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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| ||||||||||||||||||||||||
| 4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||
| 5 | 2-3.155, 14-7.03, 18-3, 18-8.15, 28-1, 28-4, 28-7, 28-8, 28-9, | ||||||||||||||||||||||||
| 6 | and 28-21 as follows:
| ||||||||||||||||||||||||
| 7 | (105 ILCS 5/2-3.155) | ||||||||||||||||||||||||
| 8 | Sec. 2-3.155. Textbook block grant program. | ||||||||||||||||||||||||
| 9 | (a) The provisions of this Section are in the public | ||||||||||||||||||||||||
| 10 | interest, for the public benefit, and serve secular public | ||||||||||||||||||||||||
| 11 | purposes. | ||||||||||||||||||||||||
| 12 | (b) As used in this Section, "textbook" means any book or | ||||||||||||||||||||||||
| 13 | book substitute that a pupil uses as a text or text substitute, | ||||||||||||||||||||||||
| 14 | including electronic textbooks. "Textbook" includes books, | ||||||||||||||||||||||||
| 15 | reusable workbooks, manuals, whether bound or in loose-leaf | ||||||||||||||||||||||||
| 16 | form, instructional computer software, and electronic | ||||||||||||||||||||||||
| 17 | textbooks and the technological equipment necessary to gain | ||||||||||||||||||||||||
| 18 | access to and use electronic textbooks intended as a principal | ||||||||||||||||||||||||
| 19 | source of study material for a given class or group of | ||||||||||||||||||||||||
| 20 | students. "Textbook" also includes science curriculum | ||||||||||||||||||||||||
| 21 | materials in a kit format that includes pre-packaged consumable | ||||||||||||||||||||||||
| 22 | materials if (i) it is shown that the materials serve as a | ||||||||||||||||||||||||
| 23 | textbook substitute, (ii) the materials are for use by the | ||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | pupils as a principal learning source, (iii) each component of | ||||||
| 2 | the materials is integrally necessary to teach the requirements | ||||||
| 3 | of the intended course, (iv) the kit includes teacher guidance | ||||||
| 4 | materials, and (v) the purchase of individual consumable | ||||||
| 5 | materials is not allowed. | ||||||
| 6 | (c) Subject Beginning July 1, 2011, subject to annual | ||||||
| 7 | appropriation by the General Assembly, the State Board of | ||||||
| 8 | Education is authorized to provide annual funding to public | ||||||
| 9 | school districts and State-recognized, non-public schools | ||||||
| 10 | serving students in grades kindergarten through 12 for the | ||||||
| 11 | purchase of selected textbooks. The textbooks authorized to be | ||||||
| 12 | purchased under this Section are limited without exception to | ||||||
| 13 | textbooks that have been preapproved and designated by the | ||||||
| 14 | State Board of Education for use in any public school and that | ||||||
| 15 | are secular, non-religious, and non-sectarian. The State Board | ||||||
| 16 | of Education shall annually publish a list of the textbooks | ||||||
| 17 | authorized to be purchased under this Section. Each public | ||||||
| 18 | school district and State-recognized, non-public school shall, | ||||||
| 19 | subject to appropriations for that purpose, receive a per pupil | ||||||
| 20 | grant for the purchase of secular textbooks. The per pupil | ||||||
| 21 | grant amount must be calculated by the State Board of Education | ||||||
| 22 | utilizing the total appropriation
made for these purposes | ||||||
| 23 | divided by the most current student
enrollment data available. | ||||||
| 24 | (d) The State Board of Education may adopt rules as | ||||||
| 25 | necessary for the implementation of this Section and to ensure | ||||||
| 26 | the religious neutrality of the textbook block grant program, | ||||||
| |||||||
| |||||||
| 1 | as well as provide for the monitoring of all textbooks | ||||||
| 2 | authorized in this Section to be purchased directly by | ||||||
| 3 | State-recognized, nonpublic schools serving students in grades | ||||||
| 4 | kindergarten through 12.
| ||||||
| 5 | (Source: P.A. 97-570, eff. 8-25-11; 97-813, eff. 7-13-12.)
| ||||||
| 6 | (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| ||||||
| 7 | Sec. 14-7.03. Special education classes Education Classes | ||||||
| 8 | for children Children from orphanages Orphanages,
foster | ||||||
| 9 | family homes, children's homes Foster Family Homes, Children's | ||||||
| 10 | Homes, or in State residential units Housing Units. If a
school | ||||||
| 11 | district maintains special education classes on the site of
| ||||||
| 12 | orphanages and children's homes, or if children from the | ||||||
| 13 | orphanages,
children's homes, foster family homes, other State | ||||||
| 14 | agencies, or State
residential units for children attend | ||||||
| 15 | classes for children with disabilities
in which the school | ||||||
| 16 | district is a participating member of a joint
agreement, or if | ||||||
| 17 | the children from the orphanages, children's homes,
foster | ||||||
| 18 | family homes, other State agencies, or State residential units
| ||||||
| 19 | attend classes for the children with disabilities maintained by | ||||||
| 20 | the school
district, then reimbursement shall be paid to | ||||||
| 21 | eligible districts in
accordance with the provisions of this | ||||||
| 22 | Section by the Comptroller as directed
by the State | ||||||
| 23 | Superintendent of Education.
| ||||||
| 24 | The amount of tuition for such children shall be determined | ||||||
| 25 | by the
actual cost of maintaining such classes, using the per | ||||||
| |||||||
| |||||||
| 1 | capita cost formula
set forth in Section 14-7.01, such program | ||||||
| 2 | and cost to be pre-approved by
the State Superintendent of | ||||||
| 3 | Education.
| ||||||
| 4 | If a school district makes a claim for reimbursement under | ||||||
| 5 | Section
18-3 or 18-4 of this Code Act it shall not include in | ||||||
| 6 | any claim filed under
this Section a claim for such children. | ||||||
| 7 | Payments authorized by law,
including State or federal grants | ||||||
| 8 | for education of children included in
this Section, shall be | ||||||
| 9 | deducted in determining the tuition amount.
| ||||||
| 10 | Nothing in this Code Act shall be construed so as to | ||||||
| 11 | prohibit
reimbursement for the tuition of children placed in | ||||||
| 12 | for profit facilities.
Private facilities shall provide | ||||||
| 13 | adequate space at the
facility for special education classes | ||||||
| 14 | provided by a school district or
joint agreement for children | ||||||
| 15 | with disabilities who are
residents of the
facility at no cost | ||||||
| 16 | to the school district or joint agreement upon
request of the | ||||||
| 17 | school district or joint agreement. If such a private
facility | ||||||
| 18 | provides space at no cost to the district or joint agreement
| ||||||
| 19 | for special education classes provided to children with
| ||||||
| 20 | disabilities who are
residents of the facility, the district or | ||||||
| 21 | joint agreement shall not
include any costs for the use of | ||||||
| 22 | those facilities in its claim for
reimbursement.
| ||||||
| 23 | Reimbursement for tuition may include the cost of providing | ||||||
| 24 | summer
school programs for children with severe and profound | ||||||
| 25 | disabilities served
under this Section. Claims for that | ||||||
| 26 | reimbursement shall be filed by
November 1 and shall be paid on | ||||||
| |||||||
| |||||||
| 1 | or before December 15 from
appropriations made for the purposes | ||||||
| 2 | of this Section.
| ||||||
| 3 | The State Board of Education shall establish such rules and
| ||||||
| 4 | regulations as may be necessary to implement the provisions of | ||||||
| 5 | this
Section.
| ||||||
| 6 | Claims filed on behalf of programs operated under this | ||||||
| 7 | Section housed in an orphanage, children's home, private | ||||||
| 8 | facility, State residential unit, district or joint agreement | ||||||
| 9 | site, a
jail, detention center, or county-owned shelter care | ||||||
| 10 | facility
shall be on an individual student basis only for
| ||||||
| 11 | eligible students with disabilities. These claims shall be in | ||||||
| 12 | accordance with
applicable rules.
| ||||||
| 13 | Each district claiming reimbursement for a program | ||||||
| 14 | operated as a group
program shall have an approved budget on | ||||||
| 15 | file with the State Board of
Education prior to the initiation | ||||||
| 16 | of the program's operation. On September
30, December 31, and | ||||||
| 17 | March 31, the State Board of Education shall voucher
payments | ||||||
| 18 | to group programs based upon the approved budget during the | ||||||
| 19 | year
of operation. Final claims for group payments shall be | ||||||
| 20 | filed on or before
July 15. Final claims for group programs | ||||||
| 21 | received at the State
Board of
Education on or before June 15 | ||||||
| 22 | shall be vouchered by June 30. Final claims
received at the | ||||||
| 23 | State Board of Education between June 16 and July 15
shall be | ||||||
| 24 | vouchered by August 30. Claims for group programs
received
| ||||||
| 25 | after July 15 shall not be honored.
| ||||||
| 26 | Each district claiming reimbursement for individual | ||||||
| |||||||
| |||||||
| 1 | students shall have the
eligibility of those students verified | ||||||
| 2 | by the State Board of Education. On
September 30, December 31, | ||||||
| 3 | and March 31, the State Board of Education shall
voucher | ||||||
| 4 | payments for individual students based upon an estimated cost
| ||||||
| 5 | calculated from the prior year's claim. Final claims for | ||||||
| 6 | individual students
for the regular school term must be | ||||||
| 7 | received at the State Board of Education by June
July 15. | ||||||
| 8 | Claims for individual students received after June July 15 | ||||||
| 9 | shall not
be honored. Claims received by June 15 may be amended | ||||||
| 10 | until August 1. Final claims for individual students shall be | ||||||
| 11 | vouchered by
August 31 30.
However, notwithstanding any other | ||||||
| 12 | provisions of this Section or this Code, if the amount | ||||||
| 13 | appropriated for any fiscal year is less than the amount | ||||||
| 14 | required for purposes of this Section, the amount required to | ||||||
| 15 | eliminate any insufficient reimbursement for each district | ||||||
| 16 | claim under this Section shall be reimbursed on August 31 of | ||||||
| 17 | the next fiscal year. Payments required to eliminate any | ||||||
| 18 | insufficiency for prior fiscal year claims shall be made before | ||||||
| 19 | any claims are paid for the current fiscal year.
| ||||||
| 20 | Reimbursement shall be made based upon approved group | ||||||
| 21 | programs or
individual students. The State Superintendent of | ||||||
| 22 | Education shall direct the
Comptroller to pay a specified | ||||||
| 23 | amount to the district by the 30th day of
September, December, | ||||||
| 24 | March, June, or August, respectively. However,
notwithstanding | ||||||
| 25 | any other provisions of this Section or the School Code,
| ||||||
| 26 | beginning with fiscal year 1994 and each fiscal year | ||||||
| |||||||
| |||||||
| 1 | thereafter, if the amount appropriated for any fiscal year
is | ||||||
| 2 | less than the amount required for purposes of this Section, the | ||||||
| 3 | amount
required to eliminate any insufficient reimbursement | ||||||
| 4 | for each district claim
under this Section shall be reimbursed | ||||||
| 5 | on August 30 of the next fiscal
year. Payments required to | ||||||
| 6 | eliminate any insufficiency for prior
fiscal year claims shall | ||||||
| 7 | be made before any claims are paid for the current
fiscal year.
| ||||||
| 8 | The claim of a school district otherwise eligible to be | ||||||
| 9 | reimbursed in
accordance with Section 14-12.01 for the 1976-77 | ||||||
| 10 | school year but for
this amendatory Act of 1977 shall not be | ||||||
| 11 | paid unless the district ceases
to maintain such classes for | ||||||
| 12 | one entire school year.
| ||||||
| 13 | If a school district's current reimbursement payment for | ||||||
| 14 | the 1977-78
school year only is less than the prior year's | ||||||
| 15 | reimbursement payment
owed, the district shall be paid the | ||||||
| 16 | amount of the difference between
the payments in addition to | ||||||
| 17 | the current reimbursement payment, and the
amount so paid shall | ||||||
| 18 | be subtracted from the amount of prior year's
reimbursement | ||||||
| 19 | payment owed to the district.
| ||||||
| 20 | Regional superintendents may operate special education | ||||||
| 21 | classes for
children from orphanages, foster family homes, | ||||||
| 22 | children's homes, or State residential
housing units located | ||||||
| 23 | within the educational services region upon consent
of the | ||||||
| 24 | school board otherwise so obligated. In electing to assume the
| ||||||
| 25 | powers and duties of a school district in providing and | ||||||
| 26 | maintaining such a
special education program, the regional | ||||||
| |||||||
| |||||||
| 1 | superintendent may enter into joint
agreements with other | ||||||
| 2 | districts and may contract with public or private
schools or | ||||||
| 3 | the orphanage, foster family home, children's home, or State | ||||||
| 4 | residential
housing unit for provision of the special education | ||||||
| 5 | program. The regional
superintendent exercising the powers | ||||||
| 6 | granted under this Section shall be reimbursed for the actual | ||||||
| 7 | cost of providing such programs by the resident district as | ||||||
| 8 | defined in Section 14-1.11a claim
the reimbursement authorized | ||||||
| 9 | by this Section directly from the State Board
of Education.
| ||||||
| 10 | Any child who is not a resident of Illinois who is placed | ||||||
| 11 | in a child
welfare institution, private facility, foster family | ||||||
| 12 | home, State operated
program, orphanage, or children's home | ||||||
| 13 | shall have the payment for his
educational tuition and any | ||||||
| 14 | related services assured by the placing agent.
| ||||||
| 15 | For each student with a disability who is placed in a | ||||||
| 16 | residential facility by an Illinois public
agency or by any | ||||||
| 17 | court in this State, the costs for educating the student
are | ||||||
| 18 | eligible for reimbursement under this Section.
| ||||||
| 19 | The district of residence of the student with a disability | ||||||
| 20 | as
defined in Section 14-1.11a is responsible for the actual | ||||||
| 21 | costs of
the student's special education program and is | ||||||
| 22 | eligible for reimbursement under
this Section when placement is | ||||||
| 23 | made by a State agency or the courts.
| ||||||
| 24 | When a dispute arises over the determination of the | ||||||
| 25 | district of
residence under this Section, the district or | ||||||
| 26 | districts may appeal the decision in writing to
the State | ||||||
| |||||||
| |||||||
| 1 | Superintendent of Education, who, upon review of materials | ||||||
| 2 | submitted and any other items or information he or she may | ||||||
| 3 | request for submission, shall issue a written decision on the | ||||||
| 4 | matter. The decision of the State
Superintendent of Education | ||||||
| 5 | shall be final.
| ||||||
| 6 | In the event a district does not make a tuition
payment to | ||||||
| 7 | another district that is providing the special education
| ||||||
| 8 | program and services, the State Board of Education shall | ||||||
| 9 | immediately
withhold 125% of
the then remaining annual tuition | ||||||
| 10 | cost from the State aid or categorical
aid payment due to the
| ||||||
| 11 | school district that is determined to be the resident school | ||||||
| 12 | district. All
funds withheld by the State Board of Education | ||||||
| 13 | shall immediately be
forwarded to the
school district where the | ||||||
| 14 | student is being served.
| ||||||
| 15 | When a child eligible for services under this Section | ||||||
| 16 | 14-7.03 must be
placed in a nonpublic facility, that facility | ||||||
| 17 | shall meet the programmatic
requirements of Section 14-7.02 and | ||||||
| 18 | its regulations, and the educational
services shall be funded | ||||||
| 19 | only in accordance with this Section 14-7.03.
| ||||||
| 20 | (Source: P.A. 98-739, eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
| 21 | (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
| ||||||
| 22 | Sec. 18-3. Tuition of children from orphanages and | ||||||
| 23 | children's homes.
When the children from any home for orphans, | ||||||
| 24 | dependent, abandoned or
maladjusted children maintained by any | ||||||
| 25 | organization or association
admitting to such home children | ||||||
| |||||||
| |||||||
| 1 | from the State in general or when children
residing in a school | ||||||
| 2 | district wherein the State of Illinois maintains and
operates | ||||||
| 3 | any welfare or penal institution on property owned by
the State | ||||||
| 4 | of Illinois, which contains houses, housing units or housing
| ||||||
| 5 | accommodations within a school district, attend grades | ||||||
| 6 | kindergarten through
12 of the public schools maintained by | ||||||
| 7 | that school district, the
State Superintendent of Education | ||||||
| 8 | shall direct the State Comptroller to
pay a specified amount | ||||||
| 9 | sufficient to pay the annual tuition cost of such
children who | ||||||
| 10 | attended such public schools during the regular school year
| ||||||
| 11 | ending on June 30. The
Comptroller shall pay the amount after | ||||||
| 12 | receipt of a voucher
submitted by the State Superintendent of | ||||||
| 13 | Education.
| ||||||
| 14 | The amount of the tuition for such children attending the | ||||||
| 15 | public schools
of the district shall be determined by the State | ||||||
| 16 | Superintendent of
Education by multiplying the number of such | ||||||
| 17 | children in average daily
attendance in such schools by 1.2 | ||||||
| 18 | times the total annual per capita cost of
administering the | ||||||
| 19 | schools of the district. Such total annual per capita
cost | ||||||
| 20 | shall be determined by totaling all expenses of the school | ||||||
| 21 | district in
the educational, operations and maintenance, bond | ||||||
| 22 | and interest,
transportation, Illinois municipal retirement, | ||||||
| 23 | and rent funds for the
school year preceding the filing of such | ||||||
| 24 | tuition claims less expenditures
not applicable to the regular | ||||||
| 25 | K-12 program, less offsetting revenues from
State sources | ||||||
| 26 | except those from the common school fund, less offsetting
| ||||||
| |||||||
| |||||||
| 1 | revenues from federal sources except those from federal | ||||||
| 2 | impaction aid, less
student and community service revenues, | ||||||
| 3 | plus a depreciation allowance; and
dividing such total by the | ||||||
| 4 | average daily attendance for the year.
| ||||||
| 5 | Annually on or before June July 15 the superintendent of | ||||||
| 6 | the district shall certify to the State Superintendent of | ||||||
| 7 | Education the following:
| ||||||
| 8 | 1. The name of the home and of the organization or | ||||||
| 9 | association
maintaining it; or the legal description of the | ||||||
| 10 | real estate upon which the
house, housing units, or housing | ||||||
| 11 | accommodations are located and that no
taxes or service | ||||||
| 12 | charges or other payments authorized by law to be made in
| ||||||
| 13 | lieu of taxes were collected therefrom or on account | ||||||
| 14 | thereof during either
of the calendar years included in the | ||||||
| 15 | school year for which claim is being
made;
| ||||||
| 16 | 2. The number of children from the home or living in | ||||||
| 17 | such houses,
housing units or housing accommodations and | ||||||
| 18 | attending the schools of the
district;
| ||||||
| 19 | 3. The total number of children attending the schools | ||||||
| 20 | of the district;
| ||||||
| 21 | 4. The per capita tuition charge of the district; and
| ||||||
| 22 | 5. The computed amount of the tuition payment claimed | ||||||
| 23 | as due.
| ||||||
| 24 | Whenever the persons in charge of such home for orphans, | ||||||
| 25 | dependent, abandoned
or maladjusted children have received | ||||||
| 26 | from the parent or guardian of any such
child or by virtue of | ||||||
| |||||||
| |||||||
| 1 | an order of court a specific allowance for educating
such | ||||||
| 2 | child, such persons shall pay to the school board in the | ||||||
| 3 | district
where the child attends school such amount of the | ||||||
| 4 | allowance as is necessary
to pay the tuition required by such | ||||||
| 5 | district for the education of the
child. If the allowance is | ||||||
| 6 | insufficient to pay the tuition in full the
State | ||||||
| 7 | Superintendent of Education shall direct the Comptroller to pay | ||||||
| 8 | to
the district the difference between the total tuition | ||||||
| 9 | charged and the
amount of the allowance.
| ||||||
| 10 | Whenever the facilities of a school district in which such | ||||||
| 11 | house,
housing units or housing accommodations are located, are | ||||||
| 12 | limited, pupils
may be assigned by that district to the schools | ||||||
| 13 | of any adjacent district to
the limit of the facilities of the | ||||||
| 14 | adjacent district to properly educate
such pupils as shall be | ||||||
| 15 | determined by the school board of the adjacent
district, and | ||||||
| 16 | the State Superintendent of Education shall direct the
| ||||||
| 17 | Comptroller to pay a specified amount sufficient to pay the | ||||||
| 18 | annual tuition
of the children so assigned to and attending | ||||||
| 19 | public schools in the adjacent
districts and the Comptroller | ||||||
| 20 | shall draw his warrant upon the State
Treasurer for the payment | ||||||
| 21 | of such amount for the benefit of the adjacent
school districts | ||||||
| 22 | in the same manner as for districts in which the houses,
| ||||||
| 23 | housing units or housing accommodations are located.
| ||||||
| 24 | The school district shall certify to the State | ||||||
| 25 | Superintendent of Education
the report of claims due for such | ||||||
| 26 | tuition payments on or before
July 15. The
State Superintendent | ||||||
| |||||||
| |||||||
| 1 | of Education shall direct the Comptroller to pay to the
| ||||||
| 2 | district, on or before August 15, the amount due the district | ||||||
| 3 | for the school
year in accordance with the calculation of the | ||||||
| 4 | claim as set forth in this
Section.
| ||||||
| 5 | Summer session costs shall be reimbursed based on the | ||||||
| 6 | actual expenditures for providing these services. On or before | ||||||
| 7 | November 1 of each year, the superintendent of each eligible | ||||||
| 8 | school district shall certify to the State Superintendent of | ||||||
| 9 | Education the claim of the district for the summer session | ||||||
| 10 | following the regular school year just ended. The State | ||||||
| 11 | Superintendent of Education shall transmit to the Comptroller | ||||||
| 12 | no later than December 15th of each year vouchers for payment | ||||||
| 13 | of amounts due to school districts for summer session. | ||||||
| 14 | Claims for tuition for children from any home for orphans | ||||||
| 15 | or dependent,
abandoned, or maladjusted children beginning | ||||||
| 16 | with the 1993-1994 school year
shall be paid on a current year | ||||||
| 17 | basis. On September 30, December 31, and
March 31, the State | ||||||
| 18 | Board of Education shall voucher payments for districts
with | ||||||
| 19 | those students based on an estimated cost calculated from the | ||||||
| 20 | prior
year's claim. The school district shall certify to the | ||||||
| 21 | State Superintendent of Education the report of claims due for | ||||||
| 22 | such tuition payments on or before June 15. Claims received by | ||||||
| 23 | June 15 may be amended until August 1. The State Superintendent | ||||||
| 24 | of Education shall direct the State Comptroller to pay to the | ||||||
| 25 | district, on or before August 31, the amount due for the | ||||||
| 26 | district for the school year in accordance with the calculation | ||||||
| |||||||
| |||||||
| 1 | of the claim as set forth in this Section. Final claims for | ||||||
| 2 | those students for the regular school term
must be received at | ||||||
| 3 | the State Board of Education by July 15
following the end of | ||||||
| 4 | the regular school year. Final claims for those students
shall | ||||||
| 5 | be vouchered by August 30. During fiscal year 1994 both the | ||||||
| 6 | 1992-1993
school year and the 1993-1994 school year shall be | ||||||
| 7 | paid in order to change the
cycle of payment from a | ||||||
| 8 | reimbursement basis to a current year funding basis of
payment. | ||||||
| 9 | However, notwithstanding any other provisions of this Section | ||||||
| 10 | or the
School Code, beginning with fiscal year 1994 and each | ||||||
| 11 | fiscal year thereafter, if the amount appropriated for any | ||||||
| 12 | fiscal year is
less than the amount required for purposes of | ||||||
| 13 | this Section, the amount required
to eliminate any insufficient | ||||||
| 14 | reimbursement for each district claim under this
Section shall | ||||||
| 15 | be reimbursed on August 31 30 of the next fiscal year. Payments | ||||||
| 16 | required to eliminate any insufficiency for prior fiscal
year | ||||||
| 17 | claims shall be made before any claims are paid for the current | ||||||
| 18 | fiscal
year.
| ||||||
| 19 | If a school district makes a claim for reimbursement under | ||||||
| 20 | Section 14-7.03 it shall not include in any claim filed under | ||||||
| 21 | this Section
children residing on the property of State | ||||||
| 22 | institutions included in its
claim under Section 14-7.03.
| ||||||
| 23 | Any child who is not a resident of Illinois who is placed | ||||||
| 24 | in a child
welfare institution, private facility, State | ||||||
| 25 | operated program, orphanage
or children's home shall have the | ||||||
| 26 | payment for his educational tuition and
any related services | ||||||
| |||||||
| |||||||
| 1 | assured by the placing agent.
| ||||||
| 2 | In order to provide services appropriate to allow a student | ||||||
| 3 | under the legal
guardianship or custodianship of the State to | ||||||
| 4 | participate in local school
district educational programs, | ||||||
| 5 | costs may be incurred in appropriate cases by
the
district that | ||||||
| 6 | are in excess of 1.2 times the district per capita tuition | ||||||
| 7 | charge
allowed under the provisions of this Section. In the | ||||||
| 8 | event such excess costs
are incurred, they must be documented | ||||||
| 9 | in accordance with cost rules established
under the authority | ||||||
| 10 | of this Section and may then be claimed for reimbursement
under | ||||||
| 11 | this Section.
| ||||||
| 12 | Planned services for students eligible for this funding | ||||||
| 13 | must be a
collaborative effort between the appropriate State | ||||||
| 14 | agency or the student's
group home or institution and the local | ||||||
| 15 | school district.
| ||||||
| 16 | (Source: P.A. 96-734, eff. 8-25-09; 97-256, eff. 1-1-12.)
| ||||||
| 17 | (105 ILCS 5/18-8.15) | ||||||
| 18 | Sec. 18-8.15. Evidence-based funding for student success | ||||||
| 19 | for the 2017-2018 and subsequent school years. | ||||||
| 20 | (a) General provisions. | ||||||
| 21 | (1) The purpose of this Section is to ensure that, by | ||||||
| 22 | June 30, 2027 and beyond, this State has a kindergarten | ||||||
| 23 | through grade 12 public education system with the capacity | ||||||
| 24 | to ensure the educational development of all persons to the | ||||||
| 25 | limits of their capacities in accordance with Section 1 of | ||||||
| |||||||
| |||||||
| 1 | Article X of the Constitution of the State of Illinois. To | ||||||
| 2 | accomplish that objective, this Section creates a method of | ||||||
| 3 | funding public education that is evidence-based; is | ||||||
| 4 | sufficient to ensure every student receives a meaningful | ||||||
| 5 | opportunity to learn irrespective of race, ethnicity, | ||||||
| 6 | sexual orientation, gender, or community-income level; and | ||||||
| 7 | is sustainable and predictable. When fully funded under | ||||||
| 8 | this Section, every school shall have the resources, based | ||||||
| 9 | on what the evidence indicates is needed, to: | ||||||
| 10 | (A) provide all students with a high quality | ||||||
| 11 | education that offers the academic, enrichment, social | ||||||
| 12 | and emotional support, technical, and career-focused | ||||||
| 13 | programs that will allow them to become competitive | ||||||
| 14 | workers, responsible parents, productive citizens of | ||||||
| 15 | this State, and active members of our national | ||||||
| 16 | democracy; | ||||||
| 17 | (B) ensure all students receive the education they | ||||||
| 18 | need to graduate from high school with the skills | ||||||
| 19 | required to pursue post-secondary education and | ||||||
| 20 | training for a rewarding career; | ||||||
| 21 | (C) reduce, with a goal of eliminating, the | ||||||
| 22 | achievement gap between at-risk and non-at-risk | ||||||
| 23 | students by raising the performance of at-risk | ||||||
| 24 | students and not by reducing standards; and | ||||||
| 25 | (D) ensure this State satisfies its obligation to | ||||||
| 26 | assume the primary responsibility to fund public | ||||||
| |||||||
| |||||||
| 1 | education and simultaneously relieve the | ||||||
| 2 | disproportionate burden placed on local property taxes | ||||||
| 3 | to fund schools. | ||||||
| 4 | (2) The evidence-based funding formula under this | ||||||
| 5 | Section shall be applied to all Organizational Units in | ||||||
| 6 | this State. The evidence-based funding formula outlined in | ||||||
| 7 | this Act is based on the formula outlined in Senate Bill 1 | ||||||
| 8 | of the 100th General Assembly, as passed by both | ||||||
| 9 | legislative chambers. As further defined and described in | ||||||
| 10 | this Section, there are 4 major components of the | ||||||
| 11 | evidence-based funding model: | ||||||
| 12 | (A) First, the model calculates a unique adequacy | ||||||
| 13 | target for each Organizational Unit in this State that | ||||||
| 14 | considers the costs to implement research-based | ||||||
| 15 | activities, the unit's student demographics, and | ||||||
| 16 | regional wage difference. | ||||||
| 17 | (B) Second, the model calculates each | ||||||
| 18 | Organizational Unit's local capacity, or the amount | ||||||
| 19 | each Organizational Unit is assumed to contribute | ||||||
| 20 | towards its adequacy target from local resources. | ||||||
| 21 | (C) Third, the model calculates how much funding | ||||||
| 22 | the State currently contributes to the Organizational | ||||||
| 23 | Unit, and adds that to the unit's local capacity to | ||||||
| 24 | determine the unit's overall current adequacy of | ||||||
| 25 | funding. | ||||||
| 26 | (D) Finally, the model's distribution method | ||||||
| |||||||
| |||||||
| 1 | allocates new State funding to those Organizational | ||||||
| 2 | Units that are least well-funded, considering both | ||||||
| 3 | local capacity and State funding, in relation to their | ||||||
| 4 | adequacy target. | ||||||
| 5 | (3) An Organizational Unit receiving any funding under | ||||||
| 6 | this Section may apply those funds to any fund so received | ||||||
| 7 | for which that Organizational Unit is authorized to make | ||||||
| 8 | expenditures by law. | ||||||
| 9 | (4) As used in this Section, the following terms shall | ||||||
| 10 | have the meanings ascribed in this paragraph (4): | ||||||
| 11 | "Adequacy Target" is defined in paragraph (1) of | ||||||
| 12 | subsection (b) of this Section. | ||||||
| 13 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
| 14 | subsection (d) of this Section. | ||||||
| 15 | "Adjusted Local Capacity Target" is defined in | ||||||
| 16 | paragraph (3) of subsection (c) of this Section. | ||||||
| 17 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
| 18 | Organizational Units, for which the State Superintendent | ||||||
| 19 | shall calculate and subtract for the Operating Tax Rate a | ||||||
| 20 | transportation rate based on total expenses for | ||||||
| 21 | transportation services under this Code, as reported on the | ||||||
| 22 | most recent Annual Financial Report in Pupil | ||||||
| 23 | Transportation Services, function 2550 in both the | ||||||
| 24 | Education and Transportation funds and functions 4110 and | ||||||
| 25 | 4120 in the Transportation fund, less any corresponding | ||||||
| 26 | fiscal year State of Illinois scheduled payments excluding | ||||||
| |||||||
| |||||||
| 1 | net adjustments for prior years for regular, vocational, or | ||||||
| 2 | special education transportation reimbursement pursuant to | ||||||
| 3 | Section 29-5 or subsection (b) of Section 14-13.01 of this | ||||||
| 4 | Code divided by the Adjusted EAV. If an Organizational | ||||||
| 5 | Unit's corresponding fiscal year State of Illinois | ||||||
| 6 | scheduled payments excluding net adjustments for prior | ||||||
| 7 | years for regular, vocational, or special education | ||||||
| 8 | transportation reimbursement pursuant to Section 29-5 or | ||||||
| 9 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
| 10 | total transportation expenses, as defined in this | ||||||
| 11 | paragraph, no transportation rate shall be subtracted from | ||||||
| 12 | the Operating Tax Rate. | ||||||
| 13 | "Allocation Rate" is defined in paragraph (3) of | ||||||
| 14 | subsection (g) of this Section. | ||||||
| 15 | "Alternative School" means a public school that is | ||||||
| 16 | created and operated by a regional superintendent of | ||||||
| 17 | schools and approved by the State Board. | ||||||
| 18 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
| 19 | subsection (d) of this Section. | ||||||
| 20 | "Assessment" means any of those benchmark, progress | ||||||
| 21 | monitoring, formative, diagnostic, and other assessments, | ||||||
| 22 | in addition to the State accountability assessment, that | ||||||
| 23 | assist teachers' needs in understanding the skills and | ||||||
| 24 | meeting the needs of the students they serve. | ||||||
| 25 | "Assistant principal" means a school administrator | ||||||
| 26 | duly endorsed to be employed as an assistant principal in | ||||||
| |||||||
| |||||||
| 1 | this State. | ||||||
| 2 | "At-risk student" means a student who is at risk of not | ||||||
| 3 | meeting the Illinois Learning Standards or not graduating | ||||||
| 4 | from elementary or high school and who demonstrates a need | ||||||
| 5 | for vocational support or social services beyond that | ||||||
| 6 | provided by the regular school program. All students | ||||||
| 7 | included in an Organizational Unit's Low-Income Count, as | ||||||
| 8 | well as all English learner and disabled students attending | ||||||
| 9 | the Organizational Unit, shall be considered at-risk | ||||||
| 10 | students under this Section. | ||||||
| 11 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
| 12 | 2018 means, for an Organizational Unit, the greater of the | ||||||
| 13 | average number of students (grades K through 12) reported | ||||||
| 14 | to the State Board as enrolled in the Organizational Unit | ||||||
| 15 | on October 1 in the immediately preceding school year, plus | ||||||
| 16 | the pre-kindergarten students who receive special | ||||||
| 17 | education services of 2 or more hours a day as reported to | ||||||
| 18 | the State Board on December 1 in the immediately preceding | ||||||
| 19 | school year, or the average number of students (grades K | ||||||
| 20 | through 12) reported to the State Board as enrolled in the | ||||||
| 21 | Organizational Unit on October 1, plus the | ||||||
| 22 | pre-kindergarten students who receive special education | ||||||
| 23 | services of 2 or more hours a day as reported to the State | ||||||
| 24 | Board on December 1, for each of the immediately preceding | ||||||
| 25 | 3 school years. For fiscal year 2019 and each subsequent | ||||||
| 26 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
| |||||||
| |||||||
| 1 | for an Organizational Unit, the greater of the average | ||||||
| 2 | number of students (grades K through 12) reported to the | ||||||
| 3 | State Board as enrolled in the Organizational Unit on | ||||||
| 4 | October 1 and March 1 in the immediately preceding school | ||||||
| 5 | year, plus the pre-kindergarten students who receive | ||||||
| 6 | special education services as reported to the State Board | ||||||
| 7 | on October 1 and March 1 in the immediately preceding | ||||||
| 8 | school year, or the average number of students (grades K | ||||||
| 9 | through 12) reported to the State Board as enrolled in the | ||||||
| 10 | Organizational Unit on October 1 and March 1, plus the | ||||||
| 11 | pre-kindergarten students who receive special education | ||||||
| 12 | services as reported to the State Board on October 1 and | ||||||
| 13 | March 1, for each of the immediately preceding 3 school | ||||||
| 14 | years. For the purposes of this definition, "enrolled in | ||||||
| 15 | the Organizational Unit" means the number of students | ||||||
| 16 | reported to the State Board who are enrolled in schools | ||||||
| 17 | within the Organizational Unit that the student attends or | ||||||
| 18 | would attend if not placed or transferred to another school | ||||||
| 19 | or program to receive needed services. For the purposes of | ||||||
| 20 | calculating "ASE", all students, grades K through 12, | ||||||
| 21 | excluding those attending kindergarten for a half day, | ||||||
| 22 | shall be counted as 1.0. All students attending | ||||||
| 23 | kindergarten for a half day shall be counted as 0.5, unless | ||||||
| 24 | in 2017 by June 15 or by March 1 in subsequent years, the | ||||||
| 25 | school district reports to the State Board of Education the | ||||||
| 26 | intent to implement full-day kindergarten district-wide | ||||||
| |||||||
| |||||||
| 1 | for all students, then all students attending kindergarten | ||||||
| 2 | shall be counted as 1.0. Special education | ||||||
| 3 | pre-kindergarten students shall be counted as 0.5 each. If | ||||||
| 4 | the State Board does not collect or has not collected both | ||||||
| 5 | an October 1 and March 1 enrollment count by grade or a | ||||||
| 6 | December 1 collection of special education | ||||||
| 7 | pre-kindergarten students as of the effective date of this | ||||||
| 8 | amendatory Act of the 100th General Assembly, it shall | ||||||
| 9 | establish such collection for all future years. For any | ||||||
| 10 | year where a count by grade level was collected only once, | ||||||
| 11 | that count shall be used as the single count available for | ||||||
| 12 | computing a 3-year average ASE. School districts shall | ||||||
| 13 | submit the data for the ASE calculation to the State Board | ||||||
| 14 | within 45 days of the dates required in this Section for | ||||||
| 15 | submission of enrollment data in order for it to be | ||||||
| 16 | included in the ASE calculation. For fiscal year 2018 only, | ||||||
| 17 | the ASE calculation shall include only enrollment taken on | ||||||
| 18 | October 1. | ||||||
| 19 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
| 20 | of subsection (g) of this Section. | ||||||
| 21 | "Base Funding Minimum" is defined in subsection (e) of | ||||||
| 22 | this Section. | ||||||
| 23 | "Base Tax Year" means the property tax levy year used | ||||||
| 24 | to calculate the Budget Year allocation of primary State | ||||||
| 25 | aid. | ||||||
| 26 | "Base Tax Year's Extension" means the product of the | ||||||
| |||||||
| |||||||
| 1 | equalized assessed valuation utilized by the county clerk | ||||||
| 2 | in the Base Tax Year multiplied by the limiting rate as | ||||||
| 3 | calculated by the county clerk and defined in PTELL. | ||||||
| 4 | "Bilingual Education Allocation" means the amount of | ||||||
| 5 | an Organizational Unit's final Adequacy Target | ||||||
| 6 | attributable to bilingual education divided by the | ||||||
| 7 | Organizational Unit's final Adequacy Target, the product | ||||||
| 8 | of which shall be multiplied by the amount of new funding | ||||||
| 9 | received pursuant to this Section. An Organizational | ||||||
| 10 | Unit's final Adequacy Target attributable to bilingual | ||||||
| 11 | education shall include all additional investments in | ||||||
| 12 | English learner students' adequacy elements. | ||||||
| 13 | "Budget Year" means the school year for which primary | ||||||
| 14 | State aid is calculated and awarded under this Section. | ||||||
| 15 | "Central office" means individual administrators and | ||||||
| 16 | support service personnel charged with managing the | ||||||
| 17 | instructional programs, business and operations, and | ||||||
| 18 | security of the Organizational Unit. | ||||||
| 19 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
| 20 | differentiation metric that measures systemic, regional | ||||||
| 21 | variations in the salaries of college graduates who are not | ||||||
| 22 | educators. The CWI utilized for this Section shall, for the | ||||||
| 23 | first 3 years of Evidence-Based Funding implementation, be | ||||||
| 24 | the CWI initially developed by the National Center for | ||||||
| 25 | Education Statistics, as most recently updated by Texas A & | ||||||
| 26 | M University. In the fourth and subsequent years of | ||||||
| |||||||
| |||||||
| 1 | Evidence-Based Funding implementation, the State | ||||||
| 2 | Superintendent shall re-determine the CWI using a similar | ||||||
| 3 | methodology to that identified in the Texas A & M | ||||||
| 4 | University study, with adjustments made no less frequently | ||||||
| 5 | than once every 5 years. | ||||||
| 6 | "Computer technology and equipment" means computers | ||||||
| 7 | servers, notebooks, network equipment, copiers, printers, | ||||||
| 8 | instructional software, security software, curriculum | ||||||
| 9 | management courseware, and other similar materials and | ||||||
| 10 | equipment. | ||||||
| 11 | "Computer technology and equipment investment | ||||||
| 12 | allocation" means the final Adequacy Target amount of an | ||||||
| 13 | Organizational Unit assigned to Tier 1 or Tier 2 in the | ||||||
| 14 | prior school year attributable to the additional $285.50 | ||||||
| 15 | per student computer technology and equipment investment | ||||||
| 16 | grant divided by the Organizational Unit's final Adequacy | ||||||
| 17 | Target, the result of which shall be multiplied by the | ||||||
| 18 | amount of new funding received pursuant to this Section. An | ||||||
| 19 | Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
| 20 | Adequacy Target attributable to the received computer | ||||||
| 21 | technology and equipment investment grant shall include | ||||||
| 22 | all additional investments in computer technology and | ||||||
| 23 | equipment adequacy elements. | ||||||
| 24 | "Core subject" means mathematics; science; reading, | ||||||
| 25 | English, writing, and language arts; history and social | ||||||
| 26 | studies; world languages; and subjects taught as Advanced | ||||||
| |||||||
| |||||||
| 1 | Placement in high schools. | ||||||
| 2 | "Core teacher" means a regular classroom teacher in | ||||||
| 3 | elementary schools and teachers of a core subject in middle | ||||||
| 4 | and high schools. | ||||||
| 5 | "Core Intervention teacher (tutor)" means a licensed | ||||||
| 6 | teacher providing one-on-one or small group tutoring to | ||||||
| 7 | students struggling to meet proficiency in core subjects. | ||||||
| 8 | "CPPRT" means corporate personal property replacement | ||||||
| 9 | tax funds paid to an Organizational Unit during the | ||||||
| 10 | calendar year one year before the calendar year in which a | ||||||
| 11 | school year begins, pursuant to "An Act in relation to the | ||||||
| 12 | abolition of ad valorem personal property tax and the | ||||||
| 13 | replacement of revenues lost thereby, and amending and | ||||||
| 14 | repealing certain Acts and parts of Acts in connection | ||||||
| 15 | therewith", certified August 14, 1979, as amended (Public | ||||||
| 16 | Act 81-1st S.S.-1). | ||||||
| 17 | "EAV" means equalized assessed valuation as defined in | ||||||
| 18 | paragraph (2) of subsection (d) of this Section and | ||||||
| 19 | calculated in accordance with paragraph (3) of subsection | ||||||
| 20 | (d) of this Section. | ||||||
| 21 | "ECI" means the Bureau of Labor Statistics' national | ||||||
| 22 | employment cost index for civilian workers in educational | ||||||
| 23 | services in elementary and secondary schools on a | ||||||
| 24 | cumulative basis for the 12-month calendar year preceding | ||||||
| 25 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
| 26 | "EIS Data" means the employment information system | ||||||
| |||||||
| |||||||
| 1 | data maintained by the State Board on educators within | ||||||
| 2 | Organizational Units. | ||||||
| 3 | "Employee benefits" means health, dental, and vision | ||||||
| 4 | insurance offered to employees of an Organizational Unit, | ||||||
| 5 | the costs associated with statutorily required payment of | ||||||
| 6 | the normal cost of the Organizational Unit's teacher | ||||||
| 7 | pensions, Social Security employer contributions, and | ||||||
| 8 | Illinois Municipal Retirement Fund employer contributions. | ||||||
| 9 | "English learner" or "EL" means a child included in the | ||||||
| 10 | definition of "English learners" under Section 14C-2 of | ||||||
| 11 | this Code participating in a program of transitional | ||||||
| 12 | bilingual education or a transitional program of | ||||||
| 13 | instruction meeting the requirements and program | ||||||
| 14 | application procedures of Article 14C of this Code. For the | ||||||
| 15 | purposes of collecting the number of EL students enrolled, | ||||||
| 16 | the same collection and calculation methodology as defined | ||||||
| 17 | above for "ASE" shall apply to English learners, with the | ||||||
| 18 | exception that EL student enrollment shall include | ||||||
| 19 | students in grades pre-kindergarten through 12. | ||||||
| 20 | "Essential Elements" means those elements, resources, | ||||||
| 21 | and educational programs that have been identified through | ||||||
| 22 | academic research as necessary to improve student success, | ||||||
| 23 | improve academic performance, close achievement gaps, and | ||||||
| 24 | provide for other per student costs related to the delivery | ||||||
| 25 | and leadership of the Organizational Unit, as well as the | ||||||
| 26 | maintenance and operations of the unit, and which are | ||||||
| |||||||
| |||||||
| 1 | specified in paragraph (2) of subsection (b) of this | ||||||
| 2 | Section. | ||||||
| 3 | "Evidence-Based Funding" means State funding provided | ||||||
| 4 | to an Organizational Unit pursuant to this Section. | ||||||
| 5 | "Extended day" means academic and enrichment programs | ||||||
| 6 | provided to students outside the regular school day before | ||||||
| 7 | and after school or during non-instructional times during | ||||||
| 8 | the school day. | ||||||
| 9 | "Extension Limitation Ratio" means a numerical ratio | ||||||
| 10 | in which the numerator is the Base Tax Year's Extension and | ||||||
| 11 | the denominator is the Preceding Tax Year's Extension. | ||||||
| 12 | "Final Percent of Adequacy" is defined in paragraph (4) | ||||||
| 13 | of subsection (f) of this Section. | ||||||
| 14 | "Final Resources" is defined in paragraph (3) of | ||||||
| 15 | subsection (f) of this Section. | ||||||
| 16 | "Full-time equivalent" or "FTE" means the full-time | ||||||
| 17 | equivalency compensation for staffing the relevant | ||||||
| 18 | position at an Organizational Unit. | ||||||
| 19 | "Funding Gap" is defined in paragraph (1) of subsection | ||||||
| 20 | (g). | ||||||
| 21 | "Guidance counselor" means a licensed guidance | ||||||
| 22 | counselor who provides guidance and counseling support for | ||||||
| 23 | students within an Organizational Unit. | ||||||
| 24 | "Hybrid District" means a partial elementary unit | ||||||
| 25 | district created pursuant to Article 11E of this Code. | ||||||
| 26 | "Instructional assistant" means a core or special | ||||||
| |||||||
| |||||||
| 1 | education, non-licensed employee who assists a teacher in | ||||||
| 2 | the classroom and provides academic support to students. | ||||||
| 3 | "Instructional facilitator" means a qualified teacher | ||||||
| 4 | or licensed teacher leader who facilitates and coaches | ||||||
| 5 | continuous improvement in classroom instruction; provides | ||||||
| 6 | instructional support to teachers in the elements of | ||||||
| 7 | research-based instruction or demonstrates the alignment | ||||||
| 8 | of instruction with curriculum standards and assessment | ||||||
| 9 | tools; develops or coordinates instructional programs or | ||||||
| 10 | strategies; develops and implements training; chooses | ||||||
| 11 | standards-based instructional materials; provides teachers | ||||||
| 12 | with an understanding of current research; serves as a | ||||||
| 13 | mentor, site coach, curriculum specialist, or lead | ||||||
| 14 | teacher; or otherwise works with fellow teachers, in | ||||||
| 15 | collaboration, to use data to improve instructional | ||||||
| 16 | practice or develop model lessons. | ||||||
| 17 | "Instructional materials" means relevant instructional | ||||||
| 18 | materials for student instruction, including, but not | ||||||
| 19 | limited to, textbooks, consumable workbooks, laboratory | ||||||
| 20 | equipment, library books, and other similar materials. | ||||||
| 21 | "Laboratory School" means a public school that is | ||||||
| 22 | created and operated by a public university and approved by | ||||||
| 23 | the State Board. | ||||||
| 24 | "Librarian" means a teacher with an endorsement as a | ||||||
| 25 | library information specialist or another individual whose | ||||||
| 26 | primary responsibility is overseeing library resources | ||||||
| |||||||
| |||||||
| 1 | within an Organizational Unit. | ||||||
| 2 | "Limiting rate for Hybrid Districts" means the | ||||||
| 3 | combined elementary school and high school limited rates. | ||||||
| 4 | "Local Capacity" is defined in paragraph (1) of | ||||||
| 5 | subsection (c) of this Section. | ||||||
| 6 | "Local Capacity Percentage" is defined in subparagraph | ||||||
| 7 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
| 8 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
| 9 | of paragraph (2) of subsection (c) of this Section. | ||||||
| 10 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
| 11 | subsection (c) of this Section. | ||||||
| 12 | "Low-Income Count" means, for an Organizational Unit | ||||||
| 13 | in a fiscal year, the higher of the average number of | ||||||
| 14 | students for the prior school year or the immediately | ||||||
| 15 | preceding 3 school years who, as of July 1 of the | ||||||
| 16 | immediately preceding fiscal year (as determined by the | ||||||
| 17 | Department of Human Services), are eligible for at least | ||||||
| 18 | one of the following low income programs: Medicaid, the | ||||||
| 19 | Children's Health Insurance Program, TANF, or the | ||||||
| 20 | Supplemental Nutrition Assistance Program, excluding | ||||||
| 21 | pupils who are eligible for services provided by the | ||||||
| 22 | Department of Children and Family Services. Until such time | ||||||
| 23 | that grade level low-income populations become available, | ||||||
| 24 | grade level low-income populations shall be determined by | ||||||
| 25 | applying the low-income percentage to total student | ||||||
| 26 | enrollments by grade level. The low-income percentage is | ||||||
| |||||||
| |||||||
| 1 | determined by dividing the Low-Income Count by the Average | ||||||
| 2 | Student Enrollment. | ||||||
| 3 | "Maintenance and operations" means custodial services, | ||||||
| 4 | facility and ground maintenance, facility operations, | ||||||
| 5 | facility security, routine facility repairs, and other | ||||||
| 6 | similar services and functions. | ||||||
| 7 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
| 8 | subsection (g) of this Section. | ||||||
| 9 | "New Property Tax Relief Pool Funds" means, for any | ||||||
| 10 | given fiscal year, all State funds appropriated under | ||||||
| 11 | Section 2-3.170 of the School Code. | ||||||
| 12 | "New State Funds" means, for a given school year, all | ||||||
| 13 | State funds appropriated for Evidence-Based Funding in | ||||||
| 14 | excess of the amount needed to fund the Base Funding | ||||||
| 15 | Minimum for all Organizational Units in that school year. | ||||||
| 16 | "Net State Contribution Target" means, for a given | ||||||
| 17 | school year, the amount of State funds that would be | ||||||
| 18 | necessary to fully meet the Adequacy Target of an | ||||||
| 19 | Operational Unit minus the Preliminary Resources available | ||||||
| 20 | to each unit. | ||||||
| 21 | "Nurse" means an individual licensed as a certified | ||||||
| 22 | school nurse, in accordance with the rules established for | ||||||
| 23 | nursing services by the State Board, who is an employee of | ||||||
| 24 | and is available to provide health care-related services | ||||||
| 25 | for students of an Organizational Unit. | ||||||
| 26 | "Operating Tax Rate" means the rate utilized in the | ||||||
| |||||||
| |||||||
| 1 | previous year to extend property taxes for all purposes, | ||||||
| 2 | except, Bond and Interest, Summer School, Rent, Capital | ||||||
| 3 | Improvement, and Vocational Education Building purposes. | ||||||
| 4 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
| 5 | combined elementary and high school rates utilized in the | ||||||
| 6 | previous year to extend property taxes for all purposes, | ||||||
| 7 | except, Bond and Interest, Summer School, Rent, Capital | ||||||
| 8 | Improvement, and Vocational Education Building purposes. | ||||||
| 9 | "Organizational Unit" means a Laboratory School or any | ||||||
| 10 | public school district that is recognized as such by the | ||||||
| 11 | State Board and that contains elementary schools typically | ||||||
| 12 | serving kindergarten through 5th grades, middle schools | ||||||
| 13 | typically serving 6th through 8th grades, or high schools | ||||||
| 14 | typically serving 9th through 12th grades. The General | ||||||
| 15 | Assembly acknowledges that the actual grade levels served | ||||||
| 16 | by a particular Organizational Unit may vary slightly from | ||||||
| 17 | what is typical. | ||||||
| 18 | "Organizational Unit CWI" is determined by calculating | ||||||
| 19 | the CWI in the region and original county in which an | ||||||
| 20 | Organizational Unit's primary administrative office is | ||||||
| 21 | located as set forth in this paragraph, provided that if | ||||||
| 22 | the Organizational Unit CWI as calculated in accordance | ||||||
| 23 | with this paragraph is less than 0.9, the Organizational | ||||||
| 24 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
| 25 | CWI value shall be adjusted based on the CWI value of that | ||||||
| 26 | county's neighboring Illinois counties, to create a | ||||||
| |||||||
| |||||||
| 1 | "weighted adjusted index value". This shall be calculated | ||||||
| 2 | by summing the CWI values of all of a county's adjacent | ||||||
| 3 | Illinois counties and dividing by the number of adjacent | ||||||
| 4 | Illinois counties, then taking the weighted value of the | ||||||
| 5 | original county's CWI value and the adjacent Illinois | ||||||
| 6 | county average. To calculate this weighted value, if the | ||||||
| 7 | number of adjacent Illinois counties is greater than 2, the | ||||||
| 8 | original county's CWI value will be weighted at 0.25 and | ||||||
| 9 | the adjacent Illinois county average will be weighted at | ||||||
| 10 | 0.75. If the number of adjacent Illinois counties is 2, the | ||||||
| 11 | original county's CWI value will be weighted at 0.33 and | ||||||
| 12 | the adjacent Illinois county average will be weighted at | ||||||
| 13 | 0.66. The greater of the county's current CWI value and its | ||||||
| 14 | weighted adjusted index value shall be used as the | ||||||
| 15 | Organizational Unit CWI. | ||||||
| 16 | "Preceding Tax Year" means the property tax levy year | ||||||
| 17 | immediately preceding the Base Tax Year. | ||||||
| 18 | "Preceding Tax Year's Extension" means the product of | ||||||
| 19 | the equalized assessed valuation utilized by the county | ||||||
| 20 | clerk in the Preceding Tax Year multiplied by the Operating | ||||||
| 21 | Tax Rate. | ||||||
| 22 | "Preliminary Percent of Adequacy" is defined in | ||||||
| 23 | paragraph (2) of subsection (f) of this Section. | ||||||
| 24 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
| 25 | subsection (f) of this Section. | ||||||
| 26 | "Principal" means a school administrator duly endorsed | ||||||
| |||||||
| |||||||
| 1 | to be employed as a principal in this State. | ||||||
| 2 | "Professional development" means training programs for | ||||||
| 3 | licensed staff in schools, including, but not limited to, | ||||||
| 4 | programs that assist in implementing new curriculum | ||||||
| 5 | programs, provide data focused or academic assessment data | ||||||
| 6 | training to help staff identify a student's weaknesses and | ||||||
| 7 | strengths, target interventions, improve instruction, | ||||||
| 8 | encompass instructional strategies for English learner, | ||||||
| 9 | gifted, or at-risk students, address inclusivity, cultural | ||||||
| 10 | sensitivity, or implicit bias, or otherwise provide | ||||||
| 11 | professional support for licensed staff. | ||||||
| 12 | "Prototypical" means 450 special education | ||||||
| 13 | pre-kindergarten and kindergarten through grade 5 students | ||||||
| 14 | for an elementary school, 450 grade 6 through 8 students | ||||||
| 15 | for a middle school, and 600 grade 9 through 12 students | ||||||
| 16 | for a high school. | ||||||
| 17 | "PTELL" means the Property Tax Extension Limitation | ||||||
| 18 | Law. | ||||||
| 19 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
| 20 | (d) of this Section. | ||||||
| 21 | "Pupil support staff" means a nurse, psychologist, | ||||||
| 22 | social worker, family liaison personnel, or other staff | ||||||
| 23 | member who provides support to at-risk or struggling | ||||||
| 24 | students. | ||||||
| 25 | "Real Receipts" is defined in paragraph (1) of | ||||||
| 26 | subsection (d) of this Section. | ||||||
| |||||||
| |||||||
| 1 | "Regionalization Factor" means, for a particular | ||||||
| 2 | Organizational Unit, the figure derived by dividing the | ||||||
| 3 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
| 4 | "School site staff" means the primary school secretary | ||||||
| 5 | and any additional clerical personnel assigned to a school. | ||||||
| 6 | "Special education" means special educational | ||||||
| 7 | facilities and services, as defined in Section 14-1.08 of | ||||||
| 8 | this Code. | ||||||
| 9 | "Special Education Allocation" means the amount of an | ||||||
| 10 | Organizational Unit's final Adequacy Target attributable | ||||||
| 11 | to special education divided by the Organizational Unit's | ||||||
| 12 | final Adequacy Target, the product of which shall be | ||||||
| 13 | multiplied by the amount of new funding received pursuant | ||||||
| 14 | to this Section. An Organizational Unit's final Adequacy | ||||||
| 15 | Target attributable to special education shall include all | ||||||
| 16 | special education investment adequacy elements. | ||||||
| 17 | "Specialist teacher" means a teacher who provides | ||||||
| 18 | instruction in subject areas not included in core subjects, | ||||||
| 19 | including, but not limited to, art, music, physical | ||||||
| 20 | education, health, driver education, career-technical | ||||||
| 21 | education, and such other subject areas as may be mandated | ||||||
| 22 | by State law or provided by an Organizational Unit. | ||||||
| 23 | "Specially Funded Unit" means an Alternative School, | ||||||
| 24 | safe school, Department of Juvenile Justice school, | ||||||
| 25 | special education cooperative or entity recognized by the | ||||||
| 26 | State Board as a special education cooperative, | ||||||
| |||||||
| |||||||
| 1 | State-approved charter school, or alternative learning | ||||||
| 2 | opportunities program that received direct funding from | ||||||
| 3 | the State Board during the 2016-2017 school year through | ||||||
| 4 | any of the funding sources included within the calculation | ||||||
| 5 | of the Base Funding Minimum or Glenwood Academy. | ||||||
| 6 | "Supplemental Grant Funding" means supplemental | ||||||
| 7 | general State aid funding received by an Organization Unit | ||||||
| 8 | during the 2016-2017 school year pursuant to subsection (H) | ||||||
| 9 | of Section 18-8.05 of this Code (now repealed). | ||||||
| 10 | "State Adequacy Level" is the sum of the Adequacy | ||||||
| 11 | Targets of all Organizational Units. | ||||||
| 12 | "State Board" means the State Board of Education. | ||||||
| 13 | "State Superintendent" means the State Superintendent | ||||||
| 14 | of Education. | ||||||
| 15 | "Statewide Weighted CWI" means a figure determined by | ||||||
| 16 | multiplying each Organizational Unit CWI times the ASE for | ||||||
| 17 | that Organizational Unit creating a weighted value, | ||||||
| 18 | summing all Organizational Unit's weighted values, and | ||||||
| 19 | dividing by the total ASE of all Organizational Units, | ||||||
| 20 | thereby creating an average weighted index. | ||||||
| 21 | "Student activities" means non-credit producing | ||||||
| 22 | after-school programs, including, but not limited to, | ||||||
| 23 | clubs, bands, sports, and other activities authorized by | ||||||
| 24 | the school board of the Organizational Unit. | ||||||
| 25 | "Substitute teacher" means an individual teacher or | ||||||
| 26 | teaching assistant who is employed by an Organizational | ||||||
| |||||||
| |||||||
| 1 | Unit and is temporarily serving the Organizational Unit on | ||||||
| 2 | a per diem or per period-assignment basis replacing another | ||||||
| 3 | staff member. | ||||||
| 4 | "Summer school" means academic and enrichment programs | ||||||
| 5 | provided to students during the summer months outside of | ||||||
| 6 | the regular school year. | ||||||
| 7 | "Supervisory aide" means a non-licensed staff member | ||||||
| 8 | who helps in supervising students of an Organizational | ||||||
| 9 | Unit, but does so outside of the classroom, in situations | ||||||
| 10 | such as, but not limited to, monitoring hallways and | ||||||
| 11 | playgrounds, supervising lunchrooms, or supervising | ||||||
| 12 | students when being transported in buses serving the | ||||||
| 13 | Organizational Unit. | ||||||
| 14 | "Target Ratio" is defined in paragraph (4) of | ||||||
| 15 | subsection (g). | ||||||
| 16 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||||||
| 17 | in paragraph (3) of subsection (g). | ||||||
| 18 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
| 19 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate | ||||||
| 20 | Funding" are defined in paragraph (1) of subsection (g). | ||||||
| 21 | (b) Adequacy Target calculation. | ||||||
| 22 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
| 23 | sum of the Organizational Unit's cost of providing | ||||||
| 24 | Essential Elements, as calculated in accordance with this | ||||||
| 25 | subsection (b), with the salary amounts in the Essential | ||||||
| 26 | Elements multiplied by a Regionalization Factor calculated | ||||||
| |||||||
| |||||||
| 1 | pursuant to paragraph (3) of this subsection (b). | ||||||
| 2 | (2) The Essential Elements are attributable on a pro | ||||||
| 3 | rata basis related to defined subgroups of the ASE of each | ||||||
| 4 | Organizational Unit as specified in this paragraph (2), | ||||||
| 5 | with investments and FTE positions pro rata funded based on | ||||||
| 6 | ASE counts in excess or less than the thresholds set forth | ||||||
| 7 | in this paragraph (2). The method for calculating | ||||||
| 8 | attributable pro rata costs and the defined subgroups | ||||||
| 9 | thereto are as follows: | ||||||
| 10 | (A) Core class size investments. Each | ||||||
| 11 | Organizational Unit shall receive the funding required | ||||||
| 12 | to support that number of FTE core teacher positions as | ||||||
| 13 | is needed to keep the respective class sizes of the | ||||||
| 14 | Organizational Unit to the following maximum numbers: | ||||||
| 15 | (i) For grades kindergarten through 3, the | ||||||
| 16 | Organizational Unit shall receive funding required | ||||||
| 17 | to support one FTE core teacher position for every | ||||||
| 18 | 15 Low-Income Count students in those grades and | ||||||
| 19 | one FTE core teacher position for every 20 | ||||||
| 20 | non-Low-Income Count students in those grades. | ||||||
| 21 | (ii) For grades 4 through 12, the | ||||||
| 22 | Organizational Unit shall receive funding required | ||||||
| 23 | to support one FTE core teacher position for every | ||||||
| 24 | 20 Low-Income Count students in those grades and | ||||||
| 25 | one FTE core teacher position for every 25 | ||||||
| 26 | non-Low-Income Count students in those grades. | ||||||
| |||||||
| |||||||
| 1 | The number of non-Low-Income Count students in a | ||||||
| 2 | grade shall be determined by subtracting the | ||||||
| 3 | Low-Income students in that grade from the ASE of the | ||||||
| 4 | Organizational Unit for that grade. | ||||||
| 5 | (B) Specialist teacher investments. Each | ||||||
| 6 | Organizational Unit shall receive the funding needed | ||||||
| 7 | to cover that number of FTE specialist teacher | ||||||
| 8 | positions that correspond to the following | ||||||
| 9 | percentages: | ||||||
| 10 | (i) if the Organizational Unit operates an | ||||||
| 11 | elementary or middle school, then 20.00% of the | ||||||
| 12 | number of the Organizational Unit's core teachers, | ||||||
| 13 | as determined under subparagraph (A) of this | ||||||
| 14 | paragraph (2); and | ||||||
| 15 | (ii) if such Organizational Unit operates a | ||||||
| 16 | high school, then 33.33% of the number of the | ||||||
| 17 | Organizational Unit's core teachers. | ||||||
| 18 | (C) Instructional facilitator investments. Each | ||||||
| 19 | Organizational Unit shall receive the funding needed | ||||||
| 20 | to cover one FTE instructional facilitator position | ||||||
| 21 | for every 200 combined ASE of pre-kindergarten | ||||||
| 22 | children with disabilities and all kindergarten | ||||||
| 23 | through grade 12 students of the Organizational Unit. | ||||||
| 24 | (D) Core intervention teacher (tutor) investments. | ||||||
| 25 | Each Organizational Unit shall receive the funding | ||||||
| 26 | needed to cover one FTE teacher position for each | ||||||
| |||||||
| |||||||
| 1 | prototypical elementary, middle, and high school. | ||||||
| 2 | (E) Substitute teacher investments. Each | ||||||
| 3 | Organizational Unit shall receive the funding needed | ||||||
| 4 | to cover substitute teacher costs that is equal to | ||||||
| 5 | 5.70% of the minimum pupil attendance days required | ||||||
| 6 | under Section 10-19 of this Code for all full-time | ||||||
| 7 | equivalent core, specialist, and intervention | ||||||
| 8 | teachers, school nurses, special education teachers | ||||||
| 9 | and instructional assistants, instructional | ||||||
| 10 | facilitators, and summer school and extended-day | ||||||
| 11 | teacher positions, as determined under this paragraph | ||||||
| 12 | (2), at a salary rate of 33.33% of the average salary | ||||||
| 13 | for grade K through 12 teachers and 33.33% of the | ||||||
| 14 | average salary of each instructional assistant | ||||||
| 15 | position. | ||||||
| 16 | (F) Core guidance counselor investments. Each | ||||||
| 17 | Organizational Unit shall receive the funding needed | ||||||
| 18 | to cover one FTE guidance counselor for each 450 | ||||||
| 19 | combined ASE of pre-kindergarten children with | ||||||
| 20 | disabilities and all kindergarten through grade 5 | ||||||
| 21 | students, plus one FTE guidance counselor for each 250 | ||||||
| 22 | grades 6 through 8 ASE middle school students, plus one | ||||||
| 23 | FTE guidance counselor for each 250 grades 9 through 12 | ||||||
| 24 | ASE high school students. | ||||||
| 25 | (G) Nurse investments. Each Organizational Unit | ||||||
| 26 | shall receive the funding needed to cover one FTE nurse | ||||||
| |||||||
| |||||||
| 1 | for each 750 combined ASE of pre-kindergarten children | ||||||
| 2 | with disabilities and all kindergarten through grade | ||||||
| 3 | 12 students across all grade levels it serves. | ||||||
| 4 | (H) Supervisory aide investments. Each | ||||||
| 5 | Organizational Unit shall receive the funding needed | ||||||
| 6 | to cover one FTE for each 225 combined ASE of | ||||||
| 7 | pre-kindergarten children with disabilities and all | ||||||
| 8 | kindergarten through grade 5 students, plus one FTE for | ||||||
| 9 | each 225 ASE middle school students, plus one FTE for | ||||||
| 10 | each 200 ASE high school students. | ||||||
| 11 | (I) Librarian investments. Each Organizational | ||||||
| 12 | Unit shall receive the funding needed to cover one FTE | ||||||
| 13 | librarian for each prototypical elementary school, | ||||||
| 14 | middle school, and high school and one FTE aide or | ||||||
| 15 | media technician for every 300 combined ASE of | ||||||
| 16 | pre-kindergarten children with disabilities and all | ||||||
| 17 | kindergarten through grade 12 students. | ||||||
| 18 | (J) Principal investments. Each Organizational | ||||||
| 19 | Unit shall receive the funding needed to cover one FTE | ||||||
| 20 | principal position for each prototypical elementary | ||||||
| 21 | school, plus one FTE principal position for each | ||||||
| 22 | prototypical middle school, plus one FTE principal | ||||||
| 23 | position for each prototypical high school. | ||||||
| 24 | (K) Assistant principal investments. Each | ||||||
| 25 | Organizational Unit shall receive the funding needed | ||||||
| 26 | to cover one FTE assistant principal position for each | ||||||
| |||||||
| |||||||
| 1 | prototypical elementary school, plus one FTE assistant | ||||||
| 2 | principal position for each prototypical middle | ||||||
| 3 | school, plus one FTE assistant principal position for | ||||||
| 4 | each prototypical high school. | ||||||
| 5 | (L) School site staff investments. Each | ||||||
| 6 | Organizational Unit shall receive the funding needed | ||||||
| 7 | for one FTE position for each 225 ASE of | ||||||
| 8 | pre-kindergarten children with disabilities and all | ||||||
| 9 | kindergarten through grade 5 students, plus one FTE | ||||||
| 10 | position for each 225 ASE middle school students, plus | ||||||
| 11 | one FTE position for each 200 ASE high school students. | ||||||
| 12 | (M) Gifted investments. Each Organizational Unit | ||||||
| 13 | shall receive $40 per kindergarten through grade 12 | ||||||
| 14 | ASE. | ||||||
| 15 | (N) Professional development investments. Each | ||||||
| 16 | Organizational Unit shall receive $125 per student of | ||||||
| 17 | the combined ASE of pre-kindergarten children with | ||||||
| 18 | disabilities and all kindergarten through grade 12 | ||||||
| 19 | students for trainers and other professional | ||||||
| 20 | development-related expenses for supplies and | ||||||
| 21 | materials. | ||||||
| 22 | (O) Instructional material investments. Each | ||||||
| 23 | Organizational Unit shall receive $190 per student of | ||||||
| 24 | the combined ASE of pre-kindergarten children with | ||||||
| 25 | disabilities and all kindergarten through grade 12 | ||||||
| 26 | students to cover instructional material costs. | ||||||
| |||||||
| |||||||
| 1 | (P) Assessment investments. Each Organizational | ||||||
| 2 | Unit shall receive $25 per student of the combined ASE | ||||||
| 3 | of pre-kindergarten children with disabilities and all | ||||||
| 4 | kindergarten through grade 12 students student to | ||||||
| 5 | cover assessment costs. | ||||||
| 6 | (Q) Computer technology and equipment investments. | ||||||
| 7 | Each Organizational Unit shall receive $285.50 per | ||||||
| 8 | student of the combined ASE of pre-kindergarten | ||||||
| 9 | children with disabilities and all kindergarten | ||||||
| 10 | through grade 12 students to cover computer technology | ||||||
| 11 | and equipment costs. For the 2018-2019 school year and | ||||||
| 12 | subsequent school years, Organizational Units assigned | ||||||
| 13 | to Tier 1 and Tier 2 in the prior school year shall | ||||||
| 14 | receive an additional $285.50 per student of the | ||||||
| 15 | combined ASE of pre-kindergarten children with | ||||||
| 16 | disabilities and all kindergarten through grade 12 | ||||||
| 17 | students to cover computer technology and equipment | ||||||
| 18 | costs in the Organization Unit's Adequacy Target. The | ||||||
| 19 | State Board may establish additional requirements for | ||||||
| 20 | Organizational Unit expenditures of funds received | ||||||
| 21 | pursuant to this subparagraph (Q), including a | ||||||
| 22 | requirement that funds received pursuant to this | ||||||
| 23 | subparagraph (Q) may be used only for serving the | ||||||
| 24 | technology needs of the district. It is the intent of | ||||||
| 25 | this amendatory Act of the 100th General Assembly that | ||||||
| 26 | all Tier 1 and Tier 2 districts receive the addition to | ||||||
| |||||||
| |||||||
| 1 | their Adequacy Target in the following year, subject to | ||||||
| 2 | compliance with the requirements of the State Board. | ||||||
| 3 | (R) Student activities investments. Each | ||||||
| 4 | Organizational Unit shall receive the following | ||||||
| 5 | funding amounts to cover student activities: $100 per | ||||||
| 6 | kindergarten through grade 5 ASE student in elementary | ||||||
| 7 | school, plus $200 per ASE student in middle school, | ||||||
| 8 | plus $675 per ASE student in high school. | ||||||
| 9 | (S) Maintenance and operations investments. Each | ||||||
| 10 | Organizational Unit shall receive $1,038 per student | ||||||
| 11 | of the combined ASE of pre-kindergarten children with | ||||||
| 12 | disabilities and all kindergarten through grade 12 for | ||||||
| 13 | day-to-day maintenance and operations expenditures, | ||||||
| 14 | including salary, supplies, and materials, as well as | ||||||
| 15 | purchased services, but excluding employee benefits. | ||||||
| 16 | The proportion of salary for the application of a | ||||||
| 17 | Regionalization Factor and the calculation of benefits | ||||||
| 18 | is equal to $352.92. | ||||||
| 19 | (T) Central office investments. Each | ||||||
| 20 | Organizational Unit shall receive $742 per student of | ||||||
| 21 | the combined ASE of pre-kindergarten children with | ||||||
| 22 | disabilities and all kindergarten through grade 12 | ||||||
| 23 | students to cover central office operations, including | ||||||
| 24 | administrators and classified personnel charged with | ||||||
| 25 | managing the instructional programs, business and | ||||||
| 26 | operations of the school district, and security | ||||||
| |||||||
| |||||||
| 1 | personnel. The proportion of salary for the | ||||||
| 2 | application of a Regionalization Factor and the | ||||||
| 3 | calculation of benefits is equal to $368.48. | ||||||
| 4 | (U) Employee benefit investments. Each | ||||||
| 5 | Organizational Unit shall receive 30% of the total of | ||||||
| 6 | all salary-calculated elements of the Adequacy Target, | ||||||
| 7 | excluding substitute teachers and student activities | ||||||
| 8 | investments, to cover benefit costs. For central | ||||||
| 9 | office and maintenance and operations investments, the | ||||||
| 10 | benefit calculation shall be based upon the salary | ||||||
| 11 | proportion of each investment. If at any time the | ||||||
| 12 | responsibility for funding the employer normal cost of | ||||||
| 13 | teacher pensions is assigned to school districts, then | ||||||
| 14 | that amount certified by the Teachers' Retirement | ||||||
| 15 | System of the State of Illinois to be paid by the | ||||||
| 16 | Organizational Unit for the preceding school year | ||||||
| 17 | shall be added to the benefit investment. For any | ||||||
| 18 | fiscal year in which a school district organized under | ||||||
| 19 | Article 34 of this Code is responsible for paying the | ||||||
| 20 | employer normal cost of teacher pensions, then that | ||||||
| 21 | amount of its employer normal cost plus the amount for | ||||||
| 22 | retiree health insurance as certified by the Public | ||||||
| 23 | School Teachers' Pension and Retirement Fund of | ||||||
| 24 | Chicago to be paid by the school district for the | ||||||
| 25 | preceding school year that is statutorily required to | ||||||
| 26 | cover employer normal costs and the amount for retiree | ||||||
| |||||||
| |||||||
| 1 | health insurance shall be added to the 30% specified in | ||||||
| 2 | this subparagraph (U). The Teachers' Retirement System | ||||||
| 3 | of the State of Illinois and the Public School | ||||||
| 4 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
| 5 | submit such information as the State Superintendent | ||||||
| 6 | may require for the calculations set forth in this | ||||||
| 7 | subparagraph (U). | ||||||
| 8 | (V) Additional investments in low-income students. | ||||||
| 9 | In addition to and not in lieu of all other funding | ||||||
| 10 | under this paragraph (2), each Organizational Unit | ||||||
| 11 | shall receive funding based on the average teacher | ||||||
| 12 | salary for grades K through 12 to cover the costs of: | ||||||
| 13 | (i) one FTE intervention teacher (tutor) | ||||||
| 14 | position for every 125 Low-Income Count students; | ||||||
| 15 | (ii) one FTE pupil support staff position for | ||||||
| 16 | every 125 Low-Income Count students; | ||||||
| 17 | (iii) one FTE extended day teacher position | ||||||
| 18 | for every 120 Low-Income Count students; and | ||||||
| 19 | (iv) one FTE summer school teacher position | ||||||
| 20 | for every 120 Low-Income Count students. | ||||||
| 21 | (W) Additional investments in English learner | ||||||
| 22 | students. In addition to and not in lieu of all other | ||||||
| 23 | funding under this paragraph (2), each Organizational | ||||||
| 24 | Unit shall receive funding based on the average teacher | ||||||
| 25 | salary for grades K through 12 to cover the costs of: | ||||||
| 26 | (i) one FTE intervention teacher (tutor) | ||||||
| |||||||
| |||||||
| 1 | position for every 125 English learner students; | ||||||
| 2 | (ii) one FTE pupil support staff position for | ||||||
| 3 | every 125 English learner students; | ||||||
| 4 | (iii) one FTE extended day teacher position | ||||||
| 5 | for every 120 English learner students; | ||||||
| 6 | (iv) one FTE summer school teacher position | ||||||
| 7 | for every 120 English learner students; and | ||||||
| 8 | (v) one FTE core teacher position for every 100 | ||||||
| 9 | English learner students. | ||||||
| 10 | (X) Special education investments. Each | ||||||
| 11 | Organizational Unit shall receive funding based on the | ||||||
| 12 | average teacher salary for grades K through 12 to cover | ||||||
| 13 | special education as follows: | ||||||
| 14 | (i) one FTE teacher position for every 141 | ||||||
| 15 | combined ASE of pre-kindergarten children with | ||||||
| 16 | disabilities and all kindergarten through grade 12 | ||||||
| 17 | students; | ||||||
| 18 | (ii) one FTE instructional assistant for every | ||||||
| 19 | 141 combined ASE of pre-kindergarten children with | ||||||
| 20 | disabilities and all kindergarten through grade 12 | ||||||
| 21 | students; and | ||||||
| 22 | (iii) one FTE psychologist position for every | ||||||
| 23 | 1,000 combined ASE of pre-kindergarten children | ||||||
| 24 | with disabilities and all kindergarten through | ||||||
| 25 | grade 12 students. | ||||||
| 26 | (3) For calculating the salaries included within the | ||||||
| |||||||
| |||||||
| 1 | Essential Elements, the State Superintendent shall | ||||||
| 2 | annually calculate average salaries to the nearest dollar | ||||||
| 3 | using the employment information system data maintained by | ||||||
| 4 | the State Board, limited to public schools only and | ||||||
| 5 | excluding special education and vocational cooperatives, | ||||||
| 6 | schools operated by the Department of Juvenile Justice, and | ||||||
| 7 | charter schools, for the following positions: | ||||||
| 8 | (A) Teacher for grades K through 8. | ||||||
| 9 | (B) Teacher for grades 9 through 12. | ||||||
| 10 | (C) Teacher for grades K through 12. | ||||||
| 11 | (D) Guidance counselor for grades K through 8. | ||||||
| 12 | (E) Guidance counselor for grades 9 through 12. | ||||||
| 13 | (F) Guidance counselor for grades K through 12. | ||||||
| 14 | (G) Social worker. | ||||||
| 15 | (H) Psychologist. | ||||||
| 16 | (I) Librarian. | ||||||
| 17 | (J) Nurse. | ||||||
| 18 | (K) Principal. | ||||||
| 19 | (L) Assistant principal. | ||||||
| 20 | For the purposes of this paragraph (3), "teacher" | ||||||
| 21 | includes core teachers, specialist and elective teachers, | ||||||
| 22 | instructional facilitators, tutors, special education | ||||||
| 23 | teachers, pupil support staff teachers, English learner | ||||||
| 24 | teachers, extended-day teachers, and summer school | ||||||
| 25 | teachers. Where specific grade data is not required for the | ||||||
| 26 | Essential Elements, the average salary for corresponding | ||||||
| |||||||
| |||||||
| 1 | positions shall apply. For substitute teachers, the | ||||||
| 2 | average teacher salary for grades K through 12 shall apply. | ||||||
| 3 | For calculating the salaries included within the | ||||||
| 4 | Essential Elements for positions not included within EIS | ||||||
| 5 | Data, the following salaries shall be used in the first | ||||||
| 6 | year of implementation of Evidence-Based Funding: | ||||||
| 7 | (i) school site staff, $30,000; and | ||||||
| 8 | (ii) non-instructional assistant, instructional | ||||||
| 9 | assistant, library aide, library media tech, or | ||||||
| 10 | supervisory aide: $25,000. | ||||||
| 11 | In the second and subsequent years of implementation of | ||||||
| 12 | Evidence-Based Funding, the amounts in items (i) and (ii) | ||||||
| 13 | of this paragraph (3) shall annually increase by the ECI. | ||||||
| 14 | The salary amounts for the Essential Elements | ||||||
| 15 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
| 16 | and (T), and (V) through (X) of paragraph (2) of subsection | ||||||
| 17 | (b) of this Section shall be multiplied by a | ||||||
| 18 | Regionalization Factor. | ||||||
| 19 | (c) Local capacity calculation. | ||||||
| 20 | (1) Each Organizational Unit's Local Capacity | ||||||
| 21 | represents an amount of funding it is assumed to contribute | ||||||
| 22 | toward its Adequacy Target for purposes of the | ||||||
| 23 | Evidence-Based Funding formula calculation. "Local | ||||||
| 24 | Capacity" means either (i) the Organizational Unit's Local | ||||||
| 25 | Capacity Target as calculated in accordance with paragraph | ||||||
| 26 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
| |||||||
| |||||||
| 1 | to or less than its Local Capacity Target or (ii) the | ||||||
| 2 | Organizational Unit's Adjusted Local Capacity, as | ||||||
| 3 | calculated in accordance with paragraph (3) of this | ||||||
| 4 | subsection (c) if Real Receipts are more than its Local | ||||||
| 5 | Capacity Target. | ||||||
| 6 | (2) "Local Capacity Target" means, for an | ||||||
| 7 | Organizational Unit, that dollar amount that is obtained by | ||||||
| 8 | multiplying its Adequacy Target by its Local Capacity | ||||||
| 9 | Ratio. | ||||||
| 10 | (A) An Organizational Unit's Local Capacity | ||||||
| 11 | Percentage is the conversion of the Organizational | ||||||
| 12 | Unit's Local Capacity Ratio, as such ratio is | ||||||
| 13 | determined in accordance with subparagraph (B) of this | ||||||
| 14 | paragraph (2), into a cumulative distribution | ||||||
| 15 | resulting in a percentile ranking to determine each | ||||||
| 16 | Organizational Unit's relative position to all other | ||||||
| 17 | Organizational Units in this State. The calculation of | ||||||
| 18 | Local Capacity Percentage is described in subparagraph | ||||||
| 19 | (C) of this paragraph (2). | ||||||
| 20 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
| 21 | in a given year is the percentage obtained by dividing | ||||||
| 22 | its Adjusted EAV or PTELL EAV, whichever is less, by | ||||||
| 23 | its Adequacy Target, with the resulting ratio further | ||||||
| 24 | adjusted as follows: | ||||||
| 25 | (i) for Organizational Units serving grades | ||||||
| 26 | kindergarten through 12 and Hybrid Districts, no | ||||||
| |||||||
| |||||||
| 1 | further adjustments shall be made; | ||||||
| 2 | (ii) for Organizational Units serving grades | ||||||
| 3 | kindergarten through 8, the ratio shall be | ||||||
| 4 | multiplied by 9/13; | ||||||
| 5 | (iii) for Organizational Units serving grades | ||||||
| 6 | 9 through 12, the Local Capacity Ratio shall be | ||||||
| 7 | multiplied by 4/13; and | ||||||
| 8 | (iv) for an Organizational Unit with a | ||||||
| 9 | different grade configuration than those specified | ||||||
| 10 | in items (i) through (iii) of this subparagraph | ||||||
| 11 | (B), the State Superintendent shall determine a | ||||||
| 12 | comparable adjustment based on the grades served. | ||||||
| 13 | (C) The Local Capacity Percentage is equal to the | ||||||
| 14 | percentile ranking of the district. Local Capacity | ||||||
| 15 | Percentage converts each Organizational Unit's Local | ||||||
| 16 | Capacity Ratio to a cumulative distribution resulting | ||||||
| 17 | in a percentile ranking to determine each | ||||||
| 18 | Organizational Unit's relative position to all other | ||||||
| 19 | Organizational Units in this State. The Local Capacity | ||||||
| 20 | Percentage cumulative distribution resulting in a | ||||||
| 21 | percentile ranking for each Organizational Unit shall | ||||||
| 22 | be calculated using the standard normal distribution | ||||||
| 23 | of the score in relation to the weighted mean and | ||||||
| 24 | weighted standard deviation and Local Capacity Ratios | ||||||
| 25 | of all Organizational Units. If the value assigned to | ||||||
| 26 | any Organizational Unit is in excess of 90%, the value | ||||||
| |||||||
| |||||||
| 1 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
| 2 | Local Capacity Percentage shall be set at 10% in
| ||||||
| 3 | recognition of the absence of EAV and resources from | ||||||
| 4 | the public university that are allocated to
the | ||||||
| 5 | Laboratory School. The weighted mean for the Local | ||||||
| 6 | Capacity Percentage shall be determined by multiplying | ||||||
| 7 | each Organizational Unit's Local Capacity Ratio times | ||||||
| 8 | the ASE for the unit creating a weighted value, summing | ||||||
| 9 | the weighted values of all Organizational Units, and | ||||||
| 10 | dividing by the total ASE of all Organizational Units. | ||||||
| 11 | The weighted standard deviation shall be determined by | ||||||
| 12 | taking the square root of the weighted variance of all | ||||||
| 13 | Organizational Units' Local Capacity Ratio, where the | ||||||
| 14 | variance is calculated by squaring the difference | ||||||
| 15 | between each unit's Local Capacity Ratio and the | ||||||
| 16 | weighted mean, then multiplying the variance for each | ||||||
| 17 | unit times the ASE for the unit to create a weighted | ||||||
| 18 | variance for each unit, then summing all units' | ||||||
| 19 | weighted variance and dividing by the total ASE of all | ||||||
| 20 | units. | ||||||
| 21 | (D) For any Organizational Unit, the | ||||||
| 22 | Organizational Unit's Adjusted Local Capacity Target | ||||||
| 23 | shall be reduced by either (i) the school board's | ||||||
| 24 | remaining contribution pursuant to paragraph (ii) of | ||||||
| 25 | subsection (b-4) of Section 16-158 of the Illinois | ||||||
| 26 | Pension Code in a given year, or (ii) the board of | ||||||
| |||||||
| |||||||
| 1 | education's remaining contribution pursuant to | ||||||
| 2 | paragraph (iv) of subsection (b) of Section 17-129 of | ||||||
| 3 | the Illinois Pension Code absent the employer normal | ||||||
| 4 | cost portion of the required contribution and amount | ||||||
| 5 | allowed pursuant to subdivision (3) of Section | ||||||
| 6 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
| 7 | In the preceding sentence, item (i) shall be certified | ||||||
| 8 | to the State Board of Education by the Teachers' | ||||||
| 9 | Retirement System of the State of Illinois and item | ||||||
| 10 | (ii) shall be certified to the State Board of Education | ||||||
| 11 | by the Public School Teachers' Pension and Retirement | ||||||
| 12 | Fund of the City of Chicago. | ||||||
| 13 | (3) If an Organizational Unit's Real Receipts are more | ||||||
| 14 | than its Local Capacity Target, then its Local Capacity | ||||||
| 15 | shall equal an Adjusted Local Capacity Target as calculated | ||||||
| 16 | in accordance with this paragraph (3). The Adjusted Local | ||||||
| 17 | Capacity Target is calculated as the sum of the | ||||||
| 18 | Organizational Unit's Local Capacity Target and its Real | ||||||
| 19 | Receipts Adjustment. The Real Receipts Adjustment equals | ||||||
| 20 | the Organizational Unit's Real Receipts less its Local | ||||||
| 21 | Capacity Target, with the resulting figure multiplied by | ||||||
| 22 | the Local Capacity Percentage. | ||||||
| 23 | As used in this paragraph (3), "Real Percent of | ||||||
| 24 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
| 25 | Receipts, CPPRT, and Base Funding Minimum, with the | ||||||
| 26 | resulting figure divided by the Organizational Unit's | ||||||
| |||||||
| |||||||
| 1 | Adequacy Target. | ||||||
| 2 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV for | ||||||
| 3 | purposes of the Local Capacity calculation. | ||||||
| 4 | (1) An Organizational Unit's Real Receipts are the | ||||||
| 5 | product of its Applicable Tax Rate and its Adjusted EAV. An | ||||||
| 6 | Organizational Unit's Applicable Tax Rate is its Adjusted | ||||||
| 7 | Operating Tax Rate for property within the Organizational | ||||||
| 8 | Unit. | ||||||
| 9 | (2) The State Superintendent shall calculate the | ||||||
| 10 | Equalized Assessed Valuation, or EAV, of all taxable | ||||||
| 11 | property of each Organizational Unit as of September 30 of | ||||||
| 12 | the previous year in accordance with paragraph (3) of this | ||||||
| 13 | subsection (d). The State Superintendent shall then | ||||||
| 14 | determine the Adjusted EAV of each Organizational Unit in | ||||||
| 15 | accordance with paragraph (4) of this subsection (d), which | ||||||
| 16 | Adjusted EAV figure shall be used for the purposes of | ||||||
| 17 | calculating Local Capacity. | ||||||
| 18 | (3) To calculate Real Receipts and EAV, the Department | ||||||
| 19 | of Revenue shall supply to the State Superintendent the | ||||||
| 20 | value as equalized or assessed by the Department of Revenue | ||||||
| 21 | of all taxable property of every Organizational Unit, | ||||||
| 22 | together with (i) the applicable tax rate used in extending | ||||||
| 23 | taxes for the funds of the Organizational Unit as of | ||||||
| 24 | September 30 of the previous year and (ii) the limiting | ||||||
| 25 | rate for all Organizational Units subject to property tax | ||||||
| 26 | extension limitations as imposed under PTELL. | ||||||
| |||||||
| |||||||
| 1 | (A) The Department of Revenue shall add to the | ||||||
| 2 | equalized assessed value of all taxable property of | ||||||
| 3 | each Organizational Unit situated entirely or | ||||||
| 4 | partially within a county that is or was subject to the | ||||||
| 5 | provisions of Section 15-176 or 15-177 of the Property | ||||||
| 6 | Tax Code (i) an amount equal to the total amount by | ||||||
| 7 | which the homestead exemption allowed under Section | ||||||
| 8 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
| 9 | property situated in that Organizational Unit exceeds | ||||||
| 10 | the total amount that would have been allowed in that | ||||||
| 11 | Organizational Unit if the maximum reduction under | ||||||
| 12 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
| 13 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
| 14 | in all counties in tax year 2004 and thereafter and | ||||||
| 15 | (ii) an amount equal to the aggregate amount for the | ||||||
| 16 | taxable year of all additional exemptions under | ||||||
| 17 | Section 15-175 of the Property Tax Code for owners with | ||||||
| 18 | a household income of $30,000 or less. The county clerk | ||||||
| 19 | of any county that is or was subject to the provisions | ||||||
| 20 | of Section 15-176 or 15-177 of the Property Tax Code | ||||||
| 21 | shall annually calculate and certify to the Department | ||||||
| 22 | of Revenue for each Organizational Unit all homestead | ||||||
| 23 | exemption amounts under Section 15-176 or 15-177 of the | ||||||
| 24 | Property Tax Code and all amounts of additional | ||||||
| 25 | exemptions under Section 15-175 of the Property Tax | ||||||
| 26 | Code for owners with a household income of $30,000 or | ||||||
| |||||||
| |||||||
| 1 | less. It is the intent of this subparagraph (A) that if | ||||||
| 2 | the general homestead exemption for a parcel of | ||||||
| 3 | property is determined under Section 15-176 or 15-177 | ||||||
| 4 | of the Property Tax Code rather than Section 15-175, | ||||||
| 5 | then the calculation of EAV shall not be affected by | ||||||
| 6 | the difference, if any, between the amount of the | ||||||
| 7 | general homestead exemption allowed for that parcel of | ||||||
| 8 | property under Section 15-176 or 15-177 of the Property | ||||||
| 9 | Tax Code and the amount that would have been allowed | ||||||
| 10 | had the general homestead exemption for that parcel of | ||||||
| 11 | property been determined under Section 15-175 of the | ||||||
| 12 | Property Tax Code. It is further the intent of this | ||||||
| 13 | subparagraph (A) that if additional exemptions are | ||||||
| 14 | allowed under Section 15-175 of the Property Tax Code | ||||||
| 15 | for owners with a household income of less than | ||||||
| 16 | $30,000, then the calculation of EAV shall not be | ||||||
| 17 | affected by the difference, if any, because of those | ||||||
| 18 | additional exemptions. | ||||||
| 19 | (B) With respect to any part of an Organizational | ||||||
| 20 | Unit within a redevelopment project area in respect to | ||||||
| 21 | which a municipality has adopted tax increment | ||||||
| 22 | allocation financing pursuant to the Tax Increment | ||||||
| 23 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
| 24 | 11 of the Illinois Municipal Code, or the Industrial | ||||||
| 25 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
| 26 | Illinois Municipal Code, no part of the current EAV of | ||||||
| |||||||
| |||||||
| 1 | real property located in any such project area which is | ||||||
| 2 | attributable to an increase above the total initial EAV | ||||||
| 3 | of such property shall be used as part of the EAV of | ||||||
| 4 | the Organizational Unit, until such time as all | ||||||
| 5 | redevelopment project costs have been paid, as | ||||||
| 6 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
| 7 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
| 8 | of the Industrial Jobs Recovery Law. For the purpose of | ||||||
| 9 | the EAV of the Organizational Unit, the total initial | ||||||
| 10 | EAV or the current EAV, whichever is lower, shall be | ||||||
| 11 | used until such time as all redevelopment project costs | ||||||
| 12 | have been paid. | ||||||
| 13 | (B-5) The real property equalized assessed | ||||||
| 14 | valuation for a school district shall be adjusted by | ||||||
| 15 | subtracting from the real property value, as equalized | ||||||
| 16 | or assessed by the Department of Revenue, for the | ||||||
| 17 | district an amount computed by dividing the amount of | ||||||
| 18 | any abatement of taxes under Section 18-170 of the | ||||||
| 19 | Property Tax Code by 3.00% for a district maintaining | ||||||
| 20 | grades kindergarten through 12, by 2.30% for a district | ||||||
| 21 | maintaining grades kindergarten through 8, or by 1.05% | ||||||
| 22 | for a district maintaining grades 9 through 12 and | ||||||
| 23 | adjusted by an amount computed by dividing the amount | ||||||
| 24 | of any abatement of taxes under subsection (a) of | ||||||
| 25 | Section 18-165 of the Property Tax Code by the same | ||||||
| 26 | percentage rates for district type as specified in this | ||||||
| |||||||
| |||||||
| 1 | subparagraph (B-5). | ||||||
| 2 | (C) For Organizational Units that are Hybrid | ||||||
| 3 | Districts, the State Superintendent shall use the | ||||||
| 4 | lesser of the adjusted equalized assessed valuation | ||||||
| 5 | for property within the partial elementary unit | ||||||
| 6 | district for elementary purposes, as defined in | ||||||
| 7 | Article 11E of this Code, or the adjusted equalized | ||||||
| 8 | assessed valuation for property within the partial | ||||||
| 9 | elementary unit district for high school purposes, as | ||||||
| 10 | defined in Article 11E of this Code. | ||||||
| 11 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
| 12 | average of its EAV over the immediately preceding 3 years | ||||||
| 13 | or its EAV in the immediately preceding year if the EAV in | ||||||
| 14 | the immediately preceding year has declined by 10% or more | ||||||
| 15 | compared to the 3-year average. In the event of | ||||||
| 16 | Organizational Unit reorganization, consolidation, or | ||||||
| 17 | annexation, the Organizational Unit's Adjusted EAV for the | ||||||
| 18 | first 3 years after such change shall be as follows: the | ||||||
| 19 | most current EAV shall be used in the first year, the | ||||||
| 20 | average of a 2-year EAV or its EAV in the immediately | ||||||
| 21 | preceding year if the EAV declines by 10% or more compared | ||||||
| 22 | to the 2-year average for the second year, and a 3-year | ||||||
| 23 | average EAV or its EAV in the immediately preceding year if | ||||||
| 24 | the adjusted EAV declines by 10% or more compared to the | ||||||
| 25 | 3-year average for the third year. For any school district | ||||||
| 26 | whose EAV in the immediately preceding year is used in | ||||||
| |||||||
| |||||||
| 1 | calculations, in the following year, the Adjusted EAV shall | ||||||
| 2 | be the average of its EAV over the immediately preceding 2 | ||||||
| 3 | years or the immediately preceding year if that year | ||||||
| 4 | represents a decline of 10% or more compared to the 2-year | ||||||
| 5 | average. | ||||||
| 6 | "PTELL EAV" means a figure calculated by the State | ||||||
| 7 | Board for Organizational Units subject to PTELL as | ||||||
| 8 | described in this paragraph (4) for the purposes of | ||||||
| 9 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
| 10 | Except as otherwise provided in this paragraph (4), the | ||||||
| 11 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
| 12 | product of the equalized assessed valuation last used in | ||||||
| 13 | the calculation of general State aid under Section 18-8.05 | ||||||
| 14 | of this Code (now repealed) or Evidence-Based Funding under | ||||||
| 15 | this Section and the Organizational Unit's Extension | ||||||
| 16 | Limitation Ratio. If an Organizational Unit has approved or | ||||||
| 17 | does approve an increase in its limiting rate, pursuant to | ||||||
| 18 | Section 18-190 of the Property Tax Code, affecting the Base | ||||||
| 19 | Tax Year, the PTELL EAV shall be equal to the product of | ||||||
| 20 | the equalized assessed valuation last used in the | ||||||
| 21 | calculation of general State aid under Section 18-8.05 of | ||||||
| 22 | this Code (now repealed) or Evidence-Based Funding under | ||||||
| 23 | this Section multiplied by an amount equal to one plus the | ||||||
| 24 | percentage increase, if any, in the Consumer Price Index | ||||||
| 25 | for All Urban Consumers for all items published by the | ||||||
| 26 | United States Department of Labor for the 12-month calendar | ||||||
| |||||||
| |||||||
| 1 | year preceding the Base Tax Year, plus the equalized | ||||||
| 2 | assessed valuation of new property, annexed property, and | ||||||
| 3 | recovered tax increment value and minus the equalized | ||||||
| 4 | assessed valuation of disconnected property. | ||||||
| 5 | As used in this paragraph (4), "new property" and | ||||||
| 6 | "recovered tax increment value" shall have the meanings set | ||||||
| 7 | forth in the Property Tax Extension Limitation Law. | ||||||
| 8 | (e) Base Funding Minimum calculation. | ||||||
| 9 | (1) For the 2017-2018 school year, the Base Funding | ||||||
| 10 | Minimum of an Organizational Unit or a Specially Funded | ||||||
| 11 | Unit shall be the amount of State funds distributed to the | ||||||
| 12 | Organizational Unit or Specially Funded Unit during the | ||||||
| 13 | 2016-2017 school year prior to any adjustments and | ||||||
| 14 | specified appropriation amounts described in this | ||||||
| 15 | paragraph (1) from the following Sections, as calculated by | ||||||
| 16 | the State Superintendent: Section 18-8.05 of this Code (now | ||||||
| 17 | repealed); Section 5 of Article 224 of Public Act 99-524 | ||||||
| 18 | (equity grants); Section 14-7.02b of this Code (funding for | ||||||
| 19 | children requiring special education services); Section | ||||||
| 20 | 14-13.01 of this Code (special education facilities and | ||||||
| 21 | staffing), except for reimbursement of the cost of | ||||||
| 22 | transportation pursuant to Section 14-13.01; Section | ||||||
| 23 | 14C-12 of this Code (English learners); and Section 18-4.3 | ||||||
| 24 | of this Code (summer school), based on an appropriation | ||||||
| 25 | level of $13,121,600. For a school district organized under | ||||||
| 26 | Article 34 of this Code, the Base Funding Minimum also | ||||||
| |||||||
| |||||||
| 1 | includes (i) the funds allocated to the school district | ||||||
| 2 | pursuant to Section 1D-1 of this Code attributable to | ||||||
| 3 | funding programs authorized by the Sections of this Code | ||||||
| 4 | listed in the preceding sentence; and (ii) the difference | ||||||
| 5 | between (I) the funds allocated to the school district | ||||||
| 6 | pursuant to Section 1D-1 of this Code attributable to the | ||||||
| 7 | funding programs authorized by Section 14-7.02 (non-public | ||||||
| 8 | special education reimbursement), subsection (b) of | ||||||
| 9 | Section 14-13.01 (special education transportation), | ||||||
| 10 | Section 29-5 (transportation), Section 2-3.80 | ||||||
| 11 | (agricultural education), Section 2-3.66 (truants' | ||||||
| 12 | alternative education), Section 2-3.62 (educational | ||||||
| 13 | service centers), and Section 14-7.03 (special education - | ||||||
| 14 | orphanage) of this Code and Section 15 of the Childhood | ||||||
| 15 | Hunger Relief Act (free breakfast program) and (II) the | ||||||
| 16 | school district's actual expenditures for its non-public | ||||||
| 17 | special education, special education transportation, | ||||||
| 18 | transportation programs, agricultural education, truants' | ||||||
| 19 | alternative education, services that would otherwise be | ||||||
| 20 | performed by a regional office of education, special | ||||||
| 21 | education orphanage expenditures, and free breakfast, as | ||||||
| 22 | most recently calculated and reported pursuant to | ||||||
| 23 | subsection (f) of Section 1D-1 of this Code. The Base | ||||||
| 24 | Funding Minimum for Glenwood Academy shall be $625,500. | ||||||
| 25 | (2) For the 2018-2019 and subsequent school years, the | ||||||
| 26 | Base Funding Minimum of Organizational Units and Specially | ||||||
| |||||||
| |||||||
| 1 | Funded Units shall be the sum of (i) the amount of | ||||||
| 2 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
| 3 | Base Funding Minimum for the prior school year, and (iii) | ||||||
| 4 | any amount received by a school district pursuant to | ||||||
| 5 | Section 7 of Article 97 of Public Act 100-21. | ||||||
| 6 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
| 7 | (1) The Evidence-Based Funding formula establishes a | ||||||
| 8 | Percent of Adequacy for each Organizational Unit in order | ||||||
| 9 | to place such units into tiers for the purposes of the | ||||||
| 10 | funding distribution system described in subsection (g) of | ||||||
| 11 | this Section. Initially, an Organizational Unit's | ||||||
| 12 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
| 13 | are calculated pursuant to paragraph (2) of this subsection | ||||||
| 14 | (f). Then, an Organizational Unit's Final Resources and | ||||||
| 15 | Final Percent of Adequacy are calculated to account for the | ||||||
| 16 | Organizational Unit's poverty concentration levels | ||||||
| 17 | pursuant to paragraphs (3) and (4) of this subsection (f). | ||||||
| 18 | (2) An Organizational Unit's Preliminary Resources are | ||||||
| 19 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
| 20 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
| 21 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
| 22 | Resources divided by its Adequacy Target or (ii) 100%. | ||||||
| 23 | (3) Except for Specially Funded Units, an | ||||||
| 24 | Organizational Unit's Final Resources are equal the sum of | ||||||
| 25 | its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
| 26 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
| |||||||
| |||||||
| 1 | Unit shall serve as its Final Resources, except that the | ||||||
| 2 | Base Funding Minimum for State-approved charter schools | ||||||
| 3 | shall not include any portion of general State aid | ||||||
| 4 | allocated in the prior year based on the per capita tuition | ||||||
| 5 | charge times the charter school enrollment. | ||||||
| 6 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
| 7 | is its Final Resources divided by its Adequacy Target. An | ||||||
| 8 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
| 9 | equal to its Base Funding Minimum less its Supplemental | ||||||
| 10 | Grant Funding, with the resulting figure added to the | ||||||
| 11 | product of its Supplemental Grant Funding and Preliminary | ||||||
| 12 | Percent of Adequacy. | ||||||
| 13 | (g) Evidence-Based Funding formula distribution system. | ||||||
| 14 | (1) In each school year under the Evidence-Based | ||||||
| 15 | Funding formula, each Organizational Unit receives funding | ||||||
| 16 | equal to the sum of its Base Funding Minimum and the unit's | ||||||
| 17 | allocation of New State Funds determined pursuant to this | ||||||
| 18 | subsection (g). To allocate New State Funds, the | ||||||
| 19 | Evidence-Based Funding formula distribution system first | ||||||
| 20 | places all Organizational Units into one of 4 tiers in | ||||||
| 21 | accordance with paragraph (3) of this subsection (g), based | ||||||
| 22 | on the Organizational Unit's Final Percent of Adequacy. New | ||||||
| 23 | State Funds are allocated to each of the 4 tiers as | ||||||
| 24 | follows: Tier 1 Aggregate Funding equals 50% of all New | ||||||
| 25 | State Funds, Tier 2 Aggregate Funding equals 49% of all New | ||||||
| 26 | State Funds, Tier 3 Aggregate Funding equals 0.9% of all | ||||||
| |||||||
| |||||||
| 1 | New State Funds, and Tier 4 Aggregate Funding equals 0.1% | ||||||
| 2 | of all New State Funds. Each Organizational Unit within | ||||||
| 3 | Tier 1 or Tier 2 receives an allocation of New State Funds | ||||||
| 4 | equal to its tier Funding Gap, as defined in the following | ||||||
| 5 | sentence, multiplied by the tier's Allocation Rate | ||||||
| 6 | determined pursuant to paragraph (4) of this subsection | ||||||
| 7 | (g). For Tier 1, an Organizational Unit's Funding Gap | ||||||
| 8 | equals the tier's Target Ratio, as specified in paragraph | ||||||
| 9 | (5) of this subsection (g), multiplied by the | ||||||
| 10 | Organizational Unit's Adequacy Target, with the resulting | ||||||
| 11 | amount reduced by the Organizational Unit's Final | ||||||
| 12 | Resources. For Tier 2, an Organizational Unit's Funding Gap | ||||||
| 13 | equals the tier's Target Ratio, as described in paragraph | ||||||
| 14 | (5) of this subsection (g), multiplied by the | ||||||
| 15 | Organizational Unit's Adequacy Target, with the resulting | ||||||
| 16 | amount reduced by the Organizational Unit's Final | ||||||
| 17 | Resources and its Tier 1 funding allocation. To determine | ||||||
| 18 | the Organizational Unit's Funding Gap, the resulting | ||||||
| 19 | amount is then multiplied by a factor equal to one minus | ||||||
| 20 | the Organizational Unit's Local Capacity Target | ||||||
| 21 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
| 22 | 4 receives an allocation of New State Funds equal to the | ||||||
| 23 | product of its Adequacy Target and the tier's Allocation | ||||||
| 24 | Rate, as specified in paragraph (4) of this subsection (g). | ||||||
| 25 | (2) To ensure equitable distribution of dollars for all | ||||||
| 26 | Tier 2 Organizational Units, no Tier 2 Organizational Unit | ||||||
| |||||||
| |||||||
| 1 | shall receive fewer dollars per ASE than any Tier 3 | ||||||
| 2 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
| 3 | Unit shall have its funding allocation divided by its ASE. | ||||||
| 4 | Any Tier 2 Organizational Unit with a funding allocation | ||||||
| 5 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
| 6 | get a funding allocation equal to the greatest Tier 3 | ||||||
| 7 | funding allocation per ASE multiplied by the | ||||||
| 8 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
| 9 | Unit's Tier 2 funding allocation shall be multiplied by the | ||||||
| 10 | percentage calculated by dividing the original Tier 2 | ||||||
| 11 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
| 12 | Unit's Tier 2 funding allocation after adjusting | ||||||
| 13 | districts' funding below Tier 3 levels. | ||||||
| 14 | (3) Organizational Units are placed into one of 4 tiers | ||||||
| 15 | as follows: | ||||||
| 16 | (A) Tier 1 consists of all Organizational Units, | ||||||
| 17 | except for Specially Funded Units, with a Percent of | ||||||
| 18 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
| 19 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
| 20 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
| 21 | Allocation Rate determined pursuant to paragraph (4) | ||||||
| 22 | of this subsection (g). | ||||||
| 23 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
| 24 | other Organizational Units, except for Specially | ||||||
| 25 | Funded Units, with a Percent of Adequacy of less than | ||||||
| 26 | 0.90. | ||||||
| |||||||
| |||||||
| 1 | (C) Tier 3 consists of all Organizational Units, | ||||||
| 2 | except for Specially Funded Units, with a Percent of | ||||||
| 3 | Adequacy of at least 0.90 and less than 1.0. | ||||||
| 4 | (D) Tier 4 consists of all Organizational Units | ||||||
| 5 | with a Percent of Adequacy of at least 1.0. | ||||||
| 6 | (4) The Allocation Rates for Tiers 1 through 4 is | ||||||
| 7 | determined as follows: | ||||||
| 8 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
| 9 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
| 10 | following equation: Tier 2 Aggregate Funding, divided | ||||||
| 11 | by the sum of the Funding Gaps for all Tier 2 | ||||||
| 12 | Organizational Units, unless the result of such | ||||||
| 13 | equation is higher than 1.0. If the result of such | ||||||
| 14 | equation is higher than 1.0, then the Tier 2 Allocation | ||||||
| 15 | Rate is 1.0. | ||||||
| 16 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
| 17 | following equation: Tier 3
Aggregate Funding, divided | ||||||
| 18 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
| 19 | Organizational
Units. | ||||||
| 20 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
| 21 | following equation: Tier 4
Aggregate Funding, divided | ||||||
| 22 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
| 23 | Organizational
Units. | ||||||
| 24 | (5) A tier's Target Ratio is determined as follows: | ||||||
| 25 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
| 26 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
| |||||||
| |||||||
| 1 | with the Tier 1 Allocation Rate. | ||||||
| 2 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
| 3 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
| 4 | (6) If, at any point, the Tier 1 Target Ratio is | ||||||
| 5 | greater than 90%, than all Tier 1 funding shall be | ||||||
| 6 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
| 7 | funding may be identified. | ||||||
| 8 | (7) In the event that all Tier 2 Organizational Units | ||||||
| 9 | receive funding at the Tier 2 Target Ratio level, any | ||||||
| 10 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
| 11 | Tier 4 Organizational Units. | ||||||
| 12 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
| 13 | Academy, recognized by the State Board do not qualify for | ||||||
| 14 | direct funding following the implementation of this | ||||||
| 15 | amendatory Act of the 100th General Assembly from any of | ||||||
| 16 | the funding sources included within the definition of Base | ||||||
| 17 | Funding Minimum, the unqualified portion of the Base | ||||||
| 18 | Funding Minimum shall be transferred to one or more | ||||||
| 19 | appropriate Organizational Units as determined by the | ||||||
| 20 | State Superintendent based on the prior year ASE of the | ||||||
| 21 | Organizational Units. | ||||||
| 22 | (8.5) If a school district withdraws from a special | ||||||
| 23 | education cooperative, the portion of the Base Funding | ||||||
| 24 | Minimum that is attributable to the school district may be | ||||||
| 25 | redistributed to the school district upon withdrawal. The | ||||||
| 26 | school district and the cooperative must include the amount | ||||||
| |||||||
| |||||||
| 1 | of the Base Funding Minimum that is to be re-apportioned in | ||||||
| 2 | their withdrawal agreement and notify the State Board of | ||||||
| 3 | the change with a copy of the agreement upon withdrawal. | ||||||
| 4 | (9) The Minimum Funding Level is intended to establish | ||||||
| 5 | a target for State funding that will keep pace with | ||||||
| 6 | inflation and continue to advance equity through the | ||||||
| 7 | Evidence-Based Funding formula. The target for State | ||||||
| 8 | funding of New Property Tax Relief Pool Funds is | ||||||
| 9 | $50,000,000 for State fiscal year 2019 and subsequent State | ||||||
| 10 | fiscal years. The Minimum Funding Level is equal to | ||||||
| 11 | $350,000,000. In addition to any New State Funds, no more | ||||||
| 12 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
| 13 | counted towards the Minimum Funding Level. If the sum of | ||||||
| 14 | New State Funds and applicable New Property Tax Relief Pool | ||||||
| 15 | Funds are less than the Minimum Funding Level, than funding | ||||||
| 16 | for tiers shall be reduced in the following manner: | ||||||
| 17 | (A) First, Tier 4 funding shall be reduced by an | ||||||
| 18 | amount equal to the difference between the Minimum | ||||||
| 19 | Funding Level and New State Funds until such time as | ||||||
| 20 | Tier 4 funding is exhausted. | ||||||
| 21 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
| 22 | amount equal to the difference between the Minimum | ||||||
| 23 | Funding Level and New State Funds and the reduction in | ||||||
| 24 | Tier 4 funding until such time as Tier 3 funding is | ||||||
| 25 | exhausted. | ||||||
| 26 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
| |||||||
| |||||||
| 1 | amount equal to the difference between the Minimum | ||||||
| 2 | Funding level and new State Funds and the reduction | ||||||
| 3 | Tier 4 and Tier 3. | ||||||
| 4 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
| 5 | amount equal to the difference between the Minimum | ||||||
| 6 | Funding level and New State Funds and the reduction in | ||||||
| 7 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
| 8 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
| 9 | to the Tier 1 allocation rate set by paragraph (4) of | ||||||
| 10 | this subsection (g), multiplied by the result of New | ||||||
| 11 | State Funds divided by the Minimum Funding Level. | ||||||
| 12 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
| 13 | fiscal years, if New State Funds exceed $300,000,000, then | ||||||
| 14 | any amount in excess of $300,000,000 shall be dedicated for | ||||||
| 15 | purposes of Section 2-3.170 of this Code up to a maximum of | ||||||
| 16 | $50,000,000. | ||||||
| 17 | (10) In the event of a decrease in the amount of the | ||||||
| 18 | appropriation for this Section in any fiscal year after | ||||||
| 19 | implementation of this Section, the Organizational Units | ||||||
| 20 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
| 21 | paragraph (3) of this subsection (g), shall be held | ||||||
| 22 | harmless by establishing a Base Funding Guarantee equal to | ||||||
| 23 | the per pupil kindergarten through grade 12 funding | ||||||
| 24 | received in accordance with this Section in the prior | ||||||
| 25 | fiscal year. Reductions shall be
made to the Base Funding | ||||||
| 26 | Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||||||
| |||||||
| |||||||
| 1 | per pupil basis equivalent to the total number of the ASE | ||||||
| 2 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
| 3 | divided by the total reduction in State funding. The Base
| ||||||
| 4 | Funding Minimum as reduced shall continue to be applied to | ||||||
| 5 | Tier 3 and Tier 4
Organizational Units and adjusted by the | ||||||
| 6 | relative formula when increases in
appropriations for this | ||||||
| 7 | Section resume. In no event may State funding reductions to
| ||||||
| 8 | Organizational Units in Tier 3 or Tier 4 exceed an amount | ||||||
| 9 | that would be less than the
Base Funding Minimum | ||||||
| 10 | established in the first year of implementation of this
| ||||||
| 11 | Section. If additional reductions are required, all school | ||||||
| 12 | districts shall receive a
reduction by a per pupil amount | ||||||
| 13 | equal to the aggregate additional appropriation
reduction | ||||||
| 14 | divided by the total ASE of all Organizational Units. | ||||||
| 15 | (11) The State Superintendent shall make minor | ||||||
| 16 | adjustments to the distribution formula set forth in this | ||||||
| 17 | subsection (g) to account for the rounding of percentages | ||||||
| 18 | to the nearest tenth of a percentage and dollar amounts to | ||||||
| 19 | the nearest whole dollar. | ||||||
| 20 | (h) State Superintendent administration of funding and | ||||||
| 21 | district submission requirements. | ||||||
| 22 | (1) The State Superintendent shall, in accordance with | ||||||
| 23 | appropriations made by the General Assembly, meet the | ||||||
| 24 | funding obligations created under this Section. | ||||||
| 25 | (2) The State Superintendent shall calculate the | ||||||
| 26 | Adequacy Target for each Organizational Unit and Net State | ||||||
| |||||||
| |||||||
| 1 | Contribution Target for each Organizational Unit under | ||||||
| 2 | this Section. The State Superintendent shall also certify | ||||||
| 3 | the actual amounts of the New State Funds payable for each | ||||||
| 4 | eligible Organizational Unit based on the equitable | ||||||
| 5 | distribution calculation to the unit's treasurer, as soon | ||||||
| 6 | as possible after such amounts are calculated, including | ||||||
| 7 | any applicable adjusted charge-off increase. No | ||||||
| 8 | Evidence-Based Funding shall be distributed within an | ||||||
| 9 | Organizational Unit without the approval of the unit's | ||||||
| 10 | school board. | ||||||
| 11 | (3) Annually, the State Superintendent shall calculate | ||||||
| 12 | and report to each Organizational Unit the unit's aggregate | ||||||
| 13 | financial adequacy amount, which shall be the sum of the | ||||||
| 14 | Adequacy Target for each Organizational Unit. The State | ||||||
| 15 | Superintendent shall calculate and report separately for | ||||||
| 16 | each Organizational Unit the unit's total State funds | ||||||
| 17 | allocated for its students with disabilities. The State | ||||||
| 18 | Superintendent shall calculate and report separately for | ||||||
| 19 | each Organizational Unit the amount of funding and | ||||||
| 20 | applicable FTE calculated for each Essential Element of the | ||||||
| 21 | unit's Adequacy Target. | ||||||
| 22 | (4) Annually, the State Superintendent shall calculate | ||||||
| 23 | and report to each Organizational Unit the amount the unit | ||||||
| 24 | must expend on special education and bilingual education | ||||||
| 25 | and computer technology and equipment for Organizational | ||||||
| 26 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
| |||||||
| |||||||
| 1 | additional $285.50 per student computer technology and | ||||||
| 2 | equipment investment grant to their Adequacy Target | ||||||
| 3 | pursuant to the unit's Base Funding Minimum, Special | ||||||
| 4 | Education Allocation, Bilingual Education Allocation, and | ||||||
| 5 | computer technology and equipment investment allocation. | ||||||
| 6 | (5) Moneys distributed under this Section shall be | ||||||
| 7 | calculated on a school year basis, but paid on a fiscal | ||||||
| 8 | year basis, with payments beginning in August and extending | ||||||
| 9 | through June. Unless otherwise provided, the moneys | ||||||
| 10 | appropriated for each fiscal year shall be distributed in | ||||||
| 11 | 22 equal payments at least 2 times monthly to each | ||||||
| 12 | Organizational Unit. The State Board shall publish a yearly | ||||||
| 13 | distribution schedule at its meeting in June. If moneys | ||||||
| 14 | appropriated for any fiscal year are distributed other than | ||||||
| 15 | monthly, the distribution shall be on the same basis for | ||||||
| 16 | each Organizational Unit. | ||||||
| 17 | (6) Any school district that fails, for any given | ||||||
| 18 | school year, to maintain school as required by law or to | ||||||
| 19 | maintain a recognized school is not eligible to receive | ||||||
| 20 | Evidence-Based Funding. In case of non-recognition of one | ||||||
| 21 | or more attendance centers in a school district otherwise | ||||||
| 22 | operating recognized schools, the claim of the district | ||||||
| 23 | shall be reduced in the proportion that the enrollment in | ||||||
| 24 | the attendance center or centers bears to the enrollment of | ||||||
| 25 | the school district. "Recognized school" means any public | ||||||
| 26 | school that meets the standards for recognition by the | ||||||
| |||||||
| |||||||
| 1 | State Board. A school district or attendance center not | ||||||
| 2 | having recognition status at the end of a school term is | ||||||
| 3 | entitled to receive State aid payments due upon a legal | ||||||
| 4 | claim that was filed while it was recognized. | ||||||
| 5 | (7) School district claims filed under this Section are | ||||||
| 6 | subject to Sections 18-9 and 18-12 of this Code, except as | ||||||
| 7 | otherwise provided in this Section. | ||||||
| 8 | (8) Each fiscal year, the State Superintendent shall | ||||||
| 9 | calculate for each Organizational Unit an amount of its | ||||||
| 10 | Base Funding Minimum and Evidence-Based Funding that shall | ||||||
| 11 | be deemed attributable to the provision of special | ||||||
| 12 | educational facilities and services, as defined in Section | ||||||
| 13 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
| 14 | with maintenance of State financial support requirements | ||||||
| 15 | under the federal Individuals with Disabilities Education | ||||||
| 16 | Act. An Organizational Unit must use such funds only for | ||||||
| 17 | the provision of special educational facilities and | ||||||
| 18 | services, as defined in Section 14-1.08 of this Code, and | ||||||
| 19 | must comply with any expenditure verification procedures | ||||||
| 20 | adopted by the State Board. | ||||||
| 21 | (9) All Organizational Units in this State must submit | ||||||
| 22 | annual spending plans by the end of September of each year | ||||||
| 23 | to the State Board as part of the annual budget process, | ||||||
| 24 | which shall describe how each Organizational Unit will | ||||||
| 25 | utilize the Base Minimum Funding and Evidence-Based | ||||||
| 26 | funding it receives from this State under this Section with | ||||||
| |||||||
| |||||||
| 1 | specific identification of the intended utilization of | ||||||
| 2 | Low-Income, English learner, and special education | ||||||
| 3 | resources. Additionally, the annual spending plans of each | ||||||
| 4 | Organizational Unit shall describe how the Organizational | ||||||
| 5 | Unit expects to achieve student growth and how the | ||||||
| 6 | Organizational Unit will achieve State education goals, as | ||||||
| 7 | defined by the State Board. The State Superintendent may, | ||||||
| 8 | from time to time, identify additional requisites for | ||||||
| 9 | Organizational Units to satisfy when compiling the annual | ||||||
| 10 | spending plans required under this subsection (h). The | ||||||
| 11 | format and scope of annual spending plans shall be | ||||||
| 12 | developed by the State Superintendent in conjunction with | ||||||
| 13 | the Professional Review Panel. School districts that serve | ||||||
| 14 | students under Article 14C of this Code shall continue to | ||||||
| 15 | submit information as required under Section 14C-12 of this | ||||||
| 16 | Code. | ||||||
| 17 | (10) No later than January 1, 2018, the State | ||||||
| 18 | Superintendent shall develop a 5-year strategic plan for | ||||||
| 19 | all Organizational Units to help in planning for adequacy | ||||||
| 20 | funding under this Section. The State Superintendent shall | ||||||
| 21 | submit the plan to the Governor and the General Assembly, | ||||||
| 22 | as provided in Section 3.1 of the General Assembly | ||||||
| 23 | Organization Act. The plan shall include recommendations | ||||||
| 24 | for: | ||||||
| 25 | (A) a framework for collaborative, professional, | ||||||
| 26 | innovative, and 21st century learning environments | ||||||
| |||||||
| |||||||
| 1 | using the Evidence-Based Funding model; | ||||||
| 2 | (B) ways to prepare and support this State's | ||||||
| 3 | educators for successful instructional careers; | ||||||
| 4 | (C) application and enhancement of the current | ||||||
| 5 | financial accountability measures, the approved State | ||||||
| 6 | plan to comply with the federal Every Student Succeeds | ||||||
| 7 | Act, and the Illinois Balanced Accountability Measures | ||||||
| 8 | in relation to student growth and elements of the | ||||||
| 9 | Evidence-Based Funding model; and | ||||||
| 10 | (D) implementation of an effective school adequacy | ||||||
| 11 | funding system based on projected and recommended | ||||||
| 12 | funding levels from the General Assembly. | ||||||
| 13 | (i) Professional Review Panel. | ||||||
| 14 | (1) A Professional Review Panel is created to study and | ||||||
| 15 | review the implementation and effect of the Evidence-Based | ||||||
| 16 | Funding model under this Section and to recommend continual | ||||||
| 17 | recalibration and future study topics and modifications to | ||||||
| 18 | the Evidence-Based Funding model. The Panel shall elect a | ||||||
| 19 | chairperson and vice chairperson by a majority vote of the | ||||||
| 20 | Panel and shall advance recommendations based on a majority | ||||||
| 21 | vote of the Panel. A minority opinion may also accompany | ||||||
| 22 | any recommendation of the majority of the Panel. The Panel | ||||||
| 23 | shall be appointed by the State Superintendent, except as | ||||||
| 24 | otherwise provided in paragraph (2) of this subsection (i) | ||||||
| 25 | and include the following members: | ||||||
| 26 | (A) Two appointees that represent district | ||||||
| |||||||
| |||||||
| 1 | superintendents, recommended by a statewide | ||||||
| 2 | organization that represents district superintendents. | ||||||
| 3 | (B) Two appointees that represent school boards, | ||||||
| 4 | recommended by a statewide organization that | ||||||
| 5 | represents school boards. | ||||||
| 6 | (C) Two appointees from districts that represent | ||||||
| 7 | school business officials, recommended by a statewide | ||||||
| 8 | organization that represents school business | ||||||
| 9 | officials. | ||||||
| 10 | (D) Two appointees that represent school | ||||||
| 11 | principals, recommended by a statewide organization | ||||||
| 12 | that represents school principals. | ||||||
| 13 | (E) Two appointees that represent teachers, | ||||||
| 14 | recommended by a statewide organization that | ||||||
| 15 | represents teachers. | ||||||
| 16 | (F) Two appointees that represent teachers, | ||||||
| 17 | recommended by another statewide organization that | ||||||
| 18 | represents teachers. | ||||||
| 19 | (G) Two appointees that represent regional | ||||||
| 20 | superintendents of schools, recommended by | ||||||
| 21 | organizations that represent regional superintendents. | ||||||
| 22 | (H) Two independent experts selected solely by the | ||||||
| 23 | State Superintendent. | ||||||
| 24 | (I) Two independent experts recommended by public | ||||||
| 25 | universities in this State. | ||||||
| 26 | (J) One member recommended by a statewide | ||||||
| |||||||
| |||||||
| 1 | organization that represents parents. | ||||||
| 2 | (K) Two representatives recommended by collective | ||||||
| 3 | impact organizations that represent major metropolitan | ||||||
| 4 | areas or geographic areas in Illinois. | ||||||
| 5 | (L) One member from a statewide organization | ||||||
| 6 | focused on research-based education policy to support | ||||||
| 7 | a school system that prepares all students for college, | ||||||
| 8 | a career, and democratic citizenship. | ||||||
| 9 | (M) One representative from a school district | ||||||
| 10 | organized under Article 34 of this Code. | ||||||
| 11 | The State Superintendent shall ensure that the | ||||||
| 12 | membership of the Panel includes representatives from | ||||||
| 13 | school districts and communities reflecting the | ||||||
| 14 | geographic, socio-economic, racial, and ethnic diversity | ||||||
| 15 | of this State. The State Superintendent shall additionally | ||||||
| 16 | ensure that the membership of the Panel includes | ||||||
| 17 | representatives with expertise in bilingual education and | ||||||
| 18 | special education. Staff from the State Board shall staff | ||||||
| 19 | the Panel. | ||||||
| 20 | (2) In addition to those Panel members appointed by the | ||||||
| 21 | State Superintendent, 4 members of the General Assembly | ||||||
| 22 | shall be appointed as follows: one member of the House of | ||||||
| 23 | Representatives appointed by the Speaker of the House of | ||||||
| 24 | Representatives, one member of the Senate appointed by the | ||||||
| 25 | President of the Senate, one member of the House of | ||||||
| 26 | Representatives appointed by the Minority Leader of the | ||||||
| |||||||
| |||||||
| 1 | House of Representatives, and one member of the Senate | ||||||
| 2 | appointed by the Minority Leader of the Senate. There shall | ||||||
| 3 | be one additional member appointed by the Governor. All | ||||||
| 4 | members appointed by legislative leaders or the Governor | ||||||
| 5 | shall be non-voting, ex officio members. | ||||||
| 6 | (3) On an annual basis, the State Superintendent shall | ||||||
| 7 | recalibrate the following per pupil elements of the | ||||||
| 8 | Adequacy Target and applied to the formulas, based on the | ||||||
| 9 | Panel's study of average expenses as reported in the most | ||||||
| 10 | recent annual financial report: | ||||||
| 11 | (A) gifted under subparagraph (M) of paragraph (2) | ||||||
| 12 | of subsection (b) of this Section; | ||||||
| 13 | (B) instructional materials under subparagraph (O) | ||||||
| 14 | of paragraph (2) of subsection (b) of this Section; | ||||||
| 15 | (C) assessment under subparagraph (P) of paragraph | ||||||
| 16 | (2) of subsection (b) of this Section; | ||||||
| 17 | (D) student activities under subparagraph (R) of | ||||||
| 18 | paragraph (2) of subsection (b) of this Section; | ||||||
| 19 | (E) maintenance and operations under subparagraph | ||||||
| 20 | (S) of paragraph (2) of subsection (b) of this Section; | ||||||
| 21 | and | ||||||
| 22 | (F) central office under subparagraph (T) of | ||||||
| 23 | paragraph (2) of subsection (b) of this Section. | ||||||
| 24 | (4) On a periodic basis, the Panel shall study all the | ||||||
| 25 | following elements and make recommendations to the State | ||||||
| 26 | Board, the General Assembly, and the Governor for | ||||||
| |||||||
| |||||||
| 1 | modification of this Section: | ||||||
| 2 | (A) The format and scope of annual spending plans | ||||||
| 3 | referenced in paragraph (9) of subsection (h) of this | ||||||
| 4 | Section. | ||||||
| 5 | (B) The Comparable Wage Index under this Section, | ||||||
| 6 | to be studied by the Panel and reestablished by the | ||||||
| 7 | State Superintendent every 5 years. | ||||||
| 8 | (C) Maintenance and operations. Within 5 years | ||||||
| 9 | after the implementation of this Section, the Panel | ||||||
| 10 | shall make recommendations for the further study of | ||||||
| 11 | maintenance and operations costs, including capital | ||||||
| 12 | maintenance costs, and recommend any additional | ||||||
| 13 | reporting data required from Organizational Units. | ||||||
| 14 | (D) "At-risk student" definition. Within 5 years | ||||||
| 15 | after the implementation of this Section, the Panel | ||||||
| 16 | shall make recommendations for the further study and | ||||||
| 17 | determination of an "at-risk student" definition. | ||||||
| 18 | Within 5 years after the implementation of this | ||||||
| 19 | Section, the Panel shall evaluate and make | ||||||
| 20 | recommendations regarding adequate funding for poverty | ||||||
| 21 | concentration under the Evidence-Based Funding model. | ||||||
| 22 | (E) Benefits. Within 5 years after the | ||||||
| 23 | implementation of this Section, the Panel shall make | ||||||
| 24 | recommendations for further study of benefit costs. | ||||||
| 25 | (F) Technology. The per pupil target for | ||||||
| 26 | technology shall be reviewed every 3 years to determine | ||||||
| |||||||
| |||||||
| 1 | whether current allocations are sufficient to develop | ||||||
| 2 | 21st century learning in all classrooms in this State | ||||||
| 3 | and supporting a one-to-one technological device | ||||||
| 4 | program in each school. Recommendations shall be made | ||||||
| 5 | no later than 3 years after the implementation of this | ||||||
| 6 | Section. | ||||||
| 7 | (G) Local Capacity Target. Within 3 years after the | ||||||
| 8 | implementation of this Section, the Panel shall make | ||||||
| 9 | recommendations for any additional data desired to | ||||||
| 10 | analyze possible modifications to the Local Capacity | ||||||
| 11 | Target, to be based on measures in addition to solely | ||||||
| 12 | EAV and to be completed within 5 years after | ||||||
| 13 | implementation of this Section. | ||||||
| 14 | (H) Funding for Alternative Schools, Laboratory | ||||||
| 15 | Schools, safe schools, and alternative learning | ||||||
| 16 | opportunities programs. By the beginning of the | ||||||
| 17 | 2021-2022 school year, the Panel shall study and make | ||||||
| 18 | recommendations regarding the funding levels for | ||||||
| 19 | Alternative Schools, Laboratory Schools, safe schools, | ||||||
| 20 | and alternative learning opportunities programs in | ||||||
| 21 | this State. | ||||||
| 22 | (I) Funding for college and career acceleration | ||||||
| 23 | strategies. By the beginning of the 2021-2022 school | ||||||
| 24 | year, the Panel shall study and make recommendations | ||||||
| 25 | regarding funding levels to support college and career | ||||||
| 26 | acceleration strategies in high school that have been | ||||||
| |||||||
| |||||||
| 1 | demonstrated to result in improved secondary and | ||||||
| 2 | postsecondary outcomes, including Advanced Placement, | ||||||
| 3 | dual-credit opportunities, and college and career | ||||||
| 4 | pathway systems. | ||||||
| 5 | (J) Special education investments. By the | ||||||
| 6 | beginning of the 2021-2022 school year, the Panel shall | ||||||
| 7 | study and make recommendations on whether and how to | ||||||
| 8 | account for disability types within the special | ||||||
| 9 | education funding category. | ||||||
| 10 | (K) Early childhood investments. In collaboration | ||||||
| 11 | with the Illinois Early Learning Council, the Panel | ||||||
| 12 | shall include an analysis of what level of Preschool | ||||||
| 13 | for All Children funding would be necessary to serve | ||||||
| 14 | all children ages 0 through 5 years in the | ||||||
| 15 | highest-priority service tier, as specified in | ||||||
| 16 | paragraph (4.5) of subsection (a) of Section 2-3.71 of | ||||||
| 17 | this Code, and an analysis of the potential cost | ||||||
| 18 | savings that that level of Preschool for All Children | ||||||
| 19 | investment would have on the kindergarten through | ||||||
| 20 | grade 12 system. | ||||||
| 21 | (5) Within 5 years after the implementation of this | ||||||
| 22 | Section, the Panel shall complete an evaluative study of | ||||||
| 23 | the entire Evidence-Based Funding model, including an | ||||||
| 24 | assessment of whether or not the formula is achieving State | ||||||
| 25 | goals. The Panel shall report to the State Board, the | ||||||
| 26 | General Assembly, and the Governor on the findings of the | ||||||
| |||||||
| |||||||
| 1 | study. | ||||||
| 2 | (6) Within 3 years after the implementation of this | ||||||
| 3 | Section, the Panel shall evaluate and provide | ||||||
| 4 | recommendations to the Governor and the General Assembly on | ||||||
| 5 | the hold-harmless provisions of this Section found in the | ||||||
| 6 | Base Funding Minimum. | ||||||
| 7 | (j) References. Beginning July 1, 2017, references in other | ||||||
| 8 | laws to general State aid funds or calculations under Section | ||||||
| 9 | 18-8.05 of this Code (now repealed) shall be deemed to be | ||||||
| 10 | references to evidence-based model formula funds or | ||||||
| 11 | calculations under this Section.
| ||||||
| 12 | (Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18; | ||||||
| 13 | 100-582, eff. 3-23-18.)
| ||||||
| 14 | (105 ILCS 5/28-1) (from Ch. 122, par. 28-1)
| ||||||
| 15 | Sec. 28-1. Copies and prices filed - Bond. No publisher or | ||||||
| 16 | retail dealer person shall offer any school instructional | ||||||
| 17 | materials for
adoption, sale, or exchange in the State until it | ||||||
| 18 | he has complied with the
following conditions:
| ||||||
| 19 | 1. The publisher or retail dealer shall publish on its | ||||||
| 20 | website by July 15 each year a sworn statement He shall file | ||||||
| 21 | with the State Board of Education, annually, by July
15, a | ||||||
| 22 | sworn statement of the usual list
price, the lowest net | ||||||
| 23 | wholesale price, and the lowest net exchange price
at which the | ||||||
| 24 | material is sold or exchanged for old material on the same
| ||||||
| 25 | subject of like grade and kind but of a different series taken | ||||||
| |||||||
| |||||||
| 1 | in part
payment thereof.
| ||||||
| 2 | 2. The publisher or retail dealer shall obtain He shall | ||||||
| 3 | file with the State Board of Education a
bond payable to the | ||||||
| 4 | People of the State of Illinois with a surety
company | ||||||
| 5 | authorized to do business in the State of Illinois as surety
| ||||||
| 6 | thereon , in a penal sum to be determined by the State Board of | ||||||
| 7 | Education,
of not less than $2,000 $2000 nor more than $10,000 | ||||||
| 8 | conditioned as
follows:
| ||||||
| 9 | (a) That the publisher or retail dealer he will furnish | ||||||
| 10 | annually any of the materials listed on the sworn statement on | ||||||
| 11 | its website in any
annual statement filed by him to any school | ||||||
| 12 | district and any school
corporation in this State at the lowest | ||||||
| 13 | net prices contained in the
statements and that it he will | ||||||
| 14 | maintain said prices uniformly throughout
the State.
| ||||||
| 15 | (b) That the publisher or retail dealer he will reduce such | ||||||
| 16 | net prices in Illinois whenever they
are reduced elsewhere in | ||||||
| 17 | the United States, and shall publish on its website that he | ||||||
| 18 | will file with
the State Board of Education a sworn statement
| ||||||
| 19 | of reductions made elsewhere, so that at no time shall any | ||||||
| 20 | instructional
material so filed and listed by the publisher or | ||||||
| 21 | retail dealer him be sold in this State at a higher
net price | ||||||
| 22 | than is received for such material elsewhere in the United
| ||||||
| 23 | States.
| ||||||
| 24 | (c) The publisher or retail dealer He shall not enter into | ||||||
| 25 | any understanding, agreement or
combination to control the | ||||||
| 26 | prices or to restrict competition in the sale
of instructional | ||||||
| |||||||
| |||||||
| 1 | materials.
| ||||||
| 2 | (Source: P.A. 81-1508.)
| ||||||
| 3 | (105 ILCS 5/28-4) (from Ch. 122, par. 28-4)
| ||||||
| 4 | Sec. 28-4. Notice of violations - Proceedings for | ||||||
| 5 | forfeiture of bond. The school board of each district wherein | ||||||
| 6 | the instructional materials
listed under the provisions of this | ||||||
| 7 | Article have been adopted shall
notify the State Board of | ||||||
| 8 | Education
of any violation of any
of the conditions contained | ||||||
| 9 | in said bond. The State Board of Education may
shall thereupon | ||||||
| 10 | notify the person
guilty of the violation
and if such person | ||||||
| 11 | disregards the notification and fails to comply with
the | ||||||
| 12 | requirements of the contract, the State Board of Education may | ||||||
| 13 | shall
institute legal proceedings for the forfeiture of the
| ||||||
| 14 | bond.
| ||||||
| 15 | (Source: P.A. 81-1508.)
| ||||||
| 16 | (105 ILCS 5/28-7) (from Ch. 122, par. 28-7)
| ||||||
| 17 | Sec. 28-7. Retail prices of books. It is unlawful for any | ||||||
| 18 | retail dealer in textbooks to sell any books
listed on the | ||||||
| 19 | sworn statement published on the retail dealer's website with | ||||||
| 20 | the State Board of Education at a price to
exceed a 15% advance | ||||||
| 21 | on the net prices as so listed.
| ||||||
| 22 | (Source: P.A. 81-1508.)
| ||||||
| 23 | (105 ILCS 5/28-8) (from Ch. 122, par. 28-8) | ||||||
| |||||||
| |||||||
| 1 | Sec. 28-8. Purchase by districts for resale at cost. School | ||||||
| 2 | districts may purchase textbooks and electronic textbooks and | ||||||
| 3 | the technological equipment necessary to gain access to and use | ||||||
| 4 | electronic textbooks from the publishers and manufacturers at | ||||||
| 5 | the
prices listed on the sworn statement published on the | ||||||
| 6 | retail dealer's website with the State Board of Education and | ||||||
| 7 | sell
them to the pupils at the listed prices or at such prices | ||||||
| 8 | as will
include the cost of transportation and handling. | ||||||
| 9 | (Source: P.A. 96-1403, eff. 7-29-10.)
| ||||||
| 10 | (105 ILCS 5/28-9) (from Ch. 122, par. 28-9) | ||||||
| 11 | Sec. 28-9. Purchase by districts - Designation of agent for | ||||||
| 12 | sale. School districts may purchase out of contingent funds | ||||||
| 13 | school
textbooks or electronic textbooks, instructional | ||||||
| 14 | materials, and the technological equipment necessary to gain | ||||||
| 15 | access to and use electronic textbooks from the publishers and | ||||||
| 16 | manufacturers at the prices listed on the sworn statement | ||||||
| 17 | published on the retail dealer's website with the
State Board | ||||||
| 18 | of Education and
may designate a retail dealer
or dealers to | ||||||
| 19 | act as the agent of the district in selling them to
pupils. | ||||||
| 20 | Such dealers shall at stated times make settlement with the
| ||||||
| 21 | district for books sold. Such dealers shall not sell textbooks | ||||||
| 22 | at prices
which exceed a 10% advance on the net prices as | ||||||
| 23 | listed on the sworn statement with the
State Board of | ||||||
| 24 | Education. | ||||||
| 25 | (Source: P.A. 96-1403, eff. 7-29-10.)
| ||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| 1 | (105 ILCS 5/28-21) (from Ch. 122, par. 28-21) | |||||||||||||||||||||||||
| 2 | Sec. 28-21. The State Board of Education shall require each | |||||||||||||||||||||||||
| 3 | publisher
of any printed textbook or electronic textbook that | |||||||||||||||||||||||||
| 4 | is listed for use by the State Board of Education under
this | |||||||||||||||||||||||||
| 5 | Article or that is furnished at public expense under Sections | |||||||||||||||||||||||||
| 6 | 28-14
through 28-19 and is first published after July 19, 2006 | |||||||||||||||||||||||||
| 7 | to furnish, as provided in this Section, an accessible | |||||||||||||||||||||||||
| 8 | electronic file set of contracted print material to the | |||||||||||||||||||||||||
| 9 | National Instructional Materials Access Center, which shall | |||||||||||||||||||||||||
| 10 | then be available to the State Board of Education or its | |||||||||||||||||||||||||
| 11 | authorized user for the purpose of conversion to an accessible | |||||||||||||||||||||||||
| 12 | format for use by a child with a print disability and for | |||||||||||||||||||||||||
| 13 | distribution to local education agencies. An "accessible | |||||||||||||||||||||||||
| 14 | electronic file" means a file that conforms to specifications | |||||||||||||||||||||||||
| 15 | of the national file format adopted by the United States | |||||||||||||||||||||||||
| 16 | Department of Education. Other terms used in this Section shall | |||||||||||||||||||||||||
| 17 | be construed in compliance with the federal Individuals with | |||||||||||||||||||||||||
| 18 | Disabilities Education Act and related regulations. | |||||||||||||||||||||||||
| 19 | (Source: P.A. 95-415, eff. 8-24-07; 96-1403, eff. 7-29-10.)
| |||||||||||||||||||||||||
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