18 receive free or reduced price lunches or breakfasts under the
19 Federal Child Nutrition Act and under the National School
20 Lunch Act during the immediately preceding school year; in
21 school year 1990-91, 50% of the previously non-targeted
22 Chapter 1 funds as established for school year 1988-89 shall
23 be distributed to attendance centers, and only to attendance
24 centers, in the district in proportion to the number of
25 pupils enrolled at each attendance center who are eligible to
26 receive such free or reduced price lunches or breakfasts
27 during the immediately preceding school year; in school year
28 1991-92, 75% of the previously non-targeted Chapter 1 funds
29 as established for school year 1988-89 shall be distributed
30 to attendance centers, and only to attendance centers, in the
31 district in proportion to the number of pupils enrolled at
32 each attendance center who are eligible to receive such free
33 or reduced price lunches or breakfasts during the immediately
34 preceding school year; in school year 1992-93 and thereafter,
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1 all funds provided under subsection 1 (n) of this Section by
2 the application of the Chapter 1 weighting factor shall be
3 distributed to attendance centers, and only to attendance
4 centers, in the district in proportion to the number of
5 pupils enrolled at each attendance center who are eligible to
6 receive free or reduced price lunches or breakfasts under the
7 Federal Child Nutrition Act and under the National School
8 Lunch Act during the immediately preceding school year;
9 provided, however, that the distribution formula in effect
10 beginning with school year 1989-90 shall not be applicable to
11 such portion of State aid provided under subsection 1 (n) of
12 this Section by the application of the Chapter 1 weighting
13 formula as is set aside and appropriated by the school
14 district for the purpose of providing desegregation programs
15 and related transportation to students (which portion shall
16 not exceed 5% of the total amount of State aid which is
17 provided under subsection 1 (n) of this Section by
18 application of the Chapter 1 weighting formula), and the
19 relevant percentages shall be applied to the remaining
20 portion of such State aid. The distribution of these
21 portions of general State aid among attendance centers
22 according to these requirements shall not be compensated for
23 or contravened by adjustments of the total of other funds
24 appropriated to any attendance centers. (b) The Board of
25 Education shall utilize funding from one or several sources
26 in order to fully implement this provision annually prior to
27 the opening of school. The Board of Education shall apply
28 savings from reduced administrative costs required under
29 Section 34-43.1 and growth in non-Chapter 1 State and local
30 funds to assure that all attendance centers receive funding
31 to replace losses due to redistribution of Chapter 1 funding.
32 The distribution formula and funding to replace losses due to
33 the distribution formula shall occur, in full, using any and
34 all sources available, including, if necessary, revenue from
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1 administrative reductions beyond those required in Section
2 34-43.1, in order to provide the necessary funds. (c) Each
3 attendance center shall be provided by the school district a
4 distribution of noncategorical funds and other categorical
5 funds to which an attendance center is entitled under law in
6 order that the State aid provided by application of the
7 Chapter 1 weighting factor and required to be distributed
8 among attendance centers according to the requirements of
9 this paragraph supplements rather than supplants the
10 noncategorical funds and other categorical funds provided by
11 the school district to the attendance centers.
12 Notwithstanding the foregoing provisions of this subsection
13 5(i)(1) or any other law to the contrary, beginning with the
14 1995-1996 school year and for each school year thereafter,
15 the board of a school district to which the provisions of
16 this subsection apply shall be required to allocate or
17 provide to attendance centers of the district in any such
18 school year, from the State aid provided for the district
19 under this Section by application of the Chapter 1 weighting
20 factor, an aggregate amount of not less than $261,000,000 of
21 State Chapter 1 funds. Any State Chapter 1 funds that by
22 reason of the provisions of this paragraph are not required
23 to be allocated and provided to attendance centers may be
24 used and appropriated by the board of the district for any
25 lawful school purpose. Chapter 1 funds received by an
26 attendance center (except those funds set aside for
27 desegregation programs and related transportation to
28 students) shall be used on the schedule cited in this Section
29 at the attendance center at the discretion of the principal
30 and local school council for programs to improve educational
31 opportunities at qualifying schools through the following
32 programs and services: early childhood education, reduced
33 class size or improved adult to student classroom ratio,
34 enrichment programs, remedial assistance, attendance
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1 improvement and other educationally beneficial expenditures
2 which supplement the regular and basic programs as determined
3 by the State Board of Education. Chapter 1 funds shall not
4 be expended for any political or lobbying purposes as defined
5 by board rule. (d) Each district subject to the provisions of
6 this paragraph shall submit an acceptable plan to meet the
7 educational needs of disadvantaged children, in compliance
8 with the requirements of this paragraph, to the State Board
9 of Education prior to July 15 of each year. This plan shall
10 be consistent with the decisions of local school councils
11 concerning the school expenditure plans developed in
12 accordance with part 4 of Section 34-2.3. The State Board
13 shall approve or reject the plan within 60 days after its
14 submission. If the plan is rejected the district shall give
15 written notice of intent to modify the plan within 15 days of
16 the notification of rejection and then submit a modified plan
17 within 30 days after the date of the written notice of intent
18 to modify. Districts may amend approved plans pursuant to
19 rules promulgated by the State Board of Education.
20 Upon notification by the State Board of Education that
21 the district has not submitted a plan prior to July 15 or a
22 modified plan within the time period specified herein, the
23 State aid funds affected by said plan or modified plan shall
24 be withheld by the State Board of Education until a plan or
25 modified plan is submitted.
26 If the district fails to distribute State aid to
27 attendance centers in accordance with an approved plan, the
28 plan for the following year shall allocate funds, in addition
29 to the funds otherwise required by this subparagraph, to
30 those attendance centers which were underfunded during the
31 previous year in amounts equal to such underfunding.
32 For purposes of determining compliance with this
33 subsection in relation to Chapter 1 expenditures, each
34 district subject to the provisions of this subsection shall
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1 submit as a separate document by December 1 of each year a
2 report of Chapter 1 expenditure data for the prior year in
3 addition to any modification of its current plan. If it is
4 determined that there has been a failure to comply with the
5 expenditure provisions of this subsection regarding
6 contravention or supplanting, the State Superintendent of
7 Education shall, within 60 days of receipt of the report,
8 notify the district and any affected local school council.
9 The district shall within 45 days of receipt of that
10 notification inform the State Superintendent of Education of
11 the remedial or corrective action to be taken, whether by
12 amendment of the current plan, if feasible, or by adjustment
13 in the plan for the following year. Failure to provide the
14 expenditure report or the notification of remedial or
15 corrective action in a timely manner shall result in a
16 withholding of the affected funds.
17 The State Board of Education shall promulgate rules and
18 regulations to implement the provisions of this subsection
19 5(i)(1). No funds shall be released under subsection 1(n) of
20 this Section or under this subsection 5(i)(1) to any district
21 which has not submitted a plan which has been approved by the
22 State Board of Education.
23 (2) School districts with an average daily attendance of
24 more than 1,000 and less than 50,000 and having a low income
25 pupil weighting factor in excess of .53 shall submit a plan
26 to the State Board of Education prior to October 30 of each
27 year for the use of the funds resulting from the application
28 of subsection 1(n) of this Section for the improvement of
29 instruction in which priority is given to meeting the
30 education needs of disadvantaged children. Such plan shall
31 be submitted in accordance with rules and regulations
32 promulgated by the State Board of Education.
33 (j) For the purposes of calculating State aid under this
34 Section, with respect to any part of a school district within
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1 a redevelopment project area in respect to which a
2 municipality has adopted tax increment allocation financing
3 pursuant to the Tax Increment Allocation Redevelopment Act,
4 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
5 Municipal Code or the Industrial Jobs Recovery Law, Sections
6 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
7 no part of the current equalized assessed valuation of real
8 property located in any such project area which is
9 attributable to an increase above the total initial equalized
10 assessed valuation of such property shall be used in
11 computing the equalized assessed valuation per weighted ADA
12 pupil in the district, until such time as all redevelopment
13 project costs have been paid, as provided in Section
14 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
15 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
16 For the purpose of computing the equalized assessed valuation
17 per weighted ADA pupil in the district the total initial
18 equalized assessed valuation or the current equalized
19 assessed valuation, whichever is lower, shall be used until
20 such time as all redevelopment project costs have been paid.
21 (k) For a school district operating under the financial
22 supervision of an Authority created under Article 34A, the
23 State aid otherwise payable to that district under this
24 Section, other than State aid attributable to Chapter 1
25 students, shall be reduced by an amount equal to the budget
26 for the operations of the Authority as certified by the
27 Authority to the State Board of Education, and an amount
28 equal to such reduction shall be paid to the Authority
29 created for such district for its operating expenses in the
30 manner provided in Section 18-11. The remainder of State
31 school aid for any such district shall be paid in accordance
32 with Article 34A when that Article provides for a disposition
33 other than that provided by this Article.
34 (l) For purposes of calculating State aid under this
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1 Section, the equalized assessed valuation for a school
2 district used to compute State aid shall be determined by
3 adding to the real property equalized assessed valuation for
4 the district an amount computed by dividing the amount of
5 money received by the district under the provisions of "An
6 Act in relation to the abolition of ad valorem personal
7 property tax and the replacement of revenues lost thereby",
8 certified August 14, 1979, by the total tax rate for the
9 district. For purposes of this subsection 1976 tax rates
10 shall be used for school districts in the county of Cook and
11 1977 tax rates shall be used for school districts in all
12 other counties.
13 (m) (1) For a new school district formed by combining
14 property included totally within 2 or more previously
15 existing school districts, for its first year of existence or
16 if the new district was formed after October 31, 1982 and
17 prior to September 23, 1985, for the year immediately
18 following September 23, 1985, the State aid calculated under
19 this Section shall be computed for the new district and for
20 the previously existing districts for which property is
21 totally included within the new district. If the computation
22 on the basis of the previously existing districts is greater,
23 a supplementary payment equal to the difference shall be made
24 for the first 3 years of existence of the new district or if
25 the new district was formed after October 31, 1982 and prior
26 to September 23, 1985, for the 3 years immediately following
27 September 23, 1985.
28 (2) For a school district which annexes all of the
29 territory of one or more entire other school districts, for
30 the first year during which the change of boundaries
31 attributable to such annexation becomes effective for all
32 purposes as determined under Section 7-9 or 7A-8, the State
33 aid calculated under this Section shall be computed for the
34 annexing district as constituted after the annexation and for
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1 the annexing and each annexed district as constituted prior
2 to the annexation; and if the computation on the basis of the
3 annexing and annexed districts as constituted prior to the
4 annexation is greater, a supplementary payment equal to the
5 difference shall be made for the first 3 years of existence
6 of the annexing school district as constituted upon such
7 annexation.
8 (3) For 2 or more school districts which annex all of
9 the territory of one or more entire other school districts,
10 and for 2 or more community unit districts which result upon
11 the division (pursuant to petition under Section 11A-2) of
12 one or more other unit school districts into 2 or more parts
13 and which together include all of the parts into which such
14 other unit school district or districts are so divided, for
15 the first year during which the change of boundaries
16 attributable to such annexation or division becomes effective
17 for all purposes as determined under Section 7-9 or 11A-10,
18 as the case may be, the State aid calculated under this
19 Section shall be computed for each annexing or resulting
20 district as constituted after the annexation or division and
21 for each annexing and annexed district, or for each resulting
22 and divided district, as constituted prior to the annexation
23 or division; and if the aggregate of the State aid as so
24 computed for the annexing or resulting districts as
25 constituted after the annexation or division is less than the
26 aggregate of the State aid as so computed for the annexing
27 and annexed districts, or for the resulting and divided
28 districts, as constituted prior to the annexation or
29 division, then a supplementary payment equal to the
30 difference shall be made and allocated between or among the
31 annexing or resulting districts, as constituted upon such
32 annexation or division, for the first 3 years of their
33 existence. The total difference payment shall be allocated
34 between or among the annexing or resulting districts in the
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1 same ratio as the pupil enrollment from that portion of the
2 annexed or divided district or districts which is annexed to
3 or included in each such annexing or resulting district bears
4 to the total pupil enrollment from the entire annexed or
5 divided district or districts, as such pupil enrollment is
6 determined for the school year last ending prior to the date
7 when the change of boundaries attributable to the annexation
8 or division becomes effective for all purposes. The amount
9 of the total difference payment and the amount thereof to be
10 allocated to the annexing or resulting districts shall be
11 computed by the State Board of Education on the basis of
12 pupil enrollment and other data which shall be certified to
13 the State Board of Education, on forms which it shall provide
14 for that purpose, by the regional superintendent of schools
15 for each educational service region in which the annexing and
16 annexed districts, or resulting and divided districts are
17 located.
18 (4) If a unit school district annexes all the territory
19 of another unit school district effective for all purposes
20 pursuant to Section 7-9 on July 1, 1988, and if part of the
21 annexed territory is detached within 90 days after July 1,
22 1988, then the detachment shall be disregarded in computing
23 the supplementary State aid payments under this paragraph (m)
24 for the entire 3 year period and the supplementary State aid
25 payments shall not be diminished because of the detachment.
26 (5) Any supplementary State aid payment made under this
27 paragraph (m) shall be treated as separate from all other
28 payments made pursuant to this Section.
29 (n) For the purposes of calculating State aid under this
30 Section, the real property equalized assessed valuation for a
31 school district used to compute State aid shall be determined
32 by subtracting from the real property value as equalized or
33 assessed by the Department of Revenue for the district an
34 amount computed by dividing the amount of any abatement of
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1 taxes under Section 18-170 of the Property Tax Code by the
2 maximum operating tax rates specified in subsection 5(c) of
3 this Section and an amount computed by dividing the amount of
4 any abatement of taxes under subsection (a) of Section 18-165
5 of the Property Tax Code by the maximum operating tax rates
6 specified in subsection 5(c) of this Section.
7 (o) Notwithstanding any other provisions of this
8 Section, for the 1996-1997 school year the amount of the
9 aggregate general State aid entitlement that is received
10 under this Section by each school district for that school
11 year shall be not less than the amount of the aggregate
12 general State aid entitlement that was received by the
13 district under this Section for the 1995-1996 school year.
14 If a school district is to receive an aggregate general State
15 aid entitlement under this Section for the 1996-1997 school
16 year that is less than the amount of the aggregate general
17 State aid entitlement that the district received under this
18 Section for the 1995-1996 school year, the school district
19 shall also receive, from a separate appropriation made for
20 purposes of this paragraph (o), a supplementary payment that
21 is equal to the amount by which the general State aid
22 entitlement received by the district under this Section for
23 the 1995-1996 school year exceeds the general State aid
24 entitlement that the district is to receive under this
25 Section for the 1996-1997 school year.
26 Notwithstanding any other provisions of this Section, for
27 the 1997-1998 school year the amount of the aggregate general
28 State aid entitlement that is received under this Section by
29 each school district for that school year shall be not less
30 than the amount of the aggregate general State aid
31 entitlement that was received by the district under this
32 Section for the 1996-1997 school year. If a school district
33 is to receive an aggregate general State aid entitlement
34 under this Section for the 1997-1998 school year that is less
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1 than the amount of the aggregate general State aid
2 entitlement that the district received under this Section for
3 the 1996-1997 school year, the school district shall also
4 receive, from a separate appropriation made for purposes of
5 this paragraph (o), a supplementary payment that is equal to
6 the amount by which the general State aid entitlement
7 received by the district under this Section for the 1996-1997
8 school year exceeds the general State aid entitlement that
9 the district is to receive under this Section for the
10 1997-1998 school year.
11 If the amount appropriated for supplementary payments to
12 school districts under this paragraph (o) is insufficient for
13 that purpose, the supplementary payments that districts are
14 to receive under this paragraph shall be prorated according
15 to the aggregate amount of the appropriation made for
16 purposes of this paragraph.
17 (p) For the 1997-1998 school year, a supplemental
18 general State aid grant shall be provided for school
19 districts as follows:
20 (i) The general State aid received by a school
21 district under this Section for the 1997-1998 school year
22 shall be added to the sum of (A) the result obtained by
23 multiplying the 1995 equalized valuation of all taxable
24 property in the district by the fixed calculation tax
25 rates of 3.0% for unit districts, 2.0% for elementary
26 districts and 1.0% for high school districts plus (B) the
27 aggregate corporate personal property replacement
28 revenues received by the district during the 1996-1997
29 school year;
30 (ii) The aggregate amount determined under item (i)
31 of this subsection 5(p) shall be divided by the average
32 of the best 3 months of pupil attendance in the district
33 for the 1996-1997 school year; and
34 (iii) If the result obtained by dividing the
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1 aggregate amount determined under item (i) of this
2 subsection 5(p) by the average of the best 3 months of
3 pupil attendance in the district as provided in item (ii)
4 of this subsection 5(p) is less than $4,100 $3,600, the
5 supplemental general State aid grant that the district
6 shall receive under this subsection 5(p) for the
7 1997-1998 school year shall be equal to the amount
8 determined by subtracting from $4,100 $3,600 the result
9 obtained by dividing the aggregate amount determined
10 under item (i) of this subsection by the average of the
11 best 3 months of pupil attendance in the district as
12 provided in item (ii) of this subsection, and by
13 multiplying that difference by the average of the best 3
14 months of pupil attendance in the district for the
15 1996-1997 school year.
16 If the moneys appropriated in a separate line item by the
17 General Assembly to the State Board of Education for
18 supplementary payments required to be made and distributed to
19 school districts for any school year under this subsection
20 5(p) are insufficient, the amount of the supplementary
21 payments required to be made and distributed to those school
22 districts under this subsection 5(p) for that school year
23 shall abate proportionately.
24 B. In calculating the amount to be paid to the governing
25 board of a public university that operates a laboratory
26 school under this Section or to any alternative school that
27 is operated by a regional superintendent, the State Board of
28 Education shall require by rule such reporting requirements
29 as it deems necessary.
30 As used in this Section, "laboratory school" means a
31 public school which is created and operated by a public
32 university and approved by the State Board of Education. The
33 governing board of a public university which receives funds
34 from the State Board under this subsection B may not increase
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1 the number of students enrolled in its laboratory school from
2 a single district, if that district is already sending 50 or
3 more students, except under a mutual agreement between the
4 school board of a student's district of residence and the
5 university which operates the laboratory school. A
6 laboratory school may not have more than 1,000 students,
7 excluding students with disabilities in a special education
8 program.
9 As used in this Section, "alternative school" means a
10 public school which is created and operated by a Regional
11 Superintendent of Schools and approved by the State Board of
12 Education. Such alternative schools may offer courses of
13 instruction for which credit is given in regular school
14 programs, courses to prepare students for the high school
15 equivalency testing program or vocational and occupational
16 training.
17 Each laboratory and alternative school shall file, on
18 forms provided by the State Superintendent of Education, an
19 annual State aid claim which states the average daily
20 attendance of the school's students by month. The best 3
21 months' average daily attendance shall be computed for each
22 school. The weighted average daily attendance shall be
23 computed and the weighted average daily attendance for the
24 school's most recent 3 year average shall be compared to the
25 most recent weighted average daily attendance, and the
26 greater of the 2 shall be used for the calculation under this
27 subsection B. The general State aid entitlement shall be
28 computed by multiplying the school's student count by the
29 foundation level as determined under this Section.
30 C. This Section is repealed July 1, 1998.
31 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
32 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
33 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
34 7-1-97; 90-14, eff. 7-1-97.)
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1 (105 ILCS 5/18-8.05 new)
2 Sec. 18-8.05. Basis for apportionment of general State
3 financial aid and supplemental general State aid to the
4 common schools for the 1998-1999 and subsequent school years.
5 (A) General Provisions.
6 (1) The provisions of this Section apply only to the
7 1998-1999 and subsequent school years. The system of general
8 State financial aid provided for in this Section is designed
9 to assure that, through a combination of State financial aid
10 and required local resources, the financial support provided
11 each pupil in Average Daily Attendance equals or exceeds a
12 prescribed per pupil Foundation Level. This formula approach
13 imputes a level of per pupil Available Local Resources and
14 provides for the basis to calculate a per pupil level of
15 general State financial aid that, when added to Available
16 Local Resources, equals or exceeds the Foundation Level. The
17 amount of per pupil general State financial aid for school
18 districts, in general, varies in inverse relation to
19 Available Local Resources. Per pupil amounts are based upon
20 each school district's Average Daily Attendance as that term
21 is defined in this Section.
22 (2) In addition to general State financial aid, school
23 districts with specified levels or concentrations of pupils
24 from low income households are eligible to receive
25 supplemental general State financial aid grants as provided
26 pursuant to subsection (H). The supplemental State aid grants
27 provided for school districts under subsection (H) shall be
28 appropriated for distribution to school districts as part of
29 the same line item in which the general State financial aid
30 of school districts is appropriated under this Section.
31 (3) To receive financial assistance under this Section,
32 school districts are required to file claims with the State
33 Board of Education, subject to the following requirements:
34 (a) Any school district which fails for any given
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1 school year to maintain school as required by law, or to
2 maintain a recognized school is not eligible to file for
3 such school year any claim upon the Common School Fund.
4 In case of nonrecognition of one or more attendance
5 centers in a school district otherwise operating
6 recognized schools, the claim of the district shall be
7 reduced in the proportion which the Average Daily
8 Attendance in the attendance center or centers bear to
9 the Average Daily Attendance in the school district. A
10 "recognized school" means any public school which meets
11 the standards as established for recognition by the State
12 Board of Education. A school district or attendance
13 center not having recognition status at the end of a
14 school term is entitled to receive State aid payments due
15 upon a legal claim which was filed while it was
16 recognized.
17 (b) School district claims filed under this Section
18 are subject to Sections 18-9, 18-10, and 18-12, except as
19 otherwise provided in this Section.
20 (c) If a school district operates a full year
21 school under Section 10-19.1, the general State aid to
22 the school district shall be determined by the State
23 Board of Education in accordance with this Section as
24 near as may be applicable.
25 (d) Claims for financial assistance under this
26 Section shall not be recomputed except as expressly
27 provided under this Section.
28 (4) Except as provided in subsections (H) and (L), the
29 board of any district receiving any of the grants provided
30 for in this Section may apply those funds to any fund so
31 received for which that board is authorized to make
32 expenditures by law.
33 School districts are not required to exert a minimum
34 Operating Tax Rate in order to qualify for assistance under
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1 this Section.
2 (5) As used in this Section the following terms, when
3 capitalized, shall have the meaning ascribed herein:
4 (a) "Average Daily Attendance": A count of pupil
5 attendance in school, averaged as provided for in
6 subsection (C) and utilized in deriving per pupil
7 financial support levels.
8 (b) "Available Local Resources": A computation of
9 local financial support, calculated on the basis Average
10 Daily Attendance and derived as provided pursuant to
11 subsection (D).
12 (c) "Corporate Personal Property Replacement
13 Taxes": Funds paid to local school districts pursuant to
14 "An Act in relation to the abolition of ad valorem
15 personal property tax and the replacement of revenues
16 lost thereby, and amending and repealing certain Acts and
17 parts of Acts in connection therewith", certified August
18 14, 1979, as amended (Public Act 81-1st S.S.-1).
19 (d) "Foundation Level": A prescribed level of per
20 pupil financial support as provided for in subsection
21 (B).
22 (e) "Operating Tax Rate": All school district
23 property taxes extended for all purposes, except
24 community college educational purposes for the payment of
25 tuition under Section 6-1 of the Public Community College
26 Act, Bond and Interest, Summer School, Rent, Capital
27 Improvement, and Vocational Education Building purposes.
28 (B) Foundation Level.
29 (1) The Foundation Level is a figure established by the
30 State representing the minimum level of per pupil financial
31 support that should be available to provide for the basic
32 education of each pupil in Average Daily Attendance. As set
33 forth in this Section, each school district is assumed to
34 exert a sufficient local taxing effort such that, in
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1 combination with the aggregate of general State financial aid
2 provided the district, an aggregate of State and local
3 resources are available to meet the basic education needs of
4 pupils in the district.
5 (2) For the 1998-1999 school year and each school year
6 thereafter, the Foundation Level of support is $4,225 or such
7 greater amount as may be established by law by the General
8 Assembly.
9 (C) Average Daily Attendance.
10 (1) For purposes of calculating general State aid
11 pursuant to subsection (E), an Average Daily Attendance
12 figure shall be utilized. The Average Daily Attendance
13 figure for formula calculation purposes shall be the monthly
14 average of the actual number of pupils in attendance of each
15 school district, as further averaged for the best 3 months of
16 pupil attendance for each school district. In compiling the
17 figures for the number of pupils in attendance, school
18 districts and the State Board of Education shall, for
19 purposes of general State aid funding, conform attendance
20 figures to the requirements of subsection (F).
21 (2) The Average Daily Attendance figures utilized in
22 subsection (E) shall be the requisite attendance data for the
23 school year immediately preceding the school year for which
24 general State aid is being calculated.
25 (D) Available Local Resources.
26 (1) For purposes of calculating general State aid
27 pursuant to subsection (E), a representation of Available
28 Local Resources per pupil, as that term is defined and
29 determined in this subsection, shall be utilized. Available
30 Local Resources per pupil shall include a calculated dollar
31 amount representing local school district revenues from local
32 property taxes and from Corporate Personal Property
33 Replacement Taxes, expressed on the basis of pupils in
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1 Average Daily Attendance.
2 (2) In determining a school district's revenue from
3 local property taxes, the State Board of Education shall
4 utilize the equalized assessed valuation of all taxable
5 property of each school district as of September 30 of the
6 previous year. The equalized assessed valuation utilized
7 shall be obtained and determined as provided in subsection
8 (G).
9 (3) For school districts maintaining grades kindergarten
10 through 12, local property tax revenues per pupil shall be
11 calculated as the product of the applicable equalized
12 assessed valuation for the district multiplied by 3.00%, and
13 divided by the district's Average Daily Attendance figure.
14 For school districts maintaining grades kindergarten through
15 8, local property tax revenues per pupil shall be calculated
16 as the product of the applicable equalized assessed valuation
17 for the district multiplied by 2.30%, and divided by the
18 district's Average Daily Attendance figure. For school
19 districts maintaining grades 9 through 12, local property tax
20 revenues per pupil shall be the applicable equalized assessed
21 valuation of the district multiplied by 1.20%, and divided by
22 the district's Average Daily Attendance figure.
23 (4) The Corporate Personal Property Replacement Taxes
24 paid to each school district during the calendar year 2 years
25 before the calendar year in which a school year begins,
26 divided by the Average Daily Attendance figure for that
27 district, shall be added to the local property tax revenues
28 per pupil as derived by the application of the immediately
29 preceding paragraph (3). The sum of these per pupil figures
30 for each school district shall constitute Available Local
31 Resources as that term is utilized in subsection (E) in the
32 calculation of general State aid.
33 (E) Computation of General State Aid.
34 (1) For each school year, the amount of general State
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1 aid allotted to a school district shall be computed by the
2 State Board of Education as provided in this subsection.
3 (2) For any school district for which Available Local
4 Resources per pupil is less than the product of 0.93 times
5 the Foundation Level, general State aid for that district
6 shall be calculated as an amount equal to the Foundation
7 Level minus Available Local Resources, multiplied by the
8 Average Daily Attendance of the school district.
9 (3) For any school district for which Available Local
10 Resources per pupil is equal to or greater than the product
11 of 0.93 times the Foundation Level and less than the product
12 of 1.75 times the Foundation Level, the general State aid per
13 pupil shall be a decimal proportion of the Foundation Level
14 derived using a linear algorithm. Under this linear
15 algorithm, the calculated general State aid per pupil shall
16 decline in direct linear fashion from 0.07 times the
17 Foundation Level for a school district with Available Local
18 Resources equal to the product of 0.93 times the Foundation
19 Level, to 0.05 times the Foundation Level for a school
20 district with Available Local Resources equal to the product
21 of 1.75 times the Foundation Level. The allocation of
22 general State aid for school districts subject to this
23 paragraph 3 shall be the calculated general State aid per
24 pupil figure multiplied by the Average Daily Attendance of
25 the school district.
26 (4) For any school district for which Available Local
27 Resources per pupil equals or exceeds the product of 1.75
28 times the Foundation Level, the general State aid for the
29 school district shall be calculated as the product of $218
30 multiplied by the Average Daily Attendance of the school
31 district.
32 (F) Compilation of Average Daily Attendance.
33 (1) Each school district shall, by July 1 of each year,
34 submit to the State Board of Education, on forms prescribed
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1 by the State Board of Education, attendance figures for the
2 school year that began in the preceding calendar year. The
3 attendance information so transmitted shall identify the
4 average daily attendance figures for each month of the school
5 year, except that any days of attendance in August shall be
6 added to the month of September and any days of attendance in
7 June shall be added to the month of May.
8 Except as otherwise provided in this Section, days of
9 attendance by pupils shall be counted only for sessions of
10 not less than 5 clock hours of school work per day under
11 direct supervision of: (i) teachers, or (ii) non-teaching
12 personnel or volunteer personnel when engaging in
13 non-teaching duties and supervising in those instances
14 specified in subsection (a) of Section 10-22.34 and paragraph
15 10 of Section 34-18, with pupils of legal school age and in
16 kindergarten and grades 1 through 12.
17 Days of attendance by tuition pupils shall be accredited
18 only to the districts that pay the tuition to a recognized
19 school.
20 (2) Days of attendance by pupils of less than 5 clock
21 hours of school shall be subject to the following provisions
22 in the compilation of Average Daily Attendance.
23 (a) Pupils regularly enrolled in a public school
24 for only a part of the school day may be counted on the
25 basis of 1/6 day for every class hour of instruction of
26 40 minutes or more attended pursuant to such enrollment.
27 (b) Days of attendance may be less than 5 clock
28 hours on the opening and closing of the school term, and
29 upon the first day of pupil attendance, if preceded by a
30 day or days utilized as an institute or teachers'
31 workshop.
32 (c) A session of 4 or more clock hours may be
33 counted as a day of attendance upon certification by the
34 regional superintendent, and approved by the State
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1 Superintendent of Education to the extent that the
2 district has been forced to use daily multiple sessions.
3 (d) A session of 3 or more clock hours may be
4 counted as a day of attendance (1) when the remainder of
5 the school day or at least 2 hours in the evening of that
6 day is utilized for an in-service training program for
7 teachers, up to a maximum of 5 days per school year of
8 which a maximum of 4 days of such 5 days may be used for
9 parent-teacher conferences, provided a district conducts
10 an in-service training program for teachers which has
11 been approved by the State Superintendent of Education;
12 or, in lieu of 4 such days, 2 full days may be used, in
13 which event each such day may be counted as a day of
14 attendance; and (2) when days in addition to those
15 provided in item (1) are scheduled by a school pursuant
16 to its school improvement plan adopted under Article 34
17 or its revised or amended school improvement plan adopted
18 under Article 2, provided that (i) such sessions of 3 or
19 more clock hours are scheduled to occur at regular
20 intervals, (ii) the remainder of the school days in which
21 such sessions occur are utilized for in-service training
22 programs or other staff development activities for
23 teachers, and (iii) a sufficient number of minutes of
24 school work under the direct supervision of teachers are
25 added to the school days between such regularly scheduled
26 sessions to accumulate not less than the number of
27 minutes by which such sessions of 3 or more clock hours
28 fall short of 5 clock hours. Any full days used for the
29 purposes of this paragraph shall not be considered for
30 computing average daily attendance. Days scheduled for
31 in-service training programs, staff development
32 activities, or parent-teacher conferences may be
33 scheduled separately for different grade levels and
34 different attendance centers of the district.
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1 (e) A session of not less than one clock hour
2 teaching of hospitalized or homebound pupils on-site or
3 by telephone to the classroom may be counted as 1/2 day
4 of attendance, however these pupils must receive 4 or
5 more clock hours of instruction to be counted for a full
6 day of attendance.
7 (f) A session of at least 4 clock hours may be
8 counted as a day of attendance for first grade pupils,
9 and pupils in full day kindergartens, and a session of 2
10 or more hours may be counted as 1/2 day of attendance by
11 pupils in kindergartens which provide only 1/2 day of
12 attendance.
13 (g) For children with disabilities who are below
14 the age of 6 years and who cannot attend 2 or more clock
15 hours because of their disability or immaturity, a
16 session of not less than one clock hour may be counted as
17 1/2 day of attendance; however for such children whose
18 educational needs so require a session of 4 or more clock
19 hours may be counted as a full day of attendance.
20 (h) A recognized kindergarten which provides for
21 only 1/2 day of attendance by each pupil shall not have
22 more than 1/2 day of attendance counted in any 1 day.
23 However, kindergartens may count 2 1/2 days of attendance
24 in any 5 consecutive school days. When a pupil attends
25 such a kindergarten for 2 half days on any one school
26 day, the pupil shall have the following day as a day
27 absent from school, unless the school district obtains
28 permission in writing from the State Superintendent of
29 Education. Attendance at kindergartens which provide for
30 a full day of attendance by each pupil shall be counted
31 the same as attendance by first grade pupils. Only the
32 first year of attendance in one kindergarten shall be
33 counted, except in case of children who entered the
34 kindergarten in their fifth year whose educational
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1 development requires a second year of kindergarten as
2 determined under the rules and regulations of the State
3 Board of Education.
4 (G) Equalized Assessed Valuation Data.
5 (1) For purposes of the calculation of Available Local
6 Resources required pursuant to subsection (D), the State
7 Board of Education shall secure from the Department of
8 Revenue the value as equalized or assessed by the Department
9 of Revenue of all taxable property of every school district
10 together with the applicable tax rate used in extending taxes
11 for the funds of the district as of September 30 of the
12 previous year.
13 This equalized assessed valuation, as adjusted further by
14 the requirements of this subsection, shall be utilized in the
15 calculation of Available Local Resources.
16 (2) The equalized assessed valuation in paragraph (1)
17 shall be adjusted, as applicable, in the following manner:
18 (a) The Department of Revenue shall add to the
19 equalized assessed value of all taxable property of each
20 school district situated entirely or partially within a
21 county with 3,000,000 or more inhabitants an amount equal
22 to the total amount by which the homestead exemptions
23 allowed under Sections 15-170 and 15-175 of the Property
24 Tax Code for real property situated in that school
25 district exceeds the total amount that would have been
26 allowed in that school district as homestead exemptions
27 under those Sections if the maximum reduction under
28 Section 15-170 of the Property Tax Code was $2,500 and
29 the maximum reduction under Section 15-175 of the
30 Property Tax Code was $4,500. The county clerk of any
31 county with 3,000,000 or more inhabitants shall annually
32 calculate and certify to the Department for each school
33 district all homestead exemption amounts required by
34 Public Act 87-894. In a new district which has not had
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1 any tax rates yet determined for extension of taxes, a
2 leveled uniform rate shall be computed from the latest
3 amount of the fund taxes extended on the several areas
4 within the new district.
5 (b) For the purposes of calculating State aid under
6 this Section, with respect to any part of a school
7 district within a redevelopment project area in respect
8 to which a municipality has adopted tax increment
9 allocation financing pursuant to the Tax Increment
10 Allocation Redevelopment Act, Sections 11-74.4-1 through
11 11-74.4-11 of the Illinois Municipal Code or the
12 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
13 11-74.6-50 of the Illinois Municipal Code, no part of the
14 current equalized assessed valuation of real property
15 located in any such project area which is attributable to
16 an increase above the total initial equalized assessed
17 valuation of such property shall be used as part of the
18 equalized assessed valuation of the district, until such
19 time as all redevelopment project costs have been paid,
20 as provided in Section 11-74.4-8 of the Tax Increment
21 Allocation Redevelopment Act or in Section 11-74.6-35 of
22 the Industrial Jobs Recovery Law. For the purpose of the
23 equalized assessed valuation of the district, the total
24 initial equalized assessed valuation or the current
25 equalized assessed valuation, whichever is lower, shall
26 be used until such time as all redevelopment project
27 costs have been paid.
28 (c) The real property equalized assessed valuation
29 for a school district shall be adjusted by subtracting
30 from the real property value as equalized or assessed by
31 the Department of Revenue for the district an amount
32 computed by dividing the amount of any abatement of taxes
33 under Section 18-170 of the Property Tax Code by 3.00%
34 for a district maintaining grades kindergarten through 12
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1 or by 2.30% for a district maintaining grades
2 kindergarten through 8, or by 1.20% for a district
3 maintaining grades 9 through 12 and adjusted by an amount
4 computed by dividing the amount of any abatement of taxes
5 under subsection (a) of Section 18-165 of the Property
6 Tax Code by the same percentage rates for district type
7 as specified in this subparagraph (c).
8 (H) Supplemental General State Aid.
9 (1) In addition to the general State aid a school
10 district is allotted pursuant to subsection (E), qualifying
11 school districts shall receive a grant, paid in conjunction
12 with a district's payments of general State aid, for
13 supplemental general State aid based upon the concentration
14 level of children from low-income households within the
15 school district. Supplemental State aid grants provided for
16 school districts under this subsection shall be appropriated
17 for distribution to school districts as part of the same line
18 item in which the general State financial aid of school
19 districts is appropriated under this Section. For purposes of
20 this subsection, the term "Low-Income Concentration Level"
21 shall be the low-income eligible pupil count from the most
22 recently available federal census divided by the Average
23 Daily Attendance of the school district.
24 (2) Supplemental general State aid pursuant to this
25 subsection shall be provided as follows:
26 (a) For any school district with a Low Income
27 Concentration Level of at least 20% and less than 35%,
28 the grant for any school year shall be $800 multiplied by
29 the low income eligible pupil count.
30 (b) For any school district with a Low Income
31 Concentration Level of at least 35% and less than 50%,
32 the grant for any school year shall be $1,100 multiplied
33 by the low income eligible pupil count.
34 (c) For any school district with a Low Income
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1 Concentration Level of at least 50% and less than 60%,
2 the grant for any school year shall be $1,500 multiplied
3 by the low income eligible pupil count.
4 (d) For any school district with a Low Income
5 Concentration Level of 60% or more, the grant for any
6 school year shall be $1,900 multiplied by the low income
7 eligible pupil count.
8 (3) School districts with an Average Daily Attendance of
9 more than 1,000 and less than 50,000 that qualify for
10 supplemental general State aid pursuant to this subsection
11 shall submit a plan to the State Board of Education prior to
12 October 30 of each year for the use of the funds resulting
13 from this grant of supplemental general State aid for the
14 improvement of instruction in which priority is given to
15 meeting the education needs of disadvantaged children. Such
16 plan shall be submitted in accordance with rules and
17 regulations promulgated by the State Board of Education.
18 (4) School districts with an Average Daily Attendance of
19 50,000 or more that qualify for supplemental general State
20 aid pursuant to this subsection shall be required to
21 distribute from funds available pursuant to this Section, no
22 less than $261,000,000 in accordance with the following
23 requirements:
24 (a) The required amounts shall be distributed to
25 the attendance centers within the district in proportion
26 to the number of pupils enrolled at each attendance
27 center who are eligible to receive free or reduced-price
28 lunches or breakfasts under the federal Child Nutrition
29 Act of 1966 and under the National School Lunch Act
30 during the immediately preceding school year.
31 (b) The distribution of these portions of
32 supplemental and general State aid among attendance
33 centers according to these requirements shall not be
34 compensated for or contravened by adjustments of the
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1 total of other funds appropriated to any attendance
2 centers, and the Board of Education shall utilize funding
3 from one or several sources in order to fully implement
4 this provision annually prior to the opening of school.
5 (c) Each attendance center shall be provided by the
6 school district a distribution of noncategorical funds
7 and other categorical funds to which an attendance center
8 is entitled under law in order that the general State aid
9 and supplemental general State aid provided by
10 application of this subsection supplements rather than
11 supplants the noncategorical funds and other categorical
12 funds provided by the school district to the attendance
13 centers.
14 (d) Any funds made available under this subsection
15 that by reason of the provisions of this subsection are
16 not required to be allocated and provided to attendance
17 centers may be used and appropriated by the board of the
18 district for any lawful school purpose.
19 (e) Funds received by an attendance center pursuant
20 to this subsection shall be used by the attendance center
21 at the discretion of the principal and local school
22 council for programs to improve educational opportunities
23 at qualifying schools through the following programs and
24 services: early childhood education, reduced class size
25 or improved adult to student classroom ratio, enrichment
26 programs, remedial assistance, attendance improvement and
27 other educationally beneficial expenditures which
28 supplement the regular and basic programs as determined
29 by the State Board of Education. Funds provided shall
30 not be expended for any political or lobbying purposes as
31 defined by board rule.
32 (f) Each district subject to the provisions of this
33 subdivision (H)(4) shall submit an acceptable plan to
34 meet the educational needs of disadvantaged children, in
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1 compliance with the requirements of this paragraph, to
2 the State Board of Education prior to July 15 of each
3 year. This plan shall be consistent with the decisions of
4 local school councils concerning the school expenditure
5 plans developed in accordance with part 4 of Section
6 34-2.3. The State Board shall approve or reject the plan
7 within 60 days after its submission. If the plan is
8 rejected, the district shall give written notice of
9 intent to modify the plan within 15 days of the
10 notification of rejection and then submit a modified plan
11 within 30 days after the date of the written notice of
12 intent to modify. Districts may amend approved plans
13 pursuant to rules promulgated by the State Board of
14 Education.
15 Upon notification by the State Board of Education
16 that the district has not submitted a plan prior to July
17 15 or a modified plan within the time period specified
18 herein, the State aid funds affected by that plan or
19 modified plan shall be withheld by the State Board of
20 Education until a plan or modified plan is submitted.
21 If the district fails to distribute State aid to
22 attendance centers in accordance with an approved plan,
23 the plan for the following year shall allocate funds, in
24 addition to the funds otherwise required by this
25 subsection, to those attendance centers which were
26 underfunded during the previous year in amounts equal to
27 such underfunding.
28 For purposes of determining compliance with this
29 subsection in relation to the requirements of attendance
30 center funding, each district subject to the provisions
31 of this subsection shall submit as a separate document by
32 December 1 of each year a report of expenditure data for
33 the prior year in addition to any modification of its
34 current plan. If it is determined that there has been a
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1 failure to comply with the expenditure provisions of this
2 subsection regarding contravention or supplanting, the
3 State Superintendent of Education shall, within 60 days
4 of receipt of the report, notify the district and any
5 affected local school council. The district shall within
6 45 days of receipt of that notification inform the State
7 Superintendent of Education of the remedial or corrective
8 action to be taken, whether by amendment of the current
9 plan, if feasible, or by adjustment in the plan for the
10 following year. Failure to provide the expenditure
11 report or the notification of remedial or corrective
12 action in a timely manner shall result in a withholding
13 of the affected funds.
14 The State Board of Education shall promulgate rules
15 and regulations to implement the provisions of this
16 subsection. No funds shall be released under this
17 subdivision (H)(4) to any district that has not submitted
18 a plan that has been approved by the State Board of
19 Education.
20 (I) General State Aid for Newly Configured School Districts.
21 (1) For a new school district formed by combining
22 property included totally within 2 or more previously
23 existing school districts, for its first year of existence
24 the general State aid and supplemental general State aid
25 calculated under this Section shall be computed for the new
26 district and for the previously existing districts for which
27 property is totally included within the new district. If the
28 computation on the basis of the previously existing districts
29 is greater, a supplementary payment equal to the difference
30 shall be made for the first 4 years of existence of the new
31 district.
32 (2) For a school district which annexes all of the
33 territory of one or more entire other school districts, for
34 the first year during which the change of boundaries
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1 attributable to such annexation becomes effective for all
2 purposes as determined under Section 7-9 or 7A-8, the general
3 State aid and supplemental general State aid calculated under
4 this Section shall be computed for the annexing district as
5 constituted after the annexation and for the annexing and
6 each annexed district as constituted prior to the annexation;
7 and if the computation on the basis of the annexing and
8 annexed districts as constituted prior to the annexation is
9 greater, a supplementary payment equal to the difference
10 shall be made for the first 4 years of existence of the
11 annexing school district as constituted upon such annexation.
12 (3) For 2 or more school districts which annex all of
13 the territory of one or more entire other school districts,
14 and for 2 or more community unit districts which result upon
15 the division (pursuant to petition under Section 11A-2) of
16 one or more other unit school districts into 2 or more parts
17 and which together include all of the parts into which such
18 other unit school district or districts are so divided, for
19 the first year during which the change of boundaries
20 attributable to such annexation or division becomes effective
21 for all purposes as determined under Section 7-9 or 11A-10,
22 as the case may be, the general State aid and supplemental
23 general State aid calculated under this Section shall be
24 computed for each annexing or resulting district as
25 constituted after the annexation or division and for each
26 annexing and annexed district, or for each resulting and
27 divided district, as constituted prior to the annexation or
28 division; and if the aggregate of the general State aid and
29 supplemental general State aid as so computed for the
30 annexing or resulting districts as constituted after the
31 annexation or division is less than the aggregate of the
32 general State aid and supplemental general State aid as so
33 computed for the annexing and annexed districts, or for the
34 resulting and divided districts, as constituted prior to the
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1 annexation or division, then a supplementary payment equal to
2 the difference shall be made and allocated between or among
3 the annexing or resulting districts, as constituted upon such
4 annexation or division, for the first 4 years of their
5 existence. The total difference payment shall be allocated
6 between or among the annexing or resulting districts in the
7 same ratio as the pupil enrollment from that portion of the
8 annexed or divided district or districts which is annexed to
9 or included in each such annexing or resulting district bears
10 to the total pupil enrollment from the entire annexed or
11 divided district or districts, as such pupil enrollment is
12 determined for the school year last ending prior to the date
13 when the change of boundaries attributable to the annexation
14 or division becomes effective for all purposes. The amount
15 of the total difference payment and the amount thereof to be
16 allocated to the annexing or resulting districts shall be
17 computed by the State Board of Education on the basis of
18 pupil enrollment and other data which shall be certified to
19 the State Board of Education, on forms which it shall provide
20 for that purpose, by the regional superintendent of schools
21 for each educational service region in which the annexing and
22 annexed districts, or resulting and divided districts are
23 located.
24 (4) Any supplementary payment made under this subsection
25 (I) shall be treated as separate from all other payments made
26 pursuant to this Section.
27 (J) Supplementary Grants in Aid.
28 (1) Notwithstanding any other provisions of this
29 Section, the amount of the aggregate general State aid in
30 combination with supplemental general State aid under this
31 Section for which each school district is eligible for the
32 1998-1999 school year shall be no less than the amount of the
33 aggregate general State aid entitlement that was received by
34 the district under Section 18-8 for the 1997-98 school year,
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1 pursuant to the provisions of that Section as it was then in
2 effect.
3 (2) If, as provided in paragraph (1) of this subsection
4 (J), a school district is to receive aggregate general State
5 aid in combination with supplemental general State aid under
6 this Section for the 1998-99 school year, the school district
7 shall also receive, from a separate appropriation made for
8 purposes of this subsection (J), a supplementary payment that
9 is equal to the amount of the difference in the aggregate
10 State aid figures as described in paragraph (1).
11 (3) If the amount appropriated for supplementary
12 payments to school districts under this subsection (J) is
13 insufficient for that purpose, the supplementary payments
14 that districts are to receive under this subsection shall be
15 prorated according to the aggregate amount of the
16 appropriation made for purposes of this subsection.
17 (K) Grants to Laboratory and Alternative Schools.
18 In calculating the amount to be paid to the governing
19 board of a public university that operates a laboratory
20 school under this Section or to any alternative school that
21 is operated by a regional superintendent, the State Board of
22 Education shall require by rule such reporting requirements
23 as it deems necessary.
24 As used in this Section, "laboratory school" means a
25 public school which is created and operated by a public
26 university and approved by the State Board of Education. The
27 governing board of a public university which receives funds
28 from the State Board under this subsection (K) may not
29 increase the number of students enrolled in its laboratory
30 school from a single district, if that district is already
31 sending 50 or more students, except under a mutual agreement
32 between the school board of a student's district of residence
33 and the university which operates the laboratory school. A
34 laboratory school may not have more than 1,000 students,
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1 excluding students with disabilities in a special education
2 program.
3 As used in this Section, "alternative school" means a
4 public school which is created and operated by a Regional
5 Superintendent of Schools and approved by the State Board of
6 Education. Such alternative schools may offer courses of
7 instruction for which credit is given in regular school
8 programs, courses to prepare students for the high school
9 equivalency testing program or vocational and occupational
10 training.
11 Each laboratory and alternative school shall file, on
12 forms provided by the State Superintendent of Education, an
13 annual State aid claim which states the Average Daily
14 Attendance of the school's students by month. The best 3
15 months' Average Daily Attendance shall be computed for each
16 school. The Average Daily Attendance figures utilized under
17 this subsection (K) shall be the requisite attendance data
18 for the school year immediately preceding the school year for
19 which the general State aid entitlement is being calculated.
20 The general State aid entitlement shall be computed by
21 multiplying the applicable Average Daily Attendance by the
22 Foundation Level as determined under this Section.
23 (L) Payments, Additional Grants in Aid and Other
24 Requirements.
25 (1) For a school district operating under the financial
26 supervision of an Authority created under Article 34A, the
27 general State aid otherwise payable to that district under
28 this Section, but not the supplemental general State aid,
29 shall be reduced by an amount equal to the budget for the
30 operations of the Authority as certified by the Authority to
31 the State Board of Education, and an amount equal to such
32 reduction shall be paid to the Authority created for such
33 district for its operating expenses in the manner provided in
34 Section 18-11. The remainder of general State school aid for
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1 any such district shall be paid in accordance with Article
2 34A when that Article provides for a disposition other than
3 that provided by this Article.
4 (2) Impaction. Impaction payments shall be made as
5 provided for in Section 18-4.2.
6 (3) Summer school. Summer school payments shall be made
7 as provided in Section 18-4.3.
8 (M) General State Aid Adjustment Grant.
9 (1) Any school district subject to property tax
10 extension limitations as imposed under the provisions of the
11 Property Tax Extension Limitation Law shall be entitled to
12 receive, subject to the qualifications and requirements of
13 this subsection, a general State aid adjustment grant.
14 Eligibility for this grant shall be determined on an annual
15 basis and claims for grant payments shall be paid subject to
16 appropriations made specific to this subsection. For
17 purposes of this subsection the following terms shall have
18 the following meanings:
19 "Budget Year": The school year for which general State
20 aid is calculated and awarded under subsection (E).
21 "Current Year": The school year immediately preceding
22 the Budget Year.
23 "Base Tax Year": The property tax levy year used to
24 calculate the Budget Year allocation of general State aid.
25 "Preceding Tax Year": The property tax levy year
26 immediately preceding the Base Tax Year.
27 "Extension Limitation Ratio": A numerical ratio,
28 certified by a school district's County Clerk, in which the
29 numerator is the Base Tax Year's tax extension amount
30 resulting from the Operating Tax Rate and the denominator is
31 the Preceding Tax Year's tax extension amount resulting from
32 the Operating Tax Rate.
33 "Operating Tax Rate": The operating tax rate as defined
34 in subsection (A).
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1 (2) To qualify for a general State aid adjustment grant,
2 a school district must meet all of the following eligibility
3 criteria for each Budget Year for which a grant is claimed:
4 (a) The Operating Tax Rate of the school district
5 in the Preceding Tax Year was at least 3.00% in the case
6 of a school district maintaining grades kindergarten
7 through 12, at least 2.30% in the case of a school
8 district maintaining grades kindergarten through 8, or at
9 least 1.20% in the case of a school district maintaining
10 grades 9 through 12.
11 (b) The Operating Tax Rate of the school district
12 for the Base Tax Year was reduced by the Clerk of the
13 County as a result of the requirements of the Property
14 Tax Extension Limitation Law.
15 (c) The Available Local Resources per pupil of the
16 school district as calculated pursuant to subsection (D)
17 using the Base Tax Year are less than the product of 1.75
18 times the Foundation Level for the Budget Year.
19 (d) The school district has filed a proper and
20 timely claim for a general State aid adjustment grant as
21 required under this subsection.
22 (3) A claim for grant assistance under this subsection
23 shall be filed with the State Board of Education on or before
24 January 1 of the Current Year for a grant for the Budget
25 Year. The claim shall be made on forms prescribed by the
26 State Board of Education and must be accompanied by a written
27 statement from the Clerk of the County, certifying:
28 (a) That the school district has its extension for
29 the Base Tax Year reduced as a result of the Property Tax
30 Extension Limitation Law.
31 (b) That the Operating Tax Rate of the school
32 district for the Preceding Tax Year met the tax rate
33 requirements of subdivision (M)(2) of this Section.
34 (c) The Extension Limitation Ratio as that term is
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1 defined in this subsection.
2 (4) On or before August 1 of the Budget Year the State
3 Board of Education shall calculate, for all school districts
4 meeting the other requirements of this subsection, the amount
5 of the general State aid adjustment grant, if any, that the
6 school districts are eligible to receive in the Budget Year.
7 The amount of the general State aid adjustment grant shall be
8 calculated as follows:
9 (a) Determine the school district's general State
10 aid grant for the Budget Year as provided in accordance
11 with the provisions of subsection (E).
12 (b) Determine the school district's adjusted level
13 of general State aid by utilizing in the calculation of
14 Available Local Resources an equalized assessed valuation
15 that is the equalized assessed valuation of the Preceding
16 Tax Year multiplied by the Extension Limitation Ratio.
17 (c) Subtract the sum derived in subparagraph (a)
18 from the sum derived in subparagraph (b). If the result
19 is a positive number, that amount shall be the general
20 State aid adjustment grant that the district is eligible
21 to receive.
22 (5) The State Board of Education shall in the Current
23 Year, based upon claims filed in the Current Year, recommend
24 to the General Assembly an appropriation amount for the
25 general State aid adjustment grants to be made in the Budget
26 Year.
27 (6) Claims for general State aid adjustment grants shall
28 be paid in a lump sum on or before January 1 of the Budget
29 Year only from appropriations made by the General Assembly
30 expressly for claims under this subsection. No such claims
31 may be paid from amounts appropriated for any other purpose
32 provided for under this Section. In the event that the
33 appropriation for claims under this subsection is
34 insufficient to meet all Budget Year claims for a general
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1 State aid adjustment grant, the appropriation available shall
2 be proportionately prorated by the State Board of Education
3 amongst all districts filing for and entitled to payments.
4 (7) The State Board of Education shall promulgate the
5 required claim forms and rules necessary to implement the
6 provisions of this subsection.
7 (N) References.
8 (1) References in other laws to the various subdivisions
9 of Section 18-8 as that Section existed before it was
10 repealed and replaced by this Section 18-8.05 shall be deemed
11 to refer to the corresponding provisions of this Section
12 18-8.05, to the extent that those references remain
13 applicable.
14 (2) References in other laws to State Chapter 1 funds
15 shall be deemed to refer to the supplemental general State
16 aid provided under subsection (H) of this Section.
17 (105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)
18 Sec. 18-8.2. Supplementary State aid for new and for
19 certain annexing districts.
20 (a) After the formation of a new district, a computation
21 shall be made to determine the difference between the
22 salaries effective in each of the previously existing
23 districts on June 30, prior to the creation of the new
24 district. For the first 4 3 years after the formation of the
25 new district or if the new district was formed after October
26 31, 1982 and prior to the effective date of this amendatory
27 Act of 1985, for the 3 years immediately following such
28 effective date, a supplementary State aid reimbursement shall
29 be paid to the new district equal to the difference between
30 the sum of the salaries earned by each of the certificated
31 members of the new district while employed in one of the
32 previously existing districts during the year immediately
33 preceding the formation of the new district and the sum of
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1 the salaries those certificated members would have been paid
2 during the year immediately prior to the formation of the new
3 district if placed on the salary schedule of the previously
4 existing district with the highest salary schedule.
5 (b) After the territory of one or more school districts
6 is annexed by one or more other school districts, or after
7 the division (pursuant to petition under Section 11A-2) of a
8 unit school district or districts into 2 or more parts which
9 all are included in 2 or more other community unit districts
10 resulting upon that division, a computation shall be made to
11 determine the difference between the salaries effective in
12 each such annexed or divided district and in the annexing or
13 resulting district or districts as they each were constituted
14 on June 30 preceding the date when the change of boundaries
15 attributable to such annexation or division became effective
16 for all purposes as determined under Section 7-9, 7A-8 or
17 11A-10. For the first 4 3 years after any such annexation or
18 division, a supplementary State aid reimbursement shall be
19 paid to each annexing or resulting district as constituted
20 after the annexation or division equal to the difference
21 between the sum of the salaries earned by each of the
22 certificated members of such annexing or resulting district
23 as constituted after the annexation or division while
24 employed in an annexed or annexing district, or in a divided
25 or resulting district, during the year immediately preceding
26 the annexation or division, and the sum of the salaries those
27 certificated members would have been paid during such
28 immediately preceding year if placed on the salary schedule
29 of whichever of such annexing or annexed districts, or
30 resulting or divided districts, had the highest salary
31 schedule during such immediately preceding year.
32 (c) Such supplementary State aid reimbursement shall be
33 treated as separate from all other payments made pursuant to
34 Section 18-8. In the case of the formation of a new district,
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1 reimbursement shall begin during the first year of operation
2 of the new district; and in the case of an annexation of the
3 territory of one or more school districts by one or more
4 other school districts, or the division (pursuant to petition
5 under Section 11A-2) of a unit school district or districts
6 into 2 or more parts which all are included in 2 or more
7 other community unit districts resulting upon that division,
8 reimbursement shall begin during the first year when the
9 change in boundaries attributable to such annexation or
10 division becomes effective for all purposes as determined
11 pursuant to Section 7-9, 7A-8 or 11A-10. Each year any such
12 new, annexing or resulting district, as the case may be, is
13 entitled to receive reimbursement, the number of eligible
14 certified members who are employed on October 1 in any such
15 district shall be certified to the State Board of Education
16 on prescribed forms by October 15 and payment shall be made
17 on or before November 15 of that year.
18 (d) If a unit school district annexes all the territory
19 of another unit school district effective for all purposes
20 pursuant to Section 7-9 on July 1, 1988, and if part of the
21 annexed territory is detached within 90 days after July 1,
22 1988, then the detachment shall be disregarded in computing
23 the supplementary State aid reimbursements under this Section
24 for the entire 3 year period and the supplementary State aid
25 reimbursements shall not be diminished because of the
26 detachment.
27 (e) The changes made by this amendatory Act of 1989 are
28 intended to be retroactive and applicable to any annexation
29 taking effect after August 1, 1987.
30 (Source: P.A. 86-13; 86-1334.)
31 (105 ILCS 5/18-8.4) (from Ch. 122, par. 18-8.4)
32 Sec. 18-8.4. Supplementary State aid for districts with
33 an increasing weighted average daily attendance. School
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1 districts which are entitled to a supplementary State aid
2 payment pursuant to subsection 1(m) of Part A of Section 18-8
3 because of an increase in their weighted average daily
4 attendance as computed for the first calendar month of a
5 current school year beginning July 1, 1986 or thereafter
6 shall file their claim for such supplementary aid on forms
7 prescribed by the State Board of Education. The State Board
8 of Education shall establish by rule the time and manner of
9 filing such claims and such reporting requirements as it
10 deems necessary to determine and compute the amount of the
11 supplementary State aid to be paid to districts pursuant to
12 subsection 1(m) of Part A of Section 18-8. Such
13 supplementary State aid payments shall be treated as separate
14 from all other payments made pursuant to Section 18-8. This
15 Section does not apply to the 1998-1999 school year or
16 thereafter.
17 (Source: P.A. 84-1243.)
18 (105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
19 Sec. 21-1a. Tests required for certification.
20 (a) After July 1, 1988, in addition to all other
21 requirements, early childhood, elementary, special, high
22 school, school service personnel, or, except as provided in
23 Section 34-6, administrative certificates shall be issued to
24 persons who have satisfactorily passed a test of basic skills
25 and subject matter knowledge. The tests of basic skills and
26 subject matter knowledge shall be the tests which from time
27 to time are designated by the State Board of Education in
28 consultation with the State Teacher Certification Board and
29 may be tests prepared by an educational testing organization
30 or tests designed by the State Board of Education in
31 consultation with the State Teacher Certification Board. The
32 areas to be covered by the test of basic skills shall include
33 the basic skills of reading, writing, grammar and
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1 mathematics. The test of subject matter knowledge shall
2 assess content knowledge in the specific subject field. The
3 tests shall be designed to be racially neutral to assure that
4 no person in taking the tests is thereby discriminated
5 against on the basis of race, color, national origin or other
6 factors unrelated to the person's ability to perform as a
7 certificated employee. The score required to pass the tests
8 of basic skills and subject matter knowledge shall be fixed
9 by the State Board of Education in consultation with the
10 State Teacher Certification Board. The tests shall be held
11 not fewer than 3 times a year at such time and place as may
12 be designated by the State Board of Education in consultation
13 with the State Teacher Certification Board.
14 (b) Except as provided in Section 34-6, the provisions
15 of subsection (a) of this Section shall apply equally in any
16 school district subject to Article 34, provided that the
17 State Board of Education shall determine which certificates
18 issued under Sections 34-8.1 and 34-83 prior to July 1, 1988
19 are comparable to any early childhood certificate, elementary
20 school certificate, special certificate, high school
21 certificate, school service personnel certificate or
22 administrative certificate issued under this Article as of
23 July 1, 1988.
24 (c) A person who holds an early childhood, elementary,
25 special, high school or school service personnel certificate
26 issued under this Article on or at any time before July 1,
27 1988, including a person who has been issued any such
28 certificate pursuant to Section 21-11.1 or in exchange for a
29 comparable certificate theretofore issued under Section
30 34-8.1 or Section 34-83, shall not be required to take or
31 pass the tests in order to thereafter have such certificate
32 renewed.
33 (d) The State Board of Education in consultation with
34 the State Teacher Certification Board shall conduct a pilot
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1 administration of the tests by administering the test to
2 students completing teacher education programs in the 1986-87
3 school year for the purpose of determining the effect and
4 impact of testing candidates for certification.
5 (e) The rules and regulations developed to implement the
6 required test of basic skills and subject matter knowledge
7 shall include the requirements of subsections (a), (b), and
8 (c) and shall include specific regulations to govern test
9 selection; test validation and determination of a passing
10 score; administration of the tests; frequency of
11 administration; applicant fees; frequency of applicants'
12 taking the tests; the years for which a score is valid; and,
13 waiving certain additional tests for additional certificates
14 to individuals who have satisfactorily passed the test of
15 basic skills and subject matter knowledge as required in
16 subsection (a). The State Board of Education shall provide,
17 by rule, specific policies that assure uniformity in the
18 difficulty level of each form of the basic skills test and
19 each subject matter knowledge test from test-to-test and
20 year-to-year. The State Board of Education shall also set a
21 passing score for the tests.
22 (f) The State Teacher Certification Board may issue a
23 nonrenewable temporary certificate between July 1, 1988 and
24 August 31, 1988 to individuals who have taken the tests of
25 basic skills and subject matter knowledge prescribed by this
26 Section but have not received such test scores by August 31,
27 1988. Such temporary certificates shall expire on December
28 31, 1988.
29 (g) Beginning July 1, 1998, the State Teacher
30 Certification Board shall implement and administer a new
31 system of certification for teachers and administrators in
32 the State of Illinois. The State Teacher Certification Board
33 shall design and implement a system of examinations which
34 shall be required prior to the issuance of Initial Teaching
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1 Certificates and Standard Teaching Certificates. These
2 examinations shall be based on national professional teaching
3 standards, such as the standards developed by the Interstate
4 New Teacher Assessment and Support Consortium, the National
5 Board for Professional Teaching Standards, the National
6 Council for Accreditation of Teacher Education, and similar
7 organizations, as determined by the State Teacher
8 Certification Board. The State Teacher Certification Board
9 may adopt any and all regulations necessary to implement and
10 administer this Section.
11 (Source: P.A. 86-361; 86-734; 86-1028; 86-1471; 86-1488;
12 87-242.)
13 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
14 Sec. 21-2. Grades of certificates.
15 (a) Until July 1, 1998, all certificates issued under
16 this Article shall be State certificates valid, except as
17 limited in Section 21-1, in every school district coming
18 under the provisions of this Act and shall be limited in time
19 and designated as follows: Provisional vocational
20 certificate, temporary provisional vocational certificate,
21 early childhood certificate, elementary school certificate,
22 special certificate, high school certificate, school service
23 personnel certificate, administrative certificate,
24 provisional certificate, and substitute certificate. The
25 requirement of student teaching under close and competent
26 supervision for obtaining a teaching certificate may be
27 waived by the State Teacher Certification Board upon
28 presentation to the Board by the teacher of evidence of 5
29 years successful teaching experience on a valid certificate
30 and graduation from a recognized institution of higher
31 learning with a bachelor's degree with not less than 120
32 semester hours and a minimum of 16 semester hours in
33 professional education.
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1 (b) Initial Teaching Certificate. Beginning July 1,
2 1998, persons who (1) have completed an approved teacher
3 preparation program, (2) are recommended by an approved
4 teacher preparation program, (3) have successfully completed
5 the Initial Teaching Certification examinations required by
6 the State Teacher Certification Board, and (4) have met all
7 other requirements established by the State Teacher
8 Certification Board, shall be issued an Initial Teaching
9 Certificate valid for 4 years. Initial Teaching Certificates
10 shall be issued for the following categories: Early
11 Childhood Education, Elementary Education, Secondary
12 Education, and Special (including Special Education,
13 Bilingual, Music, Art, Physical Education, Reading, Foreign
14 Language, and other areas designated by the State Teacher
15 Certification Board).
16 (c) Standard Certificate. Beginning July 1, 1998,
17 persons who (1) have completed 4 years of teaching with an
18 Initial Certificate, (2) have successfully completed the
19 Standard Teaching Certificate examinations required by the
20 State Teacher Certification Board, and (3) have met all other
21 criteria established by the State Teacher Certification Board
22 shall be issued a Standard Certificate valid for 5 years,
23 which may be renewed thereafter every 5 years based on
24 compliance with requirements set forth by the State Teacher
25 Certification Board. Such requirements may include proof of
26 continuing education or professional development, and other
27 requirements. Standard Certificates shall be issued for the
28 following categories: Early Childhood Education, Elementary
29 Education, Secondary Education, and Special (including
30 Special Education, Bilingual, Music, Art, Physical Education,
31 Reading, Foreign Language, and other areas designated by the
32 State Teacher Certification Board).
33 (d) Master Certificate. Beginning July 1, 1998, persons
34 who have successfully achieved National Board certification
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1 through the National Board for Professional Teaching
2 Standards shall be issued a Master Certificate, valid for 7
3 years and renewable thereafter every 7 years through
4 compliance with requirements set forth by the State Teacher
5 Certification Board.
6 (Source: P.A. 88-92.)
7 (105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
8 Sec. 21-2.1. Early childhood certificate.
9 (a) An early childhood certificate shall be valid for 4
10 years for teaching children up to 6 years of age, exclusive
11 of children enrolled in kindergarten, in facilities approved
12 by the State Superintendent of Education. Beginning July 1,
13 1988, such certificate shall be valid for 4 years for
14 Teaching children through grade 3 in facilities approved by
15 the State Superintendent of Education. Subject to the
16 provisions of Section 21-1a, it shall be issued to persons
17 who have graduated from a recognized institution of higher
18 learning with a bachelor's degree and with not fewer than 120
19 semester hours including professional education or human
20 development or, until July 1, 1992, to persons who have early
21 childhood education instruction and practical experience
22 involving supervised work with children under 6 years of age
23 or with children through grade 3. Such persons shall be
24 recommended for the early childhood certificate by a
25 recognized institution as having completed an approved
26 program of preparation which includes the requisite hours and
27 academic and professional courses and practical experience
28 approved by the State Superintendent of Education in
29 consultation with the State Teacher Certification Board.
30 (b) Beginning July 1, 1998, Initial and Standard Early
31 Childhood Education Certificates shall be issued to persons
32 who meet the criteria established by the State Teacher
33 Certification Board.
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1 (Source: P.A. 85-1389.)
2 (105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
3 Sec. 21-2a. Required curriculum for all teachers. After
4 September 1, 1981 and until July 1, 1998, in addition to all
5 other requirements, the successful completion of course work
6 which includes instruction on the psychology of the
7 exceptional child, the identification of the exceptional
8 child, including, but not limited to the learning disabled
9 and methods of instruction for the exceptional child,
10 including, but not limited to the learning disabled shall be
11 a prerequisite to a person receiving any of the following
12 certificates:; early childhood, elementary, special and high
13 school.
14 (Source: P.A. 81-1082.)
15 (105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
16 Sec. 21-3. Elementary certificate.
17 (a) An elementary school certificate shall be valid for
18 4 years for teaching in the kindergarten and lower 9 grades
19 of the common schools. Subject to the provisions of Section
20 21-1a, it shall be issued to persons who have graduated from
21 a recognized institution of higher learning with a bachelor's
22 degree and with not fewer than 120 semester hours and with a
23 minimum of 16 semester hours in professional education,
24 including 5 semester hours in student teaching under
25 competent and close supervision. Such persons shall be
26 recommended for the elementary certificate by a recognized
27 institution as having completed an approved program of
28 preparation which includes intensive preservice training in
29 the humanities, natural sciences, mathematics and the
30 academic and professional courses approved by the State
31 Superintendent of Education in consultation with the State
32 Teacher Certification Board.
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1 (b) Beginning July 1, 1998, Initial and Standard
2 Elementary Certificates shall be issued to persons who meet
3 all of the criteria established by the State Teacher
4 Certification Board.
5 (Source: P.A. 84-126.)
6 (105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
7 Sec. 21-4. Special certificate.
8 (a) A special certificate shall be valid for 4 years for
9 teaching the special subjects named therein in all grades of
10 the common schools. Subject to the provisions of Section
11 21-1a, it shall be issued to persons who have graduated from
12 a recognized institution of higher learning with a bachelor's
13 degree and with not fewer than 120 semester hours including a
14 minimum of 16 semester hours in professional education, 5 of
15 which shall be in student teaching under competent and close
16 supervision. When the holder of such certificate has earned a
17 master's degree, including eight semester hours of graduate
18 professional education from a recognized institution of
19 higher learning and with two years' teaching experience, it
20 may be endorsed for supervision.
21 Such persons shall be recommended for the special
22 certificate by a recognized institution as having completed
23 an approved program of preparation which includes academic
24 and professional courses approved by the State Superintendent
25 of Education in consultation with the State Teacher
26 Certification Board.
27 (b) Beginning July 1, 1998, Initial and Standard Special
28 Certificates shall be issued for the special subjects of
29 Special Education, Bilingual, Music, Art, Physical Education,
30 Reading, Foreign Language, and other areas designated by the
31 State Board of Education, to persons who meet all of the
32 criteria established by the State Teacher Certification
33 Board.
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1 (Source: P.A. 84-126.)
2 (105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
3 Sec. 21-5. High school certificate.
4 (a) A high school certificate shall be valid for 4 years
5 for teaching in grades 6 to 12 inclusive of the common
6 schools. Subject to the provisions of Section 21-1a, it shall
7 be issued to persons who have graduated from a recognized
8 institution of higher learning with a bachelor's degree and
9 with not fewer than 120 semester hours including 16 semester
10 hours in professional education, 5 of which shall be in
11 student teaching under competent and close supervision and
12 with one or more teaching fields. Such persons shall be
13 recommended for the high school certificate by a recognized
14 institution as having completed an approved program of
15 preparation which includes the academic and professional
16 courses approved by the State Superintendent of Education in
17 consultation with the State Teacher Certification Board.
18 (b) Beginning July 1, 1998, Initial and Standard
19 Secondary Certificates shall be issued to persons who meet
20 all of the criteria established by the State Teacher
21 Certification Board.
22 (Source: P.A. 84-126.)
23 (105 ILCS 5/21-5a) (from Ch. 122, par. 21-5a)
24 Sec. 21-5a. Alternative math-science certification. The
25 State Board of Education, in consultation with the State
26 Teacher Certification Board, shall establish and implement an
27 alternative certification program under which persons who
28 qualify for admission to, and who successfully complete the
29 program and meet the additional requirements established by
30 this Section shall be issued an initial alternative teaching
31 certificate for teaching mathematics, science or mathematics
32 and science in grades 9 through 12 of the common schools. In
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1 establishing an alternative certification program under this
2 Section, the State Board of Education shall designate an
3 appropriate area within the State where the program shall be
4 offered and made available to persons qualified for admission
5 to the program. In addition, the State Board of Education,
6 in cooperation with one or more recognized institutions of
7 higher learning, shall develop a comprehensive course of
8 study that persons admitted to the program must successfully
9 complete in order to satisfy one criterion for issuance of an
10 initial alternative certificate under this Section. The
11 comprehensive course of study so developed shall include one
12 semester of practice teaching.
13 An initial alternative teaching certificate, valid for 4
14 years for teaching mathematics, science or mathematics and
15 science in grades 9 through 12 of the common schools and
16 renewable as provided in Section 21-14, shall be issued under
17 this Section 21-5a to persons who qualify for admission to
18 the alternative certification program and who at the time of
19 applying for an initial alternative teaching certificate
20 under this Section:
21 (1) have graduated with a master's degree in
22 mathematics or any science discipline from an institution
23 of higher learning whose scholarship standards are
24 approved by the State Board of Education for purposes of
25 the alternative certification program;
26 (2) have been employed for at least 10 years in an
27 area requiring knowledge and practical application of
28 their academic background in mathematics or a science
29 discipline;
30 (3) have successfully completed the alternative
31 certification program and the course of comprehensive
32 study, including one semester of practice teaching,
33 developed as part of the program as provided in this
34 Section and approved by the State Board of Education; and
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1 (4) have passed the examinations required by test
2 of basic skills and subject matter knowledge required by
3 Section 21-1a.
4 The alternative certification program shall be
5 implemented at the commencement of the 1992-1993 academic
6 year.
7 The State Board of Education shall establish criteria for
8 admission to the alternative certification program and shall
9 adopt rules and regulations that are consistent with this
10 Section and that the State Board of Education deems necessary
11 to establish and implement the program.
12 (Source: P.A. 87-446.)
13 (105 ILCS 5/21-5b)
14 Sec. 21-5b. Alternative certification. The State Board
15 of Education, in consultation with the State Teacher
16 Certification Board, shall establish and implement an
17 alternative certification program under which persons who
18 meet the requirements of and successfully complete the
19 program established by this Section shall be issued an
20 alternative teaching certificate for teaching in the schools
21 situated in a school district that is located in a city
22 having a population in excess of 500,000 inhabitants. The
23 program shall be limited to not more than 260 new
24 participants during each year that the program is in effect.
25 In establishing an alternative certification program under
26 this Section, the State Board of Education shall designate
27 the City of Chicago as the area in the State where the
28 program shall be made available. In addition, the State Board
29 of Education, in cooperation with a partnership formed with a
30 university that offers 4-year baccalaureate and masters
31 degree programs and that is a recognized institution as
32 defined in Section 21-21 and one or more not-for-profit
33 organizations in the State which support excellence in
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1 teaching, shall within 30 days after submission by the
2 partnership approve a course of study developed by the
3 partnership that persons in the program must successfully
4 complete in order to satisfy one criterion for issuance of an
5 alternative certificate under this Section. The Alternative
6 Teacher Certification program course of study must include
7 the current content and skills contained in the university's
8 current courses for State certification which have been
9 approved by the State Board of Education, in consultation
10 with the State Teacher Certification Board, as the
11 requirement for State teacher certification.
12 The alternative certification program established under
13 this Section shall be known as the Alternative Teacher
14 Certification program. The Alternative Teacher Certification
15 Program shall be offered by the submitting partnership and
16 may be offered in conjunction with one or more not-for-profit
17 organizations in the State which support excellence in
18 teaching. The program shall be comprised of the following 3
19 phases: (a) the first phase is the course of study offered on
20 an intensive basis in education theory, instructional
21 methods, and practice teaching; (b) the second phase is the
22 person's assignment to a full-time teaching position for one
23 school year; and (c) the third phase is a comprehensive
24 assessment of the person's teaching performance by school
25 officials and the partnership participants and a
26 recommendation by the partner institution of higher education
27 to the State Board of Education that the person be issued an
28 initial a standard alternative teaching certificate.
29 Successful completion of the Alternative Teacher
30 Certification program shall be deemed to satisfy any other
31 practice or student teaching and subject matter requirements
32 established by law.
33 A provisional alternative teaching certificate, valid for
34 one year of teaching in the common schools and not renewable,
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1 shall be issued under this Section 21-5b to persons who at
2 the time of applying for the provisional alternative teaching
3 certificate under this Section:
4 (1) have graduated from an accredited college or
5 university with a bachelor's degree;
6 (2) have successfully completed the first phase of
7 the Alternative Teacher Certification program as provided
8 in this Section; and
9 (3) have passed the tests of basic skills and
10 subject matter knowledge required by Section 21-1a.
11 A person possessing a provisional alternative certificate
12 under this Section shall be treated as a regularly certified
13 teacher for purposes of compensation, benefits, and other
14 terms and conditions of employment afforded teachers in the
15 school who are members of a bargaining unit represented by an
16 exclusive bargaining representative, if any.
17 An Initial A standard alternative Teaching Certificate,
18 valid for 4 years for teaching in the schools situated in a
19 school district that is located in a city having a population
20 in excess of 500,000 inhabitants and renewable as provided in
21 Section 21-14, shall be issued under this Section 21-5b to
22 persons who first complete the requirements for the
23 provisional alternative teaching certificate and who at the
24 time of applying for an Initial a standard alternative
25 Teaching Certificate under this Section have successfully
26 completed the second and third phases of the Alternative
27 Teacher Certification program as provided in this Section.
28 This alternative certification program shall be
29 implemented so that the first provisional alternative
30 teaching certificates issued under this Section are effective
31 upon the commencement of the 1997-1998 academic year and the
32 first Initial standard alternative Teaching Certificates
33 issued under this Section are effective upon the commencement
34 of the 1998-1999 academic year.
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1 The State Board of Education, in cooperation with the
2 partnership establishing the Alternative Teacher
3 Certification program, shall adopt rules and regulations that
4 are consistent with this Section and that the State Board of
5 Education deems necessary to establish and implement the
6 program.
7 (Source: P.A. 89-708, eff. 2-14-97.)
8 (105 ILCS 5/21-5c new)
9 Sec. 21-5c. Alternative route to teacher certification.
10 The State Board of Education, in consultation with the State
11 Teacher Certification Board, shall establish and implement an
12 alternative route to teacher certification program under
13 which persons who meet the requirements of and successfully
14 complete the program established by this Section shall be
15 issued a standard teaching certificate for teaching in
16 schools in this State. The program shall be limited to not
17 more than 1,000 new participants during each year that the
18 program is in effect. The State Board of Education, in
19 cooperation with one or more partnerships formed with
20 universities that offer 4-year baccalaureate and masters
21 degree programs and that are recognized teacher training
22 institutions as defined in Section 21-21 and one or more
23 not-for-profit organizations in the State that support
24 excellence in teaching, shall within 30 days after submission
25 by a partnership approve a course of study developed by the
26 partnership that persons in the program must successfully
27 complete in order to satisfy one criterion for issuance of a
28 certificate under this Section. The Alternative Route to
29 Teacher Certification program course of study must include
30 the current content and skills contained in the university's
31 current courses for State certification which have been
32 approved by the State Board of Education, in consultation
33 with the State Teacher Certification Board, as the
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1 requirement for State teacher certification.
2 The program established under this Section shall be known
3 as the Alternative Route to Teacher Certification program.
4 The program shall be offered by the submitting partnership
5 and may be offered in conjunction with one or more
6 not-for-profit organizations in the State. The program shall
7 be comprised of the following 3 phases: (a) a course of study
8 offered on an intensive basis in education theory,
9 instructional methods, and practice teaching; (b) the
10 person's assignment to a full-time teaching position for one
11 school year, including the designation of a mentor teacher to
12 advise and assist the person with that teaching assignment;
13 and (c) a comprehensive assessment of the person's teaching
14 performance by school officials and the partnership
15 participants and a recommendation by the partner institution
16 of higher education to the State Board of Education that the
17 person be issued a standard teaching certificate. Successful
18 completion of the Alternative Route to Teacher Certification
19 program shall be deemed to satisfy any other practice or
20 student teaching and subject matter requirements established
21 by law.
22 A provisional alternative teaching certificate, valid for
23 one year of teaching in the common schools and not renewable,
24 shall be issued under this Section 21-5c to persons who at
25 the time of applying for the provisional alternative teaching
26 certificate under this Section:
27 (1) have graduated from an accredited college or
28 university with a bachelor's degree;
29 (2) have been employed for a period of at least 5
30 years in an area requiring application of the
31 individual's education;
32 (3) have successfully completed the first phase of
33 the Alternative Teacher Certification program as provided
34 in this Section; and
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1 (4) have passed the tests of basic skills and
2 subject matter knowledge required by Section 21-1a.
3 An initial teaching certificate, valid for teaching in
4 the common schools and renewable as provided in Section
5 21-14, shall be issued under Sections 21-3 or 21-5 to persons
6 who first complete the requirements for the provisional
7 alternative teaching certificate and who at the time of
8 applying for a standard teaching certificate have
9 successfully completed the second and third phases of the
10 Alternative Route to Teacher Certification program as
11 provided in this Section.
12 A person possessing a provisional alternative certificate
13 or an initial teaching certificate earned under this Section
14 shall be treated as a regularly certified teacher for
15 purposes of compensation, benefits, and other terms and
16 conditions of employment afforded teachers in the school who
17 are members of a bargaining unit represented by an exclusive
18 bargaining representative, if any.
19 The State Board of Education may adopt rules and
20 regulations that are consistent with this Section and that
21 the State Board deems necessary to establish and implement
22 the program.
23 (105 ILCS 5/21-5d new)
24 Sec. 21-5d. Alternative route to administrative
25 certification. The State Board of Education, in consultation
26 with the State Teacher Certification Board, shall establish
27 and implement an alternative route to administrative
28 certification program under which persons who meet the
29 requirements of and successfully complete the program
30 established by this Section shall be issued a standard
31 administrative certificate for serving as a superintendent in
32 schools in this State. The State Board of Education shall
33 approve a course of study that persons in the program must
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1 successfully complete in order to satisfy one criterion for
2 issuance of a certificate under this Section. The
3 Alternative Route to Administrative Certification program
4 course of study must include the current content and skills
5 contained in the university's current courses for State
6 certification which have been approved by the State Board of
7 Education, in consultation with the State Teacher
8 Certification Board, as the requirement for administrative
9 certification.
10 The program established under this Section shall be known
11 as the Alternative Route to Administrative Certification
12 program. The program shall be comprised of the following 3
13 phases: (a) a course of study offered on an intensive basis
14 in education management, governance, organization, and
15 planning; (b) the person's assignment to a full-time position
16 for one school year as a superintendent; and (c) a
17 comprehensive assessment of the person's performance by
18 school officials and a recommendation to the State Board of
19 Education that the person be issued a standard administrative
20 certificate. Successful completion of the Alternative Route
21 to Administrative Certification program shall be deemed to
22 satisfy any other supervisory, administrative, or management
23 experience requirements established by law.
24 A provisional alternative administrative certificate,
25 valid for one year of serving as a superintendent in the
26 common schools and not renewable, shall be issued under this
27 Section 21-5d to persons who at the time of applying for the
28 provisional alternative administrative certificate under this
29 Section:
30 (1) have graduated from an accredited college or
31 university with a master's degree in a management field;
32 (2) have been employed for a period of at least 5
33 years in a management level position;
34 (3) have successfully completed the first phase of
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1 the Alternative Route to Administrative Certification
2 program as provided in this Section; and
3 (4) have passed any examination required by the
4 State Board of Education.
5 A standard administrative certificate with a
6 superintendent endorsement, renewable as provided in Section
7 21-14, shall be issued under Section 21-7.1 to persons who
8 first complete the requirements for the provisional
9 alternative administrative certificate and who at the time of
10 applying for a standard administrative certificate have
11 successfully completed the second and third phases of the
12 Alternative Route to Administrative Certification program as
13 provided in this Section.
14 The State Board of Education may adopt rules and
15 regulations that are consistent with this Section and that
16 the State Board deems necessary to establish and implement
17 the program.
18 (105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
19 Sec. 21-10. Provisional certificate.
20 (A) Until July 1, 1972, the State Teacher Certification
21 Board may issue a provisional certificate valid for teaching
22 in elementary, high school or special subject fields subject
23 to the following conditions:
24 A provisional certificate may be issued to a person who
25 presents certified evidence of having earned a bachelor's
26 degree from a recognized institution of higher learning. The
27 academic and professional courses offered as a basis of the
28 provisional certificate shall be courses approved by the
29 State Board of Education in consultation with the State
30 Teacher Certification Board.
31 A certificate earned under this plan may be renewed at
32 the end of each two-year period upon evidence filed with the
33 State Teacher Certification Board that the holder has earned
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1 8 semester hours of credit within the period; provided the
2 requirements for the certificate of the same type issued for
3 the teaching position for which the teacher is employed shall
4 be met by the end of the second renewal period. A second
5 provisional certificate shall not be issued. The credits so
6 earned must be approved by the State Board of Education in
7 consultation with the State Teacher Certification Board and
8 must meet the general pattern for a similar type of
9 certificate issued on the basis of credit. No more than 4
10 semester hours shall be chosen from elective subjects.
11 (B) After July 1, 1972, the State Teacher Certification
12 Board may issue a provisional certificate valid for teaching
13 in early childhood, elementary, high school or special
14 subject fields, or for providing service as school service
15 personnel or for administering schools subject to the
16 following conditions: A provisional certificate may be issued
17 to a person who meets the requirements for a regular
18 teaching, school service personnel or administrative
19 certificate in another State and who presents certified
20 evidence of having earned a bachelor's degree from a
21 recognized institution of higher learning. The academic and
22 professional courses offered as a basis of the provisional
23 certificate shall be courses approved by the State Board of
24 Education in consultation with the State Teacher
25 Certification Board. A certificate earned under this plan is
26 valid for a period of 2 years and shall not be renewed;
27 however, the individual to whom this certificate is issued
28 shall have passed or shall pass the examinations and other
29 criteria set forth by the State Board of Education basic
30 skills test and subject matter knowledge test or tests within
31 9 months of the date of issuance of the provisional
32 certificate. Failure to pass the tests, required in Section
33 21-1a, shall result in the cancellation of the provisional
34 certificate.
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1 (C) The State Teacher Certification Board may also issue
2 a provisional vocational certificate and a temporary
3 provisional vocational certificate.
4 (1) The requirements for a provisional vocational
5 certificate shall be determined by the State Board of
6 Education in consultation with the State Teacher Board;
7 provided, the following minimum requirements are met: (a)
8 after July 1, 1972, at least 30 semester hours of credit
9 from a recognized institution of higher learning; and (b)
10 after July 1, 1974, at least 60 semester hours of credit
11 from a recognized institution of higher learning.
12 (2) The requirements for a temporary provisional
13 vocational certificate shall be determined by the State
14 Board of Education in consultation with the State Teacher
15 Certification Board; provided, the following minimum
16 requirements are met: (a) after July 1, 1973, at least
17 4,000 hours of work experience in the skill to be
18 certified for teaching; and (b) after July 1, 1975, at
19 least 8,000 hours of work experience in the skill to be
20 certified for teaching. Any certificate issued under the
21 provisions of this paragraph shall expire on June 30
22 following the date of issue. Renewals may be granted on
23 a yearly basis, but shall not be granted to any person
24 who does not file with the State Teacher Certification
25 Board a transcript showing at least 3 semester hours of
26 credit earned during the previous year in a recognized
27 institution of learning. No such certificate shall be
28 issued except upon certification by the employing board,
29 subject to the approval of the regional superintendent of
30 schools, that no qualified teacher holding a regular
31 certificate or a provisional vocational certificate is
32 available and that actual circumstances and need require
33 such issuance.
34 The courses or work experience offered as a basis for the
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1 issuance of the provisional vocational certificate or the
2 temporary provisional vocational certificate shall be
3 approved by the State Board of Education in consultation with
4 the State Teacher Certification Board.
5 (D) Until July 1, 1972, the State Teacher Certification
6 Board may also issue a provisional foreign language
7 certificate valid for 4 years for teaching the foreign
8 language named therein in all grades of the common schools
9 and shall be issued to persons who have graduated from a
10 recognized institution of higher learning with not fewer than
11 120 semester hours of credit and who have met other
12 requirements as determined by the State Board of Education in
13 consultation with the State Teacher Certification Board. If
14 the holder of a provisional foreign language certificate is
15 not a citizen of the United States within 6 years of the date
16 of issuance of the original certificate, such certificate
17 shall be suspended by the regional superintendent of schools
18 of the region in which the holder is engaged to teach and
19 shall not be reinstated until the holder is a citizen of the
20 United States.
21 (E) Notwithstanding anything in this Act to the
22 contrary, the State Teacher Certification Board shall issue
23 part-time provisional certificates to eligible individuals
24 who are professionals and craftsmen.
25 The requirements for a part-time provisional teachers
26 certificate shall be determined by the State Board of
27 Education in consultation with the State Teacher
28 Certification Board, provided the following minimum
29 requirements are met: 60 semester hours of credit from a
30 recognized institution of higher learning or 4000 hours of
31 work experience in the skill to be certified for teaching.
32 A part-time provisional certificate may be issued for
33 teaching no more than 2 courses of study for grades 6 through
34 12.
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1 A part-time provisional teachers certificate shall be
2 valid for 2 years and may be renewed at the end of each 2
3 year period.
4 (Source: P.A. 88-204.)
5 (105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)
6 Sec. 21-11.1. Certificates for equivalent
7 qualifications. An applicant who holds or is eligible to hold
8 a teacher's certificate or license under the laws of another
9 state or territory of the United States may be granted a
10 corresponding teacher's certificate in Illinois on the
11 written authorization of the State Board of Education and the
12 State Teacher Certification Board upon the following
13 conditions:
14 (1) That the applicant is at least 19 years of age,
15 is of good character, good health and a citizen of the
16 United States; and
17 (2) That the requirements for a similar teacher's
18 certificate in the particular state or territory were, at
19 the date of issuance of the certificate, substantially
20 equal to the requirements in force at the time the
21 application is made for the certificate in this State.
22 After January 1, 1988, in addition to satisfying the
23 foregoing conditions and requirements, an applicant for a
24 corresponding teaching certificate in Illinois also shall be
25 required to pass the examinations test of basic skills and
26 subject matter knowledge required under the provisions of
27 Section 21-1a as directed by the State Board of Education.
28 In determining good character under this Section, any
29 felony conviction of the applicant may be taken into
30 consideration, but the conviction shall not operate as a bar
31 to registration.
32 The State Board of Education in consultation with the
33 State Teacher Certification Board shall prescribe rules and
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1 regulations establishing the similarity of certificates in
2 other states and the standards for determining the
3 equivalence of requirements.
4 (Source: P.A. 87-242.)
5 (105 ILCS 5/21-11.3) (from Ch. 122, par. 21-11.3)
6 Sec. 21-11.3. Resident teacher certificate. A resident
7 teacher certificate shall be valid for 2 years for employment
8 as a resident teacher in a public school. It shall be issued
9 only to persons who have graduated from a recognized
10 institution of higher education with a bachelor's degree, who
11 are enrolled in a program of preparation approved by the
12 State Superintendent of Education in consultation with the
13 State Teacher Certification Board, and who have passed the
14 appropriate tests as required in test of basic skills
15 required by Section 21-1a and as determined by the State
16 Board of Education. A resident teacher certificate may be
17 issued for teaching children through grade 3 or for grades
18 K-9, 6-12, or K-12 in a special subject area and may not be
19 renewed. A resident teacher may teach only in conjunction
20 with and under the direction of a certified teacher and shall
21 not teach in place of a certified teacher.
22 (Source: P.A. 87-222.)
23 (105 ILCS 5/21-11.4)
24 Sec. 21-11.4. Illinois Teacher Corps.
25 (a) The General Assembly finds and determines that (i)
26 it is important to encourage the entry of qualified
27 professionals into elementary and secondary teaching as a
28 second career; and (ii) there are a number of individuals who
29 have bachelors' degrees, experience in the work force, and an
30 interest in serving youth that creates a special talent pool
31 with great potential for enriching the lives of Illinois
32 children as teachers. To provide this talent pool with the
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1 opportunity to serve children as teachers, school districts,
2 colleges, and universities are encouraged, as part of the
3 public policy of this State, to enter into collaborative
4 programs to educate and induct these non-traditional
5 candidates into the teaching profession. To facilitate the
6 certification of such candidates, the State Board of
7 Education, in consultation with the State Teacher
8 Certification Board, shall assist institutions of higher
9 education and school districts with the implementation of the
10 Illinois Teacher Corps.
11 (b) Individuals who wish to become candidates for the
12 Illinois Teacher Corps program must earn a resident teacher
13 certificate as defined in Section 21-11.3, including:
14 (1) graduation from a recognized institution of
15 higher education with a bachelor's degree and at least a
16 3.00 out of a 4.00 grade point average;
17 (2) a minimum of 5 years of professional experience
18 in the area the candidate wishes to teach;
19 (3) passing the examinations required by the State
20 Board of Education test of basic skills and subject
21 matter required by Section 21-1a;
22 (4) enrollment in a Masters of Education Degree
23 program approved by the State Superintendent of Education
24 in consultation with the State Teacher Certification
25 Board; and
26 (5) completion of a 6 week summer intensive teacher
27 preparation course which is the first component of the
28 Masters Degree program.
29 (c) School districts may hire an Illinois Teacher Corps
30 candidate after the candidate has received his or her
31 resident teacher certificate. The school district has the
32 responsibility of ensuring that the candidates receive the
33 supports necessary to become qualified, competent and
34 productive teachers. To be eligible to participate in the
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1 Illinois Teacher Corps program, school districts must provide
2 a minimum of the following supports to the candidates:
3 (1) a salary and benefits package as negotiated
4 through the teacher contracts;
5 (2) a mentor certified teacher who will provide
6 guidance to one or more candidates under a program
7 developed collaboratively by the school district and
8 university;
9 (3) at least quarterly evaluations performed of
10 each candidate jointly by the mentor teacher and the
11 principal of the school or the principal's designee; and
12 (4) a written and signed document from the school
13 district outlining the support the district intends to
14 provide to the candidates, for approval by the State
15 Teacher Certification Board.
16 (d) Illinois institutions of higher education shall work
17 collaboratively with school districts and the State Teacher
18 Certification Board to academically prepare the candidates
19 for the teaching profession. To be eligible to participate,
20 the College or School of Education of a participating
21 Illinois institution of higher education must develop a
22 curriculum that provides, upon completion, a Masters Degree
23 in Education for the candidates. The Masters Degree program
24 must:
25 (1) receive approval from the State Teacher
26 Certification Board; and
27 (2) take no longer than 3 summers and 2 academic
28 years to complete, and balance the needs and time
29 constraints of the candidates.
30 (e) Upon successful completion of the Masters Degree
31 program, the candidate receives an Initial Teaching
32 Certificate becomes a fully certified teacher in the State of
33 Illinois and all other general education academic coursework
34 deficiencies are waived.
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1 (f) If an individual wishes to become a candidate in the
2 Illinois Teacher Corps program, but does not possess 5 years
3 of professional experience, the individual may qualify for
4 the program by participating in a one year internship
5 teacher preparation program with a school district. The one
6 year internship shall be developed collaboratively by the
7 school district and the Illinois institution of higher
8 education, and shall be approved by the State Teacher
9 Certification Board.
10 (g) The State Board of Education is authorized to award
11 grants to school districts that seek to prepare candidates
12 for the teaching profession who have bachelors' degrees and
13 professional work experience in subjects relevant to teaching
14 fields, but who do not have formal preparation for teaching.
15 Grants may be made to school districts for up to $3,000 per
16 candidate when the school district, in cooperation with a
17 public or private university and the school district's
18 teacher bargaining unit, develop a program designed to
19 prepare teachers pursuant to the Illinois Teacher Corps
20 program under this Section.
21 (Source: P.A. 88-204.)
22 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
23 Sec. 21-14. Registration and renewal of certificates.)
24 (a) A limited four-year certificate or a certificate
25 issued after July 1, 1955, shall be renewable at its
26 expiration or within 60 days thereafter by the county
27 superintendent of schools having supervision and control over
28 the school where the teacher is teaching upon certified
29 evidence of meeting the requirements for renewal as required
30 by this Act and prescribed by the State Board of Education in
31 consultation with the State Teacher Certification Board. An
32 elementary supervisory certificate shall not be renewed at
33 the end of the first four-year period covered by the
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1 certificate unless the holder thereof has filed certified
2 evidence with the State Teacher Certification Board that he
3 has a master's degree or that he has earned 8 semester hours
4 of credit in the field of educational administration and
5 supervision in a recognized institution of higher learning.
6 The holder shall continue to earn 8 semester hours of credit
7 each four-year period until such time as he has earned a
8 master's degree.
9 All certificates not renewed or registered as herein
10 provided shall lapse after a period of 4 years from the
11 expiration of the last year of registration. Such
12 certificates may be reinstated for a one year period upon
13 payment of all accumulated registration fees. Such
14 reinstated certificates shall only be renewed: (1) by earning
15 5 semester hours of credit in a recognized institution of
16 higher learning in the field of professional education or in
17 courses related to the holder's contractual teaching duties;
18 or (2) by presenting evidence of holding a valid regular
19 certificate of some other type. Any certificate may be
20 voluntarily surrendered by the certificate holder. A
21 voluntarily surrendered certificate shall be treated as a
22 revoked certificate.
23 The provisions of this subsection (a) are subject to the
24 provisions of subsection (b).
25 (b) Teaching and administrative certificates and
26 endorsements issued before July 1, 1998 that expire on or
27 after July 1, 2000 are renewable as Standard Teaching
28 Certificates or as administrative certificates or
29 endorsements, as the case may be, for additional 5-year
30 periods, provided that the teacher or administrator
31 successfully completes such additional requirements,
32 including examinations, continuing education, and such
33 evidence of professional growth as the State Teacher
34 Certification Board shall by rule establish. The State
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1 Teacher Certification Board may set additional standards and
2 other criteria for renewal, which may include peer review and
3 other forms of evaluation. Teaching and administrative
4 certificates and endorsements issued before July 1, 1998 that
5 expire before July 1, 2000 are renewable as Standard Teaching
6 Certificates or as administrative certificates or
7 endorsements, as the case may be, for additional 5-year
8 periods as provided in this subsection (b), except that the
9 State Teacher Certification Board shall afford the holders of
10 those certificates and endorsements such additional time as
11 the Board determines is reasonably required to enable those
12 certificate holders to satisfy the additional renewal
13 requirements established by this subsection (b). Initial
14 Teaching Certificates issued under this Article are
15 non-renewable, except that the State Teacher Certification
16 Board may, in appropriate cases extend the term of an Initial
17 Teaching Certificate if the individual to whom that
18 certificate is issued has not completed 4 years of teaching
19 under that certificate. A Standard Teaching Certificate
20 issued to replace an Initial Teaching Certificate which has
21 expired or an administrative certificate or endorsement that
22 is first issued on or after July 1, 1998 and thereafter
23 expires is valid for 5 years and renewable for additional
24 5-year periods, provided that the teacher or administrator
25 successfully completes such additional requirements,
26 including examinations, continuing education, evidence of
27 professional growth, and such other criteria (which may
28 include peer review and other forms of evaluation) as the
29 State Teacher Certification Board shall by rule establish. A
30 Master Certificate is renewable for additional 7-year periods
31 subject to such renewal requirements as the State Teacher
32 Certification Board shall by rule establish.
33 (Source: P.A. 86-400.)
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1 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
2 Sec. 24-11. Boards of Education - Boards of School
3 Inspectors - Contractual continued service. As used in this
4 and the succeeding Sections of this Article:,
5 "Teacher" means any or all school district employees
6 regularly required to be certified under laws relating to the
7 certification of teachers.,
8 "Board" means board of directors, board of education, or
9 board of school inspectors, as the case may be., and
10 "School term" means that portion of the school year, July
11 1 to the following June 30, when school is in actual session.
12 This Section and Sections 24-12 through 24-16 of this
13 Article apply only to school districts having less than
14 500,000 inhabitants.
15 Any teacher who has been employed in any district as a
16 full-time teacher for a probationary period of 2 consecutive
17 school terms shall enter upon contractual continued service
18 unless given written notice of dismissal stating the specific
19 reason therefor, by certified mail, return receipt requested
20 by the employing board at least 45 60 days before the end of
21 such period; except that for a teacher who is first employed
22 by a school district on or after July 1, 1998 and who has not
23 before that date already entered upon contractual continued
24 service in that district, the probationary period shall be 4
25 consecutive school terms before the teacher shall enter upon
26 contractual continued service. For the purpose of
27 determining contractual continued service, the first
28 probationary year shall be any full-time employment under an
29 initial or standard teaching certificate from a date before
30 November 1 through the end of the school year. If, however,
31 a teacher has not had one school term of full-time teaching
32 experience before the beginning of such probationary period,
33 the employing board may at its option extend such
34 probationary period for one additional school term by giving
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1 the teacher written notice by certified mail, return receipt
2 requested at least 60 days before the end of the second
3 school term of the period of 2 consecutive school terms
4 referred to above. Such notice must state the reasons for
5 the one year extension and must outline the corrective
6 actions which the teacher should take to satisfactorily
7 complete probation.
8 Any full-time teacher who is completing the first year of
9 the probationary period described in the preceding paragraph,
10 or any teacher employed on a full-time basis not later than
11 January 1 of the school term, shall receive written notice
12 from the employing board at least 45 60 days before the end
13 of any school term whether or not he will be re-employed for
14 the following school term. If the board fails to give such
15 notice, the employee shall be deemed reemployed, and not
16 later than the close of the then current school term the
17 board shall issue a regular contract to the employee as
18 though the board had reemployed him in the usual manner.
19 Contractual continued service shall continue in effect
20 the terms and provisions of the contract with the teacher
21 during the last school term of the probationary period,
22 subject to this Act and the lawful regulations of the
23 employing board. This Section and succeeding Sections do not
24 modify any existing power of the board except with respect to
25 the procedure of the discharge of a teacher and reductions in
26 salary as hereinafter provided. Contractual continued service
27 status shall not restrict the power of the board to transfer
28 a teacher to a position which the teacher is qualified to
29 fill or to make such salary adjustments as it deems
30 desirable, but unless reductions in salary are uniform or
31 based upon some reasonable classification, any teacher whose
32 salary is reduced shall be entitled to a notice and a hearing
33 as hereinafter provided in the case of certain dismissals or
34 removals.
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1 The employment of any teacher in a program of a special
2 education joint agreement established under Section 3-15.14,
3 10-22.31 or 10-22.31a shall be under this and succeeding
4 Sections of this Article. For purposes of attaining and
5 maintaining contractual continued service and computing
6 length of continuing service as referred to in this Section
7 and Section 24-12, employment in a special educational joint
8 program shall be deemed a continuation of all previous
9 certificated employment of such teacher for such joint
10 agreement whether the employer of the teacher was the joint
11 agreement, the regional superintendent, or one of the
12 participating districts in the joint agreement.
13 Any teacher employed after July 1, 1987 as a full-time
14 teacher in a program of a special education joint agreement,
15 whether the program is operated by the joint agreement or a
16 member district on behalf of the joint agreement, for a
17 probationary period of two consecutive years shall enter upon
18 contractual continued service in all of the programs
19 conducted by such joint agreement which the teacher is
20 legally qualified to hold; except that for a teacher who is
21 first employed on or after July 1, 1998 in a program of a
22 special education joint agreement and who has not before that
23 date already entered upon contractual continued service in
24 all of the programs conducted by the joint agreement that the
25 teacher is legally qualified to hold, the probationary period
26 shall be 4 consecutive years before the teacher enters upon
27 contractual continued service in all of those programs. In
28 the event of a reduction in the number of programs or
29 positions in the joint agreement, the teacher on contractual
30 continued service shall be eligible for employment in the
31 joint agreement programs for which the teacher is legally
32 qualified in order of greater length of continuing service in
33 the joint agreement unless an alternative method of
34 determining the sequence of dismissal is established in a
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1 collective bargaining agreement. In the event of the
2 dissolution of a joint agreement, the teacher on contractual
3 continued service who is legally qualified shall be assigned
4 to any comparable position in a member district currently
5 held by a teacher who has not entered upon contractual
6 continued service or held by a teacher who has entered upon
7 contractual continued service with shorter length of
8 contractual continued service.
9 The governing board of the joint agreement, or the
10 administrative district, if so authorized by the articles of
11 agreement of the joint agreement, rather than the board of
12 education of a school district, may carry out employment and
13 termination actions including dismissals under this Section
14 and Section 24-12.
15 For purposes of this and succeeding Sections of this
16 Article, a program of a special educational joint agreement
17 shall be defined as instructional, consultative, supervisory,
18 administrative, diagnostic, and related services which are
19 managed by the special educational joint agreement designed
20 to service two or more districts which are members of the
21 joint agreement.
22 Each joint agreement shall be required to post by
23 February 1, a list of all its employees in order of length of
24 continuing service in the joint agreement, unless an
25 alternative method of determining a sequence of dismissal is
26 established in an applicable collective bargaining agreement.
27 The employment of any teacher in a special education
28 program authorized by Section 14-1.01 through 14-14.01, or a
29 joint educational program established under Section
30 10-22.31a, shall be under this and the succeeding Sections of
31 this Article, and such employment shall be deemed a
32 continuation of the previous employment of such teacher in
33 any of the participating districts, regardless of the
34 participation of other districts in the program. Any teacher
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1 employed as a full-time teacher in a special education
2 program prior to September 23, 1987 in which 2 or more school
3 districts participate for a probationary period of 2
4 consecutive years shall enter upon contractual continued
5 service in each of the participating districts, subject to
6 this and the succeeding Sections of this Article, and in the
7 event of the termination of the program shall be eligible for
8 any vacant position in any of such districts for which such
9 teacher is qualified.
10 (Source: P.A. 85-1163; 85-1209; 85-1440.)
11 (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
12 Sec. 24-12. Removal or dismissal of teachers in
13 contractual continued service. If a teacher in contractual
14 continued service is removed or dismissed as a result of a
15 decision of the board to decrease the number of teachers
16 employed by the board or to discontinue some particular type
17 of teaching service, written notice shall be mailed to the
18 teacher and also given the teacher either by certified mail,
19 return receipt requested or personal delivery with receipt at
20 least 45 60 days before the end of the school term, together
21 with a statement of honorable dismissal and the reason
22 therefor, and in all such cases the board shall first remove
23 or dismiss all teachers who have not entered upon contractual
24 continued service before removing or dismissing any teacher
25 who has entered upon contractual continued service and who is
26 legally qualified to hold a position currently held by a
27 teacher who has not entered upon contractual continued
28 service. As between teachers who have entered upon
29 contractual continued service, the teacher or teachers with
30 the shorter length of continuing service with the district
31 shall be dismissed first unless an alternative method of
32 determining the sequence of dismissal is established in a
33 collective bargaining agreement or contract between the board
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1 and a professional faculty members' organization and except
2 that this provision shall not impair the operation of any
3 affirmative action program in the district, regardless of
4 whether it exists by operation of law or is conducted on a
5 voluntary basis by the board. Any teacher dismissed as a
6 result of such decrease or discontinuance shall be paid all
7 earned compensation on or before the third business day
8 following the last day of pupil attendance in the regular
9 school term. If the board has any vacancies for the
10 following school term or within one calendar year from the
11 beginning of the following school term, the positions thereby
12 becoming available shall be tendered to the teachers so
13 removed or dismissed so far as they are legally qualified to
14 hold such positions; provided, however, that if the number of
15 honorable dismissal notices based on economic necessity
16 exceeds 15% of the number of full time equivalent positions
17 filled by certified employees (excluding principals and
18 administrative personnel) during the preceding school year,
19 then if the board has any vacancies for the following school
20 term or within 2 calendar years from the beginning of the
21 following school term, the positions so becoming available
22 shall be tendered to the teachers who were so notified and
23 removed or dismissed whenever they are legally qualified to
24 hold such positions. Each board shall, in consultation with
25 any exclusive employee representatives, each year establish a
26 list, categorized by positions, showing the length of
27 continuing service of each teacher who is qualified to hold
28 any such positions, unless an alternative method of
29 determining a sequence of dismissal is established as
30 provided for in this Section, in which case a list shall be
31 made in accordance with the alternative method. Copies of
32 the list shall be distributed to the exclusive employee
33 representative on or before February 1 of each year.
34 Whenever the number of honorable dismissal notices based upon
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1 economic necessity exceeds 5, or 150% of the average number
2 of teachers honorably dismissed in the preceding 3 years,
3 whichever is more, then the board also shall hold a public
4 hearing on the question of the dismissals. Following the
5 hearing and board review the action to approve any such
6 reduction shall require a majority vote of the board members.
7 If a dismissal or removal is sought for any other reason
8 or cause, including those under Section 10-22.4, the board
9 must first approve a motion containing specific charges by a
10 majority vote of all its members. Written notice of such
11 charges shall be served upon the teacher within 5 days of the
12 adoption of the motion. Such notice shall contain a bill of
13 particulars. No hearing upon the charges is required unless
14 the teacher within 10 days after receiving notice requests in
15 writing of the board that a hearing be scheduled, in which
16 case the board shall schedule a hearing on those charges
17 before a disinterested hearing officer on a date no less than
18 15 nor more than 30 days after the enactment of the motion.
19 The secretary of the school board shall forward a copy of the
20 notice to the State Board of Education. Within 5 days after
21 receiving this notice of hearing, the State Board of
22 Education shall provide a list of 5 prospective, impartial
23 hearing officers. Each person on the list must be accredited
24 by a national arbitration organization and have had a minimum
25 of 5 years of experience directly related to labor and
26 employment relations matters between educational employers
27 and educational employees or their exclusive bargaining
28 representatives. No one on the list may be a resident of the
29 school district. The Board and the teacher or their legal
30 representatives within 3 days shall alternately strike one
31 name from the list until only one name remains. Unless
32 waived by the teacher, the teacher shall have the right to
33 proceed first with the striking. Within 3 days of receipt of
34 the first list provided by the State Board of Education, the
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1 board and the teacher or their legal representatives shall
2 each have the right to reject all prospective hearing
3 officers named on the first list and to require the State
4 Board of Education to provide a second list of 5 prospective,
5 impartial hearing officers, none of whom were named on the
6 first list. Within 5 days after receiving this request for a
7 second list, the State Board of Education shall provide the
8 second list of 5 prospective, impartial hearing officers.
9 The procedure for selecting a hearing officer from the second
10 list shall be the same as the procedure for the first list.
11 In the alternative to selecting a hearing officer from the
12 first or second list received from the State Board of
13 Education, the board and the teacher or their legal
14 representatives may mutually agree to select an impartial
15 hearing officer who is not on a list received from the State
16 Board of Education either by direct appointment by the
17 parties or by using procedures for the appointment of an
18 arbitrator established by the Federal Mediation and
19 Conciliation Service or the American Arbitration Association.
20 The parties shall notify the State Board of Education of
21 their intent to select a hearing officer using an alternative
22 procedure within 3 days of receipt of a list of prospective
23 hearing officers provided by the State Board of Education.
24 Any person selected by the parties under this alternative
25 procedure for the selection of a hearing officer shall not be
26 a resident of the school district and shall have the same
27 qualifications and authority as a hearing officer selected
28 from a list provided by the State Board of Education. The
29 State Board of Education shall promulgate uniform standards
30 and rules of procedure for such hearings. As to prehearing
31 discovery, such rules and regulations shall, at a minimum,
32 allow for: (1) discovery of names and addresses of persons
33 who may be called as expert witnesses at the hearing, the
34 omission of any such name to result in a preclusion of the
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1 testimony of such witness in the absence of a showing of good
2 cause and the express permission of the hearing officer; (2)
3 bills of particulars; (3) written interrogatories; and (4)
4 production of relevant documents. The per diem allowance for
5 the hearing officer shall be determined and paid by the State
6 Board of Education. The hearing officer shall hold a hearing
7 and render a final decision. The teacher has the privilege
8 of being present at the hearing with counsel and of
9 cross-examining witnesses and may offer evidence and
10 witnesses and present defenses to the charges. The hearing
11 officer may issue subpoenas and subpoenas duces tecum
12 requiring the attendance of witnesses and, at the request of
13 the teacher against whom a charge is made or the board, shall
14 issue such subpoenas, but the hearing officer may limit the
15 number of witnesses to be subpoenaed in behalf of the teacher
16 or the board to not more than 10. All testimony at the
17 hearing shall be taken under oath administered by the hearing
18 officer. The hearing officer shall cause a record of the
19 proceedings to be kept and shall employ a competent reporter
20 to take stenographic or stenotype notes of all the testimony.
21 The costs of the reporter's attendance and services at the
22 hearing shall be paid by the State Board of Education. Either
23 party desiring a transcript of the hearing shall pay for the
24 cost thereof. If in the opinion of the board the interests
25 of the school require it, the board may suspend the teacher
26 pending the hearing, but if acquitted the teacher shall not
27 suffer the loss of any salary by reason of the suspension.
28 Before setting a hearing on charges stemming from causes
29 that are considered remediable, a board must give the teacher
30 reasonable warning in writing, stating specifically the
31 causes which, if not removed, may result in charges; however,
32 no such written warning shall be required if the causes have
33 been the subject of a remediation plan pursuant to Article
34 24A. The hearing officer shall consider and give weight to
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1 all of the teacher's evaluations written pursuant to Article
2 24A. The hearing officer shall, within 30 days from the
3 conclusion of the hearing or closure of the record, whichever
4 is later, make a decision as to whether or not the teacher
5 shall be dismissed and shall give a copy of the decision to
6 both the teacher and the school board. If the hearing officer
7 fails to render a decision within 30 days, the State Board of
8 Education shall communicate with the hearing officer to
9 determine the date that the parties can reasonably expect to
10 receive the decision. The State Board of Education shall
11 provide copies of all such communications to the parties. In
12 the event the hearing officer fails without good cause to
13 make a decision within the 30 day period, the name of such
14 hearing officer shall be struck for a period of not more than
15 24 months from the master list of hearing officers maintained
16 by the State Board of Education. If a hearing officer fails
17 without good cause to render a decision within 3 months after
18 the hearing is concluded or the record is closed, whichever
19 is later, the State Board of Education shall provide the
20 parties with a new list of prospective, impartial hearing
21 officers, with the same qualifications provided herein, one
22 of whom shall be selected, as provided in this Section, to
23 review the record and render a decision. The parties may
24 mutually agree to select a hearing officer pursuant to the
25 alternative procedure, as provided in this Section, to rehear
26 the charges heard by the hearing officer who failed to render
27 a decision. If the hearing officer fails without good cause
28 to render a decision within 3 months after the hearing is
29 concluded or the record is closed, whichever is later, the
30 hearing officer shall be removed from the master list of
31 hearing officers maintained by the State Board of Education.
32 The board shall not lose jurisdiction to discharge a teacher
33 if the hearing officer fails to render a decision within the
34 time specified in this Section. The decision of the hearing
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1 officer is final unless reviewed as provided in Section 24-16
2 of this Act. In the event such review is instituted, any
3 costs of preparing and filing the record of proceedings shall
4 be paid by the board.
5 If a decision of the hearing officer is adjudicated upon
6 review or appeal in favor of the teacher, then the trial
7 court shall order reinstatement and shall determine the
8 amount for which the board is liable including but not
9 limited to loss of income and costs incurred therein.
10 Any teacher who is reinstated by any hearing or
11 adjudication brought under this Section shall be assigned by
12 the board to a position substantially similar to the one
13 which that teacher held prior to that teacher's suspension or
14 dismissal.
15 If, by reason of any change in the boundaries of school
16 districts, or by reason of the creation of a new school
17 district, the position held by any teacher having a
18 contractual continued service status is transferred from one
19 board to the control of a new or different board, the
20 contractual continued service status of such teacher is not
21 thereby lost, and such new or different board is subject to
22 this Act with respect to such teacher in the same manner as
23 if such teacher were its employee and had been its employee
24 during the time such teacher was actually employed by the
25 board from whose control the position was transferred.
26 (Source: P.A. 89-618, eff. 8-9-96; 90-224, eff. 7-25-97.)
27 (105 ILCS 5/27-23.6 new)
28 Sec. 27-23.6. Summer school bridge program; elementary
29 school promotion and retention policy.
30 (a) This Section applies, beginning with the 1998-1999
31 school year and thereafter, to all school districts,
32 including school districts in a city having a population
33 exceeding 500,000.
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1 (b) If the school board of a school district elects to
2 conduct a summer school bridge program as provided in this
3 Section, pupils in the third, fifth, or eighth grade of that
4 district who, by their performance on the State assessment
5 tests administered to them under subsection (a) of Section
6 2-3.64 in reading, writing, or mathematics or by teacher
7 judgment, demonstrate a proficiency level in any of those
8 basic subjects comparable to the average pupil performance 2
9 or more grades below their current placement shall be
10 required to attend that program and shall be subject to the
11 promotion and retention policy established by this Section.
12 Notwithstanding the foregoing provisions of this
13 subsection, the school board of a school district that elects
14 to conduct a summer school bridge program under this Section
15 and that also administers the Iowa Test of Basic Skills
16 (hereafter in this Section referred to as "ITBS") to its
17 third, fifth, or eighth grade pupils during the regular
18 school term may establish a policy under which pupils in
19 those grades who, when the ITBS is administered to them
20 during the regular school term, fail to perform on either the
21 reading or the mathematics component of that test at or above
22 the minimum level established as satisfactory by the school
23 board, are required to attend the summer school bridge
24 program and become subject to the promotion and retention
25 policy established by this Section. In such a school
26 district, pupil performance on the State assessment tests
27 administered in reading, writing, or mathematics shall not be
28 used to determine if pupils are required to attend the summer
29 school bridge program and become subject to the promotion and
30 retention policy established by this Section, unless the
31 school board establishes a policy under which pupil
32 performances on both the State assessment tests and the ITBS
33 are to be used in making that determination.
34 In addition, if the school board of a school district
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1 elects to conduct a summer school bridge program under this
2 Section, the third, fifth, or eighth grade pupils of that
3 district who, on their final report card for the regular term
4 of the school year, receive a failing final cumulative grade
5 in either reading and writing or mathematics shall be
6 required to attend the summer school bridge program and shall
7 be subject to the promotion and retention policy established
8 by this Section.
9 (c) Parents of third grade, fifth grade, or eighth grade
10 children who are receiving a failing grade in reading,
11 writing, or mathematics must be notified in writing at the
12 end of the fifth week of each of the school's first 3 grading
13 periods. The method of delivery of these notifications
14 shall be established by the school.
15 Parents of third grade, fifth grade, or eighth grade
16 children who are receiving a failing grade in reading,
17 writing, or mathematics must be notified by certified mail at
18 the end of the twentieth week of school.
19 For each school in which any of grades 3, 5, or 8 is
20 maintained, the school board shall establish a policy
21 requiring a parent or guardian of a child in that school to
22 come to school on designated dates during the school year to
23 pick up the report card of the child for the grading period
24 just ended. The policy shall provide for appropriate
25 notification at the beginning of each school year to the
26 parent or guardian of each child attending that school of the
27 report card pick up dates for that school year. If the parent
28 of a third grade, fifth grade, or eighth grade child who is
29 failing reading, writing, or mathematics does not attend
30 report card pick-up at the end of the next-to-last grading
31 period of the school year at the school that the child
32 attends, notification must be sent by certified mail.
33 Within 10 days after a school district in which a summer
34 school bridge program is to be conducted under this Section
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1 receives the results of the State assessment tests in
2 reading, writing, and mathematics that are administered
3 during the regular school year to the district's third,
4 fifth, and eighth grade pupils under subsection (a) of
5 Section 2-3.64, the parents of pupils in those grades who by
6 their performance on those tests demonstrate a proficiency
7 level comparable to the average pupil performance 2 or more
8 grades below their current placement must be notified in
9 writing whether, as a result of such performance, their child
10 will be required to attend the summer school bridge program.
11 However, if a school district has established a policy under
12 which the ITBS instead of the State assessment tests are to
13 be used in determining if a child will be required to attend
14 the summer school bridge program, the written notice to
15 parents required by this paragraph must be provided within 10
16 days after the district receives the results of the ITBS
17 administered during the regular school year. If a school
18 district has established a policy under which pupil
19 performances on both the State assessment tests in reading,
20 writing, and mathematics and the ITBS are to be used in
21 determining if a child will be required to attend the summer
22 school bridge program, a written notice to parents under this
23 paragraph shall be given after each such test, within the 10
24 day period prescribed therefor.
25 (d) The content of a summer school bridge program
26 conducted under this Section shall include instruction in
27 reading, writing, and mathematics and may also include
28 counseling, including counseling in the development of
29 testing skills. A summer school bridge program for third and
30 fifth grade students shall consist of not less than 90 hours
31 of instruction, with not less than 45 hours of that
32 instruction to be provided in reading and writing and not
33 less than 45 hours of that instruction to be provided in
34 mathematics. A summer school bridge program for eighth grade
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1 students shall consist of not less than 140 hours of
2 instruction, with not less than 70 hours of that instruction
3 to be provided in reading and writing and not less than 70
4 hours of that instruction to be provided in mathematics.
5 (e) In a school district that conducts a summer school
6 bridge program under this Section, those third, fifth, and
7 eighth grade students who successfully complete the summer
8 school bridge program shall be promoted to the next higher
9 grade level at the end of summer. Third, fifth, and eighth
10 grade students who do not successfully complete the summer
11 school bridge program shall not be promoted and shall be
12 retained for the ensuing school year in the same grade in
13 which they were enrolled at the end of the immediately
14 preceding school year.
15 (f) In a school district that conducts a summer school
16 bridge program under this Section, criteria for successful
17 completion by a pupil of the program and for promotion of
18 the pupil to the next higher grade level are as follows:
19 (1) Receipt by the pupil of a passing grade on his
20 or her summer school bridge school program report card in
21 reading, writing, and mathematics; and
22 (2) Unless otherwise provided in paragraph (4) of
23 this subsection, receipt by the pupil of scores on State
24 assessment tests administered to the pupil during the
25 summer school bridge program in the basic subjects of
26 reading, writing, and mathematics that are superior to
27 the average performance on those tests of pupils 2 or
28 more grades below the pupil's current placement.
29 However, if when the State assessment tests in those
30 basic subjects are administered during the regular term
31 of the school year that immediately precedes a summer
32 school bridge program that a pupil is required to attend,
33 the pupil receives a score on one or more of those basic
34 subject tests that is superior to the average performance
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1 on that test of pupils 2 or more grade levels below the
2 pupil's current placement, the pupil shall not be
3 required, as a condition of his or her successful
4 completion of the summer school bridge program and
5 promotion to the next higher grade level, to receive any
6 minimum or other prescribed score on the State assessment
7 test in that same basic subject when that test is again
8 administered to the pupil during the course of the summer
9 school bridge program.
10 (3) Unless otherwise provided in paragraph (4) of
11 this subsection, receipt by the pupil of scores on both
12 the reading and mathematics components of the ITBS
13 administered to the pupil during the summer school bridge
14 program that are at or above the minimum level
15 established as satisfactory by the school board.
16 However, if when those components of the ITBS are
17 administered during the regular term of the school year
18 that immediately precedes a summer school bridge program
19 that a pupil is required to attend, the pupil receives a
20 score on either or both of those components that is at or
21 above the minimum level established as satisfactory by
22 the school board, the pupil shall not be required, as a
23 condition of his or her successful completion of the
24 summer school bridge program and promotion to the next
25 higher grade level, to receive any minimum or other
26 prescribed score on the same test component or components
27 when the component or components are again administered
28 to the pupil during the course of the summer school
29 bridge program; and
30 (4) If a school district has not established a
31 policy for the use of pupil performance on the ITBS as a
32 basis for determining whether pupils are required to
33 attend a summer school bridge program and become subject
34 to the promotion and retention policy established by this
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1 Section, the provisions of paragraph (3) of this
2 subsection shall not apply to those pupils nor to the
3 summer school bridge program and promotion and retention
4 policy of that district. If a school district has
5 established a policy for the use of pupil performance on
6 the ITBS, in lieu of pupil performance on the State
7 assessment tests in reading, writing, and mathematics, as
8 the basis for determining whether pupils are required to
9 attend a summer school bridge program and become subject
10 to the promotion and retention policy established by this
11 Section, the provisions of paragraph (2) of this
12 subsection shall not apply to those pupils nor to the
13 summer school bridge program and retention and promotion
14 policy of that district. If a school district has
15 established a policy under which pupil performances on
16 both the State assessment tests in reading, writing, and
17 mathematics and the ITBS are to be used for determining
18 whether pupils are required to attend a summer school
19 bridge program and become subject to the promotion and
20 retention policy established by this Section, the
21 provisions of paragraphs (3) and (4) of this subsection
22 shall both apply to those pupils and to the summer school
23 bridge program and retention and promotion policy of that
24 district. The provisions of paragraph (1) of this
25 subsection shall apply to all pupils in the summer school
26 bridge program of each school district whose school board
27 has elected to conducted a summer school bridge program
28 under this Section.
29 (g) In a school district that conducts a summer school
30 bridge program under this Section, the provisions of this
31 Section requiring participation in that program and the
32 criteria for successful completion of the program and
33 promotion to the next higher grade level shall also apply to
34 a pupil who is receiving special education services, except
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1 to the extent that the pupil's individualized educational
2 program contains a modification to those criteria as applied
3 to that pupil.
4 (h) The State Board of Education shall be responsible
5 for developing and furnishing school districts with the State
6 assessment tests in the basic subjects of reading, writing,
7 and mathematics that are to be administered during the course
8 of a summer school bridge program to pupils who are attending
9 the program.
10 (i) The promotion policy established for third grade,
11 fifth grade, and eighth grade students under this Section
12 does not preclude retention of students in other grades.
13 (j) In a school district that conducts a summer school
14 bridge program under this Section, requests for exemptions
15 from the program and promotion and retention policy
16 established by this Section for third grade, fifth grade, and
17 eighth grade students may be made by the principal at the
18 conclusion of the regular school year, taking into
19 consideration a student's past academic performance. The
20 waiver request form must be completed by the principal and
21 approved by the regional superintendent of schools or, in the
22 case of a summer school bridge program that may be conducted
23 in a school district in a city having a population exceeding
24 500,000, by the Region Education Officer.
25 At the conclusion of the summer school bridge program, a
26 principal may request an exemption from the promotion and
27 retention policy for students who have failed to meet the
28 applicable criteria for successful completion of the program
29 and promotion to the next higher grade level. The waiver
30 request form must be completed by the principal and approved
31 by the regional superintendent of schools or, in the case of
32 a summer school bridge program that may be conducted in a
33 school district in a city having a population exceeding
34 500,000, by the Region Education Officer.
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1 A decision to retain a student may be appealed by a
2 parent or guardian to the regional superintendent of schools
3 or, in the case of any summer school bridge program that may
4 be conducted in a school district in a city having a
5 population exceeding 500,000, by the Region Education
6 Officer.
7 (k) School districts may combine students in summer
8 school bridge programs where appropriate and may cooperate
9 with other districts in the design and delivery of those
10 programs.
11 (105 ILCS 5/27A-2)
12 Sec. 27A-2. Legislative declaration.
13 (a) The General Assembly finds and declares as follows:
14 (1) Encouraging educational excellence is in the
15 best interests of the people of this State.
16 (2) There are educators, community members, and
17 parents in Illinois who can offer flexible and innovative
18 educational techniques and programs, but who lack an
19 avenue through which to provide them within the public
20 school system.
21 (3) The enactment of legislation authorizing
22 charter schools to operate in Illinois will promote new
23 options within the public school system and will provide
24 pupils, educators, community members, and parents with
25 the stimulus to strive for educational excellence.
26 (b) The General Assembly further finds and declares that
27 this Article is enacted for the following purposes:
28 (1) To improve pupil learning by creating schools
29 with high, rigorous standards for pupil performance.
30 (2) To increase learning opportunities for all
31 pupils, with special emphasis on expanded learning
32 experiences for at-risk pupils, consistent, however, with
33 an equal commitment to increase learning opportunities
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1 for all other groups of pupils in a manner that does not
2 discriminate on the basis of disability, race, creed,
3 color, gender, national origin, religion, ancestry,
4 marital status, or need for special education services.
5 (3) To encourage the use of innovative teaching
6 methods that may be different in some respects than
7 others regularly used in the public school system.
8 (4) To allow the development of new, different, or
9 alternative innovative forms of measuring pupil learning
10 and achievement.
11 (5) To create new professional opportunities for
12 teachers, including the opportunity to be responsible for
13 the learning program at the school site.
14 (6) To provide parents and pupils with expanded
15 choices within the public school system.
16 (7) To encourage parental and community involvement
17 with public schools.
18 (8) To hold charter schools accountable for meeting
19 rigorous school content standards and to provide those
20 schools with the opportunity to improve accountability.
21 (c) In authorizing charter schools, it is the intent of
22 the General Assembly to create a legitimate avenue for
23 parents, teachers, and community members to take responsible
24 risks and create new, innovative, and more flexible ways of
25 educating children within the public school system. The
26 General Assembly seeks to create opportunities within the
27 public school system of Illinois for development of
28 innovative and accountable teaching techniques. The
29 provisions of this Article should be interpreted liberally to
30 support the findings and goals of this Section and to advance
31 a renewed commitment by the State of Illinois to the mission,
32 goals, and diversity of public education.
33 (Source: P.A. 89-450, eff. 4-10-96.)
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1 (105 ILCS 5/27A-7)
2 Sec. 27A-7. Charter submission.
3 (a) A proposal to establish a charter school shall be
4 submitted to the State Board and the local school board in
5 the form of a proposed contract entered into between the
6 local school board and the governing body of a proposed
7 charter school. The charter school proposal as submitted to
8 the State Board shall include:
9 (1) The name of the proposed charter school, which
10 must include the words "Charter School".
11 (2) The age or grade range, areas of focus, minimum
12 and maximum numbers of pupils to be enrolled in the
13 charter school, and any other admission criteria that
14 would be legal if used by a school district.
15 (3) A description of and address for the physical
16 plant in which the charter school will be located;
17 provided that nothing in the Article shall be deemed to
18 justify delaying or withholding favorable action on or
19 approval of a charter school proposal because the
20 building or buildings in which the charter school is to
21 be located have not been acquired or rented at the time a
22 charter school proposal is submitted or approved or a
23 charter school contract is entered into or submitted for
24 certification or certified, so long as the proposal or
25 submission identifies and names at least 2 sites that are
26 potentially available as a charter school facility by the
27 time the charter school is to open.
28 (4) The mission statement of the charter school,
29 which must be consistent with the General Assembly's
30 declared purposes; provided that nothing in this Article
31 shall be construed to require that, in order to receive
32 favorable consideration and approval, a charter school
33 proposal demonstrate unequivocally that the charter
34 school will be able to meet each of those declared
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1 purposes, it being the intention of the Charter Schools
2 Law that those purposes be recognized as goals that
3 charter schools must aspire to attain.
4 (5) The goals, objectives, and pupil performance
5 standards to be achieved by the charter school.
6 (6) In the case of a proposal to establish a
7 charter school by converting an existing public school or
8 attendance center to charter school status, evidence that
9 the proposed formation of the charter school has received
10 the required approval of from certified teachers, from
11 parents and guardians, and, if applicable, from a local
12 school council as provided in subsection (b) of Section
13 27A-8.
14 (7) A description of the charter school's
15 educational program, pupil performance standards,
16 curriculum, school year, school days, and hours of
17 operation.
18 (8) A description of the charter school's plan for
19 evaluating pupil performance, the types of assessments
20 that will be used to measure pupil progress towards
21 achievement of the school's pupil performance standards,
22 the timeline for achievement of those standards, and the
23 procedures for taking corrective action in the event that
24 pupil performance at the charter school falls below those
25 standards.
26 (9) Evidence that the terms of the charter as
27 proposed are economically sound for both the charter
28 school and the school district, a proposed budget for the
29 term of the charter, a description of the manner in which
30 an annual audit of the financial and administrative
31 operations of the charter school, including any services
32 provided by the school district, are to be conducted, and
33 a plan for the displacement of pupils, teachers, and
34 other employees who will not attend or be employed in the
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1 charter school.
2 (10) A description of the governance and operation
3 of the charter school, including the nature and extent of
4 parental, professional educator, and community
5 involvement in the governance and operation of the
6 charter school.
7 (11) An explanation of the relationship that will
8 exist between the charter school and its employees,
9 including evidence that the terms and conditions of
10 employment have been addressed with affected employees
11 and their recognized representative, if any. However, a
12 bargaining unit of charter school employees shall be
13 separate and distinct from any bargaining units formed
14 from employees of a school district in which the charter
15 school is located.
16 (12) An agreement between the parties regarding
17 their respective legal liability and applicable insurance
18 coverage.
19 (13) A description of how the charter school plans
20 to meet the transportation needs of its pupils, and a
21 plan for addressing the transportation needs of
22 low-income and at-risk pupils.
23 (14) The proposed effective date and term of the
24 charter; provided that the first day of the first
25 academic year and the first day of the fiscal year shall
26 be no earlier than August 15 and no later than September
27 15 of a calendar year of the charter school shall
28 coincide with the first day of the academic year and the
29 first day of the fiscal year of the local school
30 district.
31 (15) Any other information reasonably required by
32 the State Board of Education.
33 (b) A proposal to establish a charter school may be
34 initiated by individuals or organizations that will have
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1 majority representation on the board of directors or other
2 governing body of the corporation or other discrete legal
3 entity that is to be established to operate the proposed
4 charter school, or by the board of directors or other
5 governing body of a discrete legal entity already existing or
6 established to operate the proposed charter school. The
7 individuals or organizations referred to in this subsection
8 may be school teachers, school administrators, local school
9 councils, colleges or universities or their faculty members,
10 public community colleges or their instructors or other
11 representatives, corporations, or other entities or their
12 representatives. The proposal shall be submitted to the
13 local school board for consideration and, if appropriate, for
14 development of a proposed contract to be submitted to the
15 State Board for certification under Section 27A-6.
16 (c) The local school board may not without the consent
17 of the governing body of the charter school condition its
18 approval of a charter school proposal on acceptance of an
19 agreement to operate under State laws and regulations and
20 local school board policies from which the charter school is
21 otherwise exempted under this Article.
22 (Source: P.A. 89-450, eff. 4-10-96.)
23 (105 ILCS 5/27A-8)
24 Sec. 27A-8. Evaluation of charter proposals.
25 (a) In evaluating any charter school proposal submitted
26 to it, the local school board shall give preference to
27 proposals that:
28 (1) demonstrate a high level of local pupil,
29 parental, community, business, and school personnel
30 support;
31 (2) set rigorous levels of expected pupil
32 achievement and demonstrate feasible plans for attaining
33 those levels of achievement; and
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1 (3) are designed to enroll and serve a substantial
2 proportion of at-risk children; provided that nothing in
3 the Charter Schools Law shall be construed as intended to
4 limit the establishment of charter schools to those that
5 serve a substantial portion of at-risk children or to in
6 any manner restrict, limit, or discourage the
7 establishment of charter schools that enroll and serve
8 other pupil populations under a nonexclusive,
9 nondiscriminatory admissions policy.
10 (b) In the case of a proposal to establish a charter
11 school by converting an existing public school or attendance
12 center to charter school status, evidence that the proposed
13 formation of the charter school has received majority support
14 from certified teachers and from parents and guardians in the
15 school or attendance center affected by the proposed charter,
16 and, if applicable, from a local school council, shall be
17 demonstrated by a petition in support of the charter school
18 signed by certified teachers and a petition in support of the
19 charter school signed by parents and guardians and, if
20 applicable, by a vote of the local school council held at a
21 public meeting. In the case of all other proposals to
22 establish a charter school, evidence of sufficient support to
23 fill the number of pupil seats set forth in the proposal may
24 shall be demonstrated by a petition in support of the charter
25 school signed by parents and guardians of students eligible
26 to attend the charter school. In all cases, the individuals,
27 organizations, or entities who initiate the proposal to
28 establish a charter school may elect, in lieu of including
29 any petition referred to in this subsection as a part of the
30 proposal submitted to the local school board, to demonstrate
31 that the charter school has received the support referred to
32 in this subsection by other evidence and information
33 presented at the public meeting that the local school board
34 is required to convene under this Section.
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1 (c) Within 45 days of receipt of a charter school
2 proposal, the local school board shall convene a public
3 meeting to obtain information to assist the board in its
4 decision to grant or deny the charter school proposal.
5 (d) Notice of the public meeting required by this
6 Section shall be published in a community newspaper published
7 in the school district in which the proposed charter is
8 located and, if there is no such newspaper, then in a
9 newspaper published in the county and having circulation in
10 the school district. The notices shall be published not more
11 than 10 days nor less than 5 days before the meeting and
12 shall state that information regarding a charter school
13 proposal will be heard at the meeting. Copies of the notice
14 shall also be posted at appropriate locations in the school
15 or attendance center proposed to be established as a charter
16 school, the public schools in the school district, and the
17 local school board office.
18 (e) Within 30 days of the public meeting, the local
19 school board shall vote, in a public meeting, to either grant
20 or deny the charter school proposal.
21 (f) Within 7 days of the public meeting required under
22 subsection (e), the local school board shall file a report
23 with to the State Board granting or denying the whether a
24 proposal has been granted or denied. Within 14 days of
25 receipt of the local school board's report, the State Board
26 shall determine whether the approved charter proposal is
27 consistent with the provisions of this Article and, if the
28 approved proposal complies, certify the proposal pursuant to
29 Section 27A-6.
30 (Source: P.A. 89-450, eff. 4-10-96.)
31 (105 ILCS 5/27A-9)
32 Sec. 27A-9. Term of charter; renewal.
33 (a) A charter may be granted for a period not less than
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1 3 and not more than 5 school years. A charter may be renewed
2 in incremental periods not to exceed 5 school years.
3 (b) A charter school renewal proposal submitted to the
4 local school board shall contain:
5 (1) A report on the progress of the charter school
6 in achieving the goals, objectives, pupil performance
7 standards, content standards, and other terms of the
8 initial approved charter proposal; and
9 (2) A financial statement that discloses the costs
10 of administration, instruction, and other spending
11 categories for the charter school that is understandable
12 to the general public and that will allow comparison of
13 those costs to other schools or other comparable
14 organizations, in a format required by the State Board.
15 (c) A charter may be revoked or not renewed if the local
16 school board clearly demonstrates determines that the charter
17 school did any of the following, or otherwise failed to
18 comply with the requirements of this law for other good cause
19 shown:
20 (1) Committed a material violation of any of the
21 conditions, standards, or procedures set forth in the
22 charter.
23 (2) Failed to meet or make reasonable progress
24 toward achievement of the content standards or pupil
25 performance standards identified in the charter.
26 (3) Failed to meet generally accepted standards of
27 fiscal management.
28 (4) Violated any provision of law from which the
29 charter school was not exempted.
30 (d) (Blank). In addition, a charter may not be renewed
31 if the local school board determines that it is not in the
32 interest of the pupils residing within the school district or
33 service area to continue the operation of the charter school.
34 (e) Notice of a local school board's decision to deny,
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1 revoke or not to renew a charter shall be provided to the
2 State Board. The State Board may reverse a local board's
3 decision if the State Board finds that the charter school or
4 charter school proposal (i) is in compliance with this
5 Article, and (ii) is in the best interests of the students it
6 is designed to serve. Final decisions of the State Board
7 shall be subject to judicial review under the Administrative
8 Review Law.
9 (f) Notwithstanding other provisions of this Article, if
10 the State Board on appeal reverses a local board's decision,
11 the State Board shall act as the authorized chartering entity
12 for the charter school. The State Board shall approve and
13 certify the charter and shall perform all functions under
14 this Article otherwise performed by the local school board.
15 The State Board shall report the aggregate number of charter
16 school pupils resident in a school district to that district
17 and shall notify the district of the amount of funding to be
18 paid by the State Board to the charter school enrolling such
19 students. The State Board shall withhold from funds
20 otherwise due the district the funds authorized by this
21 Article to be paid to the charter school and shall pay such
22 amounts to the charter school.
23 (Source: P.A. 89-450, eff. 4-10-96.)
24 (105 ILCS 5/27A-11)
25 Sec. 27A-11. Financing.
26 (a) For purposes of the School Code, pupils enrolled in
27 a charter school shall be included in the pupil enrollment of
28 the school district within which the pupil resides. Each
29 charter school (i) shall determine the school district in
30 which each pupil who is enrolled in the charter school
31 resides, and (ii) shall report the aggregate number of pupils
32 resident of a school district who are enrolled in the charter
33 school to the school district in which those pupils reside,
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1 and (iii) shall maintain accurate records of daily attendance
2 that shall be deemed sufficient to file claims under Section
3 18-8 notwithstanding any other requirements of that Section
4 regarding hours of instruction and teacher certification.
5 (b) As part of a charter school contract, the charter
6 school and the local school board shall agree on funding and
7 any services to be provided by the school district to the
8 charter school. Agreed funding that a charter school is to
9 receive from the local school board for a school year shall
10 be paid in equal quarterly installments with the payment of
11 the installment for the first quarter being made not later
12 than July 1, unless the charter establishes a different
13 payment schedule.
14 All services centrally or otherwise provided by the
15 school district including, but not limited to, food services,
16 custodial services, maintenance, curriculum, media services,
17 libraries, transportation, and warehousing shall be subject
18 to negotiation between a charter school and the local school
19 board and paid for out of the revenues negotiated pursuant to
20 this subsection (b); provided that the local school board
21 shall not attempt, by negotiation or otherwise, to obligate a
22 charter school to provide pupil transportation for pupils for
23 whom a district is not required to provide transportation
24 under the criteria set forth in subsection (a)(13) of Section
25 27A-7.
26 In no event shall the funding be less than 75% 95% or
27 more than 125% 105% of the school district's per capita
28 student tuition multiplied by the number of students residing
29 in the district who are enrolled in the charter school.
30 It is the intent of the General Assembly that funding and
31 service agreements under this subsection (b) shall be neither
32 a financial incentive nor a financial disincentive to the
33 establishment of a charter school.
34 Fees collected from students enrolled at a charter school
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1 shall be retained by the charter school.
2 (c) Notwithstanding subsection (b) of this Section, the
3 proportionate share of State and federal resources generated
4 by students with disabilities or staff serving them shall be
5 directed to charter schools enrolling those students by their
6 school districts or administrative units. The proportionate
7 share of moneys generated under other federal or State
8 categorical aid programs shall be directed to charter schools
9 serving students eligible for that aid.
10 (d)(1) The governing body of a charter school is
11 authorized to accept gifts, donations, or grants of any kind
12 made to the charter school and to expend or use gifts,
13 donations, or grants in accordance with the conditions
14 prescribed by the donor; however, a gift, donation, or grant
15 may not be accepted by the governing body if it is subject to
16 any condition contrary to applicable law or contrary to the
17 terms of the contract between the charter school and the
18 local school board. Charter schools shall be encouraged to
19 solicit and utilize community volunteer speakers and other
20 instructional resources when providing instruction on the
21 Holocaust and other historical events.
22 (2) From amounts appropriated to the State Board for
23 purposes of this subsection (d)(2), the State Board may make
24 loans to charter schools established under this Article to be
25 used by those schools to defer their start-up costs of
26 acquiring textbooks and laboratory and other equipment
27 required for student instruction. Any such loan shall be made
28 to a charter school at the inception of the term of its
29 charter, under terms established by the State Board, and
30 shall be repaid by the charter school over the term of its
31 charter.
32 (e) No later than January 1, 1997, the State Board shall
33 issue a report to the General Assembly and the Governor
34 describing the charter schools certified under this Article,
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1 their geographic locations, their areas of focus, and the
2 numbers of school children served by them.
3 (f) The State Board shall provide technical assistance
4 to persons and groups preparing or revising charter
5 applications.
6 (g) At the non-renewal or revocation of its charter,
7 each charter school shall refund to the local board of
8 education all unspent funds.
9 (h) A charter school is authorized to incur temporary,
10 short term debt to pay operating expenses in anticipation of
11 receipt of funds from the local school board.
12 (Source: P.A. 89-450, eff. 4-10-96.)
13 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
14 Sec. 29-5. Reimbursement by State for transportation.
15 Any school district, maintaining a school, transporting
16 resident pupils to another school district's vocational
17 program, offered through a joint agreement approved by the
18 State Board of Education, as provided in Section 10-22.22 or
19 transporting its resident pupils to a school which meets the
20 standards for recognition as established by the State Board
21 of Education which provides transportation meeting the
22 standards of safety, comfort, convenience, efficiency and
23 operation prescribed by the State Board of Education for
24 resident pupils in kindergarten or any of grades 1 through 12
25 who: (a) reside at least 1 1/2 miles as measured by the
26 customary route of travel, from the school attended; or (b)
27 reside in areas where conditions are such that walking
28 constitutes a hazard to the safety of the child when
29 determined under Section 29-3; and (c) are transported to the
30 school attended from pick-up points at the beginning of the
31 school day and back again at the close of the school day or
32 transported to and from their assigned attendance centers
33 during the school day, shall be reimbursed by the State as
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1 hereinafter provided in this Section.
2 The State will pay the cost of transporting eligible
3 pupils less the assessed valuation in a dual school district
4 maintaining secondary grades 9 to 12 inclusive times a
5 qualifying rate of .05%; in elementary school districts
6 maintaining grades K to 8 times a qualifying rate of .06%; in
7 unit districts maintaining grades K to 12 times a qualifying
8 rate of .07%. To be eligible to receive reimbursement in
9 excess of 4/5 of the cost to transport eligible pupils, a
10 school district shall have a Transportation Fund tax rate of
11 at least .12%. If a school district does not have a .12%
12 Transportation Fund tax rate, the amount of its claim in
13 excess of 4/5 of the cost of transporting pupils shall be
14 reduced by the sum arrived at by subtracting the
15 Transportation Fund tax rate from .12% and multiplying that
16 amount by the districts equalized or assessed valuation,
17 provided, that in no case shall said reduction result in
18 reimbursement of less than 4/5 of the cost to transport
19 eligible pupils.
20 The minimum amount to be received by a district is $16
21 times the number of eligible pupils transported.
22 Any such district transporting resident pupils during the
23 school day to an area vocational school or another school
24 district's vocational program more than 1 1/2 miles from the
25 school attended, as provided in Sections 10-22.20a and
26 10-22.22, shall be reimbursed by the State for 4/5 of the
27 cost of transporting eligible pupils.
28 School day means that period of time which the pupil is
29 required to be in attendance for instructional purposes.
30 If a pupil is at a location within the school district
31 other than his residence for child care purposes at the time
32 for transportation to school, that location may be considered
33 for purposes of determining the 1 1/2 miles from the school
34 attended.
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1 Claims for reimbursement that include children who attend
2 any school other than a public school shall show the number
3 of such children transported.
4 Claims for reimbursement under this Section shall not be
5 paid for the transportation of pupils for whom transportation
6 costs are claimed for payment under other Sections of this
7 Act.
8 The allowable direct cost of transporting pupils for
9 regular, vocational, and special education pupil
10 transportation shall be limited to the sum of the cost of
11 physical examinations required for employment as a school bus
12 driver; the salaries of full or part-time drivers and school
13 bus maintenance personnel; employee benefits excluding
14 Illinois municipal retirement payments, social security
15 payments, unemployment insurance payments and workers'
16 compensation insurance premiums; expenditures to independent
17 carriers who operate school buses; payments to other school
18 districts for pupil transportation services; pre-approved
19 contractual expenditures for computerized bus scheduling; the
20 cost of gasoline, oil, tires, and other supplies necessary
21 for the operation of school buses; the cost of converting
22 buses' gasoline engines to more fuel efficient engines or to
23 engines which use alternative energy sources; the cost of
24 travel to meetings and workshops conducted by the regional
25 superintendent or the State Superintendent of Education
26 pursuant to the standards established by the Secretary of
27 State under Section 6-106 of the Illinois Vehicle Code to
28 improve the driving skills of school bus drivers; the cost of
29 maintenance of school buses including parts and materials
30 used; expenditures for leasing transportation vehicles,
31 except interest and service charges; the cost of insurance
32 and licenses for transportation vehicles; expenditures for
33 the rental of transportation equipment; plus a depreciation
34 allowance of 20% for 5 years for school buses and vehicles
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1 approved for transporting pupils to and from school and a
2 depreciation allowance of 10% for 10 years for other
3 transportation equipment so used. In addition to the above
4 allowable costs school districts shall also claim all
5 transportation supervisory salary costs, including Illinois
6 municipal retirement payments, and all transportation related
7 building and building maintenance costs without limitation.
8 Special education allowable costs shall also include
9 expenditures for the salaries of attendants or aides for that
10 portion of the time they assist special education pupils
11 while in transit and expenditures for parents and public
12 carriers for transporting special education pupils when
13 pre-approved by the State Superintendent of Education.
14 Indirect costs shall be included in the reimbursement
15 claim for districts which own and operate their own school
16 buses. Such indirect costs shall include administrative
17 costs, or any costs attributable to transporting pupils from
18 their attendance centers to another school building for
19 instructional purposes. No school district which owns and
20 operates its own school buses may claim reimbursement for
21 indirect costs which exceed 5% of the total allowable direct
22 costs for pupil transportation.
23 The State Board of Education shall prescribe uniform
24 regulations for determining the above standards and shall
25 prescribe forms of cost accounting and standards of
26 determining reasonable depreciation. Such depreciation shall
27 include the cost of equipping school buses with the safety
28 features required by law or by the rules, regulations and
29 standards promulgated by the State Board of Education, and
30 the Department of Transportation for the safety and
31 construction of school buses provided, however, any equipment
32 cost reimbursed by the Department of Transportation for
33 equipping school buses with such safety equipment shall be
34 deducted from the allowable cost in the computation of
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1 reimbursement under this Section in the same percentage as
2 the cost of the equipment is depreciated.
3 On or before July 10, annually, the board clerk or the
4 secretary of the district shall certify to the regional
5 superintendent of schools upon forms prescribed by the State
6 Superintendent of Education the district's claim for
7 reimbursement for the school year ended on June 30 next
8 preceding. The regional superintendent of schools shall
9 check all transportation claims to ascertain compliance with
10 the prescribed standards and upon his approval shall certify
11 not later than July 25 to the State Superintendent of
12 Education the regional report of claims for reimbursements.
13 The State Superintendent of Education shall check and approve
14 the claims and prepare the vouchers showing the amounts due
15 for district reimbursement claims. Beginning with the 1977
16 fiscal year, the State Superintendent of Education shall
17 prepare and transmit the first 3 vouchers to the Comptroller
18 on the 30th day of September, December and March,
19 respectively, and the final voucher, no later than June 15.
20 If the amount appropriated for transportation
21 reimbursement is insufficient to fund total claims for any
22 fiscal year, the State Board of Education shall reduce each
23 school district's allowable costs and flat grant amount
24 proportionately to make total adjusted claims equal the total
25 amount appropriated.
26 For purposes of calculating claims for reimbursement
27 under this Section for any school year beginning July 1,
28 1980, or thereafter, the equalized assessed valuation for a
29 school district used to compute reimbursement shall be
30 determined by adding to the real property equalized assessed
31 valuation for the district an amount computed by dividing the
32 amount of money received by the district under the provisions
33 of "An Act in relation to the abolition of ad valorem
34 personal property tax and the replacement of revenues lost
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1 thereby, and amending and repealing certain Acts and parts of
2 Acts in connection therewith", certified August 14, 1979, as
3 amended, by the total tax rate for the district. For
4 purposes of this subsection, 1976 tax rates shall be used for
5 school districts in the county of Cook, and 1977 tax rates
6 shall be used in all other counties. For the purposes of
7 calculating claims for reimbursement under this Section for
8 any school year beginning July 1, 1986, or thereafter, the
9 real property equalized assessed valuation for a school
10 district used to compute reimbursement shall be determined by
11 subtracting from the real property value as equalized or
12 assessed by the Department of Revenue for the district an
13 amount computed by dividing the amount of any abatement of
14 taxes under Section 18-170 of the Property Tax Code by the
15 following: in the case of a school district maintaining
16 grades kindergarten through 12, 3.00%; in the case of a
17 school district maintaining grades kindergarten through 8,
18 2.30%; in the case of a school district maintaining grades 9
19 through 12, 1.20% the maximum operating tax rates specified
20 in subsection 5(c) of Section 18-8.
21 All reimbursements received from the State shall be
22 deposited into the district's transportation fund or into the
23 fund from which the allowable expenditures were made.
24 (Source: P.A. 88-612, eff. 7-1-95; 88-641, eff. 9-9-94;
25 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
26 (105 ILCS 5/34-8.4)
27 Sec. 34-8.4. Intervention. The Chicago Schools Academic
28 Accountability Council may recommend to the Chicago School
29 Reform Board of Trustees that any school placed on
30 remediation or probation under Section 34-8.3 or schools that
31 for the 3 consecutive school years of 1992-1993, 1993-1994,
32 and 1994-1995 have met the State Board of Education's
33 category of "does not meet expectations" be made subject to
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1 intervention under this Section 34-8.4. In addition to any
2 powers created under this Section, the Trustees shall have
3 all powers created under Section 34-8.3 with respect to
4 schools subjected to intervention.
5 Prior to subjecting a school to intervention, the
6 Trustees shall conduct a public hearing and make findings of
7 facts concerning the recommendation of the Chicago Schools
8 Academic Accountability Council and the factors causing the
9 failure of the school to adequately perform. The Trustees
10 shall afford an opportunity at the hearing for interested
11 persons to comment about the intervention recommendation.
12 After the hearing has been held and completion of findings of
13 fact, the Trustees shall make a determination whether to
14 subject the school to intervention.
15 If the Trustees determine that a school shall be subject
16 to intervention under this Section, the Trustees shall
17 develop an intervention implementation plan and shall cause a
18 performance evaluation to be made of each employee at the
19 school. Upon consideration of such evaluations, and
20 consistent with the intervention implementation plan, the
21 Trustees may reassign, layoff, or dismiss any employees at
22 the attendance center, notwithstanding the provisions of
23 Sections 24A-5 and 34-85.
24 The chief educational officer shall appoint a principal
25 for the school and shall set the terms and conditions of the
26 principal's contract, which in no case may be longer than 2
27 years. The principal shall select all teachers and
28 non-certified personnel for the school as may be necessary.
29 Any provision of Section 34-8.1 that conflicts with this
30 Section shall not apply to a school subjected to intervention
31 under this Section.
32 If pursuant to this Section, the general superintendent,
33 with the approval of the board, orders new local school
34 council elections, the general superintendent shall carry out
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1 the responsibilities of the local school council for a school
2 subject to intervention until the new local school council
3 members are elected and trained.
4 Each school year, 5% of the supplemental general State
5 aid Chapter 1 funds distributed to a school subject to
6 intervention during that school year under subsection
7 5(i)(1)(a) of part A of Section 18-8 or subsection (H) of
8 Section 18-8.05 shall be used for employee performance
9 incentives. The Trustees shall prepare a report evaluating
10 the results of any interventions undertaken pursuant to this
11 Section and shall make recommendations concerning
12 implementation of special programs for dealing with
13 underperforming schools on an ongoing basis. This report
14 shall be submitted to the State Superintendent of Education
15 and Mayor of the City of Chicago by January 1, 1999.
16 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
17 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
18 Sec. 34-18. Powers of the board. The board shall
19 exercise general supervision and jurisdiction over the public
20 education and the public school system of the city, and,
21 except as otherwise provided by this Article, shall have
22 power:
23 1. To make suitable provision for the establishment
24 and maintenance throughout the year or for such portion
25 thereof as it may direct, not less than 9 months, of
26 schools of all grades and kinds, including normal
27 schools, high schools, night schools, schools for
28 defectives and delinquents, parental and truant schools,
29 schools for the blind, the deaf and the crippled, schools
30 or classes in manual training, constructural and
31 vocational teaching, domestic arts and physical culture,
32 vocation and extension schools and lecture courses, and
33 all other educational courses and facilities, including
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1 establishing, equipping, maintaining and operating
2 playgrounds and recreational programs, when such programs
3 are conducted in, adjacent to, or connected with any
4 public school under the general supervision and
5 jurisdiction of the board; provided, however, that in
6 allocating funds from year to year for the operation of
7 all attendance centers within the district, the board
8 shall ensure that supplemental general State aid Chapter
9 1 funds are allocated and applied in accordance with
10 Section 18-8 or 18-8.05. To admit to such schools without
11 charge foreign exchange students who are participants in
12 an organized exchange student program which is authorized
13 by the board. The board shall permit all students to
14 enroll in apprenticeship programs in trade schools
15 operated by the board, whether those programs are
16 union-sponsored or not. No student shall be refused
17 admission into or be excluded from any course of
18 instruction offered in the common schools by reason of
19 that student's sex. No student shall be denied equal
20 access to physical education and interscholastic athletic
21 programs supported from school district funds or denied
22 participation in comparable physical education and
23 athletic programs solely by reason of the student's sex.
24 Equal access to programs supported from school district
25 funds and comparable programs will be defined in rules
26 promulgated by the State Board of Education in
27 consultation with the Illinois High School Association.
28 Notwithstanding any other provision of this Article,
29 neither the board of education nor any local school
30 council or other school official shall recommend that
31 children with disabilities be placed into regular
32 education classrooms unless those children with
33 disabilities are provided with supplementary services to
34 assist them so that they benefit from the regular
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1 classroom instruction and are included on the teacher's
2 regular education class register;
3 2. To furnish lunches to pupils, to make a
4 reasonable charge therefor, and to use school funds for
5 the payment of such expenses as the board may determine
6 are necessary in conducting the school lunch program;
7 3. To co-operate with the circuit court;
8 4. To make arrangements with the public or
9 quasi-public libraries and museums for the use of their
10 facilities by teachers and pupils of the public schools;
11 5. To employ dentists and prescribe their duties
12 for the purpose of treating the pupils in the schools,
13 but accepting such treatment shall be optional with
14 parents or guardians;
15 6. To grant the use of assembly halls and
16 classrooms when not otherwise needed, including light,
17 heat, and attendants, for free public lectures, concerts,
18 and other educational and social interests, free of
19 charge, under such provisions and control as the
20 principal of the affected attendance center may
21 prescribe;
22 7. To apportion the pupils to the several schools;
23 provided that no pupil shall be excluded from or
24 segregated in any such school on account of his color,
25 race, sex, or nationality. The board shall take into
26 consideration the prevention of segregation and the
27 elimination of separation of children in public schools
28 because of color, race, sex, or nationality. Except that
29 children may be committed to or attend parental and
30 social adjustment schools established and maintained
31 either for boys or girls only. All records pertaining to
32 the creation, alteration or revision of attendance areas
33 shall be open to the public. Nothing herein shall limit
34 the board's authority to establish multi-area attendance
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1 centers or other student assignment systems for
2 desegregation purposes or otherwise, and to apportion the
3 pupils to the several schools. Furthermore, beginning in
4 school year 1994-95, pursuant to a board plan adopted by
5 October 1, 1993, the board shall offer, commencing on a
6 phased-in basis, the opportunity for families within the
7 school district to apply for enrollment of their children
8 in any attendance center within the school district which
9 does not have selective admission requirements approved
10 by the board. The appropriate geographical area in which
11 such open enrollment may be exercised shall be determined
12 by the board of education. Such children may be admitted
13 to any such attendance center on a space available basis
14 after all children residing within such attendance
15 center's area have been accommodated. If the number of
16 applicants from outside the attendance area exceed the
17 space available, then successful applicants shall be
18 selected by lottery. The board of education's open
19 enrollment plan must include provisions that allow low
20 income students to have access to transportation needed
21 to exercise school choice. Open enrollment shall be in
22 compliance with the provisions of the Consent Decree and
23 Desegregation Plan cited in Section 34-1.01.
24 8. To approve programs and policies for providing
25 transportation services to students. Nothing herein shall
26 be construed to permit or empower the State Board of
27 Education to order, mandate, or require busing or other
28 transportation of pupils for the purpose of achieving
29 racial balance in any school;
30 9. Subject to the limitations in this Article, to
31 establish and approve system-wide curriculum objectives
32 and standards, including graduation standards, which
33 reflect the multi-cultural diversity in the city and are
34 consistent with State law, provided that for all purposes
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1 of this Article courses or proficiency in American Sign
2 Language shall be deemed to constitute courses or
3 proficiency in a foreign language; and to employ
4 principals and teachers, appointed as provided in this
5 Article, and fix their compensation. The board shall
6 prepare such reports related to minimal competency
7 testing as may be requested by the State Board of
8 Education, and in addition shall monitor and approve
9 special education and bilingual education programs and
10 policies within the district to assure that appropriate
11 services are provided in accordance with applicable State
12 and federal laws to children requiring services and
13 education in those areas;
14 10. To employ non-teaching personnel or utilize
15 volunteer personnel for: (i) non-teaching duties not
16 requiring instructional judgment or evaluation of pupils,
17 including library duties; and (ii) supervising study
18 halls, long distance teaching reception areas used
19 incident to instructional programs transmitted by
20 electronic media such as computers, video, and audio,
21 detention and discipline areas, and school-sponsored
22 extracurricular activities. The board may further utilize
23 volunteer non-certificated personnel or employ
24 non-certificated personnel to assist in the instruction
25 of pupils under the immediate supervision of a teacher
26 holding a valid certificate, directly engaged in teaching
27 subject matter or conducting activities; provided that
28 the teacher shall be continuously aware of the
29 non-certificated persons' activities and shall be able to
30 control or modify them. The general superintendent shall
31 determine qualifications of such personnel and shall
32 prescribe rules for determining the duties and activities
33 to be assigned to such personnel;
34 11. To provide television studio facilities in not
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1 to exceed one school building and to provide programs for
2 educational purposes, provided, however, that the board
3 shall not construct, acquire, operate, or maintain a
4 television transmitter; to grant the use of its studio
5 facilities to a licensed television station located in
6 the school district; and to maintain and operate not to
7 exceed one school radio transmitting station and provide
8 programs for educational purposes;
9 12. To offer, if deemed appropriate, outdoor
10 education courses, including field trips within the State
11 of Illinois, or adjacent states, and to use school
12 educational funds for the expense of the said outdoor
13 educational programs, whether within the school district
14 or not;
15 13. During that period of the calendar year not
16 embraced within the regular school term, to provide and
17 conduct courses in subject matters normally embraced in
18 the program of the schools during the regular school term
19 and to give regular school credit for satisfactory
20 completion by the student of such courses as may be
21 approved for credit by the State Board of Education;
22 14. To insure against any loss or liability of the
23 board, the former School Board Nominating Commission,
24 Local School Councils, the Chicago Schools Academic
25 Accountability Council, or the former Subdistrict
26 Councils or of any member, officer, agent or employee
27 thereof, resulting from alleged violations of civil
28 rights arising from incidents occurring on or after
29 September 5, 1967 or from the wrongful or negligent act
30 or omission of any such person whether occurring within
31 or without the school premises, provided the officer,
32 agent or employee was, at the time of the alleged
33 violation of civil rights or wrongful act or omission,
34 acting within the scope of his employment or under
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1 direction of the board, the former School Board
2 Nominating Commission, the Chicago Schools Academic
3 Accountability Council, Local School Councils, or the
4 former Subdistrict Councils; and to provide for or
5 participate in insurance plans for its officers and
6 employees, including but not limited to retirement
7 annuities, medical, surgical and hospitalization benefits
8 in such types and amounts as may be determined by the
9 board; provided, however, that the board shall contract
10 for such insurance only with an insurance company
11 authorized to do business in this State. Such insurance
12 may include provision for employees who rely on treatment
13 by prayer or spiritual means alone for healing, in
14 accordance with the tenets and practice of a recognized
15 religious denomination;
16 15. To contract with the corporate authorities of
17 any municipality or the county board of any county, as
18 the case may be, to provide for the regulation of traffic
19 in parking areas of property used for school purposes, in
20 such manner as is provided by Section 11-209 of The
21 Illinois Vehicle Code, approved September 29, 1969, as
22 amended;
23 16. To provide, on an equal basis, access to the
24 school campus to the official recruiting representatives
25 of the armed forces of Illinois and the United States for
26 the purposes of informing students of the educational and
27 career opportunities available in the military if the
28 board has provided such access to persons or groups whose
29 purpose is to acquaint students with educational or
30 occupational opportunities available to them. The board
31 is not required to give greater notice regarding the
32 right of access to recruiting representatives than is
33 given to other persons and groups;
34 17. (a) To sell or market any computer program
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1 developed by an employee of the school district, provided
2 that such employee developed the computer program as a
3 direct result of his or her duties with the school
4 district or through the utilization of the school
5 district resources or facilities. The employee who
6 developed the computer program shall be entitled to share
7 in the proceeds of such sale or marketing of the computer
8 program. The distribution of such proceeds between the
9 employee and the school district shall be as agreed upon
10 by the employee and the school district, except that
11 neither the employee nor the school district may receive
12 more than 90% of such proceeds. The negotiation for an
13 employee who is represented by an exclusive bargaining
14 representative may be conducted by such bargaining
15 representative at the employee's request.
16 (b) For the purpose of this paragraph 17:
17 (1) "Computer" means an internally programmed,
18 general purpose digital device capable of
19 automatically accepting data, processing data and
20 supplying the results of the operation.
21 (2) "Computer program" means a series of coded
22 instructions or statements in a form acceptable to a
23 computer, which causes the computer to process data
24 in order to achieve a certain result.
25 (3) "Proceeds" means profits derived from
26 marketing or sale of a product after deducting the
27 expenses of developing and marketing such product;
28 18. To delegate to the general superintendent of
29 schools, by resolution, the authority to approve
30 contracts and expenditures in amounts of $10,000 or less;
31 19. Upon the written request of an employee, to
32 withhold from the compensation of that employee any dues,
33 payments or contributions payable by such employee to any
34 labor organization as defined in the Illinois Educational
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1 Labor Relations Act. Under such arrangement, an amount
2 shall be withheld from each regular payroll period which
3 is equal to the pro rata share of the annual dues plus
4 any payments or contributions, and the board shall
5 transmit such withholdings to the specified labor
6 organization within 10 working days from the time of the
7 withholding;
8 19a. Upon receipt of notice from the comptroller of
9 a municipality with a population of 500,000 or more that
10 a debt is due and owing the municipality by an employee
11 of the Chicago School Reform Board of Trustees, to
12 withhold, from the compensation of that employee, the
13 amount of the debt that is due and owing and pay the
14 amount withheld to the municipality; provided, however,
15 that the amount deducted from any one salary or wage
16 payment shall not exceed 25% of the net amount of the
17 payment. Before the Board deducts any amount from any
18 salary or wage of an employee under this paragraph, the
19 municipality shall certify that the employee has been
20 afforded an opportunity for a hearing to dispute the debt
21 that is due and owing the municipality. For purposes of
22 this paragraph, "net amount" means that part of the
23 salary or wage payment remaining after the deduction of
24 any amounts required by law to be deducted and "debt due
25 and owing" means (i) a specified sum of money owed to the
26 municipality for city services, work, or goods, after the
27 period granted for payment has expired, or (ii) a
28 specified sum of money owed to the municipality pursuant
29 to a court order or order of an administrative hearing
30 officer after the exhaustion of, or the failure to
31 exhaust, judicial review.
32 20. The board is encouraged to employ a sufficient
33 number of certified school counselors to maintain a
34 student/counselor ratio of 250 to 1 by July 1, 1990.
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1 Each counselor shall spend at least 75% of his work time
2 in direct contact with students and shall maintain a
3 record of such time;
4 21. To make available to students vocational and
5 career counseling and to establish 5 special career
6 counseling days for students and parents. On these days
7 representatives of local businesses and industries shall
8 be invited to the school campus and shall inform students
9 of career opportunities available to them in the various
10 businesses and industries. Special consideration shall
11 be given to counseling minority students as to career
12 opportunities available to them in various fields. For
13 the purposes of this paragraph, minority student means a
14 person who is:
15 (a) Black (a person having origins in any of
16 the black racial groups in Africa);
17 (b) Hispanic (a person of Spanish or
18 Portuguese culture with origins in Mexico, South or
19 Central America, or the Caribbean islands,
20 regardless of race);
21 (c) Asian American (a person having origins in
22 any of the original peoples of the Far East,
23 Southeast Asia, the Indian Subcontinent or the
24 Pacific Islands); or
25 (d) American Indian or Alaskan Native (a
26 person having origins in any of the original peoples
27 of North America).
28 Counseling days shall not be in lieu of regular
29 school days;
30 22. To report to the State Board of Education the
31 annual student dropout rate and number of students who
32 graduate from, transfer from or otherwise leave bilingual
33 programs;
34 23. Except as otherwise provided in the Abused and
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1 Neglected Child Reporting Act or other applicable State
2 or federal law, to permit school officials to withhold,
3 from any person, information on the whereabouts of any
4 child removed from school premises when the child has
5 been taken into protective custody as a victim of
6 suspected child abuse. School officials shall direct
7 such person to the Department of Children and Family
8 Services, or to the local law enforcement agency if
9 appropriate;
10 24. To develop a policy, based on the current state
11 of existing school facilities, projected enrollment and
12 efficient utilization of available resources, for capital
13 improvement of schools and school buildings within the
14 district, addressing in that policy both the relative
15 priority for major repairs, renovations and additions to
16 school facilities, and the advisability or necessity of
17 building new school facilities or closing existing
18 schools to meet current or projected demographic patterns
19 within the district;
20 25. To make available to the students in every high
21 school attendance center the ability to take all courses
22 necessary to comply with the Board of Higher Education's
23 college entrance criteria effective in 1993;
24 26. To encourage mid-career changes into the
25 teaching profession, whereby qualified professionals
26 become certified teachers, by allowing credit for
27 professional employment in related fields when
28 determining point of entry on teacher pay scale;
29 27. To provide or contract out training programs
30 for administrative personnel and principals with revised
31 or expanded duties pursuant to this Act in order to
32 assure they have the knowledge and skills to perform
33 their duties;
34 28. To establish a fund for the prioritized special
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1 needs programs, and to allocate such funds and other lump
2 sum amounts to each attendance center in a manner
3 consistent with the provisions of part 4 of Section
4 34-2.3. Nothing in this paragraph shall be construed to
5 require any additional appropriations of State funds for
6 this purpose;
7 29. (Blank);
8 30. Notwithstanding any other provision of this Act
9 or any other law to the contrary, to contract with third
10 parties for services otherwise performed by employees,
11 including those in a bargaining unit, and to layoff those
12 employees upon 14 days written notice to the affected
13 employees. Those contracts may be for a period not to
14 exceed 5 years and may be awarded on a system-wide basis;
15 31. To promulgate rules establishing procedures
16 governing the layoff or reduction in force of employees
17 and the recall of such employees, including, but not
18 limited to, criteria for such layoffs, reductions in
19 force or recall rights of such employees and the weight
20 to be given to any particular criterion. Such criteria
21 shall take into account factors including, but not be
22 limited to, qualifications, certifications, experience,
23 performance ratings or evaluations, and any other factors
24 relating to an employee's job performance; and
25 32. To develop a policy to prevent nepotism in the
26 hiring of personnel or the selection of contractors.
27 The specifications of the powers herein granted are not
28 to be construed as exclusive but the board shall also
29 exercise all other powers that they may be requisite or
30 proper for the maintenance and the development of a public
31 school system, not inconsistent with the other provisions of
32 this Article or provisions of this Code which apply to all
33 school districts.
34 In addition to the powers herein granted and authorized
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1 to be exercised by the board, it shall be the duty of the
2 board to review or to direct independent reviews of special
3 education expenditures and services. The board shall file a
4 report of such review with the General Assembly on or before
5 May 1, 1990.
6 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
7 89-626, eff. 8-9-96; 90-22, eff. 6-20-97.)
8 (105 ILCS 5/34-18.17 new)
9 Sec. 34-18.17. No pass-no play policy. The board of
10 education shall establish, implement, and enforce a uniform
11 and consistent policy under which a student in any of grades
12 9 through 12 who fails to maintain a specified minimum grade
13 point average or a specified minimum grade in each course in
14 which the student is enrolled or both is suspended from
15 further participation in any school-sponsored or
16 school-supported athletic or extracurricular activities for a
17 specified period or until a specified minimum grade point
18 average or minimum grade or both are earned by the student.
19 The board of education shall adopt a policy as required by
20 this Section not later than one year after the effective date
21 of this amendatory Act of 1997 and shall concurrently file a
22 copy of that policy with the State Board of Education. After
23 the policy has been in effect for one year, and annually
24 thereafter, the board of education shall file a report with
25 the State Board of Education setting forth the number and
26 length of suspensions imposed under the policy during the
27 period covered by the report and any modifications made to
28 the policy since the last report filed by the district. If
29 the board of education already has a policy that is
30 consistent with the requirements of this Section in effect on
31 the effective date of this amendatory Act of 1997, it shall
32 file a copy of that policy with the State Board of Education
33 within 30 days after the effective date of this amendatory
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1 Act and shall file an annual report under this Section every
2 12 months thereafter.
3 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
4 Sec. 34-84. Appointments and promotions of teachers.
5 Appointments and promotions of teachers shall be made for
6 merit only, and after satisfactory service for a probationary
7 period of 3 years with respect to probationary employees
8 employed as full-time teachers in the public school system of
9 the district before July 1, 1998 and 4 years with respect to
10 probationary employees who are first employed as full-time
11 teachers in the public school system of the district on or
12 after July 1, 1998 (during which period the board may dismiss
13 or discharge any such probationary employee upon the
14 recommendation, accompanied by the written reasons therefor,
15 of the general superintendent of schools) appointments of
16 teachers shall become permanent, subject to removal for cause
17 in the manner provided by Section 34-85.
18 A probationary year shall consist of any full-time
19 employment under an initial or a standard teaching
20 certificate from a date before November 1 through the end of
21 the school year.
22 As used in this Article, "teachers" means and includes
23 all members of the teaching force excluding the general
24 superintendent and principals.
25 There shall be no reduction in teachers because of a
26 decrease in student membership or a change in subject
27 requirements within the attendance center organization after
28 the 20th day following the first day of the school year,
29 except that: (1) this provision shall not apply to
30 desegregation positions, special education positions, or any
31 other positions funded by State or federal categorical funds,
32 and (2) at attendance centers maintaining any of grades 9
33 through 12, there may be a second reduction in teachers on
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1 the first day of the second semester of the regular school
2 term because of a decrease in student membership or a change
3 in subject requirements within the attendance center
4 organization.
5 The school principal shall make the decision in selecting
6 teachers to fill new and vacant positions consistent with
7 Section 34-8.1.
8 (Source: P.A. 88-338; 88-511; 89-15, eff. 5-30-95.)
9 (105 ILCS 5/1C-3 rep.)
10 (105 ILCS 5/1C-4 rep.)
11 Section 5-25. The School Code is amended by repealing
12 Sections 1C-3 and 1C-4.
13 Section 5-30. The Illinois Educational Labor Relations
14 Act is amended by changing Section 13 as follows:
15 (115 ILCS 5/13) (from Ch. 48, par. 1713)
16 Sec. 13. Strikes.
17 (a) Notwithstanding the existence of any other provision
18 in this Act or other law, educational employees employed in
19 school districts organized under Article 34 of the School
20 Code shall not engage in a strike at any time during the 18
21 month period that commences on the effective date of this
22 amendatory Act of 1995. An educational employee employed in
23 a school district organized under Article 34 of the School
24 Code who participates in a strike in violation of this
25 Section is subject to discipline by the employer. In
26 addition, no educational employer organized under Article 34
27 of the School Code may pay or cause to be paid to an
28 educational employee who participates in a strike in
29 violation of this subsection any wages or other compensation
30 for any period during which an educational employee
31 participates in the strike, except for wages or compensation
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1 earned before participation in the strike. Notwithstanding
2 the existence of any other provision in this Act or other
3 law, during the 18-month period that strikes are prohibited
4 under this subsection nothing in this subsection shall be
5 construed to require an educational employer to submit to a
6 binding dispute resolution process.
7 (b) Notwithstanding the existence of any other provision
8 in this Act or any other law, educational employees other
9 than those employed in a school district organized under
10 Article 34 of the School Code and, after the expiration of
11 the 18 month period that commences on the effective date of
12 this amendatory Act of 1995, educational employees in a
13 school district organized under Article 34 of the School Code
14 shall not engage in a strike except under the following
15 conditions:
16 (1) they are represented by an exclusive
17 bargaining representative;
18 (2) mediation has been used without success;
19 (3) at least 10 5 days have elapsed after a notice
20 of intent to strike has been given by the exclusive
21 bargaining representative to the educational employer,
22 the regional superintendent and the Illinois Educational
23 Labor Relations Board.
24 (4) the collective bargaining agreement between
25 the educational employer and educational employees, if
26 any, has expired; and
27 (5) the employer and the exclusive bargaining
28 representative have not mutually submitted the unresolved
29 issues to arbitration.
30 If, however, in the opinion of an employer the strike is
31 or has become a clear and present danger to the health or
32 safety of the public, the employer may initiate in the
33 circuit court of the county in which such danger exists an
34 action for relief which may include, but is not limited to,
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1 injunction. The court may grant appropriate relief upon the
2 finding that such clear and present danger exists. An unfair
3 practice or other evidence of lack of clean hands by the
4 educational employer is a defense to such action. Except as
5 provided for in this paragraph, the jurisdiction of the court
6 under this Section is limited by the Labor Dispute Act.
7 (Source: P.A. 89-15, eff. 5-30-95.)
8 ARTICLE 10.
9 Section 10-1. Short title. This Article may be cited as
10 the Comprehensive Property Tax Study Commission Law.
11 Section 10-5. Creation. There is created the
12 Comprehensive Property Tax Study Commission consisting of 8
13 members as follows: 2 members of the Senate, one each to be
14 appointed by the President and Minority Leader of the
15 Senate; 2 members of the House of Representatives, one each
16 to be appointed by the Speaker and Minority Leader of the
17 House; and 4 members to be appointed by the Governor, one
18 who is a member of the business community, one who is a
19 member of the education community, one who is a member of the
20 corporate authority of a unit of local government other than
21 a school district, and one who shall be chosen at large.
22 The Commission shall select from its membership a chairman
23 and such other officers as it considers necessary. Members
24 of the Commission shall serve without compensation but shall
25 be reimbursed for actual expenses incurred in the
26 performance of their duties.
27 Section 10-10. Purpose of Commission. The Commission
28 shall study the complicated issues surrounding the reliance
29 on local property tax revenues to fund the schools in the
30 State. The study shall take into account the following
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1 factors:
2 (1) The need for equal treatment of taxpayers;
3 (2) The large number of taxing districts;
4 (3) The need to mitigate (not enlarge) the
5 substantial burden on Cook County business and its
6 adverse effect on the long-term school tax base; and
7 (4) The need to expand tax caps beyond their
8 present geographic limits to protect the property
9 taxpayer from losing the benefit of any tax reductions.
10 The Commission shall report to the Governor and the
11 General Assembly on or before November 15, 1998 its
12 findings, recommendations, and proposed legislation.
13 ARTICLE 90.
14 Section 90-5. No acceleration or delay. Where this Act
15 makes changes in a statute that is represented in this Act by
16 text that is not yet or no longer in effect (for example, a
17 Section represented by multiple versions), the use of that
18 text does not accelerate or delay the taking effect of (i)
19 the changes made by this Act or (ii) provisions derived from
20 any other Public Act.
21 ARTICLE 95.
22 Section 95-5. Severability. If any provision of this
23 amendatory Act of 1997 or its application to any person or
24 circumstances is held invalid, the invalidity of that
25 provision or application does not affect other provisions or
26 applications of this amendatory Act that can be given effect
27 without the invalid provision or application.
28 ARTICLE 99.
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1 Section 99-5. Effective date. This Act takes effect upon
2 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 20 ILCS 3105/1A-3 from Ch. 127, par. 783.3
5 20 ILCS 3105/1A-5 from Ch. 127, par. 783.5
6 20 ILCS 3105/1A-5.1 from Ch. 127, par. 783.5-1
7 30 ILCS 330/2 from Ch. 127, par. 652
8 30 ILCS 330/5 from Ch. 127, par. 655
9 35 ILCS 630/3 from Ch. 120, par. 2003
10 35 ILCS 630/4 from Ch. 120, par. 2004
11 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2
12 105 ILCS 5/1B-8 from Ch. 122, par. 1B-8
13 105 ILCS 5/1C-2
14 105 ILCS 5/2-3.51.5
15 105 ILCS 5/2-3.64 from Ch. 122, par. 2-3.64
16 105 ILCS 5/2-3.117a new
17 105 ILCS 5/7-11 from Ch. 122, par. 7-11
18 105 ILCS 5/10-20.9a from Ch. 122, par. 10-20.9a
19 105 ILCS 5/10-20.30 new
20 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
21 105 ILCS 5/10-22.20 from Ch. 122, par. 10-22.20
22 105 ILCS 5/10-22.23 from Ch. 122, par. 10-22.23
23 105 ILCS 5/10-22.23a from Ch. 122, par. 10-22.23a
24 105 ILCS 5/10-22.33B
25 105 ILCS 5/10-22.34c new
26 105 ILCS 5/10-23.5 from Ch. 122, par. 10-23.5
27 105 ILCS 5/10-23.8 from Ch. 122, par. 10-23.8
28 105 ILCS 5/10-23.8a from Ch. 122, par. 10-23.8a
29 105 ILCS 5/18-4.3 from Ch. 122, par. 18-4.3
30 105 ILCS 5/18-8 from Ch. 122, par. 18-8
31 105 ILCS 5/18-8.05 new
32 105 ILCS 5/18-8.2 from Ch. 122, par. 18-8.2
33 105 ILCS 5/18-8.4 from Ch. 122, par. 18-8.4
34 105 ILCS 5/21-1a from Ch. 122, par. 21-1a
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1 105 ILCS 5/21-2 from Ch. 122, par. 21-2
2 105 ILCS 5/21-2.1 from Ch. 122, par. 21-2.1
3 105 ILCS 5/21-2a from Ch. 122, par. 21-2a
4 105 ILCS 5/21-3 from Ch. 122, par. 21-3
5 105 ILCS 5/21-4 from Ch. 122, par. 21-4
6 105 ILCS 5/21-5 from Ch. 122, par. 21-5
7 105 ILCS 5/21-5a from Ch. 122, par. 21-5a
8 105 ILCS 5/21-5b
9 105 ILCS 5/21-5c new
10 105 ILCS 5/21-5d new
11 105 ILCS 5/21-10 from Ch. 122, par. 21-10
12 105 ILCS 5/21-11.1 from Ch. 122, par. 21-11.1
13 105 ILCS 5/21-11.3 from Ch. 122, par. 21-11.3
14 105 ILCS 5/21-11.4
15 105 ILCS 5/21-14 from Ch. 122, par. 21-14
16 105 ILCS 5/24-11 from Ch. 122, par. 24-11
17 105 ILCS 5/24-12 from Ch. 122, par. 24-12
18 105 ILCS 5/27-23.6 new
19 105 ILCS 5/27A-2
20 105 ILCS 5/27A-7
21 105 ILCS 5/27A-8
22 105 ILCS 5/27A-9
23 105 ILCS 5/27A-11
24 105 ILCS 5/29-5 from Ch. 122, par. 29-5
25 105 ILCS 5/34-8.4
26 105 ILCS 5/34-18 from Ch. 122, par. 34-18
27 105 ILCS 5/34-18.17 new
28 105 ILCS 5/34-84 from Ch. 122, par. 34-84
29 105 ILCS 5/1C-3 rep.
30 105 ILCS 5/1C-4 rep.
31 115 ILCS 5/13 from Ch. 48, par. 1713
32 New Act