Rep. William Davis
Filed: 8/28/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1947




2 AMENDMENT NO. ______. Amend Senate Bill 1947 by inserting 
3immediately above the enacting clause the following:


4 "WHEREAS, This Act may be referred to as the Evidence-Based 
5Funding for Student Success Act; therefore"; and

6by replacing everything after the enacting clause with the 
7following:

8 "Section 1. Short title. This Act may be cited as the 
9Invest in Kids Act.

10 Section 5. Definitions. As used in this Act:
11 "Authorized contribution" means the contribution amount 
12that is listed on the contribution authorization certificate 
13issued to the taxpayer.

14 "Board" means the State Board of Education.

 
 
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1 "Contribution" means a donation made by the taxpayer during 
2the taxable year for providing scholarships as provided in this 
3Act.
4 "Custodian" means, with respect to eligible students, an 
5Illinois resident who is a parent or legal guardian of the 
6eligible student or students.

7 "Department" means the Department of Revenue.
8 "Eligible student" means a child who:

9  (1) is a member of a household whose federal adjusted 
10 gross income the year before he or she
initially receives a 
11 scholarship under this program, as determined by the 
12 Department, does not exceed 300% of the federal poverty

13 level and, once the child receives a scholarship, does not 
14 exceed 400% of the federal poverty
level;

15  (2) is eligible to attend a public elementary school or 
16 high school in Illinois in the semester immediately 
17 preceding the semester for which he or she first receives a 
18 scholarship or is
starting school in Illinois for the first 
19 time when he or she first receives a scholarship; and

20  (3) resides in Illinois while receiving a scholarship.
21 "Family member" means a parent, child, or sibling, whether 
22by whole blood, half blood, or adoption; spouse; or stepchild.
23 "Focus district" means a school district which has a school 
24that is either (i) a school that has one or more subgroups in 
25which the average student performance is at or below the State 
26average for the lowest 10% of student performance in that 
 
 
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1subgroup or (ii) a school with an average graduation rate of 
2less than 60% and not identified for priority.

3 "Necessary costs and fees" includes the customary charge 
4for instruction and use of facilities in general
and the 
5additional fixed fees charged for specified purposes that are 
6required generally of non-scholarship recipients for each 
7academic period for which the scholarship applicant actually 
8enrolls, including costs associated with student assessments, 
9but does not
include fees payable only once and other 
10contingent deposits that are refundable in whole or in part. 
11The Board may prescribe, by rules consistent with this Act, 
12detailed provisions concerning the computation of necessary 
13costs and fees.

14 "Scholarship granting organization" means an entity that:

15  (1) is exempt from taxation under Section 501(c)(3) of 
16 the Internal Revenue Code;

17  (2) uses at least 95% of the qualified contributions 
18 received during a taxable year for scholarships;

19  (3) provides scholarships to students according to the 
20 guidelines of this Act;

21  (4) deposits and holds qualified contributions and any 
22 income derived from qualified contributions
in an account 
23 that is separate from the organization's operating fund or 
24 other funds until such qualified contributions or income 
25 are withdrawn for use; and

26  (5) is approved to issue certificates of receipt.

 
 
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1 "Qualified contribution" means the authorized contribution 
2made by a taxpayer to a scholarship granting organization for 
3which the taxpayer has received a certificate of receipt from 
4such organization.

5 "Qualified school" means a non-public school located in 
6Illinois and recognized by the Board pursuant to Section 
72-3.25o of the School Code.

8 "Scholarship" means an educational scholarship awarded to 
9an eligible student to attend a qualified school
of their 
10custodians' choice in an amount not exceeding the necessary 
11costs and fees to attend that school.

12 "Taxpayer" means any individual, corporation, partnership, 
13trust, or other entity subject to the Illinois income tax. For 
14the purposes of this Act, 2 individuals filing a joint return 
15shall be considered one taxpayer.

16 Section 10. Credit awards. 
17 (a) The Department shall award credits against the tax 
18imposed under subsections (a) and (b) of Section 201 of the 
19Illinois Income Tax Act to taxpayers who make qualified 
20contributions. For contributions made under this Act, the 
21credit shall be equal to 75% of the total amount of
qualified 
22contributions made by the taxpayer during a taxable year, not 
23to exceed a credit of $1,000,000 per taxpayer.

24 (b) The aggregate amount of all credits the Department may 
25award under this Act in any calendar year may not exceed 
 
 
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1$75,000,000. 
2 (c) Contributions made by corporations (including 
3Subchapter S corporations), partnerships, and trusts under 
4this Act may not be directed to a particular subset of schools, 
5a particular school, a particular group of students, or a 
6particular student.
Contributions made by individuals under 
7this Act may be directed to a particular subset of schools or a 
8particular school but may not be directed to a particular group 
9of students or a particular student.
10 (d) No credit shall be taken under this Act for any 
11qualified contribution for which the taxpayer claims a federal 
12income tax deduction.
13 (e) Credits shall be awarded in a manner, as determined by 
14the Department, that is geographically proportionate to 
15enrollment in recognized non-public schools in Illinois. If the 
16cap on the aggregate credits that may be awarded by the 
17Department is not reached by June 1 of a given year, the 
18Department shall award remaining credits on a first-come, 
19first-served basis, without regard to the limitation of this 
20subsection.

21 Section 15. Approval to issue certificates of receipt. 
22 (a) A scholarship granting organization shall submit an 
23application for approval to issue certificates of receipt in 
24the form and manner prescribed by the Department, provided that 
25each application shall include:

 
 
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1  (1) documentary evidence that the scholarship granting 
2 organization has been granted an exemption from taxation 
3 under Section 501(c)(3) of the Internal Revenue Code;

4  (2) certification that all qualified contributions and 
5 any income derived from qualified contributions are 
6 deposited and held in an account that is separate from the 
7 scholarship granting organization's operating or other 
8 funds until such qualified contributions or income are 
9 withdrawn for use;

10  (3) certification that the scholarship granting 
11 organization will use at least 95% of its annual revenue 
12 from qualified contributions for scholarships;

13  (4) certification that the scholarship granting 
14 organization will provide scholarships to eligible 
15 students;

16  (5) a list of the names and addresses of all members of 
17 the governing board of the scholarship granting 
18 organization; and

19  (6) a copy of the most recent financial audit of the 
20 scholarship granting organization's accounts and records 
21 conducted by an independent certified public accountant in 
22 accordance with auditing standards generally accepted in 
23 the United States, government auditing standards, and 
24 rules adopted by the Department.

25 (b) A scholarship granting organization whose owner or 
26operator in the last 7 years has filed for personal bankruptcy 
 
 
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1or corporate bankruptcy in a corporation of which he or she 
2owned more than 20% shall not be eligible to provide 
3scholarships.

4 (c) A scholarship granting organization must not have an 
5owner or operator who owns or operates a qualified school or 
6has a family member who is a paid staff or board member of a 
7participating qualified school.

8 (d) A scholarship granting organization shall comply with 
9the anti-discrimination provisions of 42 U.S.C. 2000d.

10 (e) The Department shall review and either approve or deny 
11each application to issue certificates of receipt pursuant to 
12this Act. Approval or denial of an application shall be made on 
13a periodic basis. Applicants shall be notified of the 
14Department's determination within 30 business days after the 
15application is received.

16 (f) No scholarship granting organization shall issue any 
17certificates of receipt without first being approved to issue 
18certificates of receipt.

19 Section 20. Annual review. 
20 (a) Each scholarship granting organization that receives 
21approval to issue certificates of receipt shall file an 
22application for recertification on an annual basis. Such 
23application for recertification shall be in the form and manner 
24prescribed by the Department and shall include:

25  (1) certification from the Director or Chief Executive 
 
 
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1 Officer of the organization that the organization has 
2 complied with and continues to comply with the requirements 
3 of this Act, including evidence of that compliance; and

4  (2) a copy of the organization's current financial 
5 statements.

6 (b) The Department may revoke the approval of a scholarship 
7granting organization to issue certificates of receipt upon a 
8finding that the organization has violated this Act or any 
9rules adopted under this Act. These violations shall include, 
10but need not be limited to, any of the following: 
11  (1) failure to meet the requirements of this Act;

12  (2) failure to maintain full and adequate records with 
13 respect to the receipt of qualified contributions;

14  (3) failure to supply such records to the Department; 
15 or

16  (4) failure to provide notice to the Department of the 
17 issuance of certificates of receipt pursuant to Section 35 
18 of this Act.

19 (c) Within 5 days after the determination to revoke 
20approval, the Department shall provide notice of the 
21determination to the scholarship granting organization and 
22information regarding the process to request a hearing to 
23appeal the determination.


24 Section 25. Contribution authorization certificates. 
25 (a) A taxpayer shall not be allowed a credit pursuant to 
 
 
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1this Act for any contribution to a scholarship granting 
2organization that was made prior to the Department's issuance 
3of a contribution authorization certificate for such 
4contribution to the taxpayer.

5 (b) Prior to making a contribution to a scholarship 
6granting organization, the taxpayer shall apply to the 
7Department for a contribution authorization certificate.
8 (c) A taxpayer who makes more than one contribution to a 
9scholarship granting organization must make a separate 
10application for each such contribution authorization 
11certificate. The application shall be in the form and manner 
12prescribed by the Department, provided that the application 
13includes:

14  (1) the taxpayer's name and address;

15  (2) the amount the taxpayer will contribute; and
16  (3) any other information the Department deems 
17 necessary.
18 (d) The Department may allow taxpayers to make multiple 
19applications on the same form, provided that each application 
20shall be treated as a separate application.

21 (e) The Department shall issue credit authorization 
22certificates on a first-come, first-served basis based upon the 
23date that the Department received the taxpayer's application 
24for the certificate subject to the provisions of subsection (e) 
25of Section 10 of this Act.

26 (f) A taxpayer's aggregate authorized contribution amount 
 
 
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1as listed on one or more authorized contribution certificates 
2issued to the taxpayer shall not exceed the aggregate of the 
3amounts listed on the taxpayer's applications submitted in 
4accordance with this Section.

5 (g) Each contribution authorization certificate shall 
6state: 
7  (1) the date such certificate was issued;

8  (2) the date by which the authorized contributions 
9 listed in the certificate must be made, which shall be 60 
10 days from the date of the issuance of a credit 
11 authorization certificate;

12  (3) the total amount of authorized contributions;
and
13  (4) any other information the Department deems 
14 necessary.

15 (h) Credit authorization certificates shall be mailed to 
16the appropriate taxpayers within 3 business days after their 
17issuance.

18 (i) A taxpayer may rescind all or part of an authorized 
19contribution approved under this Act by providing written 
20notice to the Department. Amounts rescinded shall no longer be 
21deducted from the cap prescribed in Section 10 of this Act.
22 (j) The Department shall maintain on its website a running 
23total of the amount of credits for which taxpayers may make 
24applications for contribution authorization certification. The 
25running total shall be updated every business day.


 
 
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1 Section 30. Certificates of receipt. 
2 (a) No scholarship granting organization shall issue a 
3certificate of receipt for any qualified contribution made by a 
4taxpayer under this Act unless that scholarship granting 
5organization has been approved to issue certificates of receipt 
6pursuant to Section 15 of this Act.

7 (b) No scholarship granting organization shall issue a 
8certificate of receipt for a contribution made by a taxpayer 
9unless the taxpayer has been issued a credit authorization 
10certificate by the Department.
11 (c) If a taxpayer makes a contribution to a scholarship 
12granting organization prior to the date by which the authorized 
13contribution shall be made, the scholarship granting 
14organization shall, within 30 days of receipt of the authorized 
15contribution, issue to the taxpayer a written certificate of 
16receipt.

17 (d) If a taxpayer fails to make all or a portion of a 
18contribution prior to the date by which such authorized 
19contribution is required to be made, the taxpayer shall not be 
20entitled to a certificate of receipt for that portion of the 
21authorized contribution not made.
22 (e) Each certificate of receipt shall state:

23  (1) the name and address of the issuing scholarship 
24 granting organization;

25  (2) the taxpayer's name and address;

26  (3) the date for each qualified contribution;
 
 
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1  (4) the amount of each qualified contribution;
2  (5) the total qualified contribution amount; and

3  (6) any other information that the Department may deem 
4 necessary.

5 (f) Upon the issuance of a certificate of receipt, the 
6issuing scholarship granting organization shall, within 10 
7days after issuing the certificate of receipt, provide the 
8Department with notification of the issuance of such 
9certificate in the form and manner prescribed by the 
10Department, provided that such notification shall include:

11  (1) the taxpayer's name and address;

12  (2) the date of the issuance of a certificate of 
13 receipt;

14  (3) the qualified contribution date or dates and the 
15 amounts contributed on such dates;

16  (4) the total qualified contribution listed on such 
17 certificates;

18  (5) the issuing scholarship granting organization's 
19 name and address; and

20  (6) any other information the Department may deem 
21 necessary.

22 (g) Any portion of a contribution that a taxpayer fails to 
23make by the date indicated on the authorized contribution 
24certificate shall no longer be deducted from the cap prescribed 
25in Section 10 of this Act.

 
 
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1 Section 35. Reports. 
2 (a) Within 180 days after the end of its fiscal year, each 
3scholarship granting organization must provide to the 
4Department a copy of a financial audit of its accounts and 
5records conducted by an independent certified public 
6accountant in accordance with auditing standards generally 
7accepted in the United States, government auditing standards, 
8and rules adopted by the Department. The audit must include a 
9report on financial statements presented in accordance with 
10generally accepted accounting principles. The audit must 
11include evidence that no less than 95% of qualified 
12contributions received were used to provide scholarships to 
13eligible students. The Department shall review all audits 
14submitted pursuant to this subsection. The Department shall 
15request any significant items that were omitted in violation of 
16a rule adopted by the Department. The items must be provided 
17within 45 days after the date of request. If a scholarship 
18granting organization does not comply with the Department's 
19request, the Department may revoke the scholarship granting 
20organization's ability to issue certificates of receipt.
21 (b) A scholarship granting organization that is approved to 
22receive qualified contributions shall report to the 
23Department, on a form prescribed by the Department, by January 
2431 of each calendar year. The report shall include:

25  (1) the total number of certificates of receipt issued 
26 during the immediately preceding calendar year;

 
 
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1  (2) the total dollar amount of qualified contributions 
2 received, as set forth in the certificates of receipt 
3 issued during the immediately preceding calendar year;

4  (3) the total number of eligible students utilizing 
5 scholarships for the immediately preceding calendar year 
6 and the school year in progress and the total dollar value 
7 of the scholarships;

8  (4) the name and address of each qualified school for 
9 which scholarships using qualified contributions were 
10 issued during the immediately preceding calendar year, 
11 detailing the number, grade, race, gender, income level, 
12 and residency by Zip Code of eligible students and the 
13 total dollar value of
scholarships being utilized at each 
14 qualified school by priority group, as identified in 
15 subsection (d) of Section 40 of this Act; and

16  (5) any additional information requested by the 
17 Department.

18 (c) On or before the last day of March for each calendar 
19year, for the immediately preceding calendar year, the 
20Department shall submit a written report to the Governor, the 
21President of the Senate, the Speaker of the House of 
22Representatives, the Minority Leader of the Senate, and the 
23Minority Leader of the House of Representatives regarding this 
24Act. The report shall include, but not be limited to, the 
25following information:
26  (1) the names and addresses of all scholarship granting 
 
 
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1 organizations approved to issue certificates of receipt;
2  (2) the number and aggregate total of certificates of 
3 receipt issued by each scholarship granting organization; 
4 and
5  (3) the information reported to the Department 
6 required by subsection (b) of this Section.
7 (d) The sharing and reporting of student data under this 
8Section must be in accordance with the requirements of the 
9Family Educational Rights and Privacy Act and the Illinois 
10School Student Records Act. All parties must preserve the 
11confidentiality of such information as required by law. Data 
12reported by the Department under subsection (c) of this Section 
13must not disaggregate data to a level that will disclose 
14demographic data of individual students.

15 Section 40. Scholarship granting organization 
16responsibilities. 
17 (a) Before granting a scholarship for an academic year, all 
18scholarship granting organizations shall assess and document 
19each student's eligibility for the academic year.

20 (b) A scholarship granting organization shall grant 
21scholarships only to eligible students.

22 (c) A scholarship granting organization shall allow an 
23eligible student to attend any qualified school of the 
24student's choosing, subject to the availability of funds.

25 (d) In granting scholarships, a scholarship granting 
 
 
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1organization shall give priority to the following priority 
2groups:
3  (1) eligible students who received a scholarship from a 
4 scholarship granting organization during the previous 
5 school year;

6  (2) eligible students who are members of a household 
7 whose previous year's total annual income does not exceed 
8 185% of the federal poverty level;

9  (3) eligible students who reside within a focus 
10 district; and

11  (4) eligible students who are siblings of students 
12 currently receiving a scholarship.

13 (d-5) A scholarship granting organization shall begin 
14granting scholarships no later than February 1 preceding the 
15school year for which the scholarship is sought. The priority 
16groups identified in subsection (d) of this Section shall be 
17eligible to receive scholarships on a first-come, first-served 
18basis until the April 1 immediately preceding the school year 
19for which the scholarship is sought. Applications for 
20scholarships for eligible students meeting the qualifications 
21of one or more priority groups that are received before April 1 
22must be either approved or denied within 10 business days after 
23receipt. Beginning April 1, all eligible students shall be 
24eligible to receive scholarships without regard to the priority 
25groups identified in subsection (d) of this Section.
26 (e) Except as provided in subsection (e-5) of this Section, 
 
 
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1scholarships shall not exceed the lesser of (i) the statewide 
2average operational expense per
student among public schools or 
3(ii) the necessary costs and fees for attendance at the 
4qualified school.
Scholarships shall be prorated as follows:
5  (1) for eligible students whose household income is 
6 less than 185% of the federal poverty level, the 
7 scholarship shall be 100% of the amount determined pursuant 
8 to this subsection (e) and subsection (e-5) of this 
9 Section;
10  (2) for eligible students whose household income is 
11 185% or more of the federal poverty level but less than 
12 250% of the federal poverty level, the average of 
13 scholarships shall be 75% of the amount determined pursuant 
14 to this subsection (e) and subsection (e-5) of this 
15 Section; and
16  (3) for eligible students whose household income is 
17 250% or more of the federal poverty level, the average of 
18 scholarships shall be 50% of the amount determined pursuant 
19 to this subsection (e) and subsection (e-5) of this 
20 Section.
21 (e-5) The statewide average operational expense per 
22student among public schools shall be multiplied by the 
23following factors:
24  (1) for students determined eligible to receive 
25 services under the federal Individuals with Disabilities 
26 Education Act, 2;
 
 
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1  (2) for students who are English learners, as defined 
2 in subsection (d) of Section 14C-2 of the School Code, 1.2; 
3 and
4  (3) for students who are gifted and talented children, 
5 as defined in Section 14A-20 of the School Code, 1.1.
6 (f) A scholarship granting organization shall distribute 
7scholarship payments to the participating school where the 
8student is enrolled.

9 (g) For the 2018-2019 school year through the 2021-2022 
10school year, each scholarship granting organization shall 
11expend no less than 75% of the qualified contributions received 
12during the calendar year in which the qualified contributions 
13were received. No more than 25% of the
qualified contributions 
14may be carried forward to the following calendar year.

15 (h) For the 2022-2023 school year, each scholarship 
16granting organization shall expend all qualified contributions 
17received during the calendar year in which the qualified 
18contributions were
received. No qualified contributions may be 
19carried forward to the following calendar year.

20 (i) A scholarship granting organization shall allow an 
21eligible student to transfer a scholarship during a school year 
22to any other participating school of the custodian's choice. 
23Such scholarships shall be prorated.

24 (j) With the prior approval of the Department, a 
25scholarship granting organization may transfer funds to 
26another scholarship granting organization if additional funds 
 
 
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1are required to meet scholarship demands at the receiving 
2scholarship granting organization. All transferred funds must 
3be
deposited by the receiving scholarship granting 
4organization into its scholarship accounts. All transferred 
5amounts received by any scholarship granting organization must 
6be separately
disclosed to the Department.

7 (k) If the approval of a scholarship granting organization 
8is revoked as provided in Section 20 of this Act or the 
9scholarship granting organization is dissolved, all remaining 
10qualified contributions of the scholarship granting 
11organization shall be transferred to another scholarship 
12granting organization. All transferred funds must be deposited 
13by the receiving scholarship granting organization into its 
14scholarship accounts.
15 (l) Scholarship granting organizations shall make 
16reasonable efforts to advertise the availability of 
17scholarships to eligible students.

18 Section 45. State Board responsibilities. 
19 (a) Beginning in the 2019-2020 school year, students who 
20have been granted a scholarship under this Act shall be 
21annually assessed at the qualified school where the student 
22attends school in the same manner in which students that attend 
23public schools are annually assessed pursuant to Section 
242-3.64a-5 of the School Code. Such qualified school shall pay 
25costs associated with this requirement.
 
 
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1 (b) The Board shall select an independent research 
2organization, which may be a public or private entity or 
3university, to which participating qualified schools must 
4report the scores of students who are receiving scholarships 
5and are assessed pursuant to subsection (a) of this Section. 
6Costs associated with the independent research organization 
7shall be paid by the scholarship granting organizations on a 
8per-pupil basis or by gifts, grants, or donations received by 
9the Board under subsection (d) of this Section, as determined 
10by the Board. The independent research organization must 
11annually report to the Board on the year-to-year learning gains 
12of students receiving scholarships on a statewide basis. The 
13report shall also include, to the extent possible, a comparison 
14of these learning gains to the statewide learning gains of 
15public school students with socioeconomic backgrounds similar 
16to those of students receiving scholarships. The annual report 
17shall be delivered to the Board and published on its website. 
18 (c) Beginning within 120 days after the Board first 
19receives the annual report by the independent research 
20organization as provided in subsection (b) of this Section and 
21on an annual basis thereafter, the Board shall submit a written 
22report to the Governor, the President of the Senate, the 
23Speaker of the House of Representatives, the Minority Leader of 
24the Senate, and the Minority Leader of the House of 
25Representatives regarding this Act. Such report shall include 
26an evaluation of the academic performance of students receiving 
 
 
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1scholarships and recommendations for improving student 
2performance.
3 (d) Subject to the State Officials and Employees Ethics 
4Act, the Board may receive and expend gifts, grants, and 
5donations of any kind from any public or private entity to 
6carry out the purposes of this Section, subject to the terms 
7and conditions under which the gifts are given, provided that 
8all such terms and conditions are permissible under law. 
9 (e) The sharing and reporting of student learning gain data 
10under this Section must be in accordance with requirements of 
11the Family Educational Rights and Privacy Act and the Illinois 
12School Student Records Act. All parties must preserve the 
13confidentiality of such information as required by law. The 
14annual report must not disaggregate data to a level that will 
15disclose the academic level of individual students.

16 Section 50. Qualified school responsibilities. A qualified 
17school that accepts scholarship students must do all of the 
18following:
19  (1) provide to a scholarship granting organization, 
20 upon request, all documentation required for the student's 
21 participation, including the non-public school's cost and 
22 student's fee schedules;
23  (2) be academically accountable to the custodian for 
24 meeting the educational needs of the student by:
25   (A) at a minimum, annually providing to the 
 
 
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1 custodian a written explanation of the student's 
2 progress; and
3   (B) annually administering assessments required by 
4 subsection (a) of Section 45 of this Act in the same 
5 manner in which they are administered at public schools 
6 pursuant to Section 2-3.64a-5 of the School Code; the 
7 Board shall bill participating qualified schools for 
8 all costs associated with administering assessments 
9 required by this paragraph; the participating 
10 qualified schools shall ensure that all test security 
11 and assessment administration procedures are followed; 
12 participating qualified schools must report individual 
13 student scores to the custodians of the students; the 
14 independent research organization described in 
15 subsection (b) of Section 45 of this Act shall be 
16 provided all student score data in a secure manner by 
17 the participating qualified school.
18 The inability of a qualified school to meet the 
19requirements of this Section shall constitute a basis for the 
20ineligibility of the qualified school to participate in the 
21scholarship program as determined by the Board.

22 Section 55. Custodian and student responsibilities. 
23 (a) The custodian must select a qualified school and apply 
24for the admission of his or her child.
25 (b) The custodian shall ensure that the student 
 
 
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1participating in the scholarship program takes the assessment 
2required by subsection (a) of Section 45 of this Act.
3 (c) Each custodian and each student has an obligation to 
4comply with the qualified school's published policies.

5 (d) The custodian shall authorize the scholarship granting 
6organization to access information needed for income 
7eligibility determinations.


8 Section 60. Recordkeeping; rulemaking; violations. 
9 (a) Each taxpayer shall, for each taxable year for which 
10the tax credit provided for under this Act is claimed, maintain 
11records of the following information: (i) contribution 
12authorization certificates obtained under Section 25 of this 
13Act and (ii) certificates of receipt obtained under Section 30 
14of this Act.

15 (b) The Board and the Department may adopt rules consistent 
16with and necessary
for the implementation of this Act.
17 (c) Violations of State laws or rules and complaints 
18relating to program participation shall be referred to the 
19Attorney General.

20 Section 65. Credit period; repeal. 
21 (a) A taxpayer may take a credit under this Act for tax 
22years beginning on or after January 1, 2018 and ending before 
23January 1, 2023. A taxpayer may not take a credit pursuant to 
24this Act for tax years beginning on or after January 1, 2023.

 
 
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1 (b) This Act is repealed on January 1, 2024.


2 Section 900. The Open Meetings Act is amended by changing 
3Section 2 as follows:




4 (5 ILCS 120/2) (from Ch. 102, par. 42)



5 Sec. 2. Open meetings. 

6 (a) Openness required. All meetings of public
bodies shall 
7be open to the public unless excepted in subsection (c)
and 
8closed in accordance with Section 2a.

9 (b) Construction of exceptions. The exceptions contained 
10in subsection
(c) are in derogation of the requirement that 
11public bodies
meet in the open, and therefore, the exceptions 
12are to be strictly
construed, extending only to subjects 
13clearly within their scope.
The exceptions authorize but do not 
14require the holding of
a closed meeting to discuss a subject 
15included within an enumerated exception.

16 (c) Exceptions. A public body may hold closed meetings to 
17consider the
following subjects:

18  (1) The appointment, employment, compensation, 
19 discipline, performance,
or dismissal of specific 
20 employees of the public body or legal counsel for
the 
21 public body, including hearing
testimony on a complaint 
22 lodged against an employee of the public body or
against 
23 legal counsel for the public body to determine its 
24 validity. However, a meeting to consider an increase in 
 
 
10000SB1947ham005- 25 -LRB100 09675 JWD 28950 a


1 compensation to a specific employee of a public body that 
2 is subject to the Local Government Wage Increase 
3 Transparency Act may not be closed and shall be open to the 
4 public and posted and held in accordance with this Act.

5  (2) Collective negotiating matters between the public 
6 body and its
employees or their representatives, or 
7 deliberations concerning salary
schedules for one or more 
8 classes of employees.

9  (3) The selection of a person to fill a public office,

10 as defined in this Act, including a vacancy in a public 
11 office, when the public
body is given power to appoint 
12 under law or ordinance, or the discipline,
performance or 
13 removal of the occupant of a public office, when the public 
14 body
is given power to remove the occupant under law or 
15 ordinance. 

16  (4) Evidence or testimony presented in open hearing, or 
17 in closed
hearing where specifically authorized by law, to

18 a quasi-adjudicative body, as defined in this Act, provided 
19 that the body
prepares and makes available for public 
20 inspection a written decision
setting forth its 
21 determinative reasoning.


22  (5) The purchase or lease of real property for the use 
23 of
the public body, including meetings held for the purpose 
24 of discussing
whether a particular parcel should be 
25 acquired.

26  (6) The setting of a price for sale or lease of 
 
 
10000SB1947ham005- 26 -LRB100 09675 JWD 28950 a


1 property owned
by the public body.

2  (7) The sale or purchase of securities, investments, or 
3 investment
contracts. This exception shall not apply to the 
4 investment of assets or income of funds deposited into the 
5 Illinois Prepaid Tuition Trust Fund. 

6  (8) Security procedures, school building safety and 
7 security, and the use of personnel and
equipment to respond 
8 to an actual, a threatened, or a reasonably
potential 
9 danger to the safety of employees, students, staff, the 
10 public, or
public
property.

11  (9) Student disciplinary cases.

12  (10) The placement of individual students in special 
13 education
programs and other matters relating to 
14 individual students.

15  (11) Litigation, when an action against, affecting or 
16 on behalf of the
particular public body has been filed and 
17 is pending before a court or
administrative tribunal, or 
18 when the public body finds that an action is
probable or 
19 imminent, in which case the basis for the finding shall be

20 recorded and entered into the minutes of the closed 
21 meeting.

22  (12) The establishment of reserves or settlement of 
23 claims as provided
in the Local Governmental and 
24 Governmental Employees Tort Immunity Act, if
otherwise the 
25 disposition of a claim or potential claim might be

26 prejudiced, or the review or discussion of claims, loss or 
 
 
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1 risk management
information, records, data, advice or 
2 communications from or with respect
to any insurer of the 
3 public body or any intergovernmental risk management

4 association or self insurance pool of which the public body 
5 is a member.

6  (13) Conciliation of complaints of discrimination in 
7 the sale or rental
of housing, when closed meetings are 
8 authorized by the law or ordinance
prescribing fair housing 
9 practices and creating a commission or
administrative 
10 agency for their enforcement.

11  (14) Informant sources, the hiring or assignment of 
12 undercover personnel
or equipment, or ongoing, prior or 
13 future criminal investigations, when
discussed by a public 
14 body with criminal investigatory responsibilities.

15  (15) Professional ethics or performance when 
16 considered by an advisory
body appointed to advise a 
17 licensing or regulatory agency on matters
germane to the 
18 advisory body's field of competence.

19  (16) Self evaluation, practices and procedures or 
20 professional ethics,
when meeting with a representative of 
21 a statewide association of which the
public body is a 
22 member.

23  (17) The recruitment, credentialing, discipline or 
24 formal peer review
of physicians or other
health care 
25 professionals, or for the discussion of matters protected 
26 under the federal Patient Safety and Quality Improvement 
 
 
10000SB1947ham005- 28 -LRB100 09675 JWD 28950 a


1 Act of 2005, and the regulations promulgated thereunder, 
2 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
3 Health Insurance Portability and Accountability Act of 
4 1996, and the regulations promulgated thereunder, 
5 including 45 C.F.R. Parts 160, 162, and 164, by a hospital, 
6 or
other institution providing medical care, that is 
7 operated by the public body.

8  (18) Deliberations for decisions of the Prisoner 
9 Review Board.

10  (19) Review or discussion of applications received 
11 under the
Experimental Organ Transplantation Procedures 
12 Act.

13  (20) The classification and discussion of matters 
14 classified as
confidential or continued confidential by 
15 the State Government Suggestion Award
Board.

16  (21) Discussion of minutes of meetings lawfully closed 
17 under this Act,
whether for purposes of approval by the 
18 body of the minutes or semi-annual
review of the minutes as 
19 mandated by Section 2.06.

20  (22) Deliberations for decisions of the State

21 Emergency Medical Services Disciplinary
Review Board.

22  (23) The operation by a municipality of a municipal 
23 utility or the
operation of a
municipal power agency or 
24 municipal natural gas agency when the
discussion involves 
25 (i) contracts relating to the
purchase, sale, or delivery 
26 of electricity or natural gas or (ii) the results
or 
 
 
10000SB1947ham005- 29 -LRB100 09675 JWD 28950 a


1 conclusions of load forecast studies.

2  (24) Meetings of a residential health care facility 
3 resident sexual
assault and death review
team or
the 
4 Executive
Council under the Abuse Prevention Review
Team 
5 Act.

6  (25) Meetings of an independent team of experts under 
7 Brian's Law. 
8  (26) Meetings of a mortality review team appointed 
9 under the Department of Juvenile Justice Mortality Review 
10 Team Act. 
11  (27) (Blank). 
12  (28) Correspondence and records (i) that may not be 
13 disclosed under Section 11-9 of the Illinois Public Aid 
14 Code or (ii) that pertain to appeals under Section 11-8 of 
15 the Illinois Public Aid Code. 
16  (29) Meetings between internal or external auditors 
17 and governmental audit committees, finance committees, and 
18 their equivalents, when the discussion involves internal 
19 control weaknesses, identification of potential fraud risk 
20 areas, known or suspected frauds, and fraud interviews 
21 conducted in accordance with generally accepted auditing 
22 standards of the United States of America.
23  (30) Those meetings or portions of meetings of a 
24 fatality review team or the Illinois Fatality Review Team 
25 Advisory Council during which a review of the death of an 
26 eligible adult in which abuse or neglect is suspected, 
 
 
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1 alleged, or substantiated is conducted pursuant to Section 
2 15 of the Adult Protective Services Act. 
3  (31) Meetings and deliberations for decisions of the 
4 Concealed Carry Licensing Review Board under the Firearm 
5 Concealed Carry Act. 
6  (32) Meetings between the Regional Transportation 
7 Authority Board and its Service Boards when the discussion 
8 involves review by the Regional Transportation Authority 
9 Board of employment contracts under Section 28d of the 
10 Metropolitan Transit Authority Act and Sections 3A.18 and 
11 3B.26 of the Regional Transportation Authority Act.
12  (33) Those meetings or portions of meetings of the 
13 advisory committee and peer review subcommittee created 
14 under Section 320 of the Illinois Controlled Substances Act 
15 during which specific controlled substance prescriber, 
16 dispenser, or patient information is discussed.
17  (34) Meetings of the Tax Increment Financing Reform 
18 Task Force under Section 2505-800 of the Department of 
19 Revenue Law of the Civil Administrative Code of Illinois. 
20 (d) Definitions. For purposes of this Section:

21 "Employee" means a person employed by a public body whose 
22relationship
with the public body constitutes an 
23employer-employee relationship under
the usual common law 
24rules, and who is not an independent contractor.

25 "Public office" means a position created by or under the

26Constitution or laws of this State, the occupant of which is 
 
 
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1charged with
the exercise of some portion of the sovereign 
2power of this State. The term
"public office" shall include 
3members of the public body, but it shall not
include 
4organizational positions filled by members thereof, whether

5established by law or by a public body itself, that exist to 
6assist the
body in the conduct of its business.

7 "Quasi-adjudicative body" means an administrative body 
8charged by law or
ordinance with the responsibility to conduct 
9hearings, receive evidence or
testimony and make 
10determinations based
thereon, but does not include
local 
11electoral boards when such bodies are considering petition 
12challenges.

13 (e) Final action. No final action may be taken at a closed 
14meeting.
Final action shall be preceded by a public recital of 
15the nature of the
matter being considered and other information 
16that will inform the
public of the business being conducted. 

17(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, 
18eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; 
1999-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; 
2099-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff. 
211-1-17; revised 9-21-16.)


22 Section 902. The Freedom of Information Act is amended by 
23changing Section 7.5 as follows:

24 (5 ILCS 140/7.5)
 
 
10000SB1947ham005- 32 -LRB100 09675 JWD 28950 a


1 Sec. 7.5. Statutory exemptions. To the extent provided for 
2by the statutes referenced below, the following shall be exempt 
3from inspection and copying:
4  (a) All information determined to be confidential 
5 under Section 4002 of the Technology Advancement and 
6 Development Act.
7  (b) Library circulation and order records identifying 
8 library users with specific materials under the Library 
9 Records Confidentiality Act.
10  (c) Applications, related documents, and medical 
11 records received by the Experimental Organ Transplantation 
12 Procedures Board and any and all documents or other records 
13 prepared by the Experimental Organ Transplantation 
14 Procedures Board or its staff relating to applications it 
15 has received.
16  (d) Information and records held by the Department of 
17 Public Health and its authorized representatives relating 
18 to known or suspected cases of sexually transmissible 
19 disease or any information the disclosure of which is 
20 restricted under the Illinois Sexually Transmissible 
21 Disease Control Act.
22  (e) Information the disclosure of which is exempted 
23 under Section 30 of the Radon Industry Licensing Act.
24  (f) Firm performance evaluations under Section 55 of 
25 the Architectural, Engineering, and Land Surveying 
26 Qualifications Based Selection Act.
 
 
10000SB1947ham005- 33 -LRB100 09675 JWD 28950 a


1  (g) Information the disclosure of which is restricted 
2 and exempted under Section 50 of the Illinois Prepaid 
3 Tuition Act.
4  (h) Information the disclosure of which is exempted 
5 under the State Officials and Employees Ethics Act, and 
6 records of any lawfully created State or local inspector 
7 general's office that would be exempt if created or 
8 obtained by an Executive Inspector General's office under 
9 that Act.
10  (i) Information contained in a local emergency energy 
11 plan submitted to a municipality in accordance with a local 
12 emergency energy plan ordinance that is adopted under 
13 Section 11-21.5-5 of the Illinois Municipal Code.
14  (j) Information and data concerning the distribution 
15 of surcharge moneys collected and remitted by wireless 
16 carriers under the Wireless Emergency Telephone Safety 
17 Act.
18  (k) Law enforcement officer identification information 
19 or driver identification information compiled by a law 
20 enforcement agency or the Department of Transportation 
21 under Section 11-212 of the Illinois Vehicle Code.
22  (l) Records and information provided to a residential 
23 health care facility resident sexual assault and death 
24 review team or the Executive Council under the Abuse 
25 Prevention Review Team Act.
26  (m) Information provided to the predatory lending 
 
 
10000SB1947ham005- 34 -LRB100 09675 JWD 28950 a


1 database created pursuant to Article 3 of the Residential 
2 Real Property Disclosure Act, except to the extent 
3 authorized under that Article.
4  (n) Defense budgets and petitions for certification of 
5 compensation and expenses for court appointed trial 
6 counsel as provided under Sections 10 and 15 of the Capital 
7 Crimes Litigation Act. This subsection (n) shall apply 
8 until the conclusion of the trial of the case, even if the 
9 prosecution chooses not to pursue the death penalty prior 
10 to trial or sentencing.
11  (o) Information that is prohibited from being 
12 disclosed under Section 4 of the Illinois Health and 
13 Hazardous Substances Registry Act.
14  (p) Security portions of system safety program plans, 
15 investigation reports, surveys, schedules, lists, data, or 
16 information compiled, collected, or prepared by or for the 
17 Regional Transportation Authority under Section 2.11 of 
18 the Regional Transportation Authority Act or the St. Clair 
19 County Transit District under the Bi-State Transit Safety 
20 Act. 
21  (q) Information prohibited from being disclosed by the 
22 Personnel Records Review Act. 
23  (r) Information prohibited from being disclosed by the 
24 Illinois School Student Records Act. 
25  (s) Information the disclosure of which is restricted 
26 under Section 5-108 of the Public Utilities Act. 

 
 
10000SB1947ham005- 35 -LRB100 09675 JWD 28950 a


1  (t) All identified or deidentified health information 
2 in the form of health data or medical records contained in, 
3 stored in, submitted to, transferred by, or released from 
4 the Illinois Health Information Exchange, and identified 
5 or deidentified health information in the form of health 
6 data and medical records of the Illinois Health Information 
7 Exchange in the possession of the Illinois Health 
8 Information Exchange Authority due to its administration 
9 of the Illinois Health Information Exchange. The terms 
10 "identified" and "deidentified" shall be given the same 
11 meaning as in the Health Insurance Portability and 
12 Accountability Act of 1996, Public Law 104-191, or any 
13 subsequent amendments thereto, and any regulations 
14 promulgated thereunder. 
15  (u) Records and information provided to an independent 
16 team of experts under Brian's Law. 
17  (v) Names and information of people who have applied 
18 for or received Firearm Owner's Identification Cards under 
19 the Firearm Owners Identification Card Act or applied for 
20 or received a concealed carry license under the Firearm 
21 Concealed Carry Act, unless otherwise authorized by the 
22 Firearm Concealed Carry Act; and databases under the 
23 Firearm Concealed Carry Act, records of the Concealed Carry 
24 Licensing Review Board under the Firearm Concealed Carry 
25 Act, and law enforcement agency objections under the 
26 Firearm Concealed Carry Act. 
 
 
10000SB1947ham005- 36 -LRB100 09675 JWD 28950 a


1  (w) Personally identifiable information which is 
2 exempted from disclosure under subsection (g) of Section 
3 19.1 of the Toll Highway Act.
4  (x) Information which is exempted from disclosure 
5 under Section 5-1014.3 of the Counties Code or Section 
6 8-11-21 of the Illinois Municipal Code. 
7  (y) Confidential information under the Adult 
8 Protective Services Act and its predecessor enabling 
9 statute, the Elder Abuse and Neglect Act, including 
10 information about the identity and administrative finding 
11 against any caregiver of a verified and substantiated 
12 decision of abuse, neglect, or financial exploitation of an 
13 eligible adult maintained in the Registry established 
14 under Section 7.5 of the Adult Protective Services Act. 
15  (z) Records and information provided to a fatality 
16 review team or the Illinois Fatality Review Team Advisory 
17 Council under Section 15 of the Adult Protective Services 
18 Act. 
19  (aa) Information which is exempted from disclosure 
20 under Section 2.37 of the Wildlife Code. 
21  (bb) Information which is or was prohibited from 
22 disclosure by the Juvenile Court Act of 1987. 
23  (cc) Recordings made under the Law Enforcement 
24 Officer-Worn Body Camera Act, except to the extent 
25 authorized under that Act.
26  (dd) Information that is prohibited from being 
 
 
10000SB1947ham005- 37 -LRB100 09675 JWD 28950 a


1 disclosed under Section 45 of the Condominium and Common 
2 Interest Community Ombudsperson Act. 
3  (ee) (dd) Information that is exempted from disclosure 
4 under Section 30.1 of the Pharmacy Practice Act. 
5  (ff) Information which is exempted from disclosure 
6 under Section 2505-800 of the Department of Revenue Law of 
7 the Civil Administrative Code of Illinois. 
8(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, 
9eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; 
1099-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; 
1199-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. 
128-19-16; revised 9-1-16.)

13 Section 904. The Election Code is amended by changing 
14Section 28-2 as follows:




15 (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)


16 Sec. 28-2. (a) Except as otherwise provided in this 
17Section, petitions
for the submission of public questions to 
18referendum must be filed with the
appropriate officer or board 
19not less than 92 days prior to a regular
election to be 
20eligible for submission on the ballot at such election; and

21petitions for the submission of a question under Section 18-120 
22or Section 18-206 of the
Property Tax Code must be filed with 
23the appropriate officer or board not more
than 10 months nor 
24less than 6 months prior to the election at which such
question 
 
 
10000SB1947ham005- 38 -LRB100 09675 JWD 28950 a


1is to be submitted to the voters.

2 (b) However, petitions for the submission of a public 
3question to
referendum which proposes the creation or formation 
4of a political
subdivision must be filed with the appropriate 
5officer or board not less
than 122 days prior to a regular 
6election to be eligible for submission on
the ballot at such 
7election.

8 (c) Resolutions or ordinances of governing boards of 
9political
subdivisions which initiate the submission of public 
10questions pursuant
to law must be adopted not less than 79 days 
11before a regularly scheduled
election to be eligible for 
12submission on the ballot at such election.

13 (d) A petition, resolution or ordinance initiating the 
14submission of a
public question may specify a regular election 
15at which the question is
to be submitted, and must so specify 
16if the statute authorizing the
public question requires 
17submission at a particular election. However,
no petition, 
18resolution or ordinance initiating the submission of a
public 
19question, other than a legislative resolution initiating an

20amendment to the Constitution, may specify such submission at 
21an
election more than one year, or 15 months in the case of a 
22back door referendum as defined in subsection (f), after the 
23date on which it is filed or
adopted, as the case may be. A 
24petition, resolution or ordinance
initiating a public question 
25which specifies a particular election at
which the question is 
26to be submitted shall be so limited, and shall not
be valid as 
 
 
10000SB1947ham005- 39 -LRB100 09675 JWD 28950 a


1to any other election, other than an emergency referendum

2ordered pursuant to Section 2A-1.4.

3 (e) If a petition initiating a public question does not 
4specify a
regularly scheduled election, the public question 
5shall be submitted to
referendum at the next regular election 
6occurring not less than 92 days
after the filing of the 
7petition, or not less than 122 days after the
filing of a 
8petition for referendum to create a political subdivision. If
a 
9resolution or ordinance initiating a public question does not 
10specify a
regularly scheduled election, the public question 
11shall be submitted to
referendum at the next regular election 
12occurring not less than 79 days
after the adoption of the 
13resolution or ordinance.

14 (f) In the case of back door referenda, any limitations in 
15another
statute authorizing such a referendum which restrict 
16the time in which
the initiating petition may be validly filed 
17shall apply to such
petition, in addition to the filing 
18deadlines specified in this Section
for submission at a 
19particular election. In the case of any back door
referendum, 
20the publication of the ordinance or resolution of the political

21subdivision shall include a notice of (1) the specific number 
22of voters
required to sign a petition requesting that a public 
23question be submitted
to the voters of the subdivision; (2) the 
24time within which the petition must
be filed; and (3) the date 
25of the prospective referendum. The secretary or
clerk of the 
26political subdivision shall provide a petition form to any

 
 
10000SB1947ham005- 40 -LRB100 09675 JWD 28950 a


1individual requesting one. The legal sufficiency of that form, 
2if provided by the secretary or clerk of the political 
3subdivision, cannot be the basis of a challenge to placing the 
4back door referendum on the ballot. As used herein, a "back 
5door
referendum" is the submission of a public question to the 
6voters of a
political subdivision, initiated by a petition of 
7voters or residents of
such political subdivision, to determine 
8whether an action by the
governing body of such subdivision 
9shall be adopted or rejected.

10 (g) A petition for the incorporation or formation of a new

11political subdivision whose officers are to be elected rather 
12than appointed
must have attached to it an affidavit attesting 
13that at least 122 days and
no more than 152 days prior to such 
14election notice of intention to file
such petition was 
15published in a newspaper published within the proposed

16political subdivision, or if none, in a newspaper of general 
17circulation
within the territory of the proposed political 
18subdivision in substantially
the following form:

19
NOTICE OF PETITION TO FORM A NEW........


20 Residents of the territory described below are notified 
21that a petition
will or has been filed in the Office 
22of............requesting a referendum
to establish a 
23new........, to be called the............

24 *The officers of the new...........will be elected on the 
25same day as the
referendum. Candidates for the governing board 
26of the new......may file
nominating petitions with the officer 
 
 
10000SB1947ham005- 41 -LRB100 09675 JWD 28950 a


1named above until...........

2 The territory proposed to comprise the new........is 
3described as follows:

4  (description of territory included in petition)

5  (signature)....................................

6  Name and address of person or persons proposing

7  the new political subdivision.

8 * Where applicable.

9 Failure to file such affidavit, or failure to publish the 
10required notice
with the correct information contained therein 
11shall render the petition,
and any referendum held pursuant to 
12such petition, null and void.

13 Notwithstanding the foregoing provisions of this 
14subsection (g) or any
other provisions of this Code, the 
15publication of notice and affidavit
requirements of this 
16subsection (g) shall not apply to any petition filed
under 
17Article 7 or 11E of the School Code nor to any
referendum
held 
18pursuant to any such petition, and neither any petition filed 
19under
any of those Articles nor any referendum held pursuant to 
20any such petition
shall be rendered null and void because of 
21the failure to file an affidavit
or publish a notice with 
22respect to the petition or referendum as required
under this 
23subsection (g) for petitions that are not filed under any of

24those Articles of the School Code.

25(Source: P.A. 96-1008, eff. 7-6-10.)


 
 
10000SB1947ham005- 42 -LRB100 09675 JWD 28950 a


1 Section 905. The Economic Development Area Tax Increment 
2Allocation Act is amended by changing Section 7 as follows:




3 (20 ILCS 620/7) (from Ch. 67 1/2, par. 1007)



4 Sec. 7. Creation of special tax allocation fund. If a 
5municipality
has adopted tax increment allocation financing 
6for an economic development
project area by ordinance, the 
7county clerk has thereafter certified the "total
initial 
8equalized assessed value" of the taxable real property within 
9such
economic development project area in the manner provided 
10in Section 6 of this
Act, and the Department has approved and 
11certified the economic development
project area, each year 
12after the date of the certification by the county clerk
of the 
13"total initial equalized assessed value" until economic 
14development
project costs and all municipal obligations 
15financing economic development
project costs have been paid, 
16the ad valorem taxes, if any, arising from the
levies upon the 
17taxable real property in the economic development project area

18by taxing districts and tax rates determined in the manner 
19provided in
subsection (b) of Section 6 of this Act shall be 
20divided as follows:

21 (1) That portion of the taxes levied upon each taxable lot, 
22block, tract
or parcel of real property which is attributable 
23to the lower of the current
equalized assessed value or the 
24initial equalized assessed value of each such
taxable lot, 
25block, tract, or parcel of real property existing at the time 
 
 
10000SB1947ham005- 43 -LRB100 09675 JWD 28950 a


1tax
increment allocation financing was adopted, shall be 
2allocated to and when
collected shall be paid by the county 
3collector to the respective affected
taxing districts in the 
4manner required by law in the absence of the adoption
of tax 
5increment allocation financing.

6 (2) That portion, if any, of those taxes which is 
7attributable to the
increase in the current equalized assessed 
8valuation of each taxable lot,
block, tract, or parcel of real 
9property in the economic development project
area, over and 
10above the initial equalized assessed value of each property

11existing at the time tax increment allocation financing was 
12adopted,
shall be allocated to and when collected shall be paid 
13to the municipal
treasurer, who shall deposit those taxes into 
14a special fund called the special
tax allocation fund of the 
15municipality for the purpose of paying economic
development 
16project costs and obligations incurred in the payment thereof.

17 The municipality, by an ordinance adopting tax increment 
18allocation
financing, may pledge the funds in and to be 
19deposited in the special tax
allocation fund for the payment of 
20obligations issued under this Act and for
the payment of 
21economic development project costs. No part of the current

22equalized assessed valuation of each property in the economic 
23development
project area attributable to any increase above the 
24total initial equalized
assessed value, of such properties 
25shall be used in calculating the general
State school aid 
26formula, provided for in Section 18-8 of the School Code, or 
 
 
10000SB1947ham005- 44 -LRB100 09675 JWD 28950 a


1the evidence-based funding formula, provided for in Section 
218-8.15 of the School Code,
until such time as all economic 
3development projects costs have been paid as
provided for in 
4this Section.

5 When the economic development project costs, including 
6without
limitation all municipal obligations financing 
7economic development project
costs incurred under this Act, 
8have been paid, all surplus funds then
remaining in the special 
9tax allocation fund shall be distributed by being
paid by the 
10municipal treasurer to the county collector, who shall

11immediately thereafter pay those funds to the taxing districts 
12having
taxable property in the economic development project 
13area in the same
manner and proportion as the most recent 
14distribution by the county
collector to those taxing districts 
15of real property taxes from real
property in the economic 
16development project area.

17 Upon the payment of all economic development project costs, 
18retirement of
obligations and the distribution of any excess 
19monies pursuant to this
Section the municipality shall adopt an 
20ordinance dissolving the special
tax allocation fund for the 
21economic development project area,
terminating the economic 
22development project area, and terminating the use
of tax 
23increment allocation financing for the economic development 
24project
area. Thereafter the rates of the taxing districts 
25shall be extended and taxes
levied, collected and distributed 
26in the manner applicable in the absence of
the adoption of tax 
 
 
10000SB1947ham005- 45 -LRB100 09675 JWD 28950 a


1increment allocation financing.

2 Nothing in this Section shall be construed as relieving 
3property in
economic development project areas from being 
4assessed as provided in the
Property Tax Code, or as relieving

5owners of that property from paying a uniform rate of taxes, as 
6required by
Section 4 of Article IX of the Illinois 
7Constitution.

8(Source: P.A. 98-463, eff. 8-16-13.)


9 Section 910. The Civil Administrative Code of Illinois 
10(Department of Revenue Law) is amended by adding Section 
112505-800 as follows:

12 (20 ILCS 2505/2505-800 new)
13 Sec. 2505-800. Tax Increment Financing Reform Task Force.
14 (a) There is hereby created the Tax Increment Financing 
15Reform Task Force which shall consist of the following members:
16  (1) 3 members of the General Assembly, appointed by the 
17 President of the Senate;
18  (2) 3 members of the General Assembly, appointed by the 
19 Minority Leader of the Senate;
20  (3) 3 members of the General Assembly, appointed by the 
21 Speaker of the House of Representatives; and
22  (4) 3 members of the General Assembly, appointed by the 
23 Minority Leader of the House of Representatives.
24 (b) The members of the Task Force shall elect one co-chair 
 
 
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1from each legislative caucus, who shall call meetings of the 
2Task Force to order. The Task Force shall hold an initial 
3meeting within 60 days after the effective date of this 
4amendatory Act of the 100th General Assembly.
5 (c) The Task Force shall conduct a study examining current 
6Tax Increment Financing (TIF) laws in this State and issues 
7that include, but are not limited to:
8  (1) the benefits and costs of TIF districts;
9  (2) the interaction between TIF law and school funding;
10  (3) the expenditure of TIF funds; and
11  (4) the expenditure of TIF surplus funds.
12 (d) The Task Force shall report the findings of the study 
13and any recommendations to the General Assembly on or before 
14April 1, 2018, at which time the Task Force shall be dissolved.
15 (e) The Department of Revenue shall provide staff and 
16administrative support to the Task Force, and shall post on its 
17website the report under subsection (d) of this Section.
18 (f) The Task Force is exempt from any requirements under 
19the Freedom of Information Act and Open Meetings Act.
20 (g) This Section is repealed on April 30, 2018. 

21 Section 915. The State Finance Act is amended by changing 
22Section 13.2 as follows:



23 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)

24 Sec. 13.2. Transfers among line item appropriations. 
 
 
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1 (a) Transfers among line item appropriations from the same

2treasury fund for the objects specified in this Section may be 
3made in
the manner provided in this Section when the balance 
4remaining in one or
more such line item appropriations is 
5insufficient for the purpose for
which the appropriation was 
6made.
7 (a-1) No transfers may be made from one
agency to another 
8agency, nor may transfers be made from one institution
of 
9higher education to another institution of higher education 
10except as provided by subsection (a-4).

11 (a-2) Except as otherwise provided in this Section, 
12transfers may be made only among the objects of expenditure 
13enumerated
in this Section, except that no funds may be 
14transferred from any
appropriation for personal services, from 
15any appropriation for State
contributions to the State 
16Employees' Retirement System, from any
separate appropriation 
17for employee retirement contributions paid by the
employer, nor 
18from any appropriation for State contribution for
employee 
19group insurance. During State fiscal year 2005, an agency may 
20transfer amounts among its appropriations within the same 
21treasury fund for personal services, employee retirement 
22contributions paid by employer, and State Contributions to 
23retirement systems; notwithstanding and in addition to the 
24transfers authorized in subsection (c) of this Section, the 
25fiscal year 2005 transfers authorized in this sentence may be 
26made in an amount not to exceed 2% of the aggregate amount 
 
 
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1appropriated to an agency within the same treasury fund. During 
2State fiscal year 2007, the Departments of Children and Family 
3Services, Corrections, Human Services, and Juvenile Justice 
4may transfer amounts among their respective appropriations 
5within the same treasury fund for personal services, employee 
6retirement contributions paid by employer, and State 
7contributions to retirement systems. During State fiscal year 
82010, the Department of Transportation may transfer amounts 
9among their respective appropriations within the same treasury 
10fund for personal services, employee retirement contributions 
11paid by employer, and State contributions to retirement 
12systems. During State fiscal years 2010 and 2014 only, an 
13agency may transfer amounts among its respective 
14appropriations within the same treasury fund for personal 
15services, employee retirement contributions paid by employer, 
16and State contributions to retirement systems. 
17Notwithstanding, and in addition to, the transfers authorized 
18in subsection (c) of this Section, these transfers may be made 
19in an amount not to exceed 2% of the aggregate amount 
20appropriated to an agency within the same treasury fund.

21 (a-2.5) During State fiscal year 2015 only, the State's 
22Attorneys Appellate Prosecutor may transfer amounts among its 
23respective appropriations contained in operational line items 
24within the same treasury fund. Notwithstanding, and in addition 
25to, the transfers authorized in subsection (c) of this Section, 
26these transfers may be made in an amount not to exceed 4% of 
 
 
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1the aggregate amount appropriated to the State's Attorneys 
2Appellate Prosecutor within the same treasury fund. 
3 (a-3) Further, if an agency receives a separate

4appropriation for employee retirement contributions paid by 
5the employer,
any transfer by that agency into an appropriation 
6for personal services
must be accompanied by a corresponding 
7transfer into the appropriation for
employee retirement 
8contributions paid by the employer, in an amount
sufficient to 
9meet the employer share of the employee contributions
required 
10to be remitted to the retirement system.
11 (a-4) Long-Term Care Rebalancing. The Governor may 
12designate amounts set aside for institutional services 
13appropriated from the General Revenue Fund or any other State 
14fund that receives monies for long-term care services to be 
15transferred to all State agencies responsible for the 
16administration of community-based long-term care programs, 
17including, but not limited to, community-based long-term care 
18programs administered by the Department of Healthcare and 
19Family Services, the Department of Human Services, and the 
20Department on Aging, provided that the Director of Healthcare 
21and Family Services first certifies that the amounts being 
22transferred are necessary for the purpose of assisting persons 
23in or at risk of being in institutional care to transition to 
24community-based settings, including the financial data needed 
25to prove the need for the transfer of funds. The total amounts 
26transferred shall not exceed 4% in total of the amounts 
 
 
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1appropriated from the General Revenue Fund or any other State 
2fund that receives monies for long-term care services for each 
3fiscal year. A notice of the fund transfer must be made to the 
4General Assembly and posted at a minimum on the Department of 
5Healthcare and Family Services website, the Governor's Office 
6of Management and Budget website, and any other website the 
7Governor sees fit. These postings shall serve as notice to the 
8General Assembly of the amounts to be transferred. Notice shall 
9be given at least 30 days prior to transfer. 
10 (b) In addition to the general transfer authority provided 
11under
subsection (c), the following agencies have the specific 
12transfer authority
granted in this subsection:
13 The Department of Healthcare and Family Services is 
14authorized to make transfers
representing savings attributable 
15to not increasing grants due to the
births of additional 
16children from line items for payments of cash grants to
line 
17items for payments for employment and social services for the 
18purposes
outlined in subsection (f) of Section 4-2 of the 
19Illinois Public Aid Code.
20 The Department of Children and Family Services is 
21authorized to make
transfers not exceeding 2% of the aggregate 
22amount appropriated to it within
the same treasury fund for the 
23following line items among these same line
items: Foster Home 
24and Specialized Foster Care and Prevention, Institutions
and 
25Group Homes and Prevention, and Purchase of Adoption and 
26Guardianship
Services.
 
 
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1 The Department on Aging is authorized to make transfers not

2exceeding 2% of the aggregate amount appropriated to it within 
3the same
treasury fund for the following Community Care Program 
4line items among these
same line items: purchase of services 
5covered by the Community Care Program and Comprehensive Case 
6Coordination.
7 The State Treasurer is authorized to make transfers among 
8line item
appropriations
from the Capital Litigation Trust 
9Fund, with respect to costs incurred in
fiscal years 2002 and 
102003 only, when the balance remaining in one or
more such
line 
11item appropriations is insufficient for the purpose for which 
12the
appropriation was
made, provided that no such transfer may 
13be made unless the amount transferred
is no
longer required for 
14the purpose for which that appropriation was made.
15 The State Board of Education is authorized to make 
16transfers from line item appropriations within the same 
17treasury fund for General State Aid, and General State Aid - 
18Hold Harmless, and Evidence-Based Funding, provided that no 
19such transfer may be made unless the amount transferred is no 
20longer required for the purpose for which that appropriation 
21was made, to the line item appropriation for Transitional 
22Assistance when the balance remaining in such line item 
23appropriation is insufficient for the purpose for which the 
24appropriation was made.
25 The State Board of Education is authorized to make 
26transfers between the following line item appropriations 
 
 
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1within the same treasury fund: Disabled Student 
2Services/Materials (Section 14-13.01 of the School Code), 
3Disabled Student Transportation Reimbursement (Section 
414-13.01 of the School Code), Disabled Student Tuition - 
5Private Tuition (Section 14-7.02 of the School Code), 
6Extraordinary Special Education (Section 14-7.02b of the 
7School Code), Reimbursement for Free Lunch/Breakfast Program, 
8Summer School Payments (Section 18-4.3 of the School Code), and 
9Transportation - Regular/Vocational Reimbursement (Section 
1029-5 of the School Code). Such transfers shall be made only 
11when the balance remaining in one or more such line item 
12appropriations is insufficient for the purpose for which the 
13appropriation was made and provided that no such transfer may 
14be made unless the amount transferred is no longer required for 
15the purpose for which that appropriation was made. 
16 The Department of Healthcare and Family Services is 
17authorized to make transfers not exceeding 4% of the aggregate 
18amount appropriated to it, within the same treasury fund, among 
19the various line items appropriated for Medical Assistance. 
20 (c) The sum of such transfers for an agency in a fiscal 
21year shall not
exceed 2% of the aggregate amount appropriated 
22to it within the same treasury
fund for the following objects: 
23Personal Services; Extra Help; Student and
Inmate 
24Compensation; State Contributions to Retirement Systems; State

25Contributions to Social Security; State Contribution for 
26Employee Group
Insurance; Contractual Services; Travel; 
 
 
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1Commodities; Printing; Equipment;
Electronic Data Processing; 
2Operation of Automotive Equipment;
Telecommunications 
3Services; Travel and Allowance for Committed, Paroled
and 
4Discharged Prisoners; Library Books; Federal Matching Grants 
5for
Student Loans; Refunds; Workers' Compensation, 
6Occupational Disease, and
Tort Claims; and, in appropriations 
7to institutions of higher education,
Awards and Grants. 
8Notwithstanding the above, any amounts appropriated for

9payment of workers' compensation claims to an agency to which 
10the authority
to evaluate, administer and pay such claims has 
11been delegated by the
Department of Central Management Services 
12may be transferred to any other
expenditure object where such 
13amounts exceed the amount necessary for the
payment of such 
14claims.
15 (c-1) Special provisions for State fiscal year 2003. 
16Notwithstanding any
other provision of this Section to the 
17contrary, for State fiscal year 2003
only, transfers among line 
18item appropriations to an agency from the same
treasury fund 
19may be made provided that the sum of such transfers for an 
20agency
in State fiscal year 2003 shall not exceed 3% of the 
21aggregate amount
appropriated to that State agency for State 
22fiscal year 2003 for the following
objects: personal services, 
23except that no transfer may be approved which
reduces the 
24aggregate appropriations for personal services within an 
25agency;
extra help; student and inmate compensation; State

26contributions to retirement systems; State contributions to 
 
 
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1social security;
State contributions for employee group 
2insurance; contractual services; travel;
commodities; 
3printing; equipment; electronic data processing; operation of

4automotive equipment; telecommunications services; travel and 
5allowance for
committed, paroled, and discharged prisoners; 
6library books; federal matching
grants for student loans; 
7refunds; workers' compensation, occupational disease,
and tort 
8claims; and, in appropriations to institutions of higher 
9education,
awards and grants.
10 (c-2) Special provisions for State fiscal year 2005. 
11Notwithstanding subsections (a), (a-2), and (c), for State 
12fiscal year 2005 only, transfers may be made among any line 
13item appropriations from the same or any other treasury fund 
14for any objects or purposes, without limitation, when the 
15balance remaining in one or more such line item appropriations 
16is insufficient for the purpose for which the appropriation was 
17made, provided that the sum of those transfers by a State 
18agency shall not exceed 4% of the aggregate amount appropriated 
19to that State agency for fiscal year 2005.

20 (c-3) Special provisions for State fiscal year 2015. 
21Notwithstanding any other provision of this Section, for State 
22fiscal year 2015, transfers among line item appropriations to a 
23State agency from the same State treasury fund may be made for 
24operational or lump sum expenses only, provided that the sum of 
25such transfers for a State agency in State fiscal year 2015 
26shall not exceed 4% of the aggregate amount appropriated to 
 
 
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1that State agency for operational or lump sum expenses for 
2State fiscal year 2015. For the purpose of this subsection, 
3"operational or lump sum expenses" includes the following 
4objects: personal services; extra help; student and inmate 
5compensation; State contributions to retirement systems; State 
6contributions to social security; State contributions for 
7employee group insurance; contractual services; travel; 
8commodities; printing; equipment; electronic data processing; 
9operation of automotive equipment; telecommunications 
10services; travel and allowance for committed, paroled, and 
11discharged prisoners; library books; federal matching grants 
12for student loans; refunds; workers' compensation, 
13occupational disease, and tort claims; lump sum and other 
14purposes; and lump sum operations. For the purpose of this 
15subsection (c-3), "State agency" does not include the Attorney 
16General, the Secretary of State, the Comptroller, the 
17Treasurer, or the legislative or judicial branches. 
18 (d) Transfers among appropriations made to agencies of the 
19Legislative
and Judicial departments and to the 
20constitutionally elected officers in the
Executive branch 
21require the approval of the officer authorized in Section 10
of 
22this Act to approve and certify vouchers. Transfers among 
23appropriations
made to the University of Illinois, Southern 
24Illinois University, Chicago State
University, Eastern 
25Illinois University, Governors State University, Illinois

26State University, Northeastern Illinois University, Northern 
 
 
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1Illinois
University, Western Illinois University, the Illinois 
2Mathematics and Science
Academy and the Board of Higher 
3Education require the approval of the Board of
Higher Education 
4and the Governor. Transfers among appropriations to all other

5agencies require the approval of the Governor.
6 The officer responsible for approval shall certify that the

7transfer is necessary to carry out the programs and purposes 
8for which
the appropriations were made by the General Assembly 
9and shall transmit
to the State Comptroller a certified copy of 
10the approval which shall
set forth the specific amounts 
11transferred so that the Comptroller may
change his records 
12accordingly. The Comptroller shall furnish the
Governor with 
13information copies of all transfers approved for agencies
of 
14the Legislative and Judicial departments and transfers 
15approved by
the constitutionally elected officials of the 
16Executive branch other
than the Governor, showing the amounts 
17transferred and indicating the
dates such changes were entered 
18on the Comptroller's records.
19 (e) The State Board of Education, in consultation with the 
20State Comptroller, may transfer line item appropriations for 
21General State Aid or Evidence-Based Funding between the Common 
22School Fund and the Education Assistance Fund. With the advice 
23and consent of the Governor's Office of Management and Budget, 
24the State Board of Education, in consultation with the State 
25Comptroller, may transfer line item appropriations between the 
26General Revenue Fund and the Education Assistance Fund for the 
 
 
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1following programs:
2  (1) Disabled Student Personnel Reimbursement (Section 
3 14-13.01 of the School Code);
4  (2) Disabled Student Transportation Reimbursement 
5 (subsection (b) of Section 14-13.01 of the School Code);
6  (3) Disabled Student Tuition - Private Tuition 
7 (Section 14-7.02 of the School Code);
8  (4) Extraordinary Special Education (Section 14-7.02b 
9 of the School Code);
10  (5) Reimbursement for Free Lunch/Breakfast Programs;
11  (6) Summer School Payments (Section 18-4.3 of the 
12 School Code);
13  (7) Transportation - Regular/Vocational Reimbursement 
14 (Section 29-5 of the School Code);
15  (8) Regular Education Reimbursement (Section 18-3 of 
16 the School Code); and
17  (9) Special Education Reimbursement (Section 14-7.03 
18 of the School Code). 
19(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2, 
20eff. 3-26-15.)


21 Section 920. The Illinois Income Tax Act is amended by 
22adding Section 224 as follows:

23 (35 ILCS 5/224 new)
24 Sec. 224. Invest in Kids credit. 
 
 
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1 (a) For taxable years beginning on or after January 1, 2018 
2and ending before January 1, 2023, each taxpayer for whom a tax 
3credit has been awarded by the Department under the Invest in 
4Kids Act is entitled to a credit against the tax imposed under 
5subsections (a) and (b) of Section 201 of this Act in an amount 
6equal to the amount awarded under the Invest in Kids Act. 
7 (b) For partners, shareholders of subchapter S 
8corporations, and owners of limited liability companies, if the 
9liability company is treated as a partnership for purposes of 
10federal and State income taxation, the credit under this 
11Section shall be determined in accordance with the 
12determination of income and distributive share of income under 
13Sections 702 and 704 and subchapter S of the Internal Revenue 
14Code. 
15 (c) The credit may not be carried back and may not reduce 
16the taxpayer's liability to less than zero. If the amount of 
17the credit exceeds the tax liability for the year, the excess 
18may be carried forward and applied to the tax liability of the 
195 taxable years following the excess credit year. The tax 
20credit shall be applied to the earliest year for which there is 
21a tax liability. If there are credits for more than one year 
22that are available to offset the liability, the earlier credit 
23shall be applied first. 
24 (d) A tax credit awarded by the Department under the Invest 
25in Kids Act may not be claimed for any qualified contribution 
26for which the taxpayer claims a federal income tax deduction.

 
 
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1 Section 925. The Property Tax Code is amended by changing 
2Sections 18-185, 18-200, and 18-249 and by adding Section 
318-206 as follows:

4 (35 ILCS 200/18-185)

5 Sec. 18-185. Short title; definitions.  This Division 5 may 
6be cited as the
Property Tax Extension Limitation Law. As used 
7in this Division 5:


8 "Consumer Price Index" means the Consumer Price Index for 
9All Urban
Consumers for all items published by the United 
10States Department of Labor.


11 "Extension limitation" means (a) the lesser of 5% or the 
12percentage increase
in the Consumer Price Index during the 
1312-month calendar year preceding the
levy year or (b) the rate 
14of increase approved by voters under Section 18-205.


15 "Affected county" means a county of 3,000,000 or more 
16inhabitants or a
county contiguous to a county of 3,000,000 or 
17more inhabitants.


18 "Taxing district" has the same meaning provided in Section 
191-150, except as
otherwise provided in this Section. For the 
201991 through 1994 levy years only,
"taxing district" includes 
21only each non-home rule taxing district having the
majority of 
22its
1990 equalized assessed value within any county or counties 
23contiguous to a
county with 3,000,000 or more inhabitants. 
24Beginning with the 1995 levy
year, "taxing district" includes 
 
 
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1only each non-home rule taxing district
subject to this Law 
2before the 1995 levy year and each non-home rule
taxing 
3district not subject to this Law before the 1995 levy year 
4having the
majority of its 1994 equalized assessed value in an 
5affected county or
counties. Beginning with the levy year in

6which this Law becomes applicable to a taxing district as

7provided in Section 18-213, "taxing district" also includes 
8those taxing
districts made subject to this Law as provided in 
9Section 18-213.


10 "Aggregate extension" for taxing districts to which this 
11Law applied before
the 1995 levy year means the annual 
12corporate extension for the taxing
district and those special 
13purpose extensions that are made annually for
the taxing 
14district, excluding special purpose extensions: (a) made for 
15the
taxing district to pay interest or principal on general 
16obligation bonds
that were approved by referendum; (b) made for 
17any taxing district to pay
interest or principal on general 
18obligation bonds issued before October 1,
1991; (c) made for 
19any taxing district to pay interest or principal on bonds

20issued to refund or continue to refund those bonds issued 
21before October 1,
1991; (d)
made for any taxing district to pay 
22interest or principal on bonds
issued to refund or continue to 
23refund bonds issued after October 1, 1991 that
were approved by 
24referendum; (e)
made for any taxing district to pay interest
or 
25principal on revenue bonds issued before October 1, 1991 for 
26payment of
which a property tax levy or the full faith and 
 
 
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1credit of the unit of local
government is pledged; however, a 
2tax for the payment of interest or principal
on those bonds 
3shall be made only after the governing body of the unit of 
4local
government finds that all other sources for payment are 
5insufficient to make
those payments; (f) made for payments 
6under a building commission lease when
the lease payments are 
7for the retirement of bonds issued by the commission
before 
8October 1, 1991, to pay for the building project; (g) made for 
9payments
due under installment contracts entered into before 
10October 1, 1991;
(h) made for payments of principal and 
11interest on bonds issued under the
Metropolitan Water 
12Reclamation District Act to finance construction projects

13initiated before October 1, 1991; (i) made for payments of 
14principal and
interest on limited bonds, as defined in Section 
153 of the Local Government Debt
Reform Act, in an amount not to 
16exceed the debt service extension base less
the amount in items 
17(b), (c), (e), and (h) of this definition for
non-referendum 
18obligations, except obligations initially issued pursuant to

19referendum; (j) made for payments of principal and interest on 
20bonds
issued under Section 15 of the Local Government Debt 
21Reform Act; (k)
made
by a school district that participates in 
22the Special Education District of
Lake County, created by 
23special education joint agreement under Section
10-22.31 of the 
24School Code, for payment of the school district's share of the

25amounts required to be contributed by the Special Education 
26District of Lake
County to the Illinois Municipal Retirement 
 
 
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1Fund under Article 7 of the
Illinois Pension Code; the amount 
2of any extension under this item (k) shall be
certified by the 
3school district to the county clerk; (l) made to fund
expenses 
4of providing joint recreational programs for persons with 
5disabilities under
Section 5-8 of
the
Park District Code or 
6Section 11-95-14 of the Illinois Municipal Code; (m) made for 
7temporary relocation loan repayment purposes pursuant to 
8Sections 2-3.77 and 17-2.2d of the School Code; (n) made for 
9payment of principal and interest on any bonds issued under the 
10authority of Section 17-2.2d of the School Code; (o) made for 
11contributions to a firefighter's pension fund created under 
12Article 4 of the Illinois Pension Code, to the extent of the 
13amount certified under item (5) of Section 4-134 of the 
14Illinois Pension Code; and (p) made for road purposes in the 
15first year after a township assumes the rights, powers, duties, 
16assets, property, liabilities, obligations, and

17responsibilities of a road district abolished under the 
18provisions of Section 6-133 of the Illinois Highway Code.


19 "Aggregate extension" for the taxing districts to which 
20this Law did not
apply before the 1995 levy year (except taxing 
21districts subject to this Law
in
accordance with Section 
2218-213) means the annual corporate extension for the
taxing 
23district and those special purpose extensions that are made 
24annually for
the taxing district, excluding special purpose 
25extensions: (a) made for the
taxing district to pay interest or 
26principal on general obligation bonds that
were approved by 
 
 
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1referendum; (b) made for any taxing district to pay interest
or 
2principal on general obligation bonds issued before March 1, 
31995; (c) made
for any taxing district to pay interest or 
4principal on bonds issued to refund
or continue to refund those 
5bonds issued before March 1, 1995; (d) made for any
taxing 
6district to pay interest or principal on bonds issued to refund 
7or
continue to refund bonds issued after March 1, 1995 that 
8were approved by
referendum; (e) made for any taxing district 
9to pay interest or principal on
revenue bonds issued before 
10March 1, 1995 for payment of which a property tax
levy or the 
11full faith and credit of the unit of local government is 
12pledged;
however, a tax for the payment of interest or 
13principal on those bonds shall be
made only after the governing 
14body of the unit of local government finds that
all other 
15sources for payment are insufficient to make those payments; 
16(f) made
for payments under a building commission lease when 
17the lease payments are for
the retirement of bonds issued by 
18the commission before March 1, 1995 to
pay for the building 
19project; (g) made for payments due under installment
contracts 
20entered into before March 1, 1995; (h) made for payments of

21principal and interest on bonds issued under the Metropolitan 
22Water Reclamation
District Act to finance construction 
23projects initiated before October 1,
1991; (h-4) made for 
24stormwater management purposes by the Metropolitan Water 
25Reclamation District of Greater Chicago under Section 12 of the 
26Metropolitan Water Reclamation District Act; (i) made for 
 
 
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1payments of principal and interest on limited bonds,
as defined 
2in Section 3 of the Local Government Debt Reform Act, in an 
3amount
not to exceed the debt service extension base less the 
4amount in items (b),
(c), and (e) of this definition for 
5non-referendum obligations, except
obligations initially 
6issued pursuant to referendum and bonds described in
subsection 
7(h) of this definition; (j) made for payments of
principal and 
8interest on bonds issued under Section 15 of the Local 
9Government
Debt Reform Act; (k) made for payments of principal 
10and interest on bonds
authorized by Public Act 88-503 and 
11issued under Section 20a of the Chicago
Park District Act for 
12aquarium or
museum projects; (l) made for payments of principal 
13and interest on
bonds
authorized by Public Act 87-1191 or 
1493-601 and (i) issued pursuant to Section 21.2 of the Cook 
15County Forest
Preserve District Act, (ii) issued under Section 
1642 of the Cook County
Forest Preserve District Act for 
17zoological park projects, or (iii) issued
under Section 44.1 of 
18the Cook County Forest Preserve District Act for
botanical 
19gardens projects; (m) made
pursuant
to Section 34-53.5 of the 
20School Code, whether levied annually or not;
(n) made to fund 
21expenses of providing joint recreational programs for persons 
22with disabilities under Section 5-8 of the Park
District Code 
23or Section 11-95-14 of the Illinois Municipal Code;
(o) made by 
24the
Chicago Park
District for recreational programs for persons 
25with disabilities under subsection (c) of
Section
7.06 of the 
26Chicago Park District Act; (p) made for contributions to a 
 
 
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1firefighter's pension fund created under Article 4 of the 
2Illinois Pension Code, to the extent of the amount certified 
3under item (5) of Section 4-134 of the Illinois Pension Code; 
4(q) made by Ford Heights School District 169 under Section 
517-9.02 of the School Code; and (r) made for the purpose of 
6making employer contributions to the Public School Teachers' 
7Pension and Retirement Fund of Chicago under Section 34-53 of 
8the School Code.


9 "Aggregate extension" for all taxing districts to which 
10this Law applies in
accordance with Section 18-213, except for 
11those taxing districts subject to
paragraph (2) of subsection 
12(e) of Section 18-213, means the annual corporate
extension for 
13the
taxing district and those special purpose extensions that 
14are made annually for
the taxing district, excluding special 
15purpose extensions: (a) made for the
taxing district to pay 
16interest or principal on general obligation bonds that
were 
17approved by referendum; (b) made for any taxing district to pay 
18interest
or principal on general obligation bonds issued before 
19the date on which the
referendum making this
Law applicable to 
20the taxing district is held; (c) made
for any taxing district 
21to pay interest or principal on bonds issued to refund
or 
22continue to refund those bonds issued before the date on which 
23the
referendum making this Law
applicable to the taxing 
24district is held;
(d) made for any
taxing district to pay 
25interest or principal on bonds issued to refund or
continue to 
26refund bonds issued after the date on which the referendum 
 
 
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1making
this Law
applicable to the taxing district is held if 
2the bonds were approved by
referendum after the date on which 
3the referendum making this Law
applicable to the taxing 
4district is held; (e) made for any
taxing district to pay 
5interest or principal on
revenue bonds issued before the date 
6on which the referendum making this Law
applicable to the

7taxing district is held for payment of which a property tax

8levy or the full faith and credit of the unit of local 
9government is pledged;
however, a tax for the payment of 
10interest or principal on those bonds shall be
made only after 
11the governing body of the unit of local government finds that

12all other sources for payment are insufficient to make those 
13payments; (f) made
for payments under a building commission 
14lease when the lease payments are for
the retirement of bonds 
15issued by the commission before the date on which the

16referendum making this
Law applicable to the taxing district is 
17held to
pay for the building project; (g) made for payments due 
18under installment
contracts entered into before the date on 
19which the referendum making this Law
applicable to
the taxing 
20district is held;
(h) made for payments
of principal and 
21interest on limited bonds,
as defined in Section 3 of the Local 
22Government Debt Reform Act, in an amount
not to exceed the debt 
23service extension base less the amount in items (b),
(c), and 
24(e) of this definition for non-referendum obligations, except

25obligations initially issued pursuant to referendum; (i) made 
26for payments
of
principal and interest on bonds issued under 
 
 
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1Section 15 of the Local Government
Debt Reform Act;
(j)
made 
2for a qualified airport authority to pay interest or principal 
3on
general obligation bonds issued for the purpose of paying 
4obligations due
under, or financing airport facilities 
5required to be acquired, constructed,
installed or equipped 
6pursuant to, contracts entered into before March
1, 1996 (but 
7not including any amendments to such a contract taking effect 
8on
or after that date); (k) made to fund expenses of providing 
9joint
recreational programs for persons with disabilities 
10under Section 5-8 of
the
Park District Code or Section 11-95-14 
11of the Illinois Municipal Code; (l) made for contributions to a 
12firefighter's pension fund created under Article 4 of the 
13Illinois Pension Code, to the extent of the amount certified 
14under item (5) of Section 4-134 of the Illinois Pension Code; 
15and (m) made for the taxing district to pay interest or 
16principal on general obligation bonds issued pursuant to 
17Section 19-3.10 of the School Code.


18 "Aggregate extension" for all taxing districts to which 
19this Law applies in
accordance with paragraph (2) of subsection 
20(e) of Section 18-213 means the
annual corporate extension for 
21the
taxing district and those special purpose extensions that 
22are made annually for
the taxing district, excluding special 
23purpose extensions: (a) made for the
taxing district to pay 
24interest or principal on general obligation bonds that
were 
25approved by referendum; (b) made for any taxing district to pay 
26interest
or principal on general obligation bonds issued before 
 
 
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1the effective date of
this amendatory Act of 1997;
(c) made
for 
2any taxing district to pay interest or principal on bonds 
3issued to refund
or continue to refund those bonds issued 
4before the effective date
of this amendatory Act of 1997;
(d) 
5made for any
taxing district to pay interest or principal on 
6bonds issued to refund or
continue to refund bonds issued after 
7the effective date of this amendatory Act
of 1997 if the bonds 
8were approved by referendum after the effective date of
this 
9amendatory Act of 1997;
(e) made for any
taxing district to pay 
10interest or principal on
revenue bonds issued before the 
11effective date of this amendatory Act of 1997
for payment of 
12which a property tax
levy or the full faith and credit of the 
13unit of local government is pledged;
however, a tax for the 
14payment of interest or principal on those bonds shall be
made 
15only after the governing body of the unit of local government 
16finds that
all other sources for payment are insufficient to 
17make those payments; (f) made
for payments under a building 
18commission lease when the lease payments are for
the retirement 
19of bonds issued by the commission before the effective date
of 
20this amendatory Act of 1997
to
pay for the building project; 
21(g) made for payments due under installment
contracts entered 
22into before the effective date of this amendatory Act of
1997;

23(h) made for payments
of principal and interest on limited 
24bonds,
as defined in Section 3 of the Local Government Debt 
25Reform Act, in an amount
not to exceed the debt service 
26extension base less the amount in items (b),
(c), and (e) of 
 
 
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1this definition for non-referendum obligations, except

2obligations initially issued pursuant to referendum; (i) made 
3for payments
of
principal and interest on bonds issued under 
4Section 15 of the Local Government
Debt Reform Act;
(j)
made 
5for a qualified airport authority to pay interest or principal 
6on
general obligation bonds issued for the purpose of paying 
7obligations due
under, or financing airport facilities 
8required to be acquired, constructed,
installed or equipped 
9pursuant to, contracts entered into before March
1, 1996 (but 
10not including any amendments to such a contract taking effect 
11on
or after that date); (k) made to fund expenses of providing 
12joint
recreational programs for persons with disabilities 
13under Section 5-8 of
the
Park District Code or Section 11-95-14 
14of the Illinois Municipal Code; and (l) made for contributions 
15to a firefighter's pension fund created under Article 4 of the 
16Illinois Pension Code, to the extent of the amount certified 
17under item (5) of Section 4-134 of the Illinois Pension Code.


18 "Debt service extension base" means an amount equal to that 
19portion of the
extension for a taxing district for the 1994 
20levy year, or for those taxing
districts subject to this Law in 
21accordance with Section 18-213, except for
those subject to 
22paragraph (2) of subsection (e) of Section 18-213, for the
levy

23year in which the referendum making this Law applicable to the 
24taxing district
is held, or for those taxing districts subject 
25to this Law in accordance with
paragraph (2) of subsection (e) 
26of Section 18-213 for the 1996 levy year,
constituting an

 
 
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1extension for payment of principal and interest on bonds issued 
2by the taxing
district without referendum, but not including 
3excluded non-referendum bonds. For park districts (i) that were 
4first
subject to this Law in 1991 or 1995 and (ii) whose 
5extension for the 1994 levy
year for the payment of principal 
6and interest on bonds issued by the park
district without 
7referendum (but not including excluded non-referendum bonds)

8was less than 51% of the amount for the 1991 levy year 
9constituting an
extension for payment of principal and interest 
10on bonds issued by the park
district without referendum (but 
11not including excluded non-referendum bonds),
"debt service 
12extension base" means an amount equal to that portion of the

13extension for the 1991 levy year constituting an extension for 
14payment of
principal and interest on bonds issued by the park 
15district without referendum
(but not including excluded 
16non-referendum bonds). A debt service extension base 
17established or increased at any time pursuant to any provision 
18of this Law, except Section 18-212, shall be increased each 
19year commencing with the later of (i) the 2009 levy year or 
20(ii) the first levy year in which this Law becomes applicable 
21to the taxing district, by the lesser of 5% or the percentage 
22increase in the Consumer Price Index during the 12-month 
23calendar year preceding the levy year. The debt service 
24extension
base may be established or increased as provided 
25under Section 18-212.
"Excluded non-referendum bonds" means 
26(i) bonds authorized by Public
Act 88-503 and issued under 
 
 
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1Section 20a of the Chicago Park District Act for
aquarium and 
2museum projects; (ii) bonds issued under Section 15 of the

3Local Government Debt Reform Act; or (iii) refunding 
4obligations issued
to refund or to continue to refund 
5obligations initially issued pursuant to
referendum.


6 "Special purpose extensions" include, but are not limited 
7to, extensions
for levies made on an annual basis for 
8unemployment and workers'
compensation, self-insurance, 
9contributions to pension plans, and extensions
made pursuant to 
10Section 6-601 of the Illinois Highway Code for a road

11district's permanent road fund whether levied annually or not. 
12The
extension for a special service area is not included in the

13aggregate extension.


14 "Aggregate extension base" means the taxing district's 
15last preceding
aggregate extension as adjusted under Sections 
1618-135, 18-215,
and 18-230, and 18-206.
An adjustment under 
17Section 18-135 shall be made for the 2007 levy year and all 
18subsequent levy years whenever one or more counties within 
19which a taxing district is located (i) used estimated 
20valuations or rates when extending taxes in the taxing district 
21for the last preceding levy year that resulted in the over or 
22under extension of taxes, or (ii) increased or decreased the 
23tax extension for the last preceding levy year as required by 
24Section 18-135(c). Whenever an adjustment is required under 
25Section 18-135, the aggregate extension base of the taxing 
26district shall be equal to the amount that the aggregate 
 
 
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1extension of the taxing district would have been for the last 
2preceding levy year if either or both (i) actual, rather than 
3estimated, valuations or rates had been used to calculate the 
4extension of taxes for the last levy year, or (ii) the tax 
5extension for the last preceding levy year had not been 
6adjusted as required by subsection (c) of Section 18-135.

7 Notwithstanding any other provision of law, for levy year 
82012, the aggregate extension base for West Northfield School 
9District No. 31 in Cook County shall be $12,654,592. 
10 "Levy year" has the same meaning as "year" under Section

111-155.


12 "New property" means (i) the assessed value, after final 
13board of review or
board of appeals action, of new improvements 
14or additions to existing
improvements on any parcel of real 
15property that increase the assessed value of
that real property 
16during the levy year multiplied by the equalization factor

17issued by the Department under Section 17-30, (ii) the assessed 
18value, after
final board of review or board of appeals action, 
19of real property not exempt
from real estate taxation, which 
20real property was exempt from real estate
taxation for any 
21portion of the immediately preceding levy year, multiplied by

22the equalization factor issued by the Department under Section 
2317-30, including the assessed value, upon final stabilization 
24of occupancy after new construction is complete, of any real 
25property located within the boundaries of an otherwise or 
26previously exempt military reservation that is intended for 
 
 
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1residential use and owned by or leased to a private corporation 
2or other entity,
(iii) in counties that classify in accordance 
3with Section 4 of Article
IX of the
Illinois Constitution, an 
4incentive property's additional assessed value
resulting from 
5a
scheduled increase in the level of assessment as applied to 
6the first year
final board of
review market value, and (iv) any 
7increase in assessed value due to oil or gas production from an 
8oil or gas well required to be permitted under the Hydraulic 
9Fracturing Regulatory Act that was not produced in or accounted 
10for during the previous levy year.
In addition, the county 
11clerk in a county containing a population of
3,000,000 or more 
12shall include in the 1997
recovered tax increment value for any 
13school district, any recovered tax
increment value that was 
14applicable to the 1995 tax year calculations.


15 "Qualified airport authority" means an airport authority 
16organized under
the Airport Authorities Act and located in a 
17county bordering on the State of
Wisconsin and having a 
18population in excess of 200,000 and not greater than
500,000.


19 "Recovered tax increment value" means, except as otherwise 
20provided in this
paragraph, the amount of the current year's 
21equalized assessed value, in the
first year after a 
22municipality terminates
the designation of an area as a 
23redevelopment project area previously
established under the 
24Tax Increment Allocation Development Act in the Illinois

25Municipal Code, previously established under the Industrial 
26Jobs Recovery Law
in the Illinois Municipal Code, previously 
 
 
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1established under the Economic Development Project Area Tax 
2Increment Act of 1995, or previously established under the 
3Economic
Development Area Tax Increment Allocation Act, of each 
4taxable lot, block,
tract, or parcel of real property in the 
5redevelopment project area over and
above the initial equalized 
6assessed value of each property in the
redevelopment project 
7area.
For the taxes which are extended for the 1997 levy year, 
8the recovered tax
increment value for a non-home rule taxing 
9district that first became subject
to this Law for the 1995 
10levy year because a majority of its 1994 equalized
assessed 
11value was in an affected county or counties shall be increased 
12if a
municipality terminated the designation of an area in 1993 
13as a redevelopment
project area previously established under 
14the Tax Increment Allocation
Development Act in the Illinois 
15Municipal Code, previously established under
the Industrial 
16Jobs Recovery Law in the Illinois Municipal Code, or previously

17established under the Economic Development Area Tax Increment 
18Allocation Act,
by an amount equal to the 1994 equalized 
19assessed value of each taxable lot,
block, tract, or parcel of 
20real property in the redevelopment project area over
and above 
21the initial equalized assessed value of each property in the

22redevelopment project area.
In the first year after a 
23municipality
removes a taxable lot, block, tract, or parcel of 
24real property from a
redevelopment project area established 
25under the Tax Increment Allocation
Development Act in the 
26Illinois
Municipal Code, the Industrial Jobs Recovery Law
in 
 
 
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1the Illinois Municipal Code, or the Economic
Development Area 
2Tax Increment Allocation Act, "recovered tax increment value"

3means the amount of the current year's equalized assessed value 
4of each taxable
lot, block, tract, or parcel of real property 
5removed from the redevelopment
project area over and above the 
6initial equalized assessed value of that real
property before 
7removal from the redevelopment project area.


8 Except as otherwise provided in this Section, "limiting 
9rate" means a
fraction the numerator of which is the last

10preceding aggregate extension base times an amount equal to one 
11plus the
extension limitation defined in this Section and the 
12denominator of which
is the current year's equalized assessed 
13value of all real property in the
territory under the 
14jurisdiction of the taxing district during the prior
levy year. 
15For those taxing districts that reduced their aggregate

16extension for the last preceding levy year, except for school 
17districts that reduced their extension for educational 
18purposes pursuant to Section 18-206, the highest aggregate 
19extension
in any of the last 3 preceding levy years shall be 
20used for the purpose of
computing the limiting rate. The 
21denominator shall not include new
property or the recovered tax 
22increment
value.
If a new rate, a rate decrease, or a limiting 
23rate increase has been approved at an election held after March 
2421, 2006, then (i) the otherwise applicable limiting rate shall 
25be increased by the amount of the new rate or shall be reduced 
26by the amount of the rate decrease, as the case may be, or (ii) 
 
 
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1in the case of a limiting rate increase, the limiting rate 
2shall be equal to the rate set forth
in the proposition 
3approved by the voters for each of the years specified in the 
4proposition, after
which the limiting rate of the taxing 
5district shall be calculated as otherwise provided. In the case 
6of a taxing district that obtained referendum approval for an 
7increased limiting rate on March 20, 2012, the limiting rate 
8for tax year 2012 shall be the rate that generates the 
9approximate total amount of taxes extendable for that tax year, 
10as set forth in the proposition approved by the voters; this 
11rate shall be the final rate applied by the county clerk for 
12the aggregate of all capped funds of the district for tax year 
132012.

14(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143, 
15eff. 7-27-15; 99-521, eff. 6-1-17.)





16 (35 ILCS 200/18-200)



17 Sec. 18-200. School Code. A school district's State aid 
18shall not be
reduced under the computation under subsections 
195(a) through 5(h) of Part A of
Section 18-8 of the School Code 
20or under Section 18-8.15 of the School Code due to the 
21operating tax rate falling from
above the minimum requirement 
22of that Section of the School Code to below the
minimum 
23requirement of that Section of the School Code due to the 
24operation of
this Law.

25(Source: P.A. 87-17; 88-455.)


 
 
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1 (35 ILCS 200/18-206 new)
2 Sec. 18-206. Decrease in extension for educational 
3purposes.
4 (a) Notwithstanding any other provision of law, for those 
5school districts whose adequacy targets, as defined in Section 
618-8.15 of this Code, exceed 110% for the school year that 
7begins during the calendar year immediately preceding the levy 
8year for which the reduction under this Section is sought, the 
9question of whether the school district shall reduce its 
10extension for educational purposes for the levy year in which 
11the election is held to an amount that is less than the 
12extension for educational purposes for the immediately 
13preceding levy year shall be submitted to the voters of the 
14school district at the next consolidated election but only upon 
15submission of a petition signed by not fewer than 10% of the 
16registered voters in the school district. In no event shall the 
17reduced extension be more than 10% lower than the amount 
18extended for educational purposes in the previous levy year, 
19and in no event shall the reduction cause the school district's 
20adequacy target to fall below 110% for the levy year for which 
21the reduction is sought.
22 (b) The petition shall be filed with the applicable 
23election authority, as defined in Section 1-3 of the Election 
24Code, or, in the case of multiple election authorities, with 
25the State Board of Elections, not more than 10 months nor less 
 
 
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1than 6 months prior to the election at which the question is to 
2be submitted to the voters, and its validity shall be 
3determined as provided by Article 28 of the Election Code and 
4general election law. The election authority or Board, as 
5applicable, shall certify the question and the proper election 
6authority or authorities shall submit the question to the 
7voters. Except as otherwise provided in this Section, this 
8referendum shall be subject to all other general election law 
9requirements.
10 (c) The proposition seeking to reduce the extension for 
11educational purposes shall be in substantially the following 
12form:
13  Shall the amount extended for educational purposes by 
14 (school district) be reduced from (previous levy year's 
15 extension) to (proposed extension) for (levy year), but in 
16 no event lower than the amount required to maintain an 
17 adequacy target of 110%?
18 Votes shall be recorded as "Yes" or "No".
19 If a majority of all votes cast on the proposition are in 
20favor of the proposition, then, for the levy year in which the 
21election is held, the amount extended by the school district 
22for educational purposes shall be reduced as provided in the 
23referendum; however, in no event shall the reduction exceed the 
24amount that would cause the school district to have an adequacy 
25target of 110% for the applicable school year.
26 Once the question is submitted to the voters, then the 
 
 
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1question may not be submitted again for the same school 
2district at any of the next 2 consolidated elections.
3 (d) For school districts that approve a reduction under 
4this Section, the county clerk shall extend a rate for 
5educational purposes that is no greater than the limiting rate 
6for educational purposes. If the school district is otherwise 
7subject to this Law for the applicable levy year, then, for the 
8levy year in which the reduction occurs, the county clerk shall 
9calculate separate limiting rates for educational purposes and 
10for the aggregate of the school district's other funds.
11 As used in this Section:
12 "School district" means each school district in the State, 
13regardless of whether or not that school district is otherwise 
14subject to this Law.
15 "Limiting rate for educational purposes" means a fraction 
16the numerator of which is the greater of (i) the amount 
17approved by the voters in the referendum under subsection (c) 
18of this Section or (ii) the amount that would cause the school 
19district to have an adequacy target of 110% for the applicable 
20school year, but in no event more than the school district's 
21extension for educational purposes in the immediately 
22preceding levy year, and the denominator of which is the 
23current year's equalized assessed value of all real property 
24under the jurisdiction of the school district during the prior 
25levy year. 




 
 
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1 (35 ILCS 200/18-249)



2 Sec. 18-249. Miscellaneous provisions. 

3 (a) Certification of new property. For the 1994 levy year, 
4the chief county
assessment officer shall certify to the county 
5clerk, after all changes by the
board of review or board of 
6appeals, as the case may be, the assessed value of
new property 
7by taxing district for the 1994 levy year under rules 
8promulgated
by the Department.

9 (b) School Code. A school district's State aid shall not be 
10reduced under
the computation under subsections 5(a) through 
115(h) of Part A of Section 18-8
of the School Code or under 
12Section 18-8.15 of the School Code due to the
operating tax 
13rate falling from above the minimum requirement of that Section

14of the School Code to below the minimum requirement of that 
15Section of the
School Code due to the operation of this Law.

16 (c) Rules. The Department shall make and promulgate 
17reasonable rules
relating to the administration of the purposes 
18and provisions of Sections
18-246 through 18-249 as may be 
19necessary or appropriate.

20(Source: P.A. 89-1, eff. 2-12-95.)


21 Section 930. The Illinois Pension Code is amended by 
22changing Section 17-127 as follows:




23 (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)



24 Sec. 17-127. Financing; revenues for the Fund. 

 
 
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1 (a) The revenues for the Fund shall consist of: (1) amounts 
2paid into
the Fund by contributors thereto and from employer 
3contributions and State
appropriations in accordance with this 
4Article; (2) amounts contributed to the
Fund by an Employer; 
5(3) amounts contributed to the Fund pursuant to any law
now in 
6force or hereafter to be enacted; (4) contributions from any 
7other
source; and (5) the earnings on investments.

8 (b) The General Assembly finds that for many years the 
9State has
contributed to the Fund an annual amount that is 
10between 20% and 30% of the
amount of the annual State 
11contribution to the Article 16 retirement system,
and the 
12General Assembly declares that it is its goal and intention to 
13continue
this level of contribution to the Fund in the future.

14 (c) Beginning in State fiscal year 1999, the State shall 
15include in its annual
contribution to the Fund an additional 
16amount equal to 0.544% of the Fund's
total teacher payroll; 
17except that this additional contribution need not be
made in a 
18fiscal year if the Board has certified in the previous fiscal 
19year
that the Fund is at least 90% funded, based on actuarial 
20determinations. These
additional State contributions are 
21intended to offset a portion of the cost to
the Fund of the 
22increases in retirement benefits resulting from this 
23amendatory
Act of 1998.

24 (d) In addition to any other contribution required under 
25this Article, including the contribution required under 
26subsection (c), the State shall contribute to the Fund the 
 
 
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1following amounts:
2  (1) For State fiscal year 2018, the State shall 
3 contribute $221,300,000 for the employer normal cost for 
4 fiscal year 2018 and the amount allowed under paragraph (3) 
5 of Section 17-142.1 of this Code to defray health insurance 
6 costs. Funds for this paragraph (1) shall come from funds 
7 appropriated for Evidence-Based Funding pursuant to 
8 Section 18-8.15 of the School Code. 
9  (2) Beginning in State fiscal year 2019, the State

10 shall contribute for each fiscal year an amount to be

11 determined by the Fund, equal to the employer normal cost

12 for that fiscal year, plus the amount allowed pursuant to 
13 paragraph (3) of Section 17-142.1 to defray health 
14 insurance costs.
15 (e) The Board shall determine the amount of State 
16contributions required for each fiscal year on the basis of the 
17actuarial tables and other assumptions adopted by the Board and 
18the recommendations of the actuary. On or before November 1 of 
19each year, beginning November 1, 2017, the Board shall submit 
20to the State Actuary, the Governor, and the General Assembly a 
21proposed certification of the amount of the required State 
22contribution to the Fund for the next fiscal year, along with 
23all of the actuarial assumptions, calculations, and data upon 
24which that proposed certification is based.
25 On or before January 1 of each year, beginning January 1,

262018, the State Actuary shall issue a preliminary report

 
 
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1concerning the proposed certification and identifying, if

2necessary, recommended changes in actuarial assumptions that

3the Board must consider before finalizing its certification of

4the required State contributions.
5 (f) On or before January 15, 2018 and each January 15 
6thereafter, the Board shall certify to the Governor and the

7General Assembly the amount of the required State contribution

8for the next fiscal year. The certification shall include a

9copy of the actuarial recommendations upon which it is based

10and shall specifically identify the Fund's projected employer

11normal cost for that fiscal year. The Board's certification

12must note any deviations from the State Actuary's recommended

13changes, the reason or reasons for not following the State

14Actuary's recommended changes, and the fiscal impact of not

15following the State Actuary's recommended changes on the

16required State contribution.
17 For the purposes of this Article, including issuing 
18vouchers, and for the purposes of subsection (h) of Section 1.1 
19of the State Pension Funds Continuing Appropriation Act, the 
20State contribution specified for State fiscal year 2018 shall 
21be deemed to have been certified, by operation of law and 
22without official action by the Board or the State Actuary, in 
23the amount provided in subsection (c) and subsection (d) of 
24this Section.
25 (g) For State fiscal year 2018, the State Board of 
26Education shall submit vouchers, as directed by the Board, for 
 
 
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1payment of State contributions to the Fund for the required 
2annual State contribution under subsection (d) of this Section. 
3These vouchers shall be paid by the State Comptroller and 
4Treasurer by warrants drawn on the amount appropriated to the 
5State Board of Education from the Common School Fund in Section 
65 of Article 97 of Public Act 100-21. If State appropriations 
7for State fiscal year 2018 are less than the amount lawfully 
8vouchered under this subsection, the difference shall be paid 
9from the Common School Fund under the continuing appropriation 
10authority provided in Section 1.1 of the State Pension Funds 
11Continuing Appropriation Act.
12 (h) For State fiscal year 2018, the Board shall submit 
13vouchers for the payment of State contributions to the Fund for 
14the required annual State contribution under subsection (c) of 
15this Section. Beginning in State fiscal year 2019, the Board 
16shall submit vouchers for payment of State contributions to the 
17Fund for the required annual State contribution under 
18subsections (c) and (d) of this Section. These vouchers shall 
19be paid by the State Comptroller and Treasurer by warrants 
20drawn on the funds appropriated to the Fund for that fiscal 
21year. If State appropriations to the Fund for the applicable 
22fiscal year are less than the amount lawfully vouchered under 
23this subsection, the difference shall be paid from the Common 
24School Fund under the continuing appropriation authority 
25provided in Section 1.1 of the State Pension Funds Continuing 
26Appropriation Act. 
 
 
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1(Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98; 
290-582, eff.
5-27-98; 90-655, eff. 7-30-98.)


3 Section 935. The State Pension Funds Continuing 
4Appropriation Act is amended by changing Section 1.1 as 
5follows:




6 (40 ILCS 15/1.1)


7 Sec. 1.1. Appropriations to certain retirement systems. 

8 (a) There is hereby appropriated from the General Revenue 
9Fund to the
General Assembly Retirement System, on a continuing 
10monthly basis, the amount,
if any, by which the total available 
11amount of all other appropriations to that
retirement system 
12for the payment of State contributions is less than the total

13amount of the vouchers for required State contributions 
14lawfully submitted by
the retirement system for that month 
15under Section 2-134 of the Illinois
Pension Code.

16 (b) There is hereby appropriated from the General Revenue 
17Fund to the
State Universities Retirement System, on a 
18continuing monthly basis, the
amount, if any, by which the 
19total available amount of all other appropriations
to that 
20retirement system for the payment of State contributions, 
21including
any deficiency in the required contributions of the 
22optional
retirement program established under Section 15-158.2 
23of the Illinois Pension
Code,
is less than
the total amount of 
24the vouchers for required State contributions lawfully

 
 
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1submitted by the retirement system for that month under Section 
215-165 of the
Illinois Pension Code.

3 (c) There is hereby appropriated from the Common School 
4Fund to the
Teachers' Retirement System of the State of 
5Illinois,
on a continuing monthly basis, the amount, if any, by 
6which the total
available amount of all other appropriations to 
7that retirement system for the
payment of State contributions 
8is less than the total amount of the vouchers
for required 
9State contributions lawfully submitted by the retirement 
10system
for that month under Section 16-158 of the Illinois 
11Pension Code.

12 (d) There is hereby appropriated from the General Revenue 
13Fund to the Judges
Retirement System of Illinois, on a 
14continuing monthly basis, the amount, if
any, by which the 
15total available amount of all other appropriations to that

16retirement system for the payment of State contributions is 
17less than the total
amount of the vouchers for required State 
18contributions lawfully submitted by
the retirement system for 
19that month under Section 18-140 of the Illinois
Pension Code.

20 (e) The continuing appropriations provided by subsections 
21(a), (b), (c), and (d) of this Section shall first
be available 
22in State fiscal year 1996. The continuing appropriations 
23provided by subsection (h) of this Section shall first
be 
24available as provided in that subsection (h). 

25 (f) For State fiscal year 2010 only, the continuing 
26appropriations provided by this Section are equal to the amount 
 
 
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1certified by each System on or before December 31, 2008, less 
2(i) the gross proceeds of the bonds sold in fiscal year 2010 
3under the authorization contained in subsection (a) of Section 
47.2 of the General Obligation Bond Act and (ii) any amounts 
5received from the State Pensions Fund. 
6 (g) For State fiscal year 2011 only, the continuing 
7appropriations provided by this Section are equal to the amount

8certified by each System on or before April 1, 2011, less
(i) 
9the gross proceeds of the bonds sold in fiscal year 2011
under 
10the authorization contained in subsection (a) of Section
7.2 of 
11the General Obligation Bond Act and (ii) any amounts
received 
12from the State Pensions Fund. 
13 (h) There is hereby appropriated from the Common School 
14Fund to the
Public School Teachers' Pension and Retirement Fund 
15of Chicago,
on a continuing basis, the amount, if any, by which 
16the total
available amount of all other State appropriations to 
17that Retirement Fund for the
payment of State contributions 
18under Section 17-127 of the Illinois Pension Code is less than 
19the total amount of the vouchers
for required State 
20contributions lawfully submitted by the Retirement Fund or the 
21State Board of Education, under that Section 17-127. 
22(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; 
2396-1511, eff. 1-27-11.)


24 Section 940. The Innovation Development and Economy Act is 
25amended by changing Section 33 as follows:

 
 
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1 (50 ILCS 470/33)

2 Sec. 33. STAR Bonds School Improvement and Operations Trust 
3Fund. 
4 (a) The STAR Bonds School Improvement and Operations Trust 
5Fund is created as a trust fund in the State treasury. Deposits 
6into the Trust Fund shall be made as provided under this 
7Section. Moneys in the Trust Fund shall be used by the 
8Department of Revenue only for the purpose of making payments 
9to school districts in educational service regions that include 
10or are adjacent to the STAR bond district. Moneys in the Trust 
11Fund are not subject to appropriation and shall be used solely 
12as provided in this Section. All deposits into the Trust Fund 
13shall be held in the Trust Fund by the State Treasurer as ex 
14officio custodian separate and apart from all public moneys or 
15funds of this State and shall be administered by the Department 
16exclusively for the purposes set forth in this Section. All 
17moneys in the Trust Fund shall be invested and reinvested by 
18the State Treasurer. All interest accruing from these 
19investments shall be deposited in the Trust Fund. 
20 (b) Upon approval of a STAR bond district, the political 
21subdivision shall immediately transmit to the county clerk of 
22the county in which the district is located a certified copy of 
23the ordinance creating the district, a legal description of the 
24district, a map of the district, identification of the year 
25that the county clerk shall use for determining the total 
 
 
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1initial equalized assessed value of the district consistent 
2with subsection (c), and a list of the parcel or tax 
3identification number of each parcel of property included in 
4the district.
5 (c) Upon approval of a STAR bond district, the county clerk 
6immediately thereafter shall determine (i) the most recently 
7ascertained equalized assessed value of each lot, block, tract, 
8or parcel of real property within the STAR bond district, from 
9which shall be deducted the homestead exemptions under Article 
1015 of the Property Tax Code, which value shall be the initial 
11equalized assessed value of each such piece of property, and 
12(ii) the total equalized assessed value of all taxable real 
13property within the district by adding together the most 
14recently ascertained equalized assessed value of each taxable 
15lot, block, tract, or parcel of real property within the 
16district, from which shall be deducted the homestead exemptions 
17under Article 15 of the Property Tax Code, and shall certify 
18that amount as the total initial equalized assessed value of 
19the taxable real property within the STAR bond district. 
20 (d) In reference to any STAR bond district created within 
21any political subdivision, and in respect to which the county 
22clerk has certified the total initial equalized assessed value 
23of the property in the area, the political subdivision may 
24thereafter request the clerk in writing to adjust the initial 
25equalized value of all taxable real property within the STAR 
26bond district by deducting therefrom the exemptions under 
 
 
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1Article 15 of the Property Tax Code applicable to each lot, 
2block, tract, or parcel of real property within the STAR bond 
3district. The county clerk shall immediately, after the written 
4request to adjust the total initial equalized value is 
5received, determine the total homestead exemptions in the STAR 
6bond district as provided under Article 15 of the Property Tax 
7Code by adding together the homestead exemptions provided by 
8said Article on each lot, block, tract, or parcel of real 
9property within the STAR bond district and then shall deduct 
10the total of said exemptions from the total initial equalized 
11assessed value. The county clerk shall then promptly certify 
12that amount as the total initial equalized assessed value as 
13adjusted of the taxable real property within the STAR bond 
14district.
15 (e) The county clerk or other person authorized by law 
16shall compute the tax rates for each taxing district with all 
17or a portion of its equalized assessed value located in the 
18STAR bond district. The rate per cent of tax determined shall 
19be extended to the current equalized assessed value of all 
20property in the district in the same manner as the rate per 
21cent of tax is extended to all other taxable property in the 
22taxing district.
23 (f) Beginning with the assessment year in which the first 
24destination user in the first STAR bond project in a STAR bond 
25district makes its first retail sales and for each assessment 
26year thereafter until final maturity of the last STAR bonds 
 
 
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1issued in the district, the county clerk or other person 
2authorized by law shall determine the increase in equalized 
3assessed value of all real property within the STAR bond 
4district by subtracting the initial equalized assessed value of 
5all property in the district certified under subsection (c) 
6from the current equalized assessed value of all property in 
7the district. Each year, the property taxes arising from the 
8increase in equalized assessed value in the STAR bond district 
9shall be determined for each taxing district and shall be 
10certified to the county collector.
11 (g) Beginning with the year in which taxes are collected 
12based on the assessment year in which the first destination 
13user in the first STAR bond project in a STAR bond district 
14makes its first retail sales and for each year thereafter until 
15final maturity of the last STAR bonds issued in the district, 
16the county collector shall, within 30 days after receipt of 
17property taxes, transmit to the Department to be deposited into 
18the STAR Bonds School Improvement and Operations Trust Fund 15% 
19of property taxes attributable to the increase in equalized 
20assessed value within the STAR bond district from each taxing 
21district as certified in subsection (f).
22 (h) The Department shall pay to the regional superintendent 
23of schools whose educational service region includes Franklin 
24and Williamson Counties, for each year for which money is 
25remitted to the Department and paid into the STAR Bonds School 
26Improvement and Operations Trust Fund, the money in the Fund as 
 
 
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1provided in this Section. The amount paid to each school 
2district shall be allocated
proportionately, based on each 
3qualifying school district's
fall enrollment for the 
4then-current school year, such that the school
district with 
5the largest fall enrollment receives the largest
proportionate 
6share of money paid out of the Fund or by any other method or 
7formula that the regional superintendent of schools deems fit, 
8equitable, and in the public interest. The regional 
9superintendent may allocate moneys to school districts that are 
10outside of his or her educational service region or to other 
11regional superintendents.
12 The Department shall determine the distributions under 
13this Section using its best judgment and information. The 
14Department shall be held harmless for the distributions made 
15under this Section and all distributions shall be final.
16 (i) In any year that an assessment appeal is filed, the 
17extension of taxes on any assessment so appealed shall not be 
18delayed. In the case of an assessment that is altered, any 
19taxes extended upon the unauthorized assessment or part thereof 
20shall be abated, or, if already paid, shall be refunded with 
21interest as provided in Section 23-20 of the Property Tax Code. 
22In the case of an assessment appeal, the county collector shall 
23notify the Department that an assessment appeal has been filed 
24and the amount of the tax that would have been deposited in the 
25STAR Bonds School Improvement and Operations Trust Fund. The 
26county collector shall hold that amount in a separate fund 
 
 
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1until the appeal process is final. After the appeal process is 
2finalized, the county collector shall transmit to the 
3Department the amount of tax that remains, if any, after all 
4required refunds are made. The Department shall pay any amount 
5deposited into the Trust Fund under this Section in the same 
6proportion as determined for payments for that taxable year 
7under subsection (h).
8 (j) In any year that ad valorem taxes are allocated to the 
9STAR Bonds School Improvement and Operations Trust Fund, that 
10allocation shall not reduce or otherwise impact the school aid 
11provided to any school district under the general State school 
12aid formula provided for in Section 18-8.05 of the School Code 
13or the evidence-based funding formula provided for in Section 
1418-8.15 of the School Code.

15(Source: P.A. 96-939, eff. 6-24-10.)

16 Section 945. The County Economic Development Project Area 
17Property
Tax Allocation Act is amended by changing Section 7 as 
18follows:




19 (55 ILCS 85/7) (from Ch. 34, par. 7007)



20 Sec. 7. Creation of special tax allocation fund. If a 
21county has
adopted property tax allocation financing by 
22ordinance for an economic
development project area, the 
23Department has approved and certified the
economic development 
24project area, and the county clerk has thereafter
certified the 
 
 
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1"total initial equalized value" of the taxable real property

2within such economic development project area in the manner 
3provided in
subsection (b) of Section 6 of this Act, each year 
4after the date of the
certification by the county clerk of the 
5"initial equalized assessed value"
until economic development 
6project costs and all county obligations
financing economic 
7development project costs have been paid, the ad valorem
taxes, 
8if any, arising from the levies upon the taxable real property 
9in
the economic development project area by taxing districts 
10and tax rates
determined in the manner provided in subsection 
11(b) of Section 6 of this Act
shall be divided as follows:

12  (1) That portion of the taxes levied upon each taxable 
13 lot, block, tract
or parcel of real property which is 
14 attributable to the lower of the current
equalized assessed 
15 value or the initial equalized assessed value of each
such 
16 taxable lot, block, tract, or parcel of real property 
17 existing at the
time property tax allocation financing was 
18 adopted shall be allocated and
when collected shall be paid 
19 by the county collector to the respective
affected taxing 
20 districts in the manner required by the law in the absence

21 of the adoption of property tax allocation financing.

22  (2) That portion, if any, of those taxes which is 
23 attributable to the
increase in the current equalized 
24 assessed valuation of each taxable lot,
block, tract, or 
25 parcel of real property in the economic development
project 
26 are, over and above the initial equalized assessed value of 
 
 
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1 each
property existing at the time property tax allocation 
2 financing was
adopted shall be allocated to and when 
3 collected shall be paid to the
county treasurer, who shall 
4 deposit those taxes into a special fund called
the special 
5 tax allocation fund of the county for the purpose of paying

6 economic development project costs and obligations 
7 incurred in the payment
thereof.

8 The county, by an ordinance adopting property tax 
9allocation financing,
may pledge the funds in and to be 
10deposited in the special tax allocation
fund for the payment of 
11obligations issued under this Act and for the
payment of 
12economic development project costs. No part of the current

13equalized assessed valuation of each property in the economic 
14development
project area attributable to any increase above the 
15total initial equalized
assessed value of such properties shall 
16be used in calculating the general
State school aid formula, 
17provided for in Section 18-8 of the School Code, or the 
18evidence-based funding formula, provided for in Section 
1918-8.15 of the School Code,
until such time as all economic 
20development projects costs have been paid
as provided for in 
21this Section.

22 Whenever a county issues bonds for the purpose of financing 
23economic
development project costs, the county may provide by 
24ordinance for the
appointment of a trustee, which may be any 
25trust company within the State,
and for the establishment of 
26the funds or accounts to be maintained by such
trustee as the 
 
 
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1county shall deem necessary to provide for the security and

2payment of the bonds. If the county provides for the 
3appointment of a
trustee, the trustee shall be considered the 
4assignee of any payments
assigned by the county pursuant to the 
5ordinance and this Section. Any
amounts paid to the trustee as 
6assignee shall be deposited in the funds or
accounts 
7established pursuant to the trust agreement, and shall be held 
8by
the trustee in trust for the benefit of the holders of the 
9bonds, and the
holders shall have a lien on and a security 
10interest in those bonds or
accounts so long as the bonds remain 
11outstanding and unpaid. Upon
retirement of the bonds, the 
12trustee shall pay over any excess amounts held
to the county 
13for deposit in the special tax allocation fund.

14 When the economic development project costs, including 
15without limitation
all county obligations financing economic 
16development project costs
incurred under this Act, have been 
17paid, all surplus funds then remaining
in the special tax 
18allocation funds shall be distributed by being paid by
the 
19county treasurer to the county collector, who shall immediately

20thereafter pay those funds to the taxing districts having 
21taxable property
in the economic development project area in 
22the same manner and proportion
as the most recent distribution 
23by the county collector to those taxing
districts of real 
24property taxes from real property in the economic
development 
25project area.

26 Upon the payment of all economic development project costs, 
 
 
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1retirement of
obligations and the distribution of any excess 
2monies pursuant to this
Section and not later than 23 years 
3from the date of adoption of the
ordinance adopting property 
4tax allocation financing, the county shall
adopt an ordinance 
5dissolving the special tax allocation fund for the
economic 
6development project area and terminating the designation of the

7economic development project area as an economic development 
8project area; however, in relation to one or more contiguous 
9parcels not exceeding a total area of 120 acres within which an 
10electric generating facility is intended to be constructed, and 
11with respect to which the owner of that proposed electric 
12generating facility has entered into a redevelopment agreement 
13with Grundy County on or before July 25, 2017, the ordinance of 
14the county required in this paragraph shall not dissolve the 
15special tax allocation fund for the existing economic 
16development project area and shall only terminate the 
17designation of the economic development project area as to 
18those portions of the economic development project area 
19excluding the area covered by the redevelopment agreement 
20between the owner of the proposed electric generating facility 
21and Grundy County; the county shall adopt an ordinance 
22dissolving the special tax allocation fund for the economic 
23development project area and terminating the designation of the 
24economic development project area as an economic development 
25project area with regard to the electric generating facility 
26property not later than 35 years from the date of adoption of 
 
 
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1the ordinance adopting property tax allocation financing.

2Thereafter the rates of the taxing districts shall be extended 
3and taxes
levied, collected and distributed in the manner 
4applicable in the absence
of the adoption of property tax 
5allocation financing.

6 Nothing in this Section shall be construed as relieving 
7property in
economic development project areas from being 
8assessed as provided in the
Property Tax Code or as relieving 
9owners of that
property from paying a uniform rate of taxes, as 
10required by Section 4 of
Article IX of the Illinois 
11Constitution of 1970.

12(Source: P.A. 98-463, eff. 8-16-13; 99-513, eff. 6-30-16.)


13 Section 950. The County Economic Development Project Area 
14Tax Increment
Allocation Act of 1991 is amended by changing 
15Section 50 as follows:




16 (55 ILCS 90/50) (from Ch. 34, par. 8050)



17 Sec. 50. Special tax allocation fund. 

18 (a) If a county clerk has certified the "total initial 
19equalized
assessed value" of the taxable real property within 
20an economic development
project area in the manner provided in 
21Section 45, each year
after the date of the certification by 
22the county clerk of the "total
initial equalized assessed 
23value", until economic development project costs
and all county 
24obligations financing economic development
project costs have 
 
 
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1been paid, the ad valorem taxes, if any, arising from
the 
2levies upon the taxable real property in the economic 
3development
project area by taxing districts and tax rates 
4determined in the manner
provided in subsection (b) of Section 
545 shall be divided as follows:


6  (1) That portion of the taxes levied upon each taxable 
7 lot, block,
tract, or parcel of real property that is 
8 attributable to the lower of the
current equalized assessed 
9 value or the initial equalized assessed value of
each 
10 taxable lot, block, tract, or parcel of real property 
11 existing at
the time tax increment financing was adopted 
12 shall be allocated to (and
when collected shall be paid by 
13 the county collector to) the respective
affected taxing 
14 districts in the manner required by law in the absence of

15 the adoption of tax increment allocation financing.


16  (2) That portion, if any, of the taxes that is 
17 attributable to the
increase in the current equalized 
18 assessed valuation of each taxable lot,
block, tract, or 
19 parcel of real property in the economic development
project 
20 area, over and above the initial equalized assessed value 
21 of each
property existing at the time tax increment 
22 financing was adopted, shall be
allocated to (and when 
23 collected shall be paid to) the county treasurer,
who shall 
24 deposit the taxes into a special fund (called the special 
25 tax
allocation fund of the county) for the purpose of 
26 paying economic development
project costs and obligations 
 
 
10000SB1947ham005- 100 -LRB100 09675 JWD 28950 a


1 incurred in the payment of those costs.

2 (b) The county, by an ordinance adopting tax increment

3allocation financing, may pledge the monies in and to be 
4deposited into the
special tax allocation fund for the payment 
5of obligations issued under
this Act and for the payment of 
6economic development project costs. No
part of the current 
7equalized assessed valuation of each property in the
economic 
8development project area attributable to any increase above the

9total initial equalized assessed value of those properties 
10shall be used in
calculating the general State school aid 
11formula under Section
18-8 of the School Code or the 
12evidence-based funding formula under Section 18-8.15 of the 
13School Code until all economic development
projects costs have 
14been paid as provided for in this Section.

15 (c) When the economic development projects costs, 
16including without
limitation all county obligations financing 
17economic
development project costs incurred under this Act, 
18have been paid, all
surplus monies then remaining in the 
19special tax allocation fund shall be
distributed by being paid 
20by the county treasurer to the
county collector, who shall 
21immediately pay the monies to the
taxing districts having 
22taxable property in the economic development
project area in 
23the same manner and proportion as the most recent
distribution 
24by the county collector to those taxing districts of real

25property taxes from real property in the economic development 
26project area.

 
 
10000SB1947ham005- 101 -LRB100 09675 JWD 28950 a


1 (d) Upon the payment of all economic development project 
2costs,
retirement of obligations, and distribution of any 
3excess monies
under this Section, the county shall adopt an 
4ordinance dissolving the
special tax allocation fund for the 
5economic development project area and
terminating the 
6designation of the economic development project area as an

7economic development project area. Thereafter, the rates of the 
8taxing
districts shall be extended and taxes shall be levied, 
9collected, and
distributed in the manner applicable in the 
10absence of the adoption of tax
increment allocation financing.

11 (e) Nothing in this Section shall be construed as relieving 
12property in
the economic development project areas from being 
13assessed as provided in
the Property Tax Code or as relieving 
14owners of
that property from paying a uniform rate of taxes as 
15required by Section 4 of
Article IX of the Illinois 
16Constitution.

17(Source: P.A. 98-463, eff. 8-16-13.)


18 Section 955. The Illinois Municipal Code is amended by 
19changing Sections 11-74.4-3, 11-74.4-8, and 11-74.6-35 as 
20follows:




21 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)

22 Sec. 11-74.4-3. Definitions. The following terms, wherever 
23used or
referred to in this Division 74.4 shall have the 
24following respective meanings,
unless in any case a different 
 
 
10000SB1947ham005- 102 -LRB100 09675 JWD 28950 a


1meaning clearly appears from the context.

2 (a) For any redevelopment project area that has been 
3designated pursuant
to this
Section by an ordinance adopted 
4prior to November 1, 1999 (the effective
date of Public Act

591-478), "blighted area" shall have the meaning set
forth in 
6this Section
prior to that date.

7 On and after November 1, 1999,
"blighted area" means any 
8improved or vacant area within the boundaries
of a 
9redevelopment project area located within the territorial 
10limits of
the municipality where:

11  (1) If improved, industrial, commercial, and 
12 residential buildings or
improvements are detrimental to 
13 the public safety, health, or welfare
because of a 
14 combination of 5 or more of the following factors, each of 
15 which
is (i) present, with that presence documented, to a 
16 meaningful extent so
that a municipality may reasonably 
17 find that the factor is clearly
present within the intent 
18 of the Act and (ii) reasonably distributed throughout
the 
19 improved part of the redevelopment project area:

20   (A) Dilapidation. An advanced state of disrepair 
21 or neglect of
necessary
repairs to the primary 
22 structural components of buildings or improvements in

23 such a combination that a documented building 
24 condition analysis determines
that major repair is 
25 required or the defects are so serious and so extensive

26 that the buildings must be removed.

 
 
10000SB1947ham005- 103 -LRB100 09675 JWD 28950 a


1   (B) Obsolescence. The condition or process of 
2 falling into disuse.
Structures have become ill-suited 
3 for the original use.

4   (C) Deterioration. With respect to buildings, 
5 defects
including, but not limited to, major defects in

6 the secondary building components such as doors, 
7 windows, porches, gutters and
downspouts, and fascia. 
8 With respect to surface improvements, that the

9 condition of roadways, alleys, curbs, gutters, 
10 sidewalks, off-street parking,
and surface storage 
11 areas evidence deterioration, including, but not 
12 limited
to, surface cracking, crumbling, potholes, 
13 depressions, loose paving material,
and weeds 
14 protruding through paved surfaces.

15   (D) Presence of structures below minimum code 
16 standards. All structures
that do not meet the 
17 standards of zoning, subdivision, building, fire, and

18 other governmental codes applicable to property, but 
19 not including housing and
property maintenance codes.

20   (E) Illegal use of individual structures. The use 
21 of structures in
violation of applicable federal, 
22 State, or local laws, exclusive of those
applicable to 
23 the presence of structures below minimum code 
24 standards.

25   (F) Excessive vacancies. The presence of
buildings 
26 that are unoccupied or under-utilized and that 
 
 
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1 represent an adverse
influence on the area because of 
2 the frequency, extent, or duration of the
vacancies.

3   (G) Lack of ventilation, light, or sanitary 
4 facilities. The absence of
adequate ventilation for 
5 light or air circulation in spaces or rooms without

6 windows, or that require the removal of dust, odor, 
7 gas, smoke, or other
noxious airborne materials. 
8 Inadequate natural light and ventilation means
the 
9 absence of skylights or windows for interior spaces or 
10 rooms and improper
window sizes and amounts by room 
11 area to window area ratios. Inadequate
sanitary 
12 facilities refers to the absence or inadequacy of 
13 garbage storage and
enclosure,
bathroom facilities, 
14 hot water and kitchens, and structural inadequacies

15 preventing ingress and egress to and from all rooms and 
16 units within a
building.

17   (H) Inadequate utilities. Underground and overhead 
18 utilities
such as storm sewers and storm drainage, 
19 sanitary sewers, water lines, and
gas, telephone, and

20 electrical services that are shown to be inadequate. 
21 Inadequate utilities are
those that are: (i) of 
22 insufficient capacity to serve the uses in the

23 redevelopment project area, (ii) deteriorated,

24 antiquated, obsolete, or in disrepair, or (iii) 
25 lacking within the
redevelopment project area.

26   (I) Excessive land coverage and overcrowding of 
 
 
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1 structures and community
facilities. The 
2 over-intensive use of property and the crowding of 
3 buildings
and accessory facilities onto a site. 
4 Examples of problem conditions
warranting the 
5 designation of an area as one exhibiting excessive land 
6 coverage
are: (i) the presence of buildings either 
7 improperly situated on parcels or
located
on parcels of 
8 inadequate size and shape in relation to present-day 
9 standards of
development for health and safety and (ii) 
10 the presence of multiple buildings
on a
single parcel. 
11 For there to be a finding of excessive land coverage,

12 these parcels must exhibit one or more of the following 
13 conditions:
insufficient provision for
light and air 
14 within or around buildings, increased threat of spread 
15 of fire
due to the close proximity of buildings, lack 
16 of adequate or proper access to a
public right-of-way, 
17 lack of reasonably required off-street parking, or

18 inadequate provision for loading and service.

19   (J) Deleterious land use or layout. The existence 
20 of incompatible
land-use
relationships, buildings 
21 occupied by inappropriate mixed-uses, or uses

22 considered to be noxious, offensive, or unsuitable for 
23 the
surrounding area.

24   (K) Environmental clean-up. The proposed 
25 redevelopment project area
has incurred Illinois 
26 Environmental Protection Agency or United States

 
 
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1 Environmental Protection Agency remediation costs for, 
2 or a study conducted by
an independent consultant 
3 recognized as having expertise in environmental

4 remediation has determined a need for, the
clean-up of 
5 hazardous
waste, hazardous substances, or underground 
6 storage tanks required by State or
federal law, 
7 provided that the remediation costs constitute a 
8 material
impediment to the development or 
9 redevelopment of the redevelopment project
area.

10   (L) Lack of community planning. The proposed 
11 redevelopment project area
was
developed prior to or 
12 without the benefit or guidance of a community plan.

13 This means that the development occurred prior to the 
14 adoption by the
municipality of a comprehensive or 
15 other community plan or that the plan was
not followed 
16 at the time of the area's development. This factor must 
17 be
documented by evidence of adverse or incompatible 
18 land-use relationships,
inadequate street layout, 
19 improper subdivision, parcels of inadequate shape and

20 size to meet contemporary development standards, or 
21 other evidence
demonstrating
an absence of effective 
22 community planning.

23   (M) The total equalized assessed value of the 
24 proposed redevelopment
project area has declined for 3 
25 of the last 5 calendar years
prior to the year in which 
26 the redevelopment project area is designated
or is 
 
 
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1 increasing at an
annual rate that is less
than the 
2 balance of the municipality for 3 of the last 5 
3 calendar years
for which
information is available or is 
4 increasing at an annual rate that is less than
the 
5 Consumer Price Index
for All Urban Consumers published 
6 by the United States Department of Labor or
successor 
7 agency for 3 of the last 5 calendar years
prior to the 
8 year in which the redevelopment project area is 
9 designated.

10  (2) If vacant, the sound growth of the redevelopment 
11 project area
is impaired by a
combination of 2 or more of 
12 the following factors, each of which
is (i) present, with 
13 that presence documented, to a meaningful extent so
that
a 
14 municipality may reasonably find that the factor is clearly 
15 present
within the intent of the Act and (ii) reasonably 
16 distributed throughout the
vacant part of the

17 redevelopment project area to which it pertains:

18   (A) Obsolete platting of vacant land that results 
19 in parcels of
limited or
narrow size or configurations 
20 of parcels of irregular size or shape that would
be 
21 difficult to develop on
a planned basis and in a manner 
22 compatible with contemporary standards and

23 requirements, or platting that failed to create 
24 rights-of-ways for streets or
alleys or that created 
25 inadequate right-of-way widths for streets, alleys, or

26 other public rights-of-way or that omitted easements 
 
 
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1 for public utilities.

2   (B) Diversity of ownership of parcels of vacant 
3 land sufficient in
number to
retard or impede the 
4 ability to assemble the land for development.

5   (C) Tax and special assessment delinquencies exist 
6 or the property has
been the subject of tax sales under 
7 the Property Tax Code within the last 5
years.

8   (D) Deterioration of structures or site 
9 improvements in neighboring
areas adjacent to the 
10 vacant land.

11   (E) The area has incurred Illinois Environmental 
12 Protection Agency or
United States Environmental 
13 Protection Agency remediation costs for, or a study

14 conducted by an independent consultant recognized as 
15 having expertise in
environmental remediation has 
16 determined a need for, the
clean-up of hazardous
waste, 
17 hazardous substances, or underground storage tanks 
18 required by State or
federal law, provided that the 
19 remediation costs
constitute a material impediment to 
20 the development or redevelopment of
the
redevelopment 
21 project area.

22   (F) The total equalized assessed value of the 
23 proposed redevelopment
project area has declined for 3 
24 of the last 5 calendar years
prior to the year in which 
25 the redevelopment project area is designated
or is 
26 increasing at an
annual rate that is less
than the 
 
 
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1 balance of the municipality for 3 of the last 5 
2 calendar years for
which information is available or is 
3 increasing at an annual rate that is less
than
the 
4 Consumer Price Index
for All Urban Consumers published 
5 by the United States Department of Labor or
successor 
6 agency for 3 of the last 5 calendar years
prior to the 
7 year in which the redevelopment project area is 
8 designated.

9  (3) If vacant, the sound growth of the redevelopment 
10 project area is
impaired by one of the
following factors 
11 that (i) is present, with that presence documented, to a

12 meaningful extent so that a municipality may reasonably 
13 find that the factor is
clearly
present within the intent 
14 of the Act and (ii) is reasonably distributed
throughout 
15 the vacant part of the
redevelopment project area to which 
16 it pertains:

17   (A) The area consists of one or more unused 
18 quarries, mines, or strip
mine ponds.

19   (B) The area consists of unused rail yards, rail 
20 tracks, or railroad
rights-of-way.

21   (C) The area, prior to its designation, is subject 
22 to (i) chronic
flooding
that adversely impacts on real 
23 property in the area as certified by a
registered

24 professional engineer or appropriate regulatory agency 
25 or (ii) surface water
that
discharges from all or a 
26 part of the area and contributes to flooding within
the

 
 
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1 same watershed, but only if the redevelopment project 
2 provides for facilities
or
improvements to contribute 
3 to the alleviation of all or part of the
flooding.

4   (D) The area consists of an unused or illegal 
5 disposal site containing
earth,
stone, building 
6 debris, or similar materials that were removed from

7 construction, demolition, excavation, or dredge sites.

8   (E) Prior to November 1, 1999, the area
is not less 
9 than 50 nor more than 100 acres and 75%
of which is 
10 vacant (notwithstanding that the area has been used
for 
11 commercial agricultural purposes within 5 years prior 
12 to the designation
of the redevelopment project area), 
13 and the area meets at least one of
the factors itemized 
14 in paragraph (1) of this subsection, the area
has been 
15 designated as a town or village center by ordinance or 
16 comprehensive
plan adopted prior to January 1, 1982, 
17 and the area has not been developed
for that designated 
18 purpose.

19   (F) The area qualified as a blighted improved area 
20 immediately prior to
becoming vacant, unless there has 
21 been substantial private investment in the
immediately 
22 surrounding area.

23 (b) For any redevelopment project area that has been 
24designated pursuant
to this
Section by an ordinance adopted 
25prior to November 1, 1999 (the effective
date of Public Act

2691-478), "conservation area" shall have the meaning
set forth 
 
 
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1in this
Section prior to that date.

2 On and after November 1, 1999,
"conservation area" means 
3any improved area within the boundaries
of a redevelopment 
4project area located within the territorial limits of
the 
5municipality in which 50% or more of the structures in the area 
6have
an age of 35 years or more.
Such an area is not yet a 
7blighted area but
because of a combination of 3 or more of the 
8following factors is detrimental
to the public safety, health, 
9morals
or welfare and such an area may become a blighted area:

10  (1) Dilapidation. An advanced state of disrepair or 
11 neglect of
necessary
repairs to the primary structural 
12 components of buildings or improvements in
such a 
13 combination that a documented building condition analysis 
14 determines
that major repair is required or the defects are 
15 so serious and so extensive
that the buildings must be 
16 removed.

17  (2) Obsolescence. The condition or process of falling 
18 into disuse.
Structures have become ill-suited for the 
19 original use.

20  (3) Deterioration. With respect to buildings, defects

21 including, but not limited to, major defects in
the 
22 secondary building components such as doors, windows, 
23 porches, gutters and
downspouts, and fascia. With respect 
24 to surface improvements, that the
condition of roadways, 
25 alleys, curbs, gutters, sidewalks, off-street parking,
and 
26 surface storage areas evidence deterioration, including, 
 
 
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1 but not limited
to, surface cracking, crumbling, potholes, 
2 depressions, loose paving material,
and weeds protruding 
3 through paved surfaces.

4  (4) Presence of structures below minimum code 
5 standards. All structures
that do not meet the standards of 
6 zoning, subdivision, building, fire, and
other 
7 governmental codes applicable to property, but not 
8 including housing and
property maintenance codes.

9  (5) Illegal use of individual structures. The use of 
10 structures in
violation of applicable federal, State, or 
11 local laws, exclusive of those
applicable to the presence 
12 of structures below minimum code standards.

13  (6) Excessive vacancies. The presence of
buildings 
14 that are unoccupied or under-utilized and that represent an 
15 adverse
influence on the area because of the frequency, 
16 extent, or duration of the
vacancies.

17  (7) Lack of ventilation, light, or sanitary 
18 facilities. The absence of
adequate ventilation for light 
19 or air circulation in spaces or rooms without
windows, or 
20 that require the removal of dust, odor, gas, smoke, or 
21 other
noxious airborne materials. Inadequate natural light 
22 and ventilation means
the absence or inadequacy of 
23 skylights or windows for interior spaces or rooms
and 
24 improper
window sizes and amounts by room area to window 
25 area ratios. Inadequate
sanitary facilities refers to the 
26 absence or inadequacy of garbage storage and
enclosure,

 
 
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1 bathroom facilities, hot water and kitchens, and 
2 structural inadequacies
preventing ingress and egress to 
3 and from all rooms and units within a
building.

4  (8) Inadequate utilities. Underground and overhead 
5 utilities
such as storm sewers and storm drainage, sanitary 
6 sewers, water lines, and gas,
telephone, and
electrical 
7 services that are shown to be inadequate. Inadequate 
8 utilities are
those that are: (i) of insufficient capacity 
9 to serve the uses in the
redevelopment project area, (ii) 
10 deteriorated,
antiquated, obsolete, or in disrepair, or 
11 (iii) lacking within the
redevelopment project area.

12  (9) Excessive land coverage and overcrowding of 
13 structures and community
facilities. The over-intensive 
14 use of property and the crowding of buildings
and accessory 
15 facilities onto a site. Examples of problem conditions

16 warranting the designation of an area as one exhibiting 
17 excessive land coverage
are: the presence of buildings 
18 either improperly situated on parcels or located
on parcels 
19 of inadequate size and shape in relation to present-day 
20 standards of
development for health and safety and the 
21 presence of multiple buildings on a
single parcel. For 
22 there to be a finding of excessive land coverage,
these 
23 parcels must exhibit one or more of the following 
24 conditions:
insufficient provision for
light and air 
25 within or around buildings, increased threat of spread of 
26 fire
due to the close proximity of buildings, lack of 
 
 
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1 adequate or proper access to a
public right-of-way, lack of 
2 reasonably required off-street parking, or
inadequate 
3 provision for loading and service.

4  (10) Deleterious land use or layout. The existence of 
5 incompatible
land-use
relationships, buildings occupied by 
6 inappropriate mixed-uses, or uses
considered to be 
7 noxious, offensive, or unsuitable for the
surrounding 
8 area.

9  (11) Lack of community planning. The proposed 
10 redevelopment project area
was
developed prior to or 
11 without the benefit or guidance of a community plan.
This 
12 means that the development occurred prior to the adoption 
13 by the
municipality of a comprehensive or other community 
14 plan or that the plan was
not followed at the time of the 
15 area's development. This factor must be
documented by 
16 evidence of adverse or incompatible land-use 
17 relationships,
inadequate street layout, improper 
18 subdivision, parcels of inadequate shape and
size to meet 
19 contemporary development standards, or other evidence

20 demonstrating
an absence of effective community planning.

21  (12) The area has incurred Illinois Environmental 
22 Protection Agency or
United
States Environmental 
23 Protection Agency remediation costs for, or a study

24 conducted by an independent consultant recognized as 
25 having expertise in
environmental remediation has 
26 determined a need for, the clean-up of hazardous
waste, 
 
 
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1 hazardous substances, or underground storage tanks 
2 required by State
or federal law, provided that the 
3 remediation costs constitute a material
impediment to the 
4 development or redevelopment of the redevelopment project

5 area.

6  (13) The total equalized assessed value of the proposed 
7 redevelopment
project area has declined for 3 of the last 5 
8 calendar years
for which information is
available or is 
9 increasing at an annual rate that is less than the balance 
10 of
the municipality for 3 of the last 5 calendar years for 
11 which information is
available or is increasing at an 
12 annual rate that is less
than the Consumer Price Index for 
13 All Urban Consumers published by the United
States 
14 Department of Labor or successor agency for 3 of the last 5 
15 calendar
years for which information is available.

16 (c) "Industrial park" means an area in a blighted or 
17conservation
area suitable for use by any manufacturing, 
18industrial, research or
transportation enterprise, of 
19facilities to include but not be limited to
factories, mills, 
20processing plants, assembly plants, packing plants,

21fabricating plants, industrial distribution centers, 
22warehouses, repair
overhaul or service facilities, freight 
23terminals, research facilities,
test facilities or railroad 
24facilities.

25 (d) "Industrial park conservation area" means an area 
26within the
boundaries of a redevelopment project area located 
 
 
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1within the territorial
limits of a municipality that is a labor 
2surplus municipality or within 1
1/2 miles of the territorial 
3limits of a municipality that is a labor
surplus municipality 
4if the area is annexed to the municipality; which
area is zoned 
5as industrial no later than at the time the municipality by

6ordinance designates the redevelopment project area, and which 
7area
includes both vacant land suitable for use as an 
8industrial park and a
blighted area or conservation area 
9contiguous to such vacant land.

10 (e) "Labor surplus municipality" means a municipality in 
11which, at any
time during the 6 months before the municipality 
12by ordinance designates
an industrial park conservation area, 
13the unemployment rate was over 6% and was
also 100% or more of 
14the national average unemployment rate for that same
time as 
15published in the United States Department of Labor Bureau of 
16Labor
Statistics publication entitled "The Employment 
17Situation" or its successor
publication. For the purpose of 
18this subsection, if unemployment rate
statistics for the 
19municipality are not available, the unemployment rate in
the 
20municipality shall be deemed to be the same as the unemployment 
21rate in
the principal county in which the municipality is 
22located.

23 (f) "Municipality" shall mean a city, village, 
24incorporated town, or a township that is located in the 
25unincorporated portion of a county with 3 million or more 
26inhabitants, if the county adopted an ordinance that approved 
 
 
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1the township's redevelopment plan.

2 (g) "Initial Sales Tax Amounts" means the amount of taxes 
3paid under
the Retailers' Occupation Tax Act, Use Tax Act, 
4Service Use Tax Act, the
Service Occupation Tax Act, the 
5Municipal Retailers' Occupation Tax Act,
and the Municipal 
6Service Occupation Tax Act by
retailers and servicemen on 
7transactions at places located in a
State Sales Tax Boundary 
8during the calendar year 1985.

9 (g-1) "Revised Initial Sales Tax Amounts" means the amount 
10of taxes paid
under the Retailers' Occupation Tax Act, Use Tax 
11Act, Service Use Tax Act, the
Service Occupation Tax Act, the 
12Municipal Retailers' Occupation Tax Act,
and the Municipal 
13Service Occupation Tax Act by retailers and servicemen on

14transactions at places located within the State Sales Tax 
15Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.

16 (h) "Municipal Sales Tax Increment" means an amount equal 
17to the
increase in the aggregate amount of taxes paid to a 
18municipality from the
Local Government Tax Fund arising from 
19sales by retailers and servicemen
within the redevelopment 
20project area or State Sales Tax Boundary, as
the case may be, 
21for as long as the redevelopment project area or State
Sales 
22Tax Boundary, as the case may be, exist over and above the 
23aggregate
amount of taxes as certified by the Illinois 
24Department of Revenue and paid
under the Municipal Retailers' 
25Occupation Tax Act and the Municipal Service
Occupation Tax Act 
26by retailers and servicemen, on transactions at places
of 
 
 
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1business located in the redevelopment project area or State 
2Sales Tax
Boundary, as the case may be, during the
base year 
3which shall be the calendar year immediately prior to the year 
4in
which the municipality adopted tax increment allocation 
5financing. For
purposes of computing the aggregate amount of 
6such taxes for base years
occurring prior to 1985, the 
7Department of Revenue shall determine the
Initial Sales Tax 
8Amounts for such taxes and deduct therefrom an amount
equal to 
94% of the aggregate amount of taxes per year for each year the

10base year is prior to 1985, but not to exceed a total deduction 
11of 12%.
The amount so determined shall be known as the 
12"Adjusted Initial Sales Tax
Amounts". For purposes of 
13determining the Municipal Sales Tax Increment,
the Department 
14of Revenue shall for each period subtract from the amount
paid 
15to the municipality from the Local Government Tax Fund arising 
16from
sales by retailers and servicemen on transactions
located 
17in the redevelopment project area or the State Sales Tax 
18Boundary,
as the case may be, the certified Initial Sales Tax

19Amounts, the Adjusted Initial Sales Tax Amounts or the Revised 
20Initial
Sales Tax Amounts for the Municipal Retailers'

21Occupation Tax Act and the Municipal Service
Occupation Tax 
22Act. For the State Fiscal Year 1989, this calculation shall
be 
23made by utilizing the calendar year 1987 to determine the tax 
24amounts
received. For the State Fiscal Year 1990, this 
25calculation shall be made
by utilizing the period from January 
261, 1988, until September 30, 1988, to
determine the tax amounts 
 
 
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1received from retailers and servicemen pursuant
to the 
2Municipal Retailers' Occupation Tax and the Municipal Service

3Occupation Tax Act, which shall have deducted therefrom

4nine-twelfths of the certified Initial Sales Tax Amounts, the 
5Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales 
6Tax Amounts as appropriate.
For the State Fiscal Year 1991, 
7this calculation shall be made by utilizing
the period from 
8October 1, 1988, to June 30, 1989, to determine the tax
amounts 
9received from retailers and servicemen pursuant to the 
10Municipal
Retailers' Occupation Tax and the Municipal Service 
11Occupation Tax Act
which shall have deducted therefrom 
12nine-twelfths of the
certified Initial Sales Tax Amounts, 
13Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales 
14Tax Amounts as appropriate. For every
State Fiscal Year 
15thereafter, the applicable period shall be the 12 months

16beginning July 1 and ending June 30 to determine the tax 
17amounts received
which shall have deducted therefrom the 
18certified Initial Sales Tax
Amounts, the Adjusted Initial Sales 
19Tax Amounts or the Revised Initial
Sales Tax Amounts, as the 
20case may be.

21 (i) "Net State Sales Tax Increment" means the sum of the 
22following: (a)
80% of the first $100,000 of State Sales Tax 
23Increment annually generated
within a State Sales Tax Boundary; 
24(b) 60% of the amount in excess of
$100,000 but not exceeding 
25$500,000 of State Sales Tax Increment annually
generated within 
26a State Sales Tax Boundary; and (c) 40% of all amounts in

 
 
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1excess of $500,000 of State Sales Tax Increment annually 
2generated within a
State Sales Tax Boundary. If, however, a 
3municipality established a tax
increment financing district in 
4a county with a population in excess of
3,000,000 before 
5January 1, 1986, and the municipality entered into a
contract 
6or issued bonds after January 1, 1986, but before December 31, 
71986,
to finance redevelopment project costs within a State 
8Sales Tax
Boundary, then the Net State Sales Tax Increment 
9means, for the fiscal years
beginning July 1, 1990, and July 1, 
101991, 100% of the State Sales Tax
Increment annually generated 
11within a State Sales Tax Boundary; and
notwithstanding any 
12other provision of this Act, for those fiscal years the

13Department of Revenue shall distribute to those municipalities 
14100% of
their Net State Sales Tax Increment before any 
15distribution to any other
municipality and regardless of 
16whether or not those other municipalities
will receive 100% of 
17their Net State Sales Tax Increment. For Fiscal Year
1999, and 
18every year thereafter until the year 2007, for any municipality

19that has not entered into a contract or has not issued bonds 
20prior to June
1, 1988 to finance redevelopment project costs 
21within a State Sales Tax
Boundary, the Net State Sales Tax 
22Increment shall be calculated as follows:
By multiplying the 
23Net State Sales Tax Increment by 90% in the State Fiscal
Year 
241999; 80% in the State Fiscal Year 2000; 70% in the State 
25Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the 
26State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% 
 
 
10000SB1947ham005- 121 -LRB100 09675 JWD 28950 a


1in the State Fiscal Year 2005; 20% in
the State Fiscal Year 
22006; and 10% in the State Fiscal Year 2007. No
payment shall 
3be made for State Fiscal Year 2008 and thereafter.

4 Municipalities that issued bonds in connection with a 
5redevelopment project
in a redevelopment project area within 
6the State Sales Tax Boundary prior to
July 29, 1991,
or that 
7entered into contracts in connection with a redevelopment 
8project in
a redevelopment project area before June 1, 1988,

9shall continue to receive their proportional share of the

10Illinois Tax Increment Fund distribution until the date on 
11which the
redevelopment project is completed or terminated.
If, 
12however, a municipality that issued bonds in connection with a

13redevelopment project in a redevelopment project area within 
14the State Sales
Tax Boundary prior to July 29, 1991 retires the 
15bonds prior to June 30, 2007 or
a municipality that entered 
16into contracts in connection with a redevelopment
project in a 
17redevelopment project area before June 1, 1988 completes the

18contracts prior to June 30, 2007, then so long as the 
19redevelopment project is
not
completed or is not terminated, 
20the Net State Sales Tax Increment shall be
calculated, 
21beginning on the date on which the bonds are retired or the

22contracts are completed, as follows: By multiplying the Net 
23State Sales Tax
Increment by 60% in the State Fiscal Year
2002; 
2450% in the State Fiscal Year 2003; 40% in the State Fiscal Year 
252004; 30%
in the State Fiscal Year 2005; 20% in the State 
26Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No 
 
 
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1payment shall be made for State Fiscal Year
2008 and 
2thereafter.
Refunding of any bonds issued
prior to July 29, 
31991, shall not alter the Net State Sales Tax Increment.

4 (j) "State Utility Tax Increment Amount" means an amount 
5equal to the
aggregate increase in State electric and gas tax 
6charges imposed on owners
and tenants, other than residential 
7customers, of properties located within
the redevelopment 
8project area under Section 9-222 of the Public Utilities
Act, 
9over and above the aggregate of such charges as certified by 
10the
Department of Revenue and paid by owners and tenants, other 
11than
residential customers, of properties within the 
12redevelopment project area
during the base year, which shall be 
13the calendar year immediately prior to
the year of the adoption 
14of the ordinance authorizing tax increment allocation

15financing.

16 (k) "Net State Utility Tax Increment" means the sum of the 
17following:
(a) 80% of the first $100,000 of State Utility Tax 
18Increment annually
generated by a redevelopment project area; 
19(b) 60% of the amount in excess
of $100,000 but not exceeding 
20$500,000 of the State Utility Tax Increment
annually generated 
21by a redevelopment project area; and (c) 40% of all
amounts in 
22excess of $500,000 of State Utility Tax Increment annually

23generated by a redevelopment project area. For the State Fiscal 
24Year 1999,
and every year thereafter until the year 2007, for 
25any municipality that
has not entered into a contract or has 
26not issued bonds prior to June 1,
1988 to finance redevelopment 
 
 
10000SB1947ham005- 123 -LRB100 09675 JWD 28950 a


1project costs within a redevelopment project
area, the Net 
2State Utility Tax Increment shall be calculated as follows:
By 
3multiplying the Net State Utility Tax Increment by 90% in the 
4State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% 
5in the State
Fiscal Year 2001; 60% in the State Fiscal Year 
62002; 50% in the State
Fiscal Year 2003; 40% in the State 
7Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the 
8State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. 
9No payment shall be made for the State Fiscal Year 2008
and 
10thereafter.

11 Municipalities that issue bonds in connection with the 
12redevelopment project
during the period from June 1, 1988 until 
133 years after the effective date
of this Amendatory Act of 1988 
14shall receive the Net State Utility Tax
Increment, subject to 
15appropriation, for 15 State Fiscal Years after the
issuance of 
16such bonds. For the 16th through the 20th State Fiscal Years

17after issuance of the bonds, the Net State Utility Tax 
18Increment shall be
calculated as follows: By multiplying the 
19Net State Utility Tax Increment
by 90% in year 16; 80% in year 
2017; 70% in year 18; 60% in year 19; and 50%
in year 20. 
21Refunding of any bonds issued prior to June 1, 1988, shall not

22alter the revised Net State Utility Tax Increment payments set 
23forth above.

24 (l) "Obligations" mean bonds, loans, debentures, notes, 
25special certificates
or other evidence of indebtedness issued 
26by the municipality to carry out
a redevelopment project or to 
 
 
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1refund outstanding obligations.

2 (m) "Payment in lieu of taxes" means those estimated tax 
3revenues from
real property in a redevelopment project area 
4derived from real property that
has been acquired by a 
5municipality
which according to the redevelopment project or 
6plan is to be used for a
private use which taxing districts 
7would have received had a municipality
not acquired the real 
8property and adopted tax increment allocation
financing and 
9which would result from
levies made after the time of the 
10adoption of tax increment allocation
financing to the time the 
11current equalized value of real property in the
redevelopment 
12project area exceeds the total initial equalized value of
real 
13property in said area.

14 (n) "Redevelopment plan" means the comprehensive program 
15of
the municipality for development or redevelopment intended 
16by the payment of
redevelopment project costs to reduce or 
17eliminate those conditions the
existence of which qualified the 
18redevelopment project area as
a "blighted
area" or 
19"conservation area" or combination thereof or "industrial park

20conservation area," and thereby to enhance the tax bases of the 
21taxing
districts which extend into the redevelopment project 
22area, provided that, with respect to redevelopment project 
23areas described in subsections (p-1) and (p-2), "redevelopment 
24plan" means the comprehensive program of the affected 
25municipality for the development of qualifying transit 
26facilities.
On and after November 1, 1999 (the effective date 
 
 
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1of
Public Act 91-478), no
redevelopment plan may be approved or 
2amended that includes the development of
vacant land (i) with a 
3golf course and related clubhouse and other facilities
or (ii) 
4designated by federal, State, county, or municipal government 
5as public
land for outdoor recreational activities or for 
6nature preserves and used for
that purpose within 5
years prior 
7to the adoption of the redevelopment plan. For the purpose of

8this subsection, "recreational activities" is limited to mean 
9camping and
hunting.
Each
redevelopment plan shall set forth in 
10writing the program to be undertaken
to accomplish the 
11objectives and shall include but not be limited to:

12  (A) an itemized list of estimated redevelopment 
13 project costs;

14  (B) evidence indicating that the redevelopment project 
15 area on the whole
has not been subject to growth and 
16 development through investment by private
enterprise, 
17 provided that such evidence shall not be required for any 
18 redevelopment project area located within a transit 
19 facility improvement area established pursuant to Section 
20 11-74.4-3.3;

21  (C) an assessment of any financial impact of the 
22 redevelopment project
area on or any increased demand for 
23 services from any taxing district affected
by the plan and 
24 any program to address such financial impact or increased

25 demand;

26  (D) the sources of funds to pay costs;

 
 
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1  (E) the nature and term of the obligations to be 
2 issued;

3  (F) the most recent equalized assessed valuation of the 
4 redevelopment
project area;

5  (G) an estimate as to the equalized assessed valuation 
6 after redevelopment
and the general land uses to apply in 
7 the redevelopment project area;

8  (H) a commitment to fair employment practices and an 
9 affirmative action
plan;

10  (I) if it concerns an industrial park
conservation 
11 area, the plan shall
also include a general description
of 
12 any proposed developer, user and tenant of any property, a 
13 description
of the type, structure and general character of 
14 the facilities to be
developed, a description of the type, 
15 class and number of new employees to
be employed in the 
16 operation of the facilities to be developed; and

17  (J) if property is to be annexed to the municipality, 
18 the plan shall
include the terms of the annexation 
19 agreement.

20 The provisions of items (B) and (C) of this subsection (n) 
21shall not apply to
a municipality that before March 14, 1994 
22(the effective date of Public Act
88-537) had fixed, either by 
23its
corporate authorities or by a commission designated under 
24subsection (k) of
Section 11-74.4-4, a time and place for a 
25public hearing as required by
subsection (a) of Section 
2611-74.4-5.
No redevelopment plan shall be adopted unless a

 
 
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1municipality complies with all of the following requirements:

2  (1) The municipality finds that the redevelopment 
3 project area on
the whole has not been subject to growth 
4 and development through investment
by private enterprise 
5 and would not reasonably be anticipated to be
developed 
6 without the adoption of the redevelopment plan, provided, 
7 however, that such a finding shall not be required with 
8 respect to any redevelopment project area located within a 
9 transit facility improvement area established pursuant to 
10 Section 11-74.4-3.3.

11  (2) The municipality finds that the redevelopment plan 
12 and project conform
to the comprehensive plan for the 
13 development of the municipality as a whole,
or, for 
14 municipalities with a population of 100,000 or more, 
15 regardless of when
the redevelopment plan and project was 
16 adopted, the redevelopment plan and
project either: (i) 
17 conforms to the strategic economic development or

18 redevelopment plan issued by the designated planning 
19 authority of the
municipality, or (ii) includes land uses 
20 that have been approved by the
planning commission of the 
21 municipality.

22  (3) The redevelopment plan establishes the estimated 
23 dates of completion
of the redevelopment project and 
24 retirement of obligations issued to finance
redevelopment 
25 project costs. Those dates may not be later than the dates 
26 set forth under Section 11-74.4-3.5.

 
 
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1  A municipality may by municipal ordinance amend an 
2 existing redevelopment
plan to conform to this paragraph 
3 (3) as amended by Public Act 91-478, which
municipal 
4 ordinance may be adopted without
further hearing or
notice 
5 and without complying with the procedures provided in this 
6 Act
pertaining to an amendment to or the initial approval 
7 of a redevelopment plan
and project and
designation of a 
8 redevelopment project area.

9  (3.5) The municipality finds, in the case of an 
10 industrial
park
conservation area, also that the 
11 municipality is a labor surplus municipality
and that the 
12 implementation of the redevelopment plan will reduce 
13 unemployment,
create new jobs and by the provision of new 
14 facilities enhance the tax base of
the taxing districts 
15 that extend into the redevelopment project area.

16  (4) If any incremental revenues are being utilized 
17 under
Section 8(a)(1)
or 8(a)(2) of this Act in 
18 redevelopment project areas approved by ordinance
after 
19 January 1, 1986, the municipality finds: (a) that the 
20 redevelopment
project area would not reasonably be 
21 developed without the use of such
incremental revenues, and 
22 (b) that such incremental revenues will be
exclusively 
23 utilized for the development of the redevelopment project 
24 area.

25  (5) If: (a)
the redevelopment plan will not result in

26 displacement of
residents from 10 or more inhabited 
 
 
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1 residential units, and the
municipality certifies in the 
2 plan that
such displacement will not result from the plan; 
3 or (b) the redevelopment plan is for a redevelopment 
4 project area located within a transit facility improvement 
5 area established pursuant to Section 11-74.4-3.3, and the 
6 applicable project is subject to the process for evaluation 
7 of environmental effects under the National Environmental 
8 Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a 
9 housing impact study
need not be performed.
If, however, 
10 the redevelopment plan would result in the displacement
of

11 residents from 10 or more inhabited
residential units,
or 
12 if the redevelopment project area contains 75 or more 
13 inhabited residential
units and no
certification is made,

14 then the municipality shall prepare, as part of the 
15 separate
feasibility report required by subsection (a) of 
16 Section 11-74.4-5, a housing
impact study.

17  Part I of the housing impact study shall include (i) 
18 data as to whether
the residential units are single family 
19 or multi-family units,
(ii) the number and type of rooms 
20 within the units, if that information is
available, (iii) 
21 whether
the
units are inhabited or uninhabited, as 
22 determined not less than 45
days before the date that the 
23 ordinance or resolution required
by subsection (a) of 
24 Section 11-74.4-5 is passed, and (iv) data as to the
racial 
25 and ethnic composition of the residents in the inhabited 
26 residential
units. The data requirement as to the racial 
 
 
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1 and ethnic composition of the
residents in the inhabited 
2 residential units shall be deemed to be fully
satisfied by 
3 data from the most recent federal census.

4  Part II of the housing impact study shall identify the 
5 inhabited
residential units in the proposed redevelopment 
6 project area that are to be or
may be removed. If inhabited 
7 residential units are to be removed, then the
housing 
8 impact study shall identify (i) the number and location of 
9 those units
that will or may be removed, (ii) the 
10 municipality's plans for relocation
assistance for those 
11 residents in the proposed redevelopment project area
whose 
12 residences are to be removed, (iii) the availability of 
13 replacement
housing for those residents whose residences 
14 are to be removed, and shall
identify the type, location, 
15 and cost of the housing, and (iv) the type and
extent
of 
16 relocation assistance to be provided.

17  (6) On and after November 1, 1999, the
housing impact 
18 study required by paragraph (5) shall be
incorporated in 
19 the redevelopment plan for the
redevelopment project area.

20  (7) On and after November 1, 1999, no
redevelopment 
21 plan shall be adopted, nor an
existing plan amended, nor 
22 shall residential housing that is
occupied by households of 
23 low-income and very low-income
persons in currently 
24 existing redevelopment project
areas be removed after 
25 November 1, 1999 unless the redevelopment plan provides, 
26 with
respect to inhabited housing units that are to be 
 
 
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1 removed for
households of low-income and very low-income 
2 persons, affordable
housing and relocation assistance not 
3 less than that which would
be provided under the federal 
4 Uniform Relocation Assistance and
Real Property 
5 Acquisition Policies Act of 1970 and the regulations
under 
6 that Act, including the eligibility criteria.
Affordable 
7 housing may be either existing or newly constructed

8 housing. For purposes of this paragraph (7), "low-income

9 households", "very low-income households", and "affordable

10 housing" have the meanings set forth in the Illinois 
11 Affordable
Housing Act.
The municipality shall make a good 
12 faith effort to ensure that this affordable
housing is 
13 located in or near the redevelopment project area within 
14 the
municipality.

15  (8) On and after November 1, 1999, if,
after the 
16 adoption of the redevelopment plan for the
redevelopment 
17 project area, any municipality desires to amend its

18 redevelopment plan
to remove more inhabited residential 
19 units than
specified in its original redevelopment plan, 
20 that change shall be made in
accordance with the procedures 
21 in subsection (c) of Section 11-74.4-5.

22  (9) For redevelopment project areas designated prior 
23 to November 1,
1999, the redevelopment plan may be amended 
24 without further joint review board
meeting or hearing, 
25 provided that the municipality shall give notice of any

26 such changes by mail to each affected taxing district and 
 
 
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1 registrant on the
interested party registry, to authorize 
2 the municipality to expend tax
increment revenues for 
3 redevelopment project costs defined by paragraphs (5)
and 
4 (7.5), subparagraphs (E) and (F) of paragraph (11), and 
5 paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so 
6 long as the changes do not increase the
total estimated 
7 redevelopment project costs set out in the redevelopment 
8 plan
by more than 5% after adjustment for inflation from 
9 the date the plan was
adopted.

10 (o) "Redevelopment project" means any public and private 
11development project
in furtherance of the objectives of a 
12redevelopment plan.
On and after November 1, 1999 (the 
13effective date of Public Act 91-478), no
redevelopment plan may 
14be approved or amended that includes the development
of vacant 
15land (i) with a golf course and related clubhouse and other

16facilities
or (ii) designated by federal, State, county, or 
17municipal government as public
land for outdoor recreational 
18activities or for nature preserves and used for
that purpose 
19within 5
years prior to the adoption of the redevelopment plan. 
20For the purpose of
this subsection, "recreational activities" 
21is limited to mean camping and
hunting.

22 (p) "Redevelopment project area" means an area designated 
23by
the
municipality, which is not less in the aggregate than 1 
241/2 acres and in
respect to which the municipality has made a 
25finding that there exist
conditions which cause the area to be 
26classified as an industrial park
conservation area or a 
 
 
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1blighted area or a conservation area, or a
combination of both 
2blighted areas and conservation areas.

3 (p-1) Notwithstanding any provision of this Act to the 
4contrary, on and after August 25, 2009 (the effective date of 
5Public Act 96-680), a redevelopment project area may include 
6areas within a one-half mile radius of an existing or proposed 
7Regional Transportation Authority Suburban Transit Access 
8Route (STAR Line) station without a finding that the area is 
9classified as an industrial park conservation area, a blighted 
10area, a conservation area, or a combination thereof, but only 
11if the municipality receives unanimous consent from the joint 
12review board created to review the proposed redevelopment 
13project area. 
14 (p-2) Notwithstanding any provision of this Act to the 
15contrary, on and after the effective date of this amendatory 
16Act of the 99th General Assembly, a redevelopment project area 
17may include areas within a transit facility improvement area 
18that has been established pursuant to Section 11-74.4-3.3 
19without a finding that the area is classified as an industrial 
20park conservation area, a blighted area, a conservation area, 
21or any combination thereof. 
22 (q) "Redevelopment project costs", except for 
23redevelopment project areas created pursuant to subsection 
24subsections (p-1) or (p-2), means and includes the sum total of 
25all
reasonable or necessary costs incurred or estimated to be 
26incurred, and
any such costs incidental to a redevelopment plan 
 
 
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1and a redevelopment
project. Such costs include, without 
2limitation, the following:

3  (1) Costs of studies, surveys, development of plans, 
4 and
specifications, implementation and administration of 
5 the redevelopment
plan including but not limited to staff 
6 and professional service costs for
architectural, 
7 engineering, legal, financial, planning or other
services, 
8 provided however that no charges for professional services 
9 may be
based on a percentage of the tax increment 
10 collected; except that on and
after November 1, 1999 (the 
11 effective date of Public Act 91-478), no
contracts for

12 professional services, excluding architectural and 
13 engineering services, may be
entered into if the terms of 
14 the contract extend
beyond a period of 3 years. In 
15 addition, "redevelopment project costs" shall
not include 
16 lobbying expenses.
After consultation with the 
17 municipality, each tax
increment consultant or advisor to a 
18 municipality that plans to designate or
has designated a 
19 redevelopment project area shall inform the municipality 
20 in
writing of any contracts that the consultant or advisor 
21 has entered into with
entities or individuals that have 
22 received, or are receiving, payments financed
by tax

23 increment revenues produced by the redevelopment project 
24 area with respect to
which the consultant or advisor has 
25 performed, or will be performing, service
for the

26 municipality. This requirement shall be satisfied by the 
 
 
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1 consultant or advisor
before the commencement of services 
2 for the municipality and thereafter
whenever any other 
3 contracts with those individuals or entities are executed 
4 by
the consultant or advisor;

5  (1.5) After July 1, 1999, annual administrative costs 
6 shall
not include general overhead or
administrative costs 
7 of the municipality
that would still have been incurred by 
8 the municipality if the municipality had
not
designated a 
9 redevelopment project area or approved a redevelopment 
10 plan;

11  (1.6) The cost of
marketing sites within the 
12 redevelopment project area to prospective
businesses, 
13 developers, and investors;

14  (2) Property assembly costs, including but not limited 
15 to acquisition
of land and other property, real or 
16 personal, or rights or interests therein,
demolition of 
17 buildings, site preparation, site improvements that serve 
18 as an
engineered barrier addressing ground level or below 
19 ground environmental
contamination, including, but not 
20 limited to parking lots and other concrete
or asphalt 
21 barriers, and the clearing and grading of
land;

22  (3) Costs of rehabilitation, reconstruction or repair 
23 or remodeling of
existing public or private buildings, 
24 fixtures, and leasehold
improvements; and the cost of 
25 replacing
an existing public building if pursuant to the 
26 implementation of a
redevelopment project the existing 
 
 
10000SB1947ham005- 136 -LRB100 09675 JWD 28950 a


1 public building is to be demolished to use
the site for 
2 private investment or
devoted to a different use requiring 
3 private investment; including any direct or indirect costs 
4 relating to Green Globes or LEED certified construction 
5 elements or construction elements with an equivalent 
6 certification;

7  (4) Costs of the construction of public works or 
8 improvements, including any direct or indirect costs 
9 relating to Green Globes or LEED certified construction 
10 elements or construction elements with an equivalent 
11 certification, except
that on and after November 1, 1999,

12 redevelopment
project costs shall not include the cost of 
13 constructing a
new municipal public building principally 
14 used to provide
offices, storage space, or conference 
15 facilities or vehicle storage,
maintenance, or repair for 
16 administrative,
public safety, or public works personnel

17 and that is not intended to replace an existing
public 
18 building as provided under paragraph (3) of subsection (q) 
19 of Section
11-74.4-3
unless either (i) the construction of 
20 the new municipal building
implements a redevelopment 
21 project that was included in a redevelopment plan
that was 
22 adopted by the municipality prior to November 1, 1999, (ii) 
23 the
municipality makes a reasonable
determination in the 
24 redevelopment plan, supported by information that provides

25 the basis for that determination, that the new municipal 
26 building is required
to meet an increase in the need for 
 
 
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1 public safety purposes anticipated to
result from the 
2 implementation of the redevelopment plan, or (iii) the new 
3 municipal public building is for the storage, maintenance, 
4 or repair of transit vehicles and is located in a transit 
5 facility improvement area that has been established 
6 pursuant to Section 11-74.4-3.3;

7  (5) Costs of job training and retraining projects, 
8 including the cost of
"welfare to work" programs 
9 implemented by businesses located within the
redevelopment 
10 project area;

11  (6) Financing costs, including but not limited to all 
12 necessary and
incidental expenses related to the issuance 
13 of obligations and which may
include payment of interest on 
14 any obligations issued hereunder including
interest 
15 accruing
during the estimated period of construction of any 
16 redevelopment project
for which such obligations are 
17 issued and for not exceeding 36 months
thereafter and 
18 including reasonable reserves related thereto;

19  (7) To the extent the municipality by written agreement 
20 accepts and
approves
the same, all or a portion of a taxing 
21 district's capital costs resulting
from the redevelopment 
22 project necessarily incurred or to be incurred within a

23 taxing district in
furtherance of the objectives of the 
24 redevelopment plan and project; .

25  (7.5) For redevelopment project areas designated (or 
26 redevelopment
project areas amended to add or increase the 
 
 
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1 number of
tax-increment-financing assisted housing units) 
2 on or after November 1,
1999,
an elementary, secondary,
or 
3 unit school
district's increased costs attributable to 
4 assisted housing units located
within the
redevelopment 
5 project area for which the developer or redeveloper 
6 receives
financial assistance through an agreement with 
7 the municipality or because the
municipality incurs the 
8 cost of necessary infrastructure improvements within
the 
9 boundaries of the assisted housing sites necessary for the 
10 completion of
that housing
as authorized by this Act, and 
11 which costs shall be paid by the municipality
from the 
12 Special Tax Allocation Fund when the tax increment revenue 
13 is received
as a result of the assisted housing units and 
14 shall be calculated annually as
follows:

15   (A) for foundation districts, excluding any school 
16 district in a
municipality with a population in excess 
17 of 1,000,000, by multiplying the
district's increase 
18 in attendance resulting from the net increase in new

19 students enrolled in that school district who reside in 
20 housing units within
the redevelopment project area 
21 that have received financial assistance through
an 
22 agreement with the municipality or because the 
23 municipality incurs the cost
of necessary 
24 infrastructure improvements within the boundaries of 
25 the housing
sites necessary for the completion of that 
26 housing as authorized by this Act
since the designation 
 
 
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1 of the redevelopment project area by the most recently

2 available per capita tuition cost as defined in Section 
3 10-20.12a of the School
Code less any increase in 
4 general State aid as defined in Section 18-8.05 of
the 
5 School Code or evidence-based funding as defined in 
6 Section 18-8.15 of the School Code attributable to 
7 these added new students subject to the
following 
8 annual limitations:

9    (i) for unit school districts with a district 
10 average 1995-96 Per
Capita
Tuition Charge of less 
11 than $5,900, no more than 25% of the total amount 
12 of
property tax increment revenue produced by 
13 those housing units that have
received tax 
14 increment finance assistance under this Act;

15    (ii) for elementary school districts with a 
16 district average 1995-96
Per
Capita Tuition Charge 
17 of less than $5,900, no more than 17% of the total 
18 amount
of property tax increment revenue produced 
19 by those housing units that have
received tax 
20 increment finance assistance under this Act; and

21    (iii) for secondary school districts with a 
22 district average 1995-96
Per
Capita Tuition Charge 
23 of less than $5,900, no more than 8% of the total 
24 amount
of property tax increment revenue produced 
25 by those housing units that have
received tax 
26 increment finance assistance under this Act.

 
 
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1   (B) For alternate method districts, flat grant 
2 districts, and foundation
districts with a district 
3 average 1995-96 Per Capita Tuition Charge equal to or

4 more than $5,900, excluding any school district with a 
5 population in excess of
1,000,000, by multiplying the 
6 district's increase in attendance
resulting
from the 
7 net increase in new students enrolled in that school 
8 district who
reside in
housing units within the 
9 redevelopment project area that have received

10 financial assistance through an agreement with the 
11 municipality or because the
municipality incurs the 
12 cost of necessary infrastructure improvements within

13 the boundaries of the housing sites necessary for the 
14 completion of that
housing as authorized by this Act 
15 since the designation of the redevelopment
project 
16 area by the most recently available per capita tuition 
17 cost as defined
in Section 10-20.12a of the School Code 
18 less any increase in general state aid
as defined in 
19 Section 18-8.05 of the School Code or evidence-based 
20 funding as defined in Section 18-8.15 of the School 
21 Code attributable to these added
new students subject 
22 to the following annual limitations:

23    (i) for unit school districts, no more than 40% 
24 of the total amount of
property tax increment 
25 revenue produced by those housing units that have

26 received tax increment finance assistance under 
 
 
10000SB1947ham005- 141 -LRB100 09675 JWD 28950 a


1 this Act;

2    (ii) for elementary school districts, no more 
3 than 27% of the total
amount
of property tax 
4 increment revenue produced by those housing units 
5 that have
received tax increment finance 
6 assistance under this Act; and

7    (iii) for secondary school districts, no more 
8 than 13% of the total
amount
of property tax 
9 increment revenue produced by those housing units 
10 that have
received tax increment finance 
11 assistance under this Act.

12   (C) For any school district in a municipality with 
13 a population in
excess of
1,000,000, the following 
14 restrictions shall apply to the
reimbursement of 
15 increased costs under this paragraph (7.5):

16    (i) no increased costs shall be reimbursed 
17 unless the school district
certifies that each of 
18 the schools affected by the assisted housing 
19 project
is at or over its student capacity;

20    (ii) the amount reimbursable shall be reduced 
21 by the value of any
land
donated to the school 
22 district by the municipality or developer, and by 
23 the
value of any physical improvements made to the 
24 schools by the
municipality or developer; and

25    (iii) the amount reimbursed may not affect 
26 amounts otherwise obligated
by
the terms of any 
 
 
10000SB1947ham005- 142 -LRB100 09675 JWD 28950 a


1 bonds, notes, or other funding instruments, or the 
2 terms of
any redevelopment agreement.

3  Any school district seeking payment under this 
4 paragraph (7.5) shall,
after July 1 and before 
5 September 30 of each year,
provide the municipality 
6 with reasonable evidence to support its claim for

7 reimbursement before the municipality shall be 
8 required to approve or make
the payment to the school 
9 district. If the school district fails to provide
the 
10 information during this period in any year, it shall 
11 forfeit any claim to
reimbursement for that year. 
12 School districts may adopt a resolution
waiving the 
13 right to all or a portion of the reimbursement 
14 otherwise required
by this paragraph
(7.5). By 
15 acceptance of this reimbursement the school
district 
16 waives the right to directly or indirectly set aside, 
17 modify, or
contest in any manner the establishment of 
18 the redevelopment project area or
projects;

19  (7.7) For redevelopment project areas designated (or 
20 redevelopment
project areas amended to add or increase the 
21 number of
tax-increment-financing assisted housing units) 
22 on or after
January 1, 2005 (the effective date of Public 
23 Act 93-961),
a public library
district's increased costs 
24 attributable to assisted housing units located
within the

25 redevelopment project area for which the developer or 
26 redeveloper receives
financial assistance through an 
 
 
10000SB1947ham005- 143 -LRB100 09675 JWD 28950 a


1 agreement with the municipality or because the

2 municipality incurs the cost of necessary infrastructure 
3 improvements within
the boundaries of the assisted housing 
4 sites necessary for the completion of
that housing
as 
5 authorized by this Act shall be paid to the library 
6 district by the
municipality
from the Special Tax 
7 Allocation Fund when the tax increment revenue is received

8 as a result of the assisted housing units. This paragraph 
9 (7.7) applies only if (i) the library district is located 
10 in a county that is subject to the Property Tax Extension 
11 Limitation Law or (ii) the library district is not located 
12 in a county that is subject to the Property Tax Extension 
13 Limitation Law but the district is prohibited by any other 
14 law from increasing its tax levy rate without a prior voter 
15 referendum.

16  The amount paid to a library district under this 
17 paragraph (7.7) shall be
calculated
by multiplying (i) the 
18 net increase in the number of persons eligible to obtain
a

19 library card
in that district who reside in housing units 
20 within
the redevelopment project area that have received 
21 financial assistance through
an agreement with the 
22 municipality or because the municipality incurs the cost
of 
23 necessary infrastructure improvements within the 
24 boundaries of the housing
sites necessary for the 
25 completion of that housing as authorized by this Act
since 
26 the designation of the redevelopment project area by (ii)

 
 
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1 the per-patron cost of providing library services so long 
2 as it does not exceed $120.
The per-patron cost shall be 
3 the Total Operating Expenditures Per Capita for the library 
4 in the previous fiscal year.
The municipality may deduct 
5 from the amount that it must pay to a library district 
6 under this paragraph any amount that it has voluntarily 
7 paid to the library district from the tax increment 
8 revenue. The amount paid to a library district under this 
9 paragraph (7.7) shall be no
more
than 2% of the amount 
10 produced by the assisted housing units and deposited into 
11 the Special Tax Allocation Fund.

12  A library district is not eligible for any payment 
13 under this paragraph
(7.7)
unless the library district has 
14 experienced an increase in the
number of patrons from the 
15 municipality that created the tax-increment-financing 
16 district since the designation of the redevelopment 
17 project area.

18  Any library district seeking payment under this 
19 paragraph (7.7) shall,
after July 1 and before September 30 
20 of each year,
provide the municipality with convincing 
21 evidence to support its claim for
reimbursement before the 
22 municipality shall be required to approve or make
the 
23 payment to the library district. If the library district 
24 fails to provide
the information during this period in any 
25 year, it shall forfeit any claim to
reimbursement for that 
26 year. Library districts may adopt a resolution
waiving the 
 
 
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1 right to all or a portion of the reimbursement otherwise 
2 required by this paragraph (7.7). By acceptance of such 
3 reimbursement, the library district shall forfeit any 
4 right to directly or indirectly set aside, modify, or 
5 contest in any manner whatsoever the establishment of the 
6 redevelopment project area or
projects;
7  (8) Relocation costs to the extent that a municipality 
8 determines that
relocation costs shall be paid or is 
9 required to make payment of relocation
costs by federal or 
10 State law or in order to satisfy subparagraph (7) of

11 subsection (n);

12  (9) Payment in lieu of taxes;

13  (10) Costs of job training, retraining, advanced 
14 vocational education
or career
education, including but 
15 not limited to courses in occupational,
semi-technical or 
16 technical fields leading directly to employment, incurred

17 by one or more taxing districts, provided that such costs 
18 (i) are related
to the establishment and maintenance of 
19 additional job training, advanced
vocational education or 
20 career education programs for persons employed or
to be 
21 employed by employers located in a redevelopment project 
22 area; and
(ii) when incurred by a taxing district or taxing 
23 districts other than the
municipality, are set forth in a 
24 written agreement by or among the
municipality and the 
25 taxing district or taxing districts, which agreement

26 describes the program to be undertaken, including but not 
 
 
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1 limited to the
number of employees to be trained, a 
2 description of the training and
services to be provided, 
3 the number and type of positions available or to
be 
4 available, itemized costs of the program and sources of 
5 funds to pay for the
same, and the term of the agreement. 
6 Such costs include, specifically, the
payment by community 
7 college districts of costs pursuant to Sections 3-37,
3-38, 
8 3-40 and 3-40.1 of the Public Community College Act and by 
9 school
districts of costs pursuant to Sections 10-22.20a 
10 and 10-23.3a of the The School
Code;

11  (11) Interest cost incurred by a redeveloper related to 
12 the
construction, renovation or rehabilitation of a 
13 redevelopment project
provided that:

14   (A) such costs are to be paid directly from the 
15 special tax
allocation fund established pursuant to 
16 this Act;

17   (B) such payments in any one year may not exceed 
18 30% of the annual
interest costs incurred by the 
19 redeveloper with regard to the redevelopment
project 
20 during that year;

21   (C) if there are not sufficient funds available in 
22 the special tax
allocation fund to make the payment 
23 pursuant to this paragraph (11) then
the amounts so due 
24 shall accrue and be payable when sufficient funds are

25 available in the special tax allocation fund;

26   (D) the total of such interest payments paid 
 
 
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1 pursuant to this Act
may not exceed 30% of the total 
2 (i) cost paid or incurred by the
redeveloper for the 
3 redevelopment project plus (ii) redevelopment project

4 costs excluding any property assembly costs and any 
5 relocation costs
incurred by a municipality pursuant 
6 to this Act; and

7   (E) the cost limits set forth in subparagraphs (B) 
8 and (D) of
paragraph (11) shall be modified for the 
9 financing of rehabilitated or
new housing units for 
10 low-income households and very low-income households, 
11 as
defined in
Section 3 of the Illinois Affordable 
12 Housing Act. The percentage of
75% shall be substituted 
13 for 30% in subparagraphs (B) and (D) of
paragraph (11); 
14 and .

15   (F) instead Instead of the eligible costs provided 
16 by subparagraphs (B) and (D)
of
paragraph (11), as 
17 modified by this subparagraph, and notwithstanding
any 
18 other provisions of this Act to the contrary, the 
19 municipality may
pay from tax increment revenues up to 
20 50% of the cost of construction
of new housing units to 
21 be occupied by low-income households and very

22 low-income
households as defined in Section 3 of the 
23 Illinois Affordable Housing
Act. The cost of 
24 construction of those units may be derived from the

25 proceeds of bonds issued by the municipality under this 
26 Act or
other constitutional or statutory authority or 
 
 
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1 from other sources of
municipal revenue that may be 
2 reimbursed from tax increment
revenues or the proceeds 
3 of bonds issued to finance the construction
of that 
4 housing.

5   The eligible costs provided under this 
6 subparagraph (F) of paragraph (11)
shall
be
an eligible 
7 cost for the construction, renovation, and 
8 rehabilitation of all
low and very low-income housing 
9 units, as defined in Section 3 of the Illinois

10 Affordable Housing Act, within the redevelopment 
11 project area. If the low and
very
low-income units are 
12 part of a residential redevelopment project that 
13 includes
units not affordable to low and very 
14 low-income households, only the low and
very 
15 low-income units shall be eligible for benefits under 
16 this subparagraph (F) of
paragraph (11).
The standards 
17 for maintaining the occupancy
by low-income households 
18 and very low-income households,
as
defined in Section 3 
19 of the Illinois Affordable Housing Act,
of those units 
20 constructed with eligible costs made available under 
21 the
provisions of
this subparagraph (F) of paragraph 
22 (11)
shall be
established by guidelines adopted by the 
23 municipality. The
responsibility for annually 
24 documenting the initial occupancy of
the units by 
25 low-income households and very low-income households, 
26 as defined
in
Section 3
of the Illinois Affordable 
 
 
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1 Housing Act, shall be that of the then current
owner of 
2 the property.
For ownership units, the guidelines will 
3 provide, at a minimum, for a
reasonable recapture of 
4 funds, or other appropriate methods designed to

5 preserve the original affordability of the ownership 
6 units. For rental units,
the guidelines will provide, 
7 at a minimum, for the affordability of rent to low
and 
8 very low-income households. As units become available, 
9 they shall be
rented to income-eligible tenants.
The 
10 municipality may modify these
guidelines from time to 
11 time; the guidelines, however, shall be in effect
for 
12 as long as tax increment revenue is being used to pay 
13 for costs
associated with the units or for the 
14 retirement of bonds issued to finance
the units or for 
15 the life of the redevelopment project area, whichever 
16 is
later; .

17  (11.5) If the redevelopment project area is located 
18 within a municipality
with a population of more than 
19 100,000, the cost of day care services for
children of 
20 employees from
low-income
families working for businesses 
21 located within the redevelopment project area
and all or a

22 portion of the cost of operation of day care centers 
23 established by
redevelopment project
area businesses to 
24 serve employees from low-income families working in

25 businesses
located in the redevelopment project area. For 
26 the purposes of this paragraph,
"low-income families" 
 
 
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1 means families whose annual income does not exceed 80% of

2 the
municipal, county, or regional median income, adjusted 
3 for family size, as the
annual
income and municipal, 
4 county, or regional median income are determined from
time 
5 to
time by the United States Department of Housing and 
6 Urban Development.

7 (12) Unless explicitly stated herein the cost of 
8construction of new
privately-owned buildings shall not be an 
9eligible redevelopment project cost.

10 (13) After November 1, 1999 (the effective date of Public 
11Act
91-478), none of
the
redevelopment project costs enumerated 
12in this subsection shall be eligible
redevelopment project 
13costs if those costs would provide direct financial
support to 
14a
retail entity initiating operations in the
redevelopment 
15project area while
terminating operations at another Illinois 
16location within 10 miles of the
redevelopment project area but 
17outside the boundaries of the redevelopment
project area 
18municipality. For
purposes of this paragraph, termination 
19means a
closing of a retail operation that is directly related 
20to the opening of the
same operation or like retail entity 
21owned or operated by more than 50% of the
original ownership in 
22a redevelopment project area, but
it does not mean
closing an 
23operation for reasons beyond the control of the
retail entity, 
24as
documented by the retail entity, subject to a reasonable 
25finding by the
municipality that the current location contained 
26inadequate space, had become
economically obsolete, or was no 
 
 
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1longer a viable location for the retailer or
serviceman.

2 (14) No cost shall be a redevelopment project cost in a 
3redevelopment project area if used to demolish, remove, or 
4substantially modify a historic resource, after August 26, 2008 
5(the effective date of Public Act 95-934), unless no prudent 
6and feasible alternative exists. "Historic resource" for the 
7purpose of this paragraph item (14) means (i) a place or 
8structure that is included or eligible for inclusion on the 
9National Register of Historic Places or (ii) a contributing 
10structure in a district on the National Register of Historic 
11Places. This paragraph item (14) does not apply to a place or 
12structure for which demolition, removal, or modification is 
13subject to review by the preservation agency of a Certified 
14Local Government designated as such by the National Park 
15Service of the United States Department of the Interior.
16 If a special service area has been established pursuant to

17the Special Service Area Tax Act or Special Service Area Tax 
18Law, then any
tax increment revenues derived
from the tax 
19imposed pursuant to the Special Service Area Tax Act or Special

20Service Area Tax Law may
be used within the redevelopment 
21project area for the purposes permitted by
that Act or Law as 
22well as the purposes permitted by this Act.

23 (q-1) For redevelopment project areas created pursuant to 
24subsection (p-1), redevelopment project costs are limited to 
25those costs in paragraph (q) that are related to the existing 
26or proposed Regional Transportation Authority Suburban Transit 
 
 
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1Access Route (STAR Line) station. 
2 (q-2) For a redevelopment project area located within a 
3transit facility improvement area established pursuant to 
4Section 11-74.4-3.3, redevelopment project costs means those 
5costs described in subsection (q) that are related to the 
6construction, reconstruction, rehabilitation, remodeling, or 
7repair of any existing or proposed transit facility. 
8 (r) "State Sales Tax Boundary" means the redevelopment 
9project area or
the amended redevelopment project area 
10boundaries which are determined
pursuant to subsection (9) of 
11Section 11-74.4-8a of this
Act. The Department of Revenue shall 
12certify pursuant to subsection (9) of
Section 11-74.4-8a the 
13appropriate boundaries eligible for the
determination of State 
14Sales Tax Increment.

15 (s) "State Sales Tax Increment" means an amount equal to 
16the increase
in the aggregate amount of taxes paid by retailers 
17and servicemen, other
than retailers and servicemen subject to 
18the Public Utilities Act,
on transactions at places of business 
19located within a State Sales Tax
Boundary pursuant to the 
20Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use 
21Tax Act, and the Service Occupation Tax Act, except such

22portion of such increase that is paid into the State and Local 
23Sales Tax
Reform Fund, the Local Government Distributive Fund, 
24the Local
Government Tax Fund and the County and Mass Transit 
25District Fund, for as
long as State participation exists, over 
26and above the Initial Sales Tax
Amounts, Adjusted Initial Sales 
 
 
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1Tax Amounts or the Revised Initial Sales
Tax Amounts for such 
2taxes as certified by the Department of Revenue and
paid under 
3those Acts by retailers and servicemen on transactions at 
4places
of business located within the State Sales Tax Boundary 
5during the base
year which shall be the calendar year 
6immediately prior to the year in
which the municipality adopted 
7tax increment allocation financing, less
3.0% of such amounts 
8generated under the Retailers' Occupation Tax Act, Use
Tax Act 
9and Service Use Tax Act and the Service Occupation Tax Act, 
10which
sum shall be appropriated to the Department of Revenue to 
11cover its costs
of administering and enforcing this Section. 
12For purposes of computing the
aggregate amount of such taxes 
13for base years occurring prior to 1985, the
Department of 
14Revenue shall compute the Initial Sales Tax Amount for such

15taxes and deduct therefrom an amount equal to 4% of the 
16aggregate amount of
taxes per year for each year the base year 
17is prior to 1985, but not to
exceed a total deduction of 12%. 
18The amount so determined shall be known
as the "Adjusted 
19Initial Sales Tax Amount". For purposes of determining the

20State Sales Tax Increment the Department of Revenue shall for 
21each period
subtract from the tax amounts received from 
22retailers and servicemen on
transactions located in the State 
23Sales Tax Boundary, the certified Initial
Sales Tax Amounts, 
24Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax 
25Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,

26the Service Use Tax Act and the Service Occupation Tax Act. For 
 
 
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1the State
Fiscal Year 1989 this calculation shall be made by 
2utilizing the calendar
year 1987 to determine the tax amounts 
3received. For the State Fiscal Year
1990, this calculation 
4shall be made by utilizing the period from January
1, 1988, 
5until September 30, 1988, to determine the tax amounts received

6from retailers and servicemen, which shall have deducted 
7therefrom
nine-twelfths of the certified Initial Sales Tax 
8Amounts, Adjusted Initial
Sales Tax Amounts or the Revised 
9Initial Sales Tax Amounts as appropriate.
For the State Fiscal 
10Year 1991, this calculation shall be made by utilizing
the 
11period from October 1, 1988, until June 30, 1989, to determine 
12the tax
amounts received from retailers and servicemen, which 
13shall have
deducted therefrom nine-twelfths of the certified 
14Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax 
15Amounts or the Revised Initial Sales
Tax Amounts as 
16appropriate. For every State Fiscal Year thereafter, the

17applicable period shall be the 12 months beginning July 1 and 
18ending on
June 30, to determine the tax amounts received which 
19shall have deducted
therefrom the certified Initial Sales Tax 
20Amounts, Adjusted Initial Sales
Tax Amounts or the Revised 
21Initial Sales Tax Amounts. Municipalities
intending to receive 
22a distribution of State Sales Tax Increment must
report a list 
23of retailers to the Department of Revenue by October 31, 1988

24and by July 31, of each year thereafter.

25 (t) "Taxing districts" means counties, townships, cities 
26and incorporated
towns and villages, school, road, park, 
 
 
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1sanitary, mosquito abatement, forest
preserve, public health, 
2fire protection, river conservancy, tuberculosis
sanitarium 
3and any other municipal corporations or districts with the 
4power
to levy taxes.

5 (u) "Taxing districts' capital costs" means those costs of 
6taxing districts
for capital improvements that are found by the 
7municipal corporate authorities
to be necessary and directly 
8result from the redevelopment project.

9 (v) As used in subsection (a) of Section 11-74.4-3 of this

10Act, "vacant
land" means any parcel or combination of parcels 
11of real property without
industrial, commercial, and 
12residential buildings which has not been used
for commercial 
13agricultural purposes within 5 years prior to the
designation 
14of the redevelopment project area, unless the parcel
is 
15included in an industrial park conservation area or the parcel 
16has
been subdivided; provided that if the parcel was part of a 
17larger tract that
has been divided into 3 or more smaller 
18tracts that were accepted for
recording during the period from 
191950 to 1990, then the parcel shall be deemed
to have been 
20subdivided, and all proceedings and actions of the municipality

21taken in that connection with respect to any previously 
22approved or designated
redevelopment project area or amended 
23redevelopment project area are hereby
validated and hereby 
24declared to be legally sufficient for all purposes of this
Act.

25For purposes of this Section and only for land subject to
the 
26subdivision requirements of the Plat Act, land is subdivided 
 
 
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1when the
original plat of
the proposed Redevelopment Project 
2Area or relevant portion thereof has
been
properly certified, 
3acknowledged, approved, and recorded or filed in accordance

4with the Plat Act and a preliminary plat, if any, for any 
5subsequent phases of
the
proposed Redevelopment Project Area or 
6relevant portion thereof has been
properly approved and filed 
7in accordance with the applicable ordinance of the

8municipality.

9 (w) "Annual Total Increment" means the sum of each 
10municipality's
annual Net Sales Tax Increment and each 
11municipality's annual Net Utility
Tax Increment. The ratio of 
12the Annual Total Increment of each
municipality to the Annual 
13Total Increment for all municipalities, as most
recently 
14calculated by the Department, shall determine the proportional

15shares of the Illinois Tax Increment Fund to be distributed to 
16each
municipality.

17 (x) "LEED certified" means any certification level of 
18construction elements by a qualified Leadership in Energy and 
19Environmental Design Accredited Professional as determined by 
20the U.S. Green Building Council.
21 (y) "Green Globes certified" means any certification level 
22of construction elements by a qualified Green Globes 
23Professional as determined by the Green Building Initiative.
24(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)




25 (65 ILCS 5/11-74.4-8)
 (from Ch. 24, par. 11-74.4-8)


 
 
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1 Sec. 11-74.4-8. Tax increment allocation financing.  A 
2municipality may
not adopt tax increment financing in a

3redevelopment
project area after the effective date of this 
4amendatory Act of 1997 that will
encompass an area that is 
5currently included in an enterprise zone created
under the 
6Illinois Enterprise Zone Act unless that municipality, 
7pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, 
8amends the enterprise zone
designating ordinance to limit the 
9eligibility for tax abatements as provided
in Section 5.4.1 of 
10the Illinois Enterprise Zone Act.
A municipality, at the time a 
11redevelopment project area
is designated, may adopt tax 
12increment allocation financing by passing an
ordinance 
13providing that the ad valorem taxes, if any, arising from the

14levies upon taxable real property in such redevelopment project

15area by taxing districts and tax rates determined in the manner 
16provided
in paragraph (c) of Section 11-74.4-9 each year after 
17the effective
date of the ordinance until redevelopment project 
18costs and all municipal
obligations financing redevelopment 
19project costs incurred under this Division
have been paid shall 
20be divided as follows, provided, however, that with respect to 
21any redevelopment project area located within a transit 
22facility improvement area established pursuant to Section 
2311-74.4-3.3 in a municipality with a population of 1,000,000 or 
24more, ad valorem taxes, if any, arising from the levies upon 
25taxable real property in such redevelopment project area shall 
26be allocated as specifically provided in this Section:

 
 
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1  (a) That portion of taxes levied upon each taxable lot, 
2 block, tract or
parcel of real property which is 
3 attributable to the lower of the current
equalized assessed 
4 value or the initial equalized assessed
value of each such 
5 taxable lot, block, tract or parcel of real property
in the 
6 redevelopment project area shall be allocated to and when 
7 collected
shall be paid by the county collector to the 
8 respective affected taxing
districts in the manner 
9 required by law in the absence of the adoption of
tax 
10 increment allocation financing.

11  (b) Except from a tax levied by a township to retire 
12 bonds issued to satisfy
court-ordered damages, that 
13 portion, if any, of such taxes which is
attributable to the

14 increase in the current equalized assessed valuation of 
15 each taxable lot,
block, tract or parcel of real property 
16 in the redevelopment project area
over and above the 
17 initial equalized assessed value of each property in the

18 project area shall be allocated to and when collected shall 
19 be paid to the
municipal treasurer who shall deposit said 
20 taxes into a special fund called
the special tax allocation 
21 fund of the municipality for the purpose of
paying 
22 redevelopment project costs and obligations incurred in 
23 the payment
thereof. In any county with a population of 
24 3,000,000 or more that has adopted
a procedure for 
25 collecting taxes that provides for one or more of the

26 installments of the taxes to be billed and collected on an 
 
 
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1 estimated basis,
the municipal treasurer shall be paid for 
2 deposit in the special tax
allocation fund of the 
3 municipality, from the taxes collected from
estimated 
4 bills issued for property in the redevelopment project 
5 area, the
difference between the amount actually collected 
6 from each taxable lot,
block, tract, or parcel of real 
7 property within the redevelopment project
area and an 
8 amount determined by multiplying the rate at which taxes 
9 were
last extended against the taxable lot, block, track, 
10 or parcel of real
property in the manner provided in 
11 subsection (c) of Section 11-74.4-9 by
the initial 
12 equalized assessed value of the property divided by the 
13 number
of installments in which real estate taxes are 
14 billed and collected within
the county; provided that the 
15 payments on or before December 31,
1999 to a municipal 
16 treasurer shall be made only if each of the following

17 conditions are met:

18  (1) The total equalized assessed value of the 
19 redevelopment project
area as last determined was not 
20 less than 175% of the total initial
equalized assessed 
21 value.

22  (2) Not more than 50% of the total equalized assessed 
23 value of the
redevelopment project area as last 
24 determined is attributable to a piece of
property 
25 assigned a single real estate index number.

26  (3) The municipal clerk has certified to the county 
 
 
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1 clerk that the
municipality has issued its obligations 
2 to which there has been pledged
the incremental 
3 property taxes of the redevelopment project area or 
4 taxes
levied and collected on any or all property in 
5 the municipality or
the full faith and credit of the 
6 municipality to pay or secure payment for
all or a 
7 portion of the redevelopment project costs. The 
8 certification
shall be filed annually no later than 
9 September 1 for the estimated taxes
to be distributed 
10 in the following year; however, for the year 1992 the

11 certification shall be made at any time on or before 
12 March 31, 1992.

13  (4) The municipality has not requested that the total 
14 initial
equalized assessed value of real property be 
15 adjusted as provided in
subsection (b) of Section 
16 11-74.4-9.

17  The conditions of paragraphs (1) through (4) do not 
18 apply after December
31, 1999 to payments to a municipal 
19 treasurer
made by a county with 3,000,000 or more 
20 inhabitants that has adopted an
estimated billing 
21 procedure for collecting taxes.
If a county that has 
22 adopted the estimated billing
procedure makes an erroneous 
23 overpayment of tax revenue to the municipal
treasurer, then 
24 the county may seek a refund of that overpayment.
The 
25 county shall send the municipal treasurer a notice of 
26 liability for the
overpayment on or before the mailing date 
 
 
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1 of the next real estate tax bill
within the county. The 
2 refund shall be limited to the amount of the
overpayment.

3  It is the intent of this Division that after the 
4 effective date of this
amendatory Act of 1988 a 
5 municipality's own ad valorem
tax arising from levies on 
6 taxable real property be included in the
determination of 
7 incremental revenue in the manner provided in paragraph
(c) 
8 of Section 11-74.4-9. If the municipality does not extend 
9 such a tax,
it shall annually deposit in the municipality's 
10 Special Tax Increment Fund
an amount equal to 10% of the 
11 total contributions to the fund from all
other taxing 
12 districts in that year. The annual 10% deposit required by

13 this paragraph shall be limited to the actual amount of 
14 municipally
produced incremental tax revenues available to 
15 the municipality from
taxpayers located in the 
16 redevelopment project area in that year if:
(a) the plan 
17 for the area restricts the use of the property primarily to

18 industrial purposes, (b) the municipality establishing the 
19 redevelopment
project area is a home-rule community with a 
20 1990 population of between
25,000 and 50,000, (c) the 
21 municipality is wholly located within a county
with a 1990 
22 population of over 750,000 and (d) the redevelopment 
23 project
area was established by the municipality prior to 
24 June 1, 1990. This
payment shall be in lieu of a 
25 contribution of ad valorem taxes on real
property. If no 
26 such payment is made, any redevelopment project area of the

 
 
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1 municipality shall be dissolved.

2  If a municipality has adopted tax increment allocation 
3 financing by ordinance
and the County Clerk thereafter 
4 certifies the "total initial equalized assessed
value as 
5 adjusted" of the taxable real property within such 
6 redevelopment
project area in the manner provided in 
7 paragraph (b) of Section 11-74.4-9,
each year after the 
8 date of the certification of the total initial equalized

9 assessed value as adjusted until redevelopment project 
10 costs and all
municipal obligations financing 
11 redevelopment project costs have been paid
the ad valorem 
12 taxes, if any, arising from the levies upon the taxable 
13 real
property in such redevelopment project area by taxing 
14 districts and tax
rates determined in the manner provided 
15 in paragraph (c) of Section
11-74.4-9 shall be divided as 
16 follows, provided, however, that with respect to any 
17 redevelopment project area located within a transit 
18 facility improvement area established pursuant to Section 
19 11-74.4-3.3 in a municipality with a population of 
20 1,000,000 or more, ad valorem taxes, if any, arising from 
21 the levies upon the taxable real property in such 
22 redevelopment project area shall be allocated as 
23 specifically provided in this Section:

24  (1) That portion of the taxes levied upon each taxable 
25 lot, block, tract
or parcel of real property which is 
26 attributable to the lower of the
current equalized 
 
 
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1 assessed value or "current equalized assessed value as

2 adjusted" or the initial equalized assessed value of 
3 each such taxable lot,
block, tract, or parcel of real 
4 property existing at the time tax increment
financing 
5 was adopted, minus the total current homestead 
6 exemptions under Article 15 of the Property
Tax Code in 
7 the
redevelopment project area shall be allocated to 
8 and when collected shall be
paid by the county 
9 collector to the respective affected taxing districts 
10 in the
manner required by law in the absence of the 
11 adoption of tax increment
allocation financing.

12  (2) That portion, if any, of such taxes which is 
13 attributable to the
increase in the current equalized 
14 assessed valuation of each taxable lot,
block, tract, 
15 or parcel of real property in the redevelopment project 
16 area,
over and above the initial equalized assessed 
17 value of each property
existing at the time tax 
18 increment financing was adopted, minus the total

19 current homestead exemptions pertaining to each piece 
20 of property provided
by Article 15 of the Property Tax 
21 Code
in the redevelopment
project area, shall be 
22 allocated to and when collected shall be paid to the

23 municipal Treasurer, who shall deposit said taxes into 
24 a special fund called
the special tax allocation fund 
25 of the municipality for the purpose of paying

26 redevelopment project costs and obligations incurred 
 
 
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1 in the payment thereof.

2  The municipality may pledge in the ordinance the funds 
3 in and to be
deposited in the special tax allocation fund 
4 for the payment of such costs
and obligations. No part of 
5 the current equalized assessed valuation of
each property 
6 in the redevelopment project area attributable to any

7 increase above the total initial equalized assessed value, 
8 or the total
initial equalized assessed value as adjusted, 
9 of such properties shall be
used in calculating the general 
10 State school aid formula, provided for in
Section 18-8 of 
11 the School Code, or the evidence-based funding formula, 
12 provided for in Section 18-8.15 of the School Code, until 
13 such time as all redevelopment
project costs have been paid 
14 as provided for in this Section.

15  Whenever a municipality issues bonds for the purpose of 
16 financing
redevelopment project costs, such municipality 
17 may provide by ordinance for the
appointment of a trustee, 
18 which may be any trust company within the State,
and for 
19 the establishment of such funds or accounts to be 
20 maintained by
such trustee as the municipality shall deem 
21 necessary to provide for the
security and payment of the 
22 bonds. If such municipality provides for
the appointment of 
23 a trustee, such trustee shall be considered the assignee
of 
24 any payments assigned by the municipality pursuant to such 
25 ordinance
and this Section. Any amounts paid to such 
26 trustee as assignee shall be
deposited in the funds or 
 
 
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1 accounts established pursuant to such trust
agreement, and 
2 shall be held by such trustee in trust for the benefit of 
3 the
holders of the bonds, and such holders shall have a 
4 lien on and a security
interest in such funds or accounts 
5 so long as the bonds remain outstanding and
unpaid. Upon 
6 retirement of the bonds, the trustee shall pay over any 
7 excess
amounts held to the municipality for deposit in the 
8 special tax allocation
fund.

9  When such redevelopment projects costs, including 
10 without limitation all
municipal obligations financing 
11 redevelopment project costs incurred under
this Division, 
12 have been paid, all surplus funds then remaining in the

13 special tax allocation fund shall be distributed
by being 
14 paid by the
municipal treasurer to the Department of 
15 Revenue, the municipality and the
county collector; first 
16 to the Department of Revenue and the municipality
in direct 
17 proportion to the tax incremental revenue received from the 
18 State
and the municipality, but not to exceed the total 
19 incremental revenue received
from the State or the 
20 municipality less any annual surplus distribution
of 
21 incremental revenue previously made; with any remaining 
22 funds to be paid
to the County Collector who shall 
23 immediately thereafter pay said funds to
the taxing 
24 districts in the redevelopment project area in the same 
25 manner
and proportion as the most recent distribution by 
26 the county collector to
the affected districts of real 
 
 
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1 property taxes from real property in the
redevelopment 
2 project area.

3  Upon the payment of all redevelopment project costs, 
4 the retirement of
obligations, the distribution of any 
5 excess monies pursuant to this
Section, and final closing 
6 of the books and records of the redevelopment
project
area, 
7 the municipality shall adopt an ordinance dissolving the 
8 special
tax allocation fund for the redevelopment project 
9 area and terminating the
designation of the redevelopment 
10 project area as a redevelopment project
area.
Title to real 
11 or personal property and public improvements
acquired
by or 
12 for
the
municipality as a result of the redevelopment 
13 project and plan shall vest in
the
municipality when 
14 acquired and shall continue to be held by the municipality

15 after the redevelopment project area has been terminated.

16 Municipalities shall notify affected taxing districts 
17 prior to
November 1 if the redevelopment project area is to 
18 be terminated by December 31
of
that same year. If a 
19 municipality extends estimated dates of completion of a

20 redevelopment project and retirement of obligations to 
21 finance a
redevelopment project, as allowed by this 
22 amendatory Act of 1993, that
extension shall not extend the 
23 property tax increment allocation financing
authorized by 
24 this Section. Thereafter the rates of the taxing districts

25 shall be extended and taxes levied, collected and 
26 distributed in the manner
applicable in the absence of the 
 
 
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1 adoption of tax increment allocation
financing.

2  If a municipality with a population of 1,000,000 or 
3 more has adopted by ordinance tax increment allocation 
4 financing for a redevelopment project area located in a 
5 transit facility improvement area established pursuant to 
6 Section 11-74.4-3.3, for each year after the effective date 
7 of the ordinance until redevelopment project costs and all 
8 municipal obligations financing redevelopment project 
9 costs have been paid, the ad valorem taxes, if any, arising 
10 from the levies upon the taxable real property in that 
11 redevelopment project area by taxing districts and tax 
12 rates determined in the manner provided in paragraph (c) of 
13 Section 11-74.4-9 shall be divided as follows:
14   (1) That portion of the taxes levied upon each 
15 taxable lot, block, tract or parcel of real property 
16 which is attributable to the lower of (i) the current 
17 equalized assessed value or "current equalized 
18 assessed value as adjusted" or (ii) the initial 
19 equalized assessed value of each such taxable lot, 
20 block, tract, or parcel of real property existing at 
21 the time tax increment financing was adopted, minus the 
22 total current homestead exemptions under Article 15 of 
23 the Property Tax Code in the redevelopment project area 
24 shall be allocated to and when collected shall be paid 
25 by the county collector to the respective affected 
26 taxing districts in the manner required by law in the 
 
 
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1 absence of the adoption of tax increment allocation 
2 financing.
3   (2) That portion, if any, of such taxes which is 
4 attributable to the increase in the current equalized 
5 assessed valuation of each taxable lot, block, tract, 
6 or parcel of real property in the redevelopment project 
7 area, over and above the initial equalized assessed 
8 value of each property existing at the time tax 
9 increment financing was adopted, minus the total 
10 current homestead exemptions pertaining to each piece 
11 of property provided by Article 15 of the Property Tax 
12 Code in the redevelopment project area, shall be 
13 allocated to and when collected shall be paid by the 
14 county collector as follows:
15    (A) First, that portion which would be payable 
16 to a school district whose boundaries are 
17 coterminous with such municipality in the absence 
18 of the adoption of tax increment allocation 
19 financing, shall be paid to such school district in 
20 the manner required by law in the absence of the 
21 adoption of tax increment allocation financing; 
22 then
23    (B) 80% of the remaining portion shall be paid 
24 to the municipal Treasurer, who shall deposit said 
25 taxes into a special fund called the special tax 
26 allocation fund of the municipality for the 
 
 
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1 purpose of paying redevelopment project costs and 
2 obligations incurred in the payment thereof; and 
3 then
4    (C) 20% of the remaining portion shall be paid 
5 to the respective affected taxing districts, other 
6 than the school district described in clause (a) 
7 above, in the manner required by law in the absence 
8 of the adoption of tax increment allocation 
9 financing. 
10 Nothing in this Section shall be construed as relieving 
11property in such
redevelopment project areas from being 
12assessed as provided in the Property
Tax Code or as relieving 
13owners of such property from paying a uniform rate of
taxes, as 
14required by Section 4 of Article IX of the Illinois 
15Constitution.

16(Source: P.A. 98-463, eff. 8-16-13; 99-792, eff. 8-12-16.)





17 (65 ILCS 5/11-74.6-35)



18 Sec. 11-74.6-35. Ordinance for tax increment allocation 
19financing. 

20 (a) A municipality, at the time a redevelopment project 
21area
is designated, may adopt tax increment allocation 
22financing by passing an
ordinance providing that the ad valorem 
23taxes, if any, arising from the
levies upon taxable real 
24property within the redevelopment project
area by taxing 
25districts and tax rates determined in the manner provided
in 
 
 
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1subsection (b) of Section 11-74.6-40 each year after the 
2effective
date of the ordinance until redevelopment project 
3costs and all municipal
obligations financing redevelopment 
4project costs incurred under this Act
have been paid shall be 
5divided as follows:


6  (1) That portion of the taxes levied upon each taxable 
7 lot, block,
tract or parcel of real property that is 
8 attributable to the lower of the
current equalized assessed 
9 value or the initial equalized assessed value or the

10 updated initial equalized assessed value of
each taxable 
11 lot, block, tract or parcel of real property in the

12 redevelopment project area shall be allocated to and when 
13 collected shall
be paid by the county collector to the 
14 respective affected taxing districts
in the manner 
15 required by law without regard to the adoption of tax

16 increment allocation financing.


17  (2) That portion, if any, of those taxes that is 
18 attributable to the
increase in the current equalized 
19 assessed value of each taxable lot,
block, tract or parcel 
20 of real property in the redevelopment project area,
over 
21 and above the initial equalized assessed value or the 
22 updated initial
equalized assessed value of each property 
23 in the
project area, shall be allocated to and when 
24 collected shall be paid by the
county collector to the 
25 municipal treasurer who shall deposit that portion
of those 
26 taxes into a special fund called the special tax allocation 
 
 
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1 fund
of the municipality for the purpose of paying 
2 redevelopment project costs
and obligations incurred in 
3 the payment of those costs and obligations.
In any county 
4 with a population of 3,000,000 or more that has adopted
a 
5 procedure for collecting taxes that provides for one or 
6 more of the
installments of the taxes to be billed and 
7 collected on an estimated basis,
the municipal treasurer 
8 shall be paid for deposit in the special tax
allocation 
9 fund of the municipality, from the taxes collected from

10 estimated bills issued for property in the redevelopment 
11 project area, the
difference between the amount actually 
12 collected from each taxable lot,
block, tract, or parcel of 
13 real property within the redevelopment project
area and an 
14 amount determined by multiplying the rate at which taxes 
15 were
last extended against the taxable lot, block, track, 
16 or parcel of real
property in the manner provided in 
17 subsection (b) of Section 11-74.6-40 by
the initial 
18 equalized assessed value or the updated initial equalized 
19 assessed
value of the property divided by the number
of 
20 installments in which real estate taxes are billed and 
21 collected within
the county, provided that the payments on 
22 or before December 31, 1999 to a
municipal treasurer shall 
23 be made only if each of the following conditions
are met:


24   (A) The total equalized assessed value of the 
25 redevelopment project
area as last determined was not 
26 less than 175% of the total initial
equalized assessed 
 
 
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1 value.


2   (B) Not more than 50% of the total equalized 
3 assessed value of the
redevelopment project area as 
4 last determined is attributable to a piece of
property 
5 assigned a single real estate index number.


6   (C) The municipal clerk has certified to the county 
7 clerk that the
municipality has issued its obligations 
8 to which there has been pledged
the incremental 
9 property taxes of the redevelopment project area or 
10 taxes
levied and collected on any or all property in 
11 the municipality or
the full faith and credit of the 
12 municipality to pay or secure payment for
all or a 
13 portion of the redevelopment project costs. The 
14 certification
shall be filed annually no later than 
15 September 1 for the estimated taxes
to be distributed 
16 in the following year.

17 The conditions of paragraphs (A) through (C) do not apply 
18after December
31, 1999 to payments to a municipal treasurer

19made by a county with 3,000,000 or more inhabitants that has 
20adopted an
estimated billing procedure for collecting taxes.
If 
21a county that has adopted the estimated billing
procedure makes 
22an erroneous overpayment of tax revenue to the municipal

23treasurer, then the county may seek a refund of that 
24overpayment.
The county shall send the municipal treasurer a 
25notice of liability for the
overpayment on or before the 
26mailing date of the next real estate tax bill
within the 
 
 
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1county. The refund shall be limited to the amount of the

2overpayment.

3 (b) It is the intent of this Act that a municipality's own 
4ad valorem
tax arising from levies on taxable real property be 
5included in the
determination of incremental revenue in the 
6manner provided in paragraph
(b) of Section 11-74.6-40.

7 (c) If a municipality has adopted tax increment allocation 
8financing for a
redevelopment project area by
ordinance and the 
9county clerk thereafter certifies the total initial
equalized 
10assessed value or the total updated initial equalized
assessed 
11value of the taxable real property within such redevelopment

12project area in the manner provided in paragraph (a) or (b) of 
13Section
11-74.6-40, each year after the date of the 
14certification of the total
initial equalized assessed value or 
15the total updated initial
equalized assessed value until 
16redevelopment project costs and all
municipal obligations 
17financing redevelopment project costs have been paid,
the ad 
18valorem taxes, if any, arising from the levies upon the taxable 
19real
property in the redevelopment project area by taxing 
20districts and tax
rates determined in the manner provided in 
21paragraph (b) of Section
11-74.6-40 shall be divided as 
22follows:


23  (1) That portion of the taxes levied upon each taxable 
24 lot, block, tract
or parcel of real property that is 
25 attributable to the lower of the
current equalized assessed 
26 value or the initial equalized assessed value, or
the 
 
 
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1 updated initial equalized assessed value of each parcel if 
2 the updated
initial equalized assessed value of that parcel 
3 has been certified in
accordance with Section 11-74.6-40, 
4 whichever has been most
recently certified, of each taxable 
5 lot, block, tract, or parcel of real
property existing at 
6 the time tax increment allocation financing was
adopted in 
7 the redevelopment project area, shall be allocated to and 
8 when
collected shall be paid by the county collector to the 
9 respective affected
taxing districts in the manner 
10 required by law without regard to the adoption
of tax 
11 increment allocation financing.


12  (2) That portion, if any, of those taxes that is 
13 attributable to the
increase in the current equalized 
14 assessed value of each taxable lot,
block, tract, or parcel 
15 of real property in the redevelopment project area,
over 
16 and above the initial equalized assessed value of each 
17 property
existing at the time tax increment allocation 
18 financing was adopted
in the redevelopment project area, or

19 the updated initial equalized assessed value of each parcel 
20 if the updated
initial equalized assessed value of that 
21 parcel has been certified in
accordance with Section 
22 11-74.6-40, shall be allocated to and when collected
shall 
23 be paid to the municipal treasurer, who shall deposit those 
24 taxes
into a special fund called the special tax allocation 
25 fund of the
municipality for the purpose of paying 
26 redevelopment project costs and
obligations incurred in 
 
 
10000SB1947ham005- 175 -LRB100 09675 JWD 28950 a


1 the payment thereof.

2 (d) The municipality may pledge in the ordinance the funds 
3in and to be
deposited in the special tax allocation fund for 
4the payment of
redevelopment project costs and obligations. No 
5part of the current
equalized assessed value of each property 
6in the redevelopment project
area attributable to any increase 
7above the total initial equalized
assessed value
or the total 
8initial updated equalized assessed value of the property,
shall 
9be used in calculating the general General State aid formula 
10School Aid Formula, provided
for in Section 18-8 of the School 
11Code, or the evidence-based funding formula, provided for in 
12Section 18-8.15 of the School Code, until all redevelopment 
13project
costs have been paid as provided for in this Section.

14 Whenever a municipality issues bonds for the purpose of 
15financing
redevelopment project costs, that municipality may 
16provide by ordinance for the
appointment of a trustee, which 
17may be any trust company within the State,
and for the 
18establishment of any funds or accounts to be maintained by
that 
19trustee, as the municipality deems necessary to provide for the

20security and payment of the bonds. If the municipality provides 
21for
the appointment of a trustee, the trustee shall be 
22considered the assignee
of any payments assigned by the 
23municipality under that ordinance
and this Section. Any amounts 
24paid to the trustee as
assignee shall be deposited into the 
25funds or accounts established
under the trust agreement, and 
26shall be held by the trustee in trust for the
benefit of the 
 
 
10000SB1947ham005- 176 -LRB100 09675 JWD 28950 a


1holders of the bonds. The holders of those bonds shall have a

2lien on and a security interest in those funds or accounts 
3while the
bonds remain outstanding and unpaid. Upon retirement 
4of the bonds,
the trustee shall pay over any excess amounts 
5held to the municipality for
deposit in the special tax 
6allocation fund. 

7 When the redevelopment projects costs, including without 
8limitation all
municipal obligations financing redevelopment 
9project costs incurred under
this Law, have been paid, all 
10surplus funds then remaining in the
special tax allocation fund 
11shall be distributed by being paid by the
municipal treasurer 
12to the municipality and the county collector; first to
the 
13municipality in direct proportion to the tax incremental 
14revenue
received from the municipality, but not to exceed the 
15total incremental
revenue received from the municipality, 
16minus any annual surplus
distribution of incremental revenue 
17previously made. Any remaining funds
shall be paid to the 
18county collector who shall immediately distribute that
payment 
19to the taxing districts in the redevelopment project area in 
20the
same manner and proportion as the most recent distribution 
21by the county
collector to the affected districts of real 
22property taxes from real
property situated in the redevelopment 
23project area.

24 Upon the payment of all redevelopment project costs, 
25retirement of
obligations and the distribution of any excess 
26moneys under this
Section, the municipality shall adopt an 
 
 
10000SB1947ham005- 177 -LRB100 09675 JWD 28950 a


1ordinance dissolving the special
tax allocation fund for the 
2redevelopment project area and terminating the
designation of 
3the redevelopment project area as a redevelopment project
area. 
4Thereafter the tax levies of taxing districts shall be 
5extended,
collected and distributed in the same manner 
6applicable
before the adoption of tax increment allocation 
7financing.
Municipality shall notify affected taxing districts 
8prior to November if the
redevelopment project area is to be 
9terminated by December 31 of that same
year.

10 Nothing in this Section shall be construed as relieving 
11property in a
redevelopment project area from being assessed as 
12provided in the Property
Tax Code or as relieving owners of 
13that property
from paying a uniform rate of taxes, as required 
14by Section 4 of Article IX
of the Illinois Constitution.

15(Source: P.A. 91-474, eff. 11-1-99.)


16 Section 960. The Economic Development Project Area Tax 
17Increment Allocation Act of
1995 is amended by changing Section 
1850 as follows:




19 (65 ILCS 110/50)



20 Sec. 50. Special tax allocation fund. 

21 (a) If a county clerk has certified the "total initial 
22equalized assessed
value" of the taxable real property within 
23an economic development project area
in the manner provided in 
24Section 45, each year after the date of the
certification by 
 
 
10000SB1947ham005- 178 -LRB100 09675 JWD 28950 a


1the county clerk of the "total initial equalized assessed

2value", until economic development project costs and all 
3municipal obligations
financing economic development project 
4costs have been paid, the ad valorem
taxes, if any, arising 
5from the levies upon the taxable real property in the
economic 
6development project area by taxing districts and tax rates 
7determined
in the manner provided in subsection (b) of Section 
845 shall be divided as
follows:


9  (1) That portion of the taxes levied upon each taxable

10 lot, block, tract, or parcel of real property that is 
11 attributable to the lower
of the current equalized assessed 
12 value or the initial equalized assessed value
of each 
13 taxable lot, block, tract, or parcel of real property 
14 existing
at the time tax increment financing was adopted 
15 shall be allocated to (and when
collected shall be paid by 
16 the county collector to) the respective affected
taxing 
17 districts in the manner required by law in the absence of 
18 the adoption
of tax increment allocation financing.


19  (2) That portion, if any, of the taxes that is 
20 attributable to the
increase in the current equalized 
21 assessed valuation of each taxable lot,
block, tract, or

22 parcel of real property in the economic development project 
23 area, over and
above the initial equalized assessed value 
24 of each property existing at the
time tax increment 
25 financing was adopted, shall be allocated to (and when

26 collected shall be paid to) the municipal treasurer, who 
 
 
10000SB1947ham005- 179 -LRB100 09675 JWD 28950 a


1 shall deposit the
taxes into a special fund (called the 
2 special tax allocation fund of the
municipality) for the 
3 purpose of paying economic development project costs and

4 obligations incurred in the payment of those costs.

5 (b) The municipality, by an ordinance adopting tax 
6increment allocation
financing, may pledge the monies in and to 
7be deposited into the special tax
allocation fund for the 
8payment of obligations issued under this Act and for
the 
9payment of economic development project costs. No part of the 
10current
equalized assessed valuation of each property in the 
11economic development
project area attributable to any increase 
12above the total initial equalized
assessed value of those 
13properties shall be used in calculating the general
State 
14school aid formula under
Section 18-8 of the School Code or the 
15evidence-based funding formula under Section 18-8.15 of the 
16School Code, until all economic development projects costs
have 
17been paid as provided for in this Section.

18 (c) When the economic development projects costs, 
19including without
limitation all municipal obligations 
20financing economic development project
costs incurred under 
21this Act, have been paid, all surplus monies then
remaining in 
22the special tax allocation fund shall be distributed by being 
23paid
by the municipal treasurer to the county collector, who 
24shall immediately pay
the monies to the taxing districts having 
25taxable property in the economic
development project area in 
26the same manner and proportion as the most recent
distribution 
 
 
10000SB1947ham005- 180 -LRB100 09675 JWD 28950 a


1by the county collector to those taxing districts of real 
2property
taxes from real property in the economic development 
3project area.

4 (d) Upon the payment of all economic development project 
5costs, retirement
of obligations, and distribution of any 
6excess monies under this Section and
not later than 23 years 
7from the date of the adoption of the ordinance
establishing the 
8economic development project area, the municipality shall

9adopt an ordinance dissolving the special tax allocation fund 
10for the economic
development project area and terminating the 
11designation of the economic
development project area as an 
12economic development project area.
Thereafter, the rates of the 
13taxing districts shall be extended and taxes shall
be levied, 
14collected, and distributed in the manner applicable in the 
15absence
of the adoption of tax increment allocation financing.

16 (e) Nothing in this Section shall be construed as relieving 
17property in the
economic development project areas from being 
18assessed as provided in the
Property Tax Code or as relieving 
19owners or lessees of that property from
paying a uniform rate 
20of taxes as required by Section 4 of Article IX of the
Illinois 
21Constitution.

22(Source: P.A. 98-463, eff. 8-16-13.)


23 Section 965. The School Code is amended by changing 
24Sections 1A-8, 1B-5, 1B-6, 1B-7, 1B-8, 1C-1, 1C-2, 1D-1, 1E-20, 
251F-20, 1F-62, 1H-20, 1H-70, 2-3.25g, 2-3.33, 2-3.51.5, 2-3.66, 
 
 
10000SB1947ham005- 181 -LRB100 09675 JWD 28950 a


12-3.66b, 2-3.84, 2-3.109a, 3-14.21, 7-14A, 10-17a, 10-19, 
210-22.5a, 10-22.20, 10-29, 11E-135, 13A-8, 13B-20.20, 13B-45, 
313B-50, 13B-50.10, 13B-50.15, 14-7.02b, 14-13.01, 14C-1, 
414C-12, 17-1, 17-1.2, 17-1.5, 17-2.11, 17-2A, 18-4.3, 18-8.05, 
518-8.10, 18-9, 18-12, 26-16, 27-6, 27-7, 27-8.1, 27-24.2, 
627A-9, 27A-11, 29-5, 34-2.3, 34-18, 34-18.30, 34-43.1, and 
734-53 and by adding Sections 2-3.170, 17-3.6, and 18-8.15 as 
8follows:



9 (105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)


10 Sec. 1A-8. Powers of the Board in Assisting Districts 
11Deemed in Financial
Difficulties. To promote the financial 
12integrity of school districts, the
State Board of Education 
13shall be provided the necessary powers to promote
sound 
14financial management and continue operation of the public 
15schools.

16 (a) The State Superintendent of Education may require a 
17school district, including any district subject to Article 34A 
18of this Code, to share financial information relevant to a 
19proper investigation of the district's financial condition and 
20the delivery of appropriate State financial, technical, and 
21consulting services to the district if the district (i) has 
22been designated, through the State Board of Education's School 
23District Financial Profile System, as on financial warning or 
24financial watch status, (ii) has failed to file an annual 
25financial report, annual budget, deficit reduction plan, or 
 
 
10000SB1947ham005- 182 -LRB100 09675 JWD 28950 a


1other financial information as required by law, (iii) has been 
2identified, through the district's annual audit or other 
3financial and management information, as in serious financial 
4difficulty in the current or next school year, or (iv) is 
5determined to be likely to fail to fully meet any regularly 
6scheduled, payroll-period obligations when due or any debt 
7service payments when due or both. In addition to financial, 
8technical, and consulting services provided by the State Board 
9of Education, at the request of a school district, the State 
10Superintendent may provide for an independent financial 
11consultant to assist the district review its financial 
12condition and options.

13 (b) The State Board of Education, after proper 
14investigation of a district's
financial condition, may certify 
15that a district, including any district
subject to Article 34A, 
16is in financial difficulty
when any of the following conditions 
17occur:

18  (1) The district has issued school or teacher orders 
19 for wages as permitted in Sections
8-16, 32-7.2 and 34-76 
20 of this Code.

21  (2) The district has issued tax anticipation warrants 
22 or tax
anticipation notes in anticipation of a second 
23 year's taxes when warrants or
notes in anticipation of 
24 current year taxes are still outstanding, as
authorized by 
25 Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has 
26 issued short-term debt against 2 future revenue sources, 
 
 
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1 such as, but not limited to, tax anticipation warrants and 
2 general State aid or evidence-based funding Aid 
3 certificates or tax anticipation warrants and revenue 
4 anticipation notes.

5  (3) The district has for 2 consecutive years shown an 
6 excess
of expenditures and other financing uses over 
7 revenues and other financing
sources and beginning fund 
8 balances on its annual financial report for the
aggregate 
9 totals of the Educational, Operations and Maintenance,

10 Transportation, and Working Cash Funds.

11  (4) The district refuses to provide financial 
12 information or cooperate with the State Superintendent in 
13 an investigation of the district's financial condition.
14  (5) The district is likely to fail to fully meet any 
15 regularly scheduled, payroll-period obligations when due 
16 or any debt service payments when due or both. 

17 No school district shall be certified by the State Board of 
18Education to be in financial difficulty solely by
reason of any 
19of the above circumstances arising as a result of (i) the 
20failure
of the county to make any distribution of property tax 
21money due the district
at the time such distribution is due or 
22(ii) the failure of this State to make timely payments of 
23general State aid, evidence-based funding, or any of the 
24mandated categoricals; or if the district clearly demonstrates

25to the satisfaction of the State Board of Education at the time 
26of its
determination that such condition no longer exists. If 
 
 
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1the State Board of
Education certifies that a district in a 
2city with 500,000 inhabitants or
more is in financial 
3difficulty, the State Board shall so notify the
Governor and 
4the Mayor of the city in which the district is located. The

5State Board of Education may require school districts certified 
6in
financial difficulty, except those districts subject to 
7Article 34A, to
develop, adopt and submit a financial plan 
8within 45 days after
certification of financial difficulty. The 
9financial plan shall be
developed according to guidelines 
10presented to the district by the State
Board of Education 
11within 14 days of certification. Such guidelines shall
address 
12the specific nature of each district's financial difficulties. 
13Any
proposed budget of the district shall be consistent with 
14the financial plan
submitted to and
approved by the State Board 
15of Education.

16 A district certified to be in financial difficulty, other 
17than a district
subject to Article 34A, shall report to the 
18State Board of Education at
such times and in such manner as 
19the State Board may direct, concerning the
district's 
20compliance with each financial plan. The State Board may review

21the district's operations, obtain budgetary data and financial 
22statements,
require the district to produce reports, and have 
23access to any other
information in the possession of the 
24district that it deems relevant. The
State Board may issue 
25recommendations or directives within its powers to
the district 
26to assist in compliance with the financial plan. The district

 
 
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1shall produce such budgetary data, financial statements, 
2reports and other
information and comply with such directives. 
3If the State Board of Education
determines that a district has 
4failed to comply with its financial plan, the
State Board of 
5Education may rescind approval of the plan and appoint a

6Financial Oversight Panel for the district as provided in 
7Section 1B-4. This
action shall be taken only after the 
8district has been given notice and an
opportunity to appear 
9before the State Board of Education to discuss its
failure to 
10comply with its financial plan.

11 No bonds, notes, teachers orders, tax anticipation 
12warrants or other
evidences of indebtedness shall be issued or 
13sold by a school district or
be legally binding upon or 
14enforceable against a local board of education
of a district 
15certified to be in financial difficulty unless and until the

16financial plan required under this Section has been approved by 
17the State
Board of Education.

18 Any financial profile compiled and distributed by the State 
19Board of Education in Fiscal Year 2009 or any fiscal year 
20thereafter
shall incorporate such adjustments as may be needed 
21in the profile scores to reflect the financial effects of the

22inability or refusal of the State of Illinois to make timely

23disbursements of any general State aid, evidence-based 
24funding, or mandated categorical aid payments due school 
25districts or to fully reimburse
school districts for mandated 
26categorical programs pursuant to
reimbursement formulas 
 
 
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1provided in this School Code.

2(Source: P.A. 96-668, eff. 8-25-09; 96-1423, eff. 8-3-10; 
397-429, eff. 8-16-11.)





4 (105 ILCS 5/1B-5) (from Ch. 122, par. 1B-5)



5 Sec. 1B-5. 
When a petition for emergency financial

6assistance for a school district is allowed by the State
Board 
7under Section 1B-4, the State Superintendent
shall within 10 
8days thereafter appoint 3 members
to serve at the State 
9Superintendent's pleasure on a
Financial Oversight Panel for 
10the district. The State
Superintendent shall designate one of 
11the members of the
Panel to serve as its Chairman. In the event 
12of vacancy or
resignation the State Superintendent shall 
13appoint a
successor within 10 days of receiving notice thereof.

14 Members of the Panel shall be selected primarily on the

15basis of their experience and education in financial

16management, with consideration given to persons
knowledgeable 
17in education finance. A member of the Panel
may not be a board 
18member or employee of the district for
which the Panel is 
19constituted, nor may a member have a
direct financial interest 
20in that district.

21 Panel members shall serve without compensation, but may
be 
22reimbursed for travel and other necessary expenses
incurred in 
23the performance of their official duties by the
State Board. 
24The amount reimbursed Panel
members for their expenses shall be 
25charged to the school
district as part of any emergency 
 
 
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1financial assistance and
incorporated as a part of the terms 
2and conditions for
repayment of such assistance or shall be 
3deducted from the district's general
State aid or 
4evidence-based funding as provided in Section 1B-8.

5 The first meeting of the Panel shall be held at the
call of 
6the Chairman. The Panel may elect such other
officers as it 
7deems appropriate. The Panel shall prescribe
the times and 
8places for its meetings and the manner in
which regular and 
9special meetings may be called, and shall
comply with the Open 
10Meetings Act.

11 Two members of the Panel shall constitute a quorum, and
the 
12affirmative vote of 2 members shall be necessary for any

13decision or action to be taken by the Panel.

14 The Panel and the State Superintendent
shall cooperate with 
15each other in the exercise of their
respective powers. The 
16Panel shall report not later than
September 1 annually to the 
17State Board and the State
Superintendent with respect to its 
18activities and the
condition of the school district for the 
19previous fiscal
year.

20 Any Financial Oversight Panel established under this

21Article shall remain in existence for not less than 3 years
nor 
22more than 10 years from the date the State Board grants
the 
23petition under Section 1B-4. If after 3 years the
school 
24district has repaid all of its obligations resulting
from 
25emergency State financial assistance provided under
this 
26Article and has improved its financial situation, the board of

 
 
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1education may, not more
frequently than once in any 12 month 
2period, petition the
State Board to dissolve the Financial 
3Oversight Panel,
terminate the oversight responsibility, and 
4remove the
district's certification under Section 1A-8 as a 
5district in
financial difficulty. In acting on such a petition 
6the
State Board shall give additional weight to the

7recommendations of the State Superintendent and the
Financial 
8Oversight Panel.

9(Source: P.A. 88-618, eff. 9-9-94.)





10 (105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6)



11 Sec. 1B-6. General powers. The purpose of the Financial 
12Oversight Panel
shall be to exercise financial control over the 
13board of education, and, when
approved by the State Board and 
14the State Superintendent of Education, to
furnish financial 
15assistance so that the board can provide public education

16within the board's jurisdiction while permitting the board to 
17meet its
obligations to its creditors and the holders of its 
18notes and bonds.
Except as expressly limited by this Article, 
19the Panel shall have all
powers necessary to meet its 
20responsibilities and to carry out its purposes
and the purposes 
21of this Article, including, but not limited to, the following

22powers:

23 (a) to sue and be sued;

24 (b) to provide for its organization and internal

25management;

 
 
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1 (c) to appoint a Financial Administrator to serve as
the 
2chief executive officer of the Panel. The Financial

3Administrator may be an individual, partnership,
corporation, 
4including an accounting firm, or other entity
determined by the 
5Panel to be qualified to serve; and to
appoint other officers, 
6agents, and employees of the Panel,
define their duties and 
7qualifications and fix their
compensation and employee 
8benefits;

9 (d) to approve the local board of education appointments to 
10the
positions of treasurer in a Class I county school unit and 
11in each school
district which forms a part of a Class II county 
12school unit but which no
longer is subject to the jurisdiction 
13and authority of a township treasurer
or trustees of schools of 
14a township because the district has withdrawn
from the 
15jurisdiction and authority of the township treasurer and the

16trustees of schools of the township or because those offices 
17have been
abolished as provided in subsection (b) or (c) of 
18Section 5-1,
and chief school business official, if such 
19official is not the
superintendent of the district. Either the 
20board or the Panel may remove
such treasurer or chief school 
21business official;

22 (e) to approve any and all bonds, notes, teachers
orders, 
23tax anticipation warrants, and other evidences of
indebtedness 
24prior to issuance or sale by the school
district; and 
25notwithstanding any other provision of The School Code, as
now 
26or hereafter amended, no bonds, notes, teachers orders, tax

 
 
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1anticipation warrants or other evidences of indebtedness shall 
2be issued or
sold by the school district or be legally binding 
3upon or enforceable
against the local board of education unless 
4and until the approval of the
Panel has been received;

5 (f) to approve all property tax levies of the school

6district and require adjustments thereto as the Panel deems

7necessary or advisable;

8 (g) to require and approve a school district financial 
9plan;

10 (h) to approve and require revisions of the school district 
11budget;

12 (i) to approve all contracts and other obligations as
the 
13Panel deems necessary and appropriate;

14 (j) to authorize emergency State financial assistance,

15including requirements regarding the terms and conditions of

16repayment of such assistance, and to require the board of

17education to levy a separate local property tax, subject to
the 
18limitations of Section 1B-8, sufficient to repay such

19assistance consistent with the terms and conditions of

20repayment and the district's approved financial plan and

21budget;

22 (k) to request the regional superintendent to make 
23appointments to
fill all vacancies on the local school board as 
24provided in Section 10-10;

25 (l) to recommend dissolution or reorganization of the 
26school district
to the General Assembly if in the Panel's 
 
 
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1judgment the
circumstances so require;

2 (m) to direct a phased reduction in the oversight 
3responsibilities of
the Financial Administrator and of the 
4Panel as the circumstances permit;

5 (n) to determine the amount of emergency State
financial 
6assistance to be made available to the school
district, and to 
7establish an operating budget for the Panel
to be supported by 
8funds available from such assistance,
with the assistance and 
9the budget required to be approved
by the State Superintendent;

10 (o) to procure insurance against any loss in such
amounts 
11and from such insurers as it deems necessary;

12 (p) to engage the services of consultants for
rendering 
13professional and technical assistance and advice
on matters 
14within the Panel's power;

15 (q) to contract for and to accept any gifts, grants or

16loans of funds or property or financial or other aid in any

17form from the federal government, State government, unit of

18local government, school district or any agency or

19instrumentality thereof, or from any other private or public

20source, and to comply with the terms and conditions thereof;

21 (r) to pay the expenses of its operations based on the

22Panel's budget as approved by the State Superintendent from

23emergency financial assistance funds available to the
district 
24or from deductions from the district's general State aid or 
25evidence-based funding;

26 (s) to do any and all things necessary or convenient
to 
 
 
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1carry out its purposes and exercise the powers given to
the 
2Panel by this Article; and

3 (t) to recommend the creation of a school finance authority

4pursuant to Article 1F of this Code.

5(Source: P.A. 91-357, eff. 7-29-99; 92-855, eff. 12-6-02.)





6 (105 ILCS 5/1B-7) (from Ch. 122, par. 1B-7)



7 Sec. 1B-7. Financial Administrator; Powers and
Duties. The 
8Financial Administrator appointed by the
Financial Oversight 
9Panel shall serve as the Panel's chief
executive officer. The 
10Financial Administrator shall
exercise the powers and duties 
11required by the Panel,
including but not limited to the 
12following:

13 (a) to provide guidance and recommendations to the
local 
14board and officials of the school district in
developing the 
15district's financial plan and budget prior to
board action;

16 (b) to direct the local board to reorganize its
financial 
17accounts, budgetary systems, and internal
accounting and 
18financial controls, in whatever manner the
Panel deems 
19appropriate to achieve greater financial
responsibility and to 
20reduce financial inefficiency, and to
provide technical 
21assistance to aid the district in
accomplishing the 
22reorganization;

23 (c) to make recommendations to the Financial Oversight

24Panel concerning the school district's financial plan and

25budget, and all other matters within the scope of the
Panel's 
 
 
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1authority;

2 (d) to prepare and recommend to the Panel a proposal
for 
3emergency State financial assistance for the district,

4including recommended terms and conditions of repayment, and
an 
5operations budget for the Panel to be funded from the
emergency 
6assistance or from deductions from the district's general State

7aid or evidence-based funding;

8 (e) to require the local board to prepare and submit

9preliminary staffing and budgetary analyses annually prior
to 
10February 1 in such manner and form as the Financial

11Administrator shall prescribe; and

12 (f) subject to the direction of the Panel, to do all
other 
13things necessary or convenient to carry out its
purposes and 
14exercise the powers given to the Panel under
this Article.

15(Source: P.A. 88-618, eff. 9-9-94.)




16 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)


17 Sec. 1B-8. There is created in the State Treasury a
special 
18fund to be known as the School District Emergency
Financial 
19Assistance Fund (the "Fund"). The School District Emergency

20Financial Assistance Fund shall consist of appropriations, 
21loan repayments, grants from the
federal government, and 
22donations from any public or private source. Moneys in
the Fund

23may be appropriated only to the Illinois Finance Authority and

24the State Board for
those purposes authorized under this 
25Article and Articles
1F and 1H of this Code.
The appropriation 
 
 
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1may be
allocated and expended by the State Board for 
2contractual services to provide technical assistance or 
3consultation to school districts to assess their financial 
4condition and to Financial Oversight Panels that petition for 
5emergency financial assistance grants. The Illinois Finance 
6Authority may provide
loans to school districts which are the 
7subject of an
approved petition for emergency financial 
8assistance under
Section 1B-4,
1F-62, or 1H-65 of this Code. 
9Neither the State Board of Education nor the Illinois Finance 
10Authority may collect any fees for providing these services. 
11 From the amount allocated to each such school
district 
12under this Article the State Board shall identify a sum 
13sufficient to
cover all approved costs of the Financial 
14Oversight Panel
established for the respective school 
15district. If the State Board and State
Superintendent of 
16Education have not approved emergency financial assistance in

17conjunction with the appointment of a Financial Oversight 
18Panel, the Panel's
approved costs shall be paid from deductions 
19from the district's general State
aid or evidence-based 
20funding.

21 The Financial Oversight Panel may prepare and file
with the 
22State Superintendent a proposal for emergency
financial 
23assistance for the school district and for its
operations 
24budget. No expenditures from the Fund shall be
authorized by 
25the State Superintendent until he or she has approved
the 
26request of the Panel, either as submitted or in such
lesser 
 
 
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1amount determined by the State Superintendent.

2 The maximum amount of an emergency financial assistance 
3loan
which may be allocated to any school district under this

4Article, including moneys necessary for the operations of
the 
5Panel, shall not exceed $4,000 times the number of pupils

6enrolled in the school district during the school year
ending 
7June 30 prior to the date of approval by the State
Board of the 
8petition for emergency financial assistance, as
certified to 
9the local board and the Panel by the State
Superintendent.
An 
10emergency financial assistance grant shall not exceed $1,000 
11times the
number of such pupils. A district may receive both a 
12loan and a grant.

13 The payment of an emergency State financial assistance 
14grant or loan
shall be subject to appropriation by the General 
15Assembly. Payment of the emergency State financial assistance 
16loan is subject to the applicable provisions of the Illinois 
17Finance Authority Act.
Emergency State financial assistance 
18allocated and paid to a school
district under this Article may 
19be applied to any fund or funds from which
the local board of 
20education of that district is authorized to make
expenditures 
21by law.

22 Any emergency financial assistance grant proposed by the

23Financial Oversight Panel and approved by the State

24Superintendent may be paid in its entirety during the
initial 
25year of the Panel's existence or spread in equal or
declining 
26amounts over a period of years not to exceed the
period of the 
 
 
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1Panel's existence. An emergency financial assistance loan 
2proposed by the Financial Oversight Panel and approved by the 
3Illinois Finance Authority may be paid in its entirety during 
4the initial year of the Panel's existence or spread in equal or 
5declining amounts over a period of years not to exceed the 
6period of the Panel's existence. All
loans made by the Illinois 
7Finance Authority for a
school district shall be required to be 
8repaid, with simple interest over
the term of the loan at a 
9rate equal to 50% of the one-year Constant Maturity
Treasury 
10(CMT) yield as last published by the Board of Governors of the 
11Federal
Reserve System before the date on which the district's 
12loan is
approved
by the Illinois Finance Authority, not later 
13than the
date the
Financial Oversight Panel ceases to exist. 
14The Panel shall
establish and the Illinois Finance Authority 
15shall
approve the terms and conditions, including the schedule, 
16of
repayments. The schedule shall provide for repayments

17commencing July 1 of each year or upon each fiscal year's 
18receipt of moneys from a tax levy for emergency financial 
19assistance. Repayment shall be incorporated into the
annual 
20budget of the school district and may be made from any fund or 
21funds
of the district in which there are moneys available. An 
22emergency financial assistance loan to the Panel or district 
23shall not be considered part of the calculation of a district's 
24debt for purposes of the limitation specified in Section 19-1 
25of this Code. Default on repayment is subject to the Illinois 
26Grant Funds Recovery Act. When moneys are repaid
as provided 
 
 
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1herein they shall not be made available to the local board for

2further use as emergency financial assistance under this 
3Article at any
time thereafter. All repayments required to be 
4made by a school district
shall be received by the State Board 
5and deposited in the School District
Emergency Financial 
6Assistance Fund.

7 In establishing the terms and conditions for the
repayment 
8obligation of the school district the Panel shall
annually 
9determine whether a separate local property tax levy is

10required. The board of any school district with a tax rate
for 
11educational purposes for the prior year of less than
120% of 
12the maximum rate for educational purposes authorized
by Section 
1317-2 shall provide for a separate
tax levy for emergency 
14financial assistance repayment
purposes. Such tax levy shall 
15not be subject to referendum approval. The
amount of the levy 
16shall be equal to the
amount necessary to meet the annual 
17repayment obligations of
the district as established by the 
18Panel, or 20% of the
amount levied for educational purposes for 
19the prior year,
whichever is less. However, no district shall 
20be
required to levy the tax if the district's operating tax

21rate as determined under Section
18-8, or 18-8.05, or 18-8.15 
22exceeds 200% of the district's tax rate for educational

23purposes for the prior year.

24(Source: P.A. 97-429, eff. 8-16-11.)





25 (105 ILCS 5/1C-1)



 
 
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1 Sec. 1C-1. Purpose. The purpose of this Article is to 
2permit greater
flexibility and efficiency in the distribution 
3and use of certain State funds
available to
local education 
4agencies for the improvement of the quality of educational

5services pursuant to locally established priorities.

6 Through fiscal year 2017, this This Article does not apply 
7to school districts having a population in excess
of 500,000 
8inhabitants.

9(Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95; 
1089-397, eff.
8-20-95; 89-626, eff. 8-9-96.)





11 (105 ILCS 5/1C-2)


12 Sec. 1C-2. Block grants. 

13 (a) For fiscal year 1999, and each fiscal year thereafter, 
14the State Board
of Education shall award to school districts 
15block grants as described in subsection
(c). The State Board of 
16Education may adopt
rules and regulations necessary to 
17implement this Section. In accordance with
Section 2-3.32, all 
18state block grants are subject to an audit. Therefore,
block 
19grant receipts and block grant expenditures shall be recorded 
20to the
appropriate fund code.

21 (b) (Blank).

22 (c) An Early Childhood Education Block Grant shall be 
23created by combining
the following programs: Preschool 
24Education, Parental Training and Prevention
Initiative. These 
25funds shall be distributed to school districts and other

 
 
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1entities on a competitive basis, except that the State Board of 
2Education shall award to a school district having a population 
3exceeding 500,000 inhabitants 37% of the funds in each fiscal 
4year. Not less than 14% of the Early Childhood Education Block 
5Grant allocation of funds
shall be used to
fund programs for 
6children ages 0-3. Beginning in Fiscal Year 2016, at least 25% 
7of any additional Early Childhood Education Block Grant funding 
8over and above the previous fiscal year's allocation shall be 
9used to fund programs for children ages 0-3. Once the 
10percentage of Early Childhood Education Block Grant funding 
11allocated to programs for children ages 0-3 reaches 20% of the 
12overall Early Childhood Education Block Grant allocation for a 
13full fiscal year, thereafter in subsequent fiscal years the 
14percentage of Early Childhood Education Block Grant funding 
15allocated to programs for children ages 0-3 each fiscal year 
16shall remain at least 20% of the overall Early Childhood 
17Education Block Grant allocation. However, if, in a given 
18fiscal year, the amount appropriated for the Early Childhood 
19Education Block Grant is insufficient to increase the 
20percentage of the grant to fund programs for children ages 0-3 
21without reducing the amount of the grant for existing providers 
22of preschool education programs, then the percentage of the 
23grant to fund programs for children ages 0-3 may be held steady 
24instead of increased.

25(Source: P.A. 98-645, eff. 7-1-14; 99-589, eff. 7-21-16.)





 
 
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1 (105 ILCS 5/1D-1)


2 Sec. 1D-1. Block grant funding. 

3 (a) For fiscal year 1996 through fiscal year 2017 and each 
4fiscal year thereafter, the State Board
of Education shall 
5award to a school district having a population exceeding

6500,000 inhabitants a general education block grant and an 
7educational services
block grant, determined as provided in 
8this Section, in lieu of distributing to
the district separate 
9State funding for the programs described in subsections
(b) and 
10(c). The provisions of this Section, however, do not apply to 
11any
federal funds that the district is entitled to receive. In 
12accordance with
Section 2-3.32, all block grants are subject to 
13an audit. Therefore, block
grant receipts and block grant 
14expenditures shall be recorded to the
appropriate fund code for 
15the designated block grant.

16 (b) The general education block grant shall include the 
17following
programs: REI Initiative, Summer Bridges, Preschool 
18At Risk, K-6
Comprehensive Arts, School Improvement Support, 
19Urban Education, Scientific
Literacy, Substance Abuse 
20Prevention, Second Language Planning, Staff
Development, 
21Outcomes and Assessment, K-6 Reading Improvement, 7-12 
22Continued
Reading Improvement, Truants'
Optional Education, 
23Hispanic Programs, Agriculture Education,
Parental Education, 
24Prevention Initiative, Report Cards, and Criminal
Background 
25Investigations. Notwithstanding any other provision of law, 
26all
amounts paid under the general education block grant from 
 
 
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1State appropriations
to a school district in a city having a 
2population exceeding 500,000
inhabitants shall be appropriated 
3and expended by the board of that district
for any of the 
4programs included in the block grant or any of the board's

5lawful purposes.

6 (c) The educational services block grant shall include the 
7following
programs: Regular and Vocational Transportation, 
8State Lunch and
Free Breakfast Program, Special Education 
9(Personnel,
Transportation, Orphanage, Private Tuition), 
10funding
for children requiring special education services, 
11Summer School,
Educational Service Centers, and 
12Administrator's Academy. This subsection (c)
does not relieve 
13the district of its obligation to provide the services
required 
14under a program that is included within the educational 
15services block
grant. It is the intention of the General 
16Assembly in enacting the provisions
of this subsection (c) to 
17relieve the district of the administrative burdens
that impede 
18efficiency and accompany single-program funding. The General

19Assembly encourages the board to pursue mandate waivers 
20pursuant to Section
2-3.25g.
21 The funding program included in the educational services 
22block grant
for funding for children requiring special 
23education services in each fiscal
year shall be treated in that 
24fiscal year as a payment to the school district
in respect of 
25services provided or costs incurred in the prior fiscal year,

26calculated in each case as provided in this Section. Nothing in 
 
 
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1this Section
shall change the nature of payments for any 
2program that, apart from this
Section, would be or, prior to 
3adoption or amendment of this Section, was on
the basis of a 
4payment in a fiscal year in respect of services provided or

5costs incurred in the prior fiscal year, calculated in each 
6case as provided
in this Section.


7 (d) For fiscal year 1996 through fiscal year 2017 and each 
8fiscal year thereafter, the amount
of the district's block 
9grants shall be determined as follows:
(i) with respect to each 
10program that is included within each block grant, the
district 
11shall receive an amount equal to the same percentage of the 
12current
fiscal year appropriation made for that program as the 
13percentage of the
appropriation received by the district from 
14the 1995 fiscal year appropriation
made for that program, and

15(ii) the total amount that is due the district under the block 
16grant shall be
the aggregate of the amounts that the district 
17is entitled to receive for the
fiscal year with respect to each 
18program that is included within the block
grant that the State 
19Board of Education shall award the district under this
Section 
20for that fiscal year. In the case of the Summer Bridges 
21program,
the amount of the district's block grant shall be 
22equal to 44% of the amount
of the current fiscal year 
23appropriation made for that program.

24 (e) The district is not required to file any application or 
25other claim in
order to receive the block grants to which it is 
26entitled under this Section.
The State Board of Education shall 
 
 
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1make payments to the district of amounts due
under the 
2district's block grants on a schedule determined by the State 
3Board
of Education.

4 (f) A school district to which this Section applies shall 
5report to the
State Board of Education on its use of the block 
6grants in such form and detail
as the State Board of Education 
7may specify. In addition, the report must include the following 
8description for the district, which must also be reported to 
9the General Assembly: block grant allocation and expenditures 
10by program; population and service levels by program; and 
11administrative expenditures by program. The State Board of 
12Education shall ensure that the reporting requirements for the 
13district are the same as for all other school districts in this 
14State. 

15 (g) Through fiscal year 2017, this This paragraph provides 
16for the treatment of block grants under Article
1C for purposes 
17of calculating the amount of block grants for a district under

18this Section. Those block grants under Article 1C are, for this

19purpose, treated as included in the amount of appropriation for 
20the various
programs set forth in paragraph (b) above. The 
21appropriation in each current
fiscal year for each block grant 
22under Article 1C shall be treated for these
purposes as 
23appropriations for the individual program included in that 
24block
grant. The proportion of each block grant so allocated to 
25each such program
included in it shall be the proportion which 
26the appropriation for that program
was of all appropriations 
 
 
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1for such purposes now in that block grant, in fiscal
1995.

2 Payments to the school district under this Section with 
3respect to each
program for which payments to school districts 
4generally, as of the date of
this
amendatory Act of the 92nd 
5General Assembly, are on a reimbursement basis
shall continue 
6to be made to the district on a reimbursement basis, pursuant

7to the provisions of this Code governing those programs.

8 (h) Notwithstanding any other provision of law, any school 
9district
receiving a block grant under this Section may 
10classify all or a portion of
the funds that it receives in a 
11particular fiscal year from any block grant
authorized under 
12this Code or from general State aid pursuant to Section
18-8.05 
13of this Code (other than supplemental general State aid) as

14funds received in connection with any funding program for which 
15it is
entitled to receive funds from the State in that fiscal 
16year (including,
without limitation, any funding program 
17referred to in subsection (c) of
this Section), regardless of 
18the source or timing of the receipt. The
district may not 
19classify more funds as funds received in connection
with the 
20funding program than the district is entitled to receive in 
21that
fiscal year for that program. Any classification by a 
22district must be made by
a resolution
of its board of 
23education. The resolution must identify the amount of any
block 
24grant or general State aid to be classified under this 
25subsection (h)
and must specify the funding program to which 
26the funds are to be
treated as received in connection 
 
 
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1therewith. This resolution is
controlling as to the 
2classification of funds referenced therein. A certified
copy of 
3the resolution must be sent to the State Superintendent of

4Education.
The resolution shall still take effect even though a 
5copy of the resolution
has not been sent to the State

6Superintendent of Education in a timely manner.
No 
7classification under this subsection (h) by a district shall

8affect the total amount or timing of money the district is 
9entitled to receive
under this Code.
No classification under 
10this subsection (h) by a district
shall in any way relieve the 
11district from or affect any
requirements that otherwise would 
12apply with respect to the
block grant as provided in this 
13Section, including any
accounting of funds by source, reporting 
14expenditures by
original source and purpose,
reporting 
15requirements, or requirements of provision of
services.

16(Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11; 
1797-813, eff. 7-13-12.)





18 (105 ILCS 5/1E-20)



19 (This Section scheduled to be repealed in accordance with 
20105 ILCS 5/1E-165)
21 Sec. 1E-20. Members of Authority; meetings. 

22 (a) When a petition for a School Finance Authority is 
23allowed by the State
Board under Section 1E-15 of this Code, 
24the State Superintendent shall within
10 days thereafter 
25appoint 5 members to serve on a School Finance Authority for

 
 
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1the district. Of the initial members, 2 shall be appointed to 
2serve a
term of 2 years and 3 shall be appointed to serve a term 
3of 3 years.
Thereafter, each member shall serve for a term of 3 
4years and until his or her
successor has been appointed. The 
5State Superintendent shall designate one of
the members of the 
6Authority to serve as its Chairperson. In the event
of vacancy 
7or resignation, the State Superintendent shall, within 10
days 
8after receiving notice, appoint a successor to serve out that

9member's term. The State Superintendent may remove a member for

10incompetence, malfeasance, neglect of duty, or other just 
11cause.

12 Members of the Authority shall be selected primarily on the 
13basis
of their experience and education in financial 
14management,
with consideration given to persons knowledgeable 
15in education finance.
Two members of the Authority shall be 
16residents of the school district that the
Authority serves. A 
17member of the Authority may not be a member of the
district's 
18school board or an
employee of the district
nor may
a
member 
19have a direct financial interest in the district.

20 Authority members shall serve without compensation, but 
21may
be reimbursed by the State Board for travel and other 
22necessary
expenses incurred in the performance of their 
23official duties.
Unless paid from bonds issued under Section 
241E-65 of this Code, the amount
reimbursed members for their 
25expenses shall be charged
to the school district as part of any 
26emergency financial
assistance and incorporated as a part of 
 
 
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1the terms and conditions
for repayment of the assistance or 
2shall be deducted from the
district's general State aid or 
3evidence-based funding as provided in Section 1B-8 of this 
4Code.

5 The Authority may elect such officers as it deems 
6appropriate.

7 (b) The first meeting of the Authority shall be held at the 
8call of the
Chairperson.
The
Authority shall prescribe the 
9times and places for its meetings and the manner
in which 
10regular and special meetings may be called and shall comply 
11with the
Open Meetings Act.

12 Three members of the Authority shall constitute a quorum.

13When a vote is taken upon any measure before the Authority, a 
14quorum
being present, a majority of the votes of the members 
15voting on the
measure shall determine the outcome.

16(Source: P.A. 92-547, eff. 6-13-02.)




17 (105 ILCS 5/1F-20)


18(This Section scheduled to be repealed in accordance with 105 
19ILCS 5/1F-165)
20 Sec. 1F-20. Members of Authority; meetings. 

21 (a) Upon establishment of a School Finance Authority
under 
22Section 1F-15 of this Code, the State Superintendent shall 
23within
15 days thereafter appoint 5 members to serve on a 
24School Finance Authority for
the district. Of the initial 
25members, 2 shall be appointed to serve a
term of 2 years and 3 
 
 
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1shall be appointed to serve a term of 3 years.
Thereafter, each 
2member shall serve for a term of 3 years and until his or her

3successor has been appointed. The State Superintendent shall 
4designate one of
the members of the Authority to serve as its 
5Chairperson. In the event
of vacancy or resignation, the State 
6Superintendent shall, within 10
days after receiving notice, 
7appoint a successor to serve out that
member's term. The State 
8Superintendent may remove a member for
incompetence, 
9malfeasance, neglect of duty, or other just cause.

10 Members of the Authority shall be selected primarily on the 
11basis
of their experience and education in financial 
12management,
with consideration given to persons knowledgeable 
13in education finance.
Two members of the Authority shall be 
14residents of the school district that the
Authority serves. A 
15member of the Authority may not be a member of the
district's 
16school board or an
employee of the district
nor may
a
member 
17have a direct financial interest in the district.

18 Authority members shall be paid a stipend approved by the 
19State Superintendent of not more than $100 per meeting and may

20be reimbursed by the State Board for travel and other necessary

21expenses incurred in the performance of their official duties.

22Unless paid from bonds issued under Section 1F-65 of this Code, 
23the amount
reimbursed members for their expenses shall be 
24charged
to the school district as part of any emergency 
25financial
assistance and incorporated as a part of the terms 
26and conditions
for repayment of the assistance or shall be 
 
 
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1deducted from the
district's general State aid or 
2evidence-based funding as provided in Section 1B-8 of this 
3Code.

4 The Authority may elect such officers as it deems 
5appropriate.

6 (b) The first meeting of the Authority shall be held at the 
7call of the
Chairperson.
The
Authority shall prescribe the 
8times and places for its meetings and the manner
in which 
9regular and special meetings may be called and shall comply 
10with the
Open Meetings Act.

11 Three members of the Authority shall constitute a quorum.

12When a vote is taken upon any measure before the Authority, a 
13quorum
being present, a majority of the votes of the members 
14voting on the
measure shall determine the outcome.

15(Source: P.A. 94-234, eff. 7-1-06.)




16 (105 ILCS 5/1F-62)



17(This Section scheduled to be repealed in accordance with 105 
18ILCS 5/1F-165)
19 Sec. 1F-62. School District Emergency Financial Assistance 
20Fund;
grants and loans.
21 (a) Moneys in the School District Emergency Financial 
22Assistance Fund
established under Section 1B-8 of this Code may 
23be allocated and
expended by the State Board as grants to 
24provide technical and consulting services to school districts 
25to assess their financial condition and by the Illinois Finance 
 
 
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1Authority for emergency financial assistance loans to a School 
2Finance
Authority that petitions for
emergency financial

3assistance.
An emergency financial assistance loan to a School 
4Finance Authority or borrowing from
sources other than the 
5State shall not be
considered as part of the calculation of a 
6district's debt for purposes of
the limitation specified in 
7Section 19-1 of this Code. From the amount allocated to each 
8School Finance Authority, the State Board shall identify a sum 
9sufficient to cover all approved costs of the School Finance 
10Authority. If the State Board and State Superintendent have not 
11approved emergency financial assistance in conjunction with 
12the appointment of a School Finance Authority, the Authority's 
13approved costs shall be paid from deductions from the 
14district's general State aid or evidence-based funding.
15 The School Finance Authority may prepare and file with the 
16State
Superintendent a proposal for emergency financial 
17assistance for the school district and for its operations 
18budget. No expenditures shall be
authorized by the State 
19Superintendent until he or she has approved
the proposal of the 
20School Finance Authority, either as submitted or in such lesser 
21amount determined by the State Superintendent.


22 (b) The amount of an emergency financial assistance
loan 
23that may be allocated to a School Finance Authority under this 
24Article,
including moneys necessary for the operations of the 
25School Finance Authority, and borrowing
from sources other than 
26the State shall not
exceed, in the aggregate, $4,000 times the 
 
 
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1number of pupils enrolled in the
district
during the school 
2year ending June 30 prior to the date of approval by
the State 
3Board of the petition for emergency financial assistance, as

4certified to the school board and the School Finance Authority 
5by the State
Superintendent.
However, this limitation does not 
6apply to borrowing by the district secured
by
amounts levied by 
7the district prior to establishment of the School Finance

8Authority. An emergency financial assistance grant shall not 
9exceed $1,000 times the number of such pupils. A district may 
10receive both a loan and a grant.


11 (c) The payment of a State emergency financial assistance 
12grant or loan
shall be subject to appropriation by the General 
13Assembly. State
emergency financial assistance allocated and 
14paid to a School Finance Authority
under this Article may be 
15applied to any fund or funds from which the
School Finance

16Authority is authorized to make expenditures by
law.

17 (d) Any State emergency financial assistance proposed by 
18the
School Finance Authority and approved by the State 
19Superintendent may be paid in its
entirety during the initial 
20year of the School Finance Authority's existence or spread in

21equal or declining amounts over a period of years not to exceed 
22the
period of the School Finance Authority's existence. The 
23State Superintendent shall not
approve any loan to the School 
24Finance Authority unless the School Finance Authority has been

25unable to borrow sufficient funds to operate the district.

26 All loan payments made from the School District Emergency

 
 
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1Financial Assistance Fund to a School Finance Authority shall 
2be required to be
repaid not later than the date the School 
3Finance Authority ceases to exist, with simple
interest over 
4the term of the loan at a rate equal to
50% of the one-year 
5Constant Maturity Treasury (CMT) yield as last published
by the 
6Board of Governors of the Federal Reserve System
before the

7date on which the School Finance Authority's loan is approved 
8by the State
Board.

9 The School Finance Authority shall establish and the 
10Illinois Finance Authority shall
approve the terms and 
11conditions of the loan, including the schedule of
repayments.

12The schedule shall provide for repayments commencing July 1 of 
13each
year or upon each fiscal year's receipt of moneys from a 
14tax levy for emergency financial assistance. Repayment shall be 
15incorporated into the annual budget of the
district and may be 
16made from any fund or funds of the district in
which there are 
17moneys available. Default on repayment is subject to the 
18Illinois Grant Funds Recovery Act.
When moneys are repaid as 
19provided
in this Section, they shall not be made available to 
20the School Finance Authority for
further use as emergency 
21financial assistance under this Article at any
time thereafter. 
22All repayments required to be made by a School Finance 
23Authority
shall be received by the State Board and deposited in 
24the School District
Emergency Financial Assistance Fund.

25 In establishing the terms and conditions for the repayment

26obligation of the School Finance Authority, the School Finance

 
 
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1Authority shall annually determine
whether a separate local 
2property tax levy is required to meet that obligation.
The 
3School Finance Authority
shall provide for a separate tax
levy 
4for emergency financial assistance repayment purposes. This 
5tax
levy shall not be subject to referendum approval. The 
6amount of the levy
shall not exceed the amount necessary to 
7meet the annual
emergency financial repayment
obligations of 
8the district, including principal and interest, as established

9by the School Finance Authority.

10(Source: P.A. 94-234, eff. 7-1-06.)


11 (105 ILCS 5/1H-20)
12 Sec. 1H-20. Members of Panel; meetings.
13 (a) Upon establishment of a Financial Oversight Panel under 
14Section 1H-15 of this Code, the State Superintendent shall 
15within 15 working days thereafter appoint 5 members to serve on 
16a Financial Oversight Panel for the district. Members appointed 
17to the Panel shall serve at the pleasure of the State 
18Superintendent. The State Superintendent shall designate one 
19of the members of the Panel to serve as its Chairperson. In the 
20event of vacancy or resignation, the State Superintendent 
21shall, within 10 days after receiving notice, appoint a 
22successor to serve out that member's term.
23 (b) Members of the Panel shall be selected primarily on the 
24basis of their experience and education in financial 
25management, with consideration given to persons knowledgeable 
 
 
10000SB1947ham005- 214 -LRB100 09675 JWD 28950 a


1in education finance. Two members of the Panel shall be 
2residents of the school district that the Panel serves. A 
3member of the Panel may not be a member of the district's 
4school board or an employee of the district nor may a member 
5have a direct financial interest in the district.
6 (c) Panel members may be reimbursed by the State Board for 
7travel and other necessary expenses incurred in the performance 
8of their official duties. The amount reimbursed members for 
9their expenses shall be charged to the school district as part 
10of any emergency financial assistance and incorporated as a 
11part of the terms and conditions for repayment of the 
12assistance or shall be deducted from the district's general 
13State aid or evidence-based funding as provided in Section 
141H-65 of this Code.
15 (d) With the exception of the chairperson, who shall be 
16designated as provided in subsection (a) of this Section, the 
17Panel may elect such officers as it deems appropriate.
18 (e) The first meeting of the Panel shall be held at the 
19call of the Chairperson. The Panel shall prescribe the times 
20and places for its meetings and the manner in which regular and 
21special meetings may be called and shall comply with the Open 
22Meetings Act. The Panel shall also comply with the Freedom of 
23Information Act.
24 (f) Three members of the Panel shall constitute a quorum. A 
25majority of members present is required to pass a measure.

26(Source: P.A. 97-429, eff. 8-16-11.)

 
 
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1 (105 ILCS 5/1H-70)
2 Sec. 1H-70. Tax anticipation warrants, tax anticipation 
3notes, revenue anticipation certificates or notes, general 
4State aid or evidence-based funding anticipation certificates, 
5and lines of credit. With the approval of the State 
6Superintendent and provided that the district is unable to 
7secure short-term financing after 3 attempts, a Panel shall 
8have the same power as a district to do the following:
9  (1) issue tax anticipation warrants under the 
10 provisions of Section 17-16 of this Code against taxes 
11 levied by either the school board or the Panel pursuant to 
12 Section 1H-25 of this Code;
13  (2) issue tax anticipation notes under the provisions 
14 of the Tax Anticipation Note Act against taxes levied by 
15 either the school board or the Panel pursuant to Section 
16 1H-25 of this Code;
17  (3) issue revenue anticipation certificates or notes 
18 under the provisions of the Revenue Anticipation Act;
19  (4) issue general State aid or evidence-based funding 
20 anticipation certificates under the provisions of Section 
21 18-18 of this Code; and
22  (5) establish and utilize lines of credit under the 
23 provisions of Section 17-17 of this Code.
24 Tax anticipation warrants, tax anticipation notes, revenue 
25anticipation certificates or notes, general State aid or 
 
 
10000SB1947ham005- 216 -LRB100 09675 JWD 28950 a


1evidence-based funding anticipation certificates, and lines of 
2credit are considered borrowing from sources other than the 
3State and are subject to Section 1H-65 of this Code. 

4(Source: P.A. 97-429, eff. 8-16-11.)

5 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
6 Sec. 2-3.25g. Waiver or modification of mandates within the 
7School
Code and administrative rules and regulations. 
8 (a) In this Section:
9  "Board" means a school board or the governing board or 
10 administrative district, as the case may be, for a joint 
11 agreement.
12  "Eligible applicant" means a school district, joint 
13 agreement made up of school districts, or regional 
14 superintendent of schools on behalf of schools and programs 
15 operated by the regional office of education.

16  "Implementation date" has the meaning set forth in 
17 Section 24A-2.5 of this Code. 
18  "State Board" means the State Board of Education.

19 (b) Notwithstanding any other
provisions of this School 
20Code or any other law of this State to the
contrary, eligible 
21applicants may petition the State Board of Education for the

22waiver or modification of the mandates of this School Code or 
23of the
administrative rules and regulations promulgated by the 
24State Board of
Education. Waivers or modifications of 
25administrative rules and regulations
and modifications of 
 
 
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1mandates of this School Code may be requested when an eligible 
2applicant demonstrates that it can address the intent of the 
3rule or
mandate in a more effective, efficient, or economical 
4manner or when necessary
to stimulate innovation or improve 
5student performance. Waivers of
mandates of
the School Code may 
6be requested when the waivers are necessary to stimulate

7innovation or improve student performance or when the applicant 
8demonstrates that it can address the intent of the mandate of 
9the School Code in a more effective, efficient, or economical 
10manner. Waivers may not be requested
from laws, rules, and 
11regulations pertaining to special education, teacher educator 
12licensure, teacher tenure and seniority, or Section 5-2.1 of 
13this Code or from compliance with the Every Student Succeeds 
14Act (Public Law 114-95) No
Child Left Behind Act of 2001 
15(Public Law 107-110). Eligible applicants may not seek a waiver 
16or seek a modification of a mandate regarding the requirements 
17for (i) student performance data to be a significant factor in 
18teacher or principal evaluations or (ii) teachers and 
19principals to be rated using the 4 categories of "excellent", 
20"proficient", "needs improvement", or "unsatisfactory". On 
21September 1, 2014, any previously authorized waiver or 
22modification from such requirements shall terminate. 
23 (c) Eligible applicants, as a matter of inherent managerial 
24policy, and any
Independent Authority established under 
25Section 2-3.25f-5 of this Code may submit an
application for a 
26waiver or modification authorized under this Section. Each

 
 
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1application must include a written request by the eligible 
2applicant or
Independent Authority and must demonstrate that 
3the intent of the mandate can
be addressed in a more effective, 
4efficient, or economical manner
or be based
upon a specific 
5plan for improved student performance and school improvement.

6Any eligible applicant requesting a waiver or modification for 
7the reason that intent
of the mandate can be addressed in a 
8more economical manner shall include in
the application a 
9fiscal analysis showing current expenditures on the mandate
and 
10projected savings resulting from the waiver
or modification. 
11Applications
and plans developed by eligible applicants must be 
12approved by the board or regional superintendent of schools 
13applying on behalf of schools or programs operated by the 
14regional office of education following a public hearing on the 
15application and plan and the
opportunity for the board or 
16regional superintendent to hear testimony from staff
directly 
17involved in
its implementation, parents, and students. The time 
18period for such testimony shall be separate from the time 
19period established by the eligible applicant for public comment 
20on other matters. If the applicant is a school district or 
21joint agreement requesting a waiver or modification of Section 
2227-6 of this Code, the public hearing shall be held on a day 
23other than the day on which a regular meeting of the board is 
24held.
25 (c-5) If the applicant is a school district, then the 
26district shall post information that sets forth the time, date, 
 
 
10000SB1947ham005- 219 -LRB100 09675 JWD 28950 a


1place, and general subject matter of the public hearing on its 
2Internet website at least 14 days prior to the hearing. If the 
3district is requesting to increase the fee charged for driver 
4education authorized pursuant to Section 27-24.2 of this Code, 
5the website information shall include the proposed amount of 
6the fee the district will request. All school districts must 
7publish a notice of the public hearing at least 7 days prior to 
8the hearing in a newspaper of general circulation within the 
9school district that sets forth the time, date, place, and 
10general subject matter of the hearing. Districts requesting to 
11increase the fee charged for driver education shall include in 
12the published notice the proposed amount of the fee the 
13district will request. If the applicant is a joint agreement or 
14regional superintendent, then the joint agreement or regional 
15superintendent shall post information that sets forth the time, 
16date, place, and general subject matter of the public hearing 
17on its Internet website at least 14 days prior to the hearing. 
18If the joint agreement or regional superintendent is requesting 
19to increase the fee charged for driver education authorized 
20pursuant to Section 27-24.2 of this Code, the website 
21information shall include the proposed amount of the fee the 
22applicant will request. All joint agreements and regional 
23superintendents must publish a notice of the public hearing at 
24least 7 days prior to the hearing in a newspaper of general 
25circulation in each school district that is a member of the 
26joint agreement or that is served by the educational service 
 
 
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1region that sets forth the time, date, place, and general 
2subject matter of the hearing, provided that a notice appearing 
3in a newspaper generally circulated in more than one school 
4district shall be deemed to fulfill this requirement with 
5respect to all of the affected districts. Joint agreements or 
6regional superintendents requesting to increase the fee 
7charged for driver education shall include in the published 
8notice the proposed amount of the fee the applicant will 
9request. The
eligible applicant must notify in writing the 
10affected exclusive collective
bargaining agent and those State 
11legislators representing the eligible applicant's territory of

12its
intent to seek approval of a
waiver or
modification and of 
13the hearing to be held to take testimony from staff.
The 
14affected exclusive collective bargaining agents shall be 
15notified of such
public hearing at least 7 days prior to the 
16date of the hearing and shall be
allowed to attend
such public 
17hearing. The eligible applicant shall attest to compliance with 
18all of
the notification and procedural requirements set forth 
19in this Section.
20 (d) A request for a waiver or modification of 
21administrative rules and
regulations or for a modification of 
22mandates contained in this School Code
shall be submitted to 
23the State Board of Education within 15 days after
approval by 
24the board or regional superintendent of schools. The 
25application as submitted to the
State Board of Education shall 
26include a description of the public hearing. Except with 
 
 
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1respect to contracting for adaptive driver education, an 
2eligible applicant wishing to request a modification or waiver 
3of administrative rules of the State Board of Education 
4regarding contracting with a commercial driver training school 
5to provide the course of study authorized under Section 27-24.2 
6of this Code must provide evidence with its application that 
7the commercial driver training school with which it will 
8contract holds a license issued by the Secretary of State under 
9Article IV of Chapter 6 of the Illinois Vehicle Code and that 
10each instructor employed by the commercial driver training 
11school to provide instruction to students served by the school 
12district holds a valid teaching certificate or teaching 
13license, as applicable, issued under the requirements of this 
14Code and rules of the State Board of Education. Such evidence 
15must include, but need not be limited to, a list of each 
16instructor assigned to teach students served by the school 
17district, which list shall include the instructor's name, 
18personal identification number as required by the State Board 
19of Education, birth date, and driver's license number. If the 
20modification or waiver is granted, then the eligible applicant 
21shall notify the State Board of Education of any changes in the 
22personnel providing instruction within 15 calendar days after 
23an instructor leaves the program or a new instructor is hired. 
24Such notification shall include the instructor's name, 
25personal identification number as required by the State Board 
26of Education, birth date, and driver's license number. If a 
 
 
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1school district maintains an Internet website, then the 
2district shall post a copy of the final contract between the 
3district and the commercial driver training school on the 
4district's Internet website. If no Internet website exists, 
5then the district shall make available the contract upon 
6request. A record of all materials in relation to the 
7application for contracting must be maintained by the school 
8district and made available to parents and guardians upon 
9request. The instructor's date of birth and driver's license 
10number and any other personally identifying information as 
11deemed by the federal Driver's Privacy Protection Act of 1994 
12must be redacted from any public materials.
Following receipt 
13of the waiver or modification request, the
State Board shall 
14have 45 days to review the application and request. If the

15State Board fails to disapprove the application within that 45 
16day period, the
waiver or modification shall be deemed granted. 
17The State Board
may disapprove
any request if it is not based 
18upon sound educational practices, endangers the
health or 
19safety of students or staff, compromises equal opportunities 
20for
learning, or fails to demonstrate that the intent of the 
21rule or mandate can be
addressed in a more effective, 
22efficient, or economical manner or have improved
student 
23performance as a primary goal. Any request disapproved by the 
24State
Board may be appealed to the General Assembly by the 
25eligible applicant
as outlined in this Section. 
26 A request for a waiver from mandates contained in this 
 
 
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1School Code shall be
submitted to the State Board within 15 
2days after approval by the board or regional superintendent of 
3schools.
The application as submitted to the State Board of 
4Education
shall include a description of the public hearing. 
5The description shall
include, but need not be limited to, the 
6means of notice, the number of people
in attendance, the number 
7of people who spoke as proponents or opponents of the
waiver, a 
8brief description of their comments, and whether there were any

9written statements submitted.
The State Board shall review the 
10applications and requests for
completeness and shall compile 
11the requests in reports to be filed with the
General Assembly. 
12The State Board shall file
reports outlining the waivers

13requested by eligible applicants
and appeals by eligible 
14applicants of requests
disapproved by the State Board with the 
15Senate and the House of
Representatives before each March 1 and

16October
1.
17 The report shall be reviewed by a panel of 4 members 
18consisting of:
19  (1) the Speaker of the House of Representatives;
20  (2) the Minority Leader of the House of 
21 Representatives;
22  (3) the President of the Senate; and
23  (4) the Minority Leader of the Senate.
24The State Board of Education may provide the panel 
25recommendations on waiver requests. The members of the panel 
26shall review the report submitted by the State Board of 
 
 
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1Education and submit to the State Board of Education any notice 
2of further consideration to any waiver request within 14 days 
3after the member receives the report. If 3 or more of the panel 
4members submit a notice of further consideration to any waiver 
5request contained within the report, the State Board of 
6Education shall submit the waiver request to the General 
7Assembly for consideration. If less than 3 panel members submit 
8a notice of further consideration to a waiver request, the 
9waiver may be approved, denied, or modified by the State Board. 
10If the State Board does not act on a waiver request within 10 
11days, then the waiver request is approved. If the waiver 
12request is denied by the State Board, it shall submit the 
13waiver request to the General Assembly for consideration.
14 The General Assembly may disapprove any waiver request 
15submitted to the General Assembly pursuant to this subsection 
16(d) the report of the State Board in whole
or in part within 60 
17calendar days after each house of the General Assembly
next

18convenes after the waiver request is submitted report is filed 
19by adoption of a resolution by a record vote
of the majority of 
20members elected in each house. If the General Assembly
fails to 
21disapprove any waiver request or appealed request within such 
2260
day period, the waiver or modification shall be deemed 
23granted. Any resolution
adopted by the General Assembly 
24disapproving a report of the State Board in
whole or in part 
25shall be binding on the State Board.
26 (e) An approved waiver or modification (except a waiver 
 
 
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1from or modification to a physical education mandate) may 
2remain in effect for a period not to
exceed 5 school years and 
3may be renewed upon application by the
eligible applicant. 
4However, such waiver or modification may be changed within that

55-year period by a board or regional superintendent of schools 
6applying on behalf of schools or programs operated by the 
7regional office of education following the procedure as set

8forth in this Section for the initial waiver or modification 
9request. If
neither the State Board of Education nor the 
10General Assembly disapproves, the
change is deemed granted. 
11 An approved waiver from or modification to a physical 
12education mandate may remain in effect for a period not to 
13exceed 2 school years and may be renewed no more than 2 times 
14upon application by the eligible applicant. An approved waiver 
15from or modification to a physical education mandate may be 
16changed within the 2-year period by the board or regional 
17superintendent of schools, whichever is applicable, following 
18the procedure set forth in this Section for the initial waiver 
19or modification request. If neither the State Board of 
20Education nor the General Assembly disapproves, the change is 
21deemed granted.

22 (f) (Blank).
23(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14; 
2498-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)

25 (105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)

 
 
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1 Sec. 2-3.33. Recomputation of claims.  To recompute within 
23 years from the
final date for filing of a claim any claim for 
3general State aid reimbursement to any school
district and one 
4year from the final date for filing of a claim for 
5evidence-based funding if the claim has been found to be 
6incorrect and to adjust subsequent
claims accordingly, and to 
7recompute and adjust any such claims within 6 years
from the 
8final date for filing when there has been an adverse court or

9administrative agency decision on
the merits affecting the tax 
10revenues of the school district. However, no such
adjustment 
11shall be made regarding equalized assessed valuation unless the

12district's equalized assessed valuation is changed by greater 
13than $250,000 or
2%. Any adjustments for claims recomputed for 
14the 2016-2017 school year and prior school years shall be 
15applied to the apportionment of evidence-based funding in 
16Section 18-8.15 of this Code beginning in the 2017-2018 school 
17year and thereafter. However, the recomputation of a claim for 
18evidence-based funding for a school district shall not require 
19the recomputation of claims for all districts, and the State 
20Board of Education shall only make recomputations of 
21evidence-based funding for those districts where an adjustment 
22is required.


23 Except in the case of an adverse court or administrative 
24agency decision,
no recomputation of a
State aid claim shall be 
25made pursuant to this Section as a result of a
reduction in the 
26assessed valuation of a school district from the assessed

 
 
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1valuation of the district reported to the State Board of 
2Education by the
Department of Revenue under Section 18-8.05 or 
318-8.15 of this Code unless the
requirements of Section
16-15 
4of the Property Tax Code and Section 2-3.84 of this Code are

5complied with in all respects.


6 This paragraph applies to all requests for recomputation of 
7a general
State aid or evidence-based funding claim received 
8after June 30, 2003. In recomputing a general
State aid or 
9evidence-based funding claim that was originally calculated 
10using an extension
limitation equalized assessed valuation 
11under paragraph (3) of
subsection (G) of Section 18-8.05 of 
12this Code or Section 18-8.15 of this Code, a qualifying 
13reduction in
equalized assessed valuation shall be deducted 
14from the extension
limitation equalized assessed valuation 
15that was used in calculating the
original claim.

16 From the total amount of general State aid or 
17evidence-based funding to be provided to
districts, 
18adjustments as a result of recomputation under this Section

19together with adjustments under Section 2-3.84 must not exceed 
20$25
million, in the aggregate for all districts under both 
21Sections combined,
of the general State aid or evidence-based 
22funding appropriation in any fiscal year; if necessary,
amounts 
23shall be prorated among districts. If it is necessary to 
24prorate
claims under this paragraph, then that portion of each 
25prorated claim that is
approved but not paid in the current 
26fiscal year may be resubmitted as a
valid claim in the 
 
 
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1following fiscal year.


2(Source: P.A. 93-845, eff. 7-30-04.)


3 (105 ILCS 5/2-3.51.5)
4 Sec. 2-3.51.5. School Safety and Educational Improvement 
5Block Grant
Program. To improve the level of education and 
6safety of students from
kindergarten through grade 12 in school 
7districts and State-recognized, non-public schools. The State 
8Board of
Education is authorized to fund a School Safety and 
9Educational Improvement
Block Grant Program. 
10 (1) For school districts, the program shall provide funding 
11for school safety, textbooks and
software, electronic 
12textbooks and the technological equipment necessary to gain 
13access to and use electronic textbooks, teacher training and 
14curriculum development, school improvements, school
report 
15cards under Section 10-17a, and criminal history records checks

16under Sections 10-21.9 and 34-18.5. For State-recognized, 
17non-public schools, the program shall provide funding for 
18secular textbooks and software, criminal history records 
19checks, and health and safety mandates to the extent that the 
20funds are expended for purely secular purposes. A school 
21district
or laboratory school as defined in Section 18-8, or 
2218-8.05, or 18-8.15 is not required
to file an application in 
23order to receive the categorical funding to which it
is 
24entitled under this Section. Funds for the School Safety and 
25Educational
Improvement Block Grant Program shall be 
 
 
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1distributed to school districts and
laboratory schools based on 
2the prior year's best 3 months average daily
attendance. Funds 
3for the School Safety and Educational Improvement Block Grant 
4Program shall be distributed to State-recognized, non-public 
5schools based on the average daily attendance figure for the 
6previous school year provided to the State Board of Education. 
7The State Board of Education shall develop an application that 
8requires State-recognized, non-public schools to submit 
9average daily attendance figures. A State-recognized, 
10non-public school must submit the application and average daily 
11attendance figure prior to receiving funds under this Section. 
12The State Board of Education shall promulgate rules and

13regulations necessary for the implementation of this program.
14 (2) Distribution of moneys to school districts and 
15State-recognized, non-public schools shall be made in 2

16semi-annual installments, one payment on or before October 30, 
17and one
payment prior to April 30, of each fiscal year.
18 (3) Grants under the School Safety and Educational 
19Improvement Block Grant
Program shall be awarded provided there 
20is an appropriation for the program,
and funding levels for 
21each district shall be prorated according to the amount
of the 
22appropriation.
23 (4) The provisions of this Section are in the public 
24interest, are for the public benefit, and serve secular public 
25purposes. 
26(Source: P.A. 98-972, eff. 8-15-14.)



 
 
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1 (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)



2 Sec. 2-3.66. Truants' alternative and optional education 
3programs. To
establish projects to offer modified 
4instructional programs or other
services designed to prevent 
5students from dropping out of school,
including programs 
6pursuant to Section 2-3.41, and to serve as a part time
or full 
7time option in lieu of regular school attendance and to award

8grants to local school districts, educational service regions 
9or community
college districts from appropriated funds to 
10assist districts in
establishing such projects. The education 
11agency may operate its own
program or enter into a contract 
12with another not-for-profit entity to
implement the program. 
13The projects shall allow dropouts, up to and
including age 21, 
14potential dropouts, including truants, uninvolved,
unmotivated 
15and disaffected students, as defined by State Board of

16Education rules and regulations, to enroll, as an alternative 
17to regular
school attendance, in an optional education program 
18which may be
established by school board policy and is in 
19conformance with rules adopted
by the State Board of Education. 
20Truants' Alternative and Optional
Education programs funded 
21pursuant to this Section shall be
planned by a student, the 
22student's parents or legal guardians, unless the
student is 18 
23years or older, and school officials and shall culminate in
an 
24individualized optional education plan. Such plan shall focus

25on academic or vocational skills, or both, and may include, but 
 
 
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1not be
limited to, evening school, summer school, community 
2college courses, adult
education, preparation courses for high 
3school equivalency testing, vocational training, work 
4experience, programs to
enhance self concept and parenting 
5courses. School districts which are
awarded grants pursuant to 
6this Section shall be authorized to provide day
care services 
7to children of students who are eligible and desire to enroll

8in programs established and funded under this Section, but only 
9if and to
the extent that such day care is necessary to enable 
10those eligible
students to attend and participate in the 
11programs and courses which are
conducted pursuant to this 
12Section.
School districts and regional offices of education may 
13claim general State
aid under Section 18-8.05 or evidence-based 
14funding under Section 18-8.15 for students enrolled in truants' 
15alternative and
optional education programs, provided that 
16such students are receiving services
that are supplemental to a 
17program leading to a high school diploma and are
otherwise 
18eligible to be claimed for general State aid under Section 
1918-8.05 or evidence-based funding under Section 18-8.15, as 
20applicable.

21(Source: P.A. 98-718, eff. 1-1-15.)


22 (105 ILCS 5/2-3.66b)
23 Sec. 2-3.66b. IHOPE Program.
24 (a) There is established the Illinois Hope and Opportunity 
25Pathways through Education (IHOPE) Program. The State Board of 
 
 
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1Education shall implement and administer the IHOPE Program. The 
2goal of the IHOPE Program is to develop a comprehensive system 
3in this State to re-enroll significant numbers of high school 
4dropouts in programs that will enable them to earn their high 
5school diploma.
6 (b) The IHOPE Program shall award grants, subject to 
7appropriation for this purpose, to educational service regions 
8and a school district organized under Article 34 of this Code 
9from appropriated funds to assist in establishing 
10instructional programs and other services designed to 
11re-enroll high school dropouts. From any funds appropriated for 
12the IHOPE Program, the State Board of Education may use up to 
135% for administrative costs, including the performance of a 
14program evaluation and the hiring of staff to implement and 
15administer the program. 
16 The IHOPE Program shall provide incentive grant funds for 
17regional offices of education and a school district organized 
18under Article 34 of this Code to develop partnerships with 
19school districts, public community colleges, and community 
20groups to build comprehensive plans to re-enroll high school 
21dropouts in their regions or districts.
22 Programs funded through the IHOPE Program shall allow high 
23school dropouts, up to and including age 21 notwithstanding 
24Section 26-2 of this Code, to re-enroll in an educational 
25program in conformance with rules adopted by the State Board of 
26Education. Programs may include without limitation 
 
 
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1comprehensive year-round programming, evening school, summer 
2school, community college courses, adult education, vocational 
3training, work experience, programs to enhance self-concept, 
4and parenting courses. Any student in the IHOPE Program who 
5wishes to earn a high school diploma must meet the 
6prerequisites to receiving a high school diploma specified in 
7Section 27-22 of this Code and any other graduation 
8requirements of the student's district of residence. Any 
9student who successfully completes the requirements for his or 
10her graduation shall receive a diploma identifying the student 
11as graduating from his or her district of residence. 
12 (c) In order to be eligible for funding under the IHOPE 
13Program, an interested regional office of education or a school 
14district organized under Article 34 of this Code shall develop 
15an IHOPE Plan to be approved by the State Board of Education. 
16The State Board of Education shall develop rules for the IHOPE 
17Program that shall set forth the requirements for the 
18development of the IHOPE Plan. Each Plan shall involve school 
19districts, public community colleges, and key community 
20programs that work with high school dropouts located in an 
21educational service region or the City of Chicago before the 
22Plan is sent to the State Board for approval. No funds may be 
23distributed to a regional office of education or a school 
24district organized under Article 34 of this Code until the 
25State Board has approved the Plan.
26 (d) A regional office of education or a school district 
 
 
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1organized under Article 34 of this Code may operate its own 
2program funded by the IHOPE Program or enter into a contract 
3with other not-for-profit entities, including school 
4districts, public community colleges, and not-for-profit 
5community-based organizations, to operate a program. 
6 A regional office of education or a school district 
7organized under Article 34 of this Code that receives an IHOPE 
8grant from the State Board of Education may provide funds under 
9a sub-grant, as specified in the IHOPE Plan, to other 
10not-for-profit entities to provide services according to the 
11IHOPE Plan that was developed. These other entities may include 
12school districts, public community colleges, or not-for-profit 
13community-based organizations or a cooperative partnership 
14among these entities.
15 (e) In order to distribute funding based upon the need to 
16ensure delivery of programs that will have the greatest impact, 
17IHOPE Program funding must be distributed based upon the 
18proportion of dropouts in the educational service region or 
19school district, in the case of a school district organized 
20under Article 34 of this Code, to the total number of dropouts 
21in this State. This formula shall employ the dropout data 
22provided by school districts to the State Board of Education. 
23 A regional office of education or a school district 
24organized under Article 34 of this Code may claim State aid 
25under Section 18-8.05 or 18-8.15 of this Code for students 
26enrolled in a program funded by the IHOPE Program, provided 
 
 
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1that the State Board of Education has approved the IHOPE Plan 
2and that these students are receiving services that are meeting 
3the requirements of Section 27-22 of this Code for receipt of a 
4high school diploma and are otherwise eligible to be claimed 
5for general State aid under Section 18-8.05 of this Code or 
6evidence-based funding under Section 18-8.15 of this Code, 
7including provisions related to the minimum number of days of 
8pupil attendance pursuant to Section 10-19 of this Code and the 
9minimum number of daily hours of school work and any exceptions 
10thereto as defined by the State Board of Education in rules. 
11 (f) IHOPE categories of programming may include the 
12following:
13  (1) Full-time programs that are comprehensive, 
14 year-round programs.
15  (2) Part-time programs combining work and study 
16 scheduled at various times that are flexible to the needs 
17 of students.
18  (3) Online programs and courses in which students take 
19 courses and complete on-site, supervised tests that 
20 measure the student's mastery of a specific course needed 
21 for graduation. Students may take courses online and earn 
22 credit or students may prepare to take supervised tests for 
23 specific courses for credit leading to receipt of a high 
24 school diploma.
25  (4) Dual enrollment in which students attend high 
26 school classes in combination with community college 
 
 
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1 classes or students attend community college classes while 
2 simultaneously earning high school credit and eventually a 
3 high school diploma. 
4 (g) In order to have successful comprehensive programs 
5re-enrolling and graduating low-skilled high school dropouts, 
6programs funded through the IHOPE Program shall include all of 
7the following components:
8  (1) Small programs (70 to 100 students) at a separate 
9 school site with a distinct identity. Programs may be 
10 larger with specific need and justification, keeping in 
11 mind that it is crucial to keep programs small to be 
12 effective.
13  (2) Specific performance-based goals and outcomes and 
14 measures of enrollment, attendance, skills, credits, 
15 graduation, and the transition to college, training, and 
16 employment.
17  (3) Strong, experienced leadership and teaching staff 
18 who are provided with ongoing professional development.
19  (4) Voluntary enrollment.
20  (5) High standards for student learning, integrating 
21 work experience, and education, including during the 
22 school year and after school, and summer school programs 
23 that link internships, work, and learning.
24  (6) Comprehensive programs providing extensive support 
25 services.
26  (7) Small teams of students supported by full-time paid 
 
 
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1 mentors who work to retain and help those students 
2 graduate.
3  (8) A comprehensive technology learning center with 
4 Internet access and broad-based curriculum focusing on 
5 academic and career subject areas.
6  (9) Learning opportunities that incorporate action 
7 into study.
8 (h) Programs funded through the IHOPE Program must report 
9data to the State Board of Education as requested. This 
10information shall include, but is not limited to, student 
11enrollment figures, attendance information, course completion 
12data, graduation information, and post-graduation information, 
13as available. 
14 (i) Rules must be developed by the State Board of Education 
15to set forth the fund distribution process to regional offices 
16of education and a school district organized under Article 34 
17of this Code, the planning and the conditions upon which an 
18IHOPE Plan would be approved by State Board, and other rules to 
19develop the IHOPE Program. 

20(Source: P.A. 96-106, eff. 7-30-09.)

21 (105 ILCS 5/2-3.84) (from Ch. 122, par. 2-3.84)

22 Sec. 2-3.84. In calculating the amount of State aid to be 
23apportioned
to the various school districts in this State, the 
24State Board of Education
shall incorporate and deduct the total 
25aggregate adjustments to assessments
made by
the State Property 
 
 
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1Tax Appeal Board or Cook County Board of Appeals, as
reported 
2pursuant to Section 16-15 of the Property Tax Code or Section

3129.1 of the Revenue Act of 1939 by the Department of Revenue, 
4from the
equalized assessed valuation that is otherwise to be 
5utilized in
the initial calculation.


6 From the total amount of general State aid or 
7evidence-based funding to be provided to
districts, 
8adjustments under this Section together with adjustments as a

9result of recomputation under Section 2-3.33 must not exceed 
10$25
million, in the aggregate for all districts under both 
11Sections combined,
of the general State aid or evidence-based 
12funding appropriation in any fiscal year; if necessary,
amounts 
13shall be prorated among districts. If it is necessary to 
14prorate
claims under this paragraph, then that portion of each 
15prorated claim that is
approved but not paid in the current 
16fiscal year may be resubmitted as a
valid claim in the 
17following fiscal year.


18(Source: P.A. 93-845, eff. 7-30-04.)





19 (105 ILCS 5/2-3.109a)



20 Sec. 2-3.109a. Laboratory schools grant eligibility. A 
21laboratory school
as defined in Section 18-8 or 18-8.15 may 
22apply for and be eligible to receive, subject to
the same 
23restrictions applicable to school districts, any grant 
24administered by
the State Board of Education that is available 
25for school districts.

 
 
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1(Source: P.A. 90-566, eff. 1-2-98.)


2 (105 ILCS 5/2-3.170 new)
3 Sec. 2-3.170. Property tax relief pool grants.
4 (a) As used in this Section,
5 "Property tax multiplier" equals one minus the square of 
6the school district's Local Capacity Percentage, as defined in 
7Section 18-8.15 of this Code.
8 "State Board" means the State Board of Education.
9 "Unit equivalent tax rate" means the Adjusted Operating Tax 
10Rate, as defined in Section 18-8.15 of this Code, multiplied by 
11a factor of 1 for unit school districts, 13/9 for elementary 
12school districts, and 13/4 for high school districts. 
13 (b) Subject to appropriation, the State Board shall provide 
14grants to eligible school districts that provide tax relief to 
15the school district's residents, up to a limit of 1% of the 
16school district's equalized assessed value, as provided in this 
17Section.
18 (c) By August 1 of each year, the State Board shall publish 
19an estimated threshold unit equivalent tax rate. School 
20districts whose adjusted operating tax rate, as defined in this 
21Section, is greater than the estimated threshold unit 
22equivalent tax rate are eligible for relief under this Section. 
23This estimated tax rate shall be based on the most recent 
24available data provided by school districts pursuant to Section 
2518-8.15 of this Code. The State Board shall estimate this 
 
 
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1property tax rate based on the amount appropriated to the grant 
2program and the assumption that a set of school districts, 
3based on criteria established by the State Board, will apply 
4for grants under this Section. The criteria shall be based on 
5reasonable assumptions about when school districts will apply 
6for the grant.
7 (d) School districts seeking grants under this Section 
8shall apply to the State Board by October 1 of each year. All 
9applications to the State Board for grants shall include the 
10amount of the grant requested.
11 (e) By December 1 of each year, based on the most recent 
12available data provided by school districts pursuant to Section 
1318-8.15 of this Code, the State Board shall calculate the unit 
14equivalent tax rate, based on the applications received by the 
15State Board, above which the appropriations are sufficient to 
16provide relief and publish a list of the school districts 
17eligible for relief.
18 (f) The State Board shall publish a final list of grant 
19recipients and provide payment of the grants by January 15 of 
20each year.
21 (g) If payment from the State Board is received by the 
22school district on time, the school district shall reduce its 
23property tax levy in an amount equal to the grant received 
24under this Section.
25 (h) The total grant to a school district under this Section 
26shall be calculated based on the total amount of reduction in 
 
 
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1the school district's aggregate extension, up to a limit of 1% 
2of a district's equalized assessed value for a unit school 
3district, 0.69% for an elementary school district, and 0.31% 
4for a high school district, multiplied by the property tax 
5multiplier or the amount that the unit equivalent tax rate is 
6greater than the rate determined by the State Board, whichever 
7is less.
8 (i) If the State Board does not expend all appropriations 
9allocated pursuant to this Section, then any remaining funds 
10shall be allocated pursuant to Section 18-8.15 of this Code.
11 (j) The State Board shall prioritize payments under Section 
1218-8.15 of this Code over payments under this Section, if 
13necessary.
14 (k) Any grants received by a school district shall be 
15included in future calculations of that school district's Base 
16Funding Minimum under Section 18-8.15 of this Code.
17 (l) In the tax year following receipt of a Property Tax 
18Pool Relief Grant, the aggregate levy of any school district 
19receiving a grant under this Section, for purposes of the 
20Property Tax Extension Limitation Law, shall include the tax 
21relief the school district provided in the previous taxable 
22year under this Section.




23 (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)


24 Sec. 3-14.21. Inspection of schools. 

25 (a) The regional superintendent shall inspect and survey 
 
 
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1all
public
schools under his or her supervision and notify the 
2board of education, or the
trustees of schools in a district 
3with trustees, in writing before July 30,
whether or not the 
4several schools in their district have been kept as required
by 
5law, using forms provided by the State Board of Education which 
6are based on
the Health/Life Safety Code for Public Schools 
7adopted under Section 2-3.12. The regional
superintendent 
8shall report his or her findings to the State Board of

9Education on
forms provided by the State Board of Education.

10 (b) If the regional superintendent determines that a school 
11board has
failed in a timely manner to correct urgent items 
12identified in a previous
life-safety report completed under 
13Section 2-3.12 or as otherwise previously
ordered by the 
14regional superintendent, the regional superintendent shall 
15order
the school board to adopt and submit to the regional 
16superintendent a plan for
the immediate correction of the 
17building violations. This plan shall be
adopted following a 
18public hearing that is conducted by the school board on the

19violations and the plan and that is preceded by at least 7 
20days' prior notice
of the hearing published in
a newspaper of 
21general circulation within the school district. If the regional

22superintendent determines in the next annual inspection that 
23the plan has not
been completed and that the violations have 
24not been corrected, the regional
superintendent shall submit a 
25report to the State Board of Education with a
recommendation 
26that the State Board withhold from payments of general State 
 
 
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1aid or evidence-based funding
due to the district an amount 
2necessary to correct the outstanding violations.
The State 
3Board, upon notice to the school board
and to the regional 
4superintendent, shall consider the report at a meeting of
the 
5State Board, and may order that a sufficient amount of general 
6State aid or evidence-based funding be
withheld from payments 
7due to the district to correct the violations. This
amount 
8shall be paid to the regional superintendent who shall contract 
9on
behalf of the school board for the correction of the 
10outstanding violations.

11 (c) The Office of the State Fire Marshal or a qualified 
12fire official, as defined in Section 2-3.12 of this Code, to 
13whom the State Fire Marshal has delegated his or her authority 
14shall conduct an annual fire safety inspection of each school 
15building in this State. The State Fire Marshal or the fire 
16official shall coordinate its inspections with the regional 
17superintendent. The inspection shall be based on the fire 
18safety code authorized in Section 2-3.12 of this Code. Any 
19violations shall be reported in writing to the regional 
20superintendent and shall reference the specific code sections 
21where a discrepancy has been identified within 15 days after 
22the inspection has been conducted. The regional superintendent 
23shall address those violations that are not corrected in a 
24timely manner pursuant to subsection (b) of this Section. The 
25inspection must be at no cost to the school district.

26 (d) If a municipality or, in the case of an unincorporated 
 
 
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1area, a county or, if applicable, a fire protection district 
2wishes to perform new construction inspections under the 
3jurisdiction of a regional superintendent, then the entity must 
4register this wish with the regional superintendent. These 
5inspections must be based on the building code authorized in 
6Section 2-3.12 of this Code. The inspections must be at no cost 
7to the school district.

8(Source: P.A. 96-734, eff. 8-25-09.)





9 (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)



10 Sec. 7-14A. Annexation compensation. There shall be no 
11accounting
made after a mere change in boundaries when no new 
12district is created, except that those districts whose 
13enrollment increases by 90% or more as a result of annexing 
14territory detached from another district pursuant to this 
15Article are eligible for supplementary State aid payments in 
16accordance with Section 11E-135 of this Code. Eligible annexing 
17districts shall apply to the State Board of Education for 
18supplementary State aid payments by submitting enrollment 
19figures for the year immediately preceding and the year 
20immediately following the effective date of the boundary change 
21for both the district gaining territory and the district losing 
22territory. Copies of any intergovernmental agreements between 
23the district gaining territory and the district losing 
24territory detailing any transfer of fund balances and staff 
25must also be submitted. In all instances of changes in 
 
 
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1boundaries,
the district losing territory shall
not count the 
2average daily attendance of pupils living in the territory

3during the year preceding the effective date of the boundary 
4change in its
claim for reimbursement under Section 18-8.05 or 
518-8.15 of this Code for the school year following
the 
6effective date of the change in boundaries and the district 
7receiving
the territory shall count the average daily 
8attendance of pupils living in
the territory during the year 
9preceding the effective date of the boundary
change in its 
10claim for reimbursement under Section 18-8.05 or 18-8.15 of 
11this Code for the school
year following the effective date of 
12the change in boundaries. The changes to this Section made by 
13this amendatory Act of the 95th General Assembly are intended 
14to be retroactive and applicable to any annexation taking 
15effect on or after July 1, 2004.


16(Source: P.A. 99-657, eff. 7-28-16.)





17 (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)



18 Sec. 10-17a. State, school district, and school report 
19cards. 

20 (1) By October 31, 2013 and October 31 of each subsequent 
21school year, the State Board of Education, through the State 
22Superintendent of Education, shall prepare a State report card, 
23school district report cards, and school report cards, and 
24shall by the most economic means provide to each school

25district in this State, including special charter districts and 
 
 
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1districts
subject to the provisions of Article 34, the report 
2cards for the school district and each of its schools. 
3 (2) In addition to any information required by federal law, 
4the State Superintendent shall determine the indicators and 
5presentation of the school report card, which must include, at 
6a minimum, the most current data possessed by the State Board 
7of Education related to the following:
8  (A) school characteristics and student demographics, 
9 including average class size, average teaching experience, 
10 student racial/ethnic breakdown, and the percentage of 
11 students classified as low-income; the percentage of 
12 students classified as English learners; the percentage of 
13 students who have individualized education plans or 504 
14 plans that provide for special education services; the 
15 percentage of students who annually transferred in or out 
16 of the school district; the per-pupil operating 
17 expenditure of the school district; and the per-pupil State 
18 average operating expenditure for the district type 
19 (elementary, high school, or unit);
20  (B) curriculum information, including, where 
21 applicable, Advanced Placement, International 
22 Baccalaureate or equivalent courses, dual enrollment 
23 courses, foreign language classes, school personnel 
24 resources (including Career Technical Education teachers), 
25 before and after school programs, extracurricular 
26 activities, subjects in which elective classes are 
 
 
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1 offered, health and wellness initiatives (including the 
2 average number of days of Physical Education per week per 
3 student), approved programs of study, awards received, 
4 community partnerships, and special programs such as 
5 programming for the gifted and talented, students with 
6 disabilities, and work-study students;
7  (C) student outcomes, including, where applicable, the 
8 percentage of students deemed proficient on assessments of 
9 State standards, the percentage of students in the eighth 
10 grade who pass Algebra, the percentage of students enrolled 
11 in post-secondary institutions (including colleges, 
12 universities, community colleges, trade/vocational 
13 schools, and training programs leading to career 
14 certification within 2 semesters of high school 
15 graduation), the percentage of students graduating from 
16 high school who are college and career ready, and the 
17 percentage of graduates enrolled in community colleges, 
18 colleges, and universities who are in one or more courses 
19 that the community college, college, or university 
20 identifies as a developmental course; 
21  (D) student progress, including, where applicable, the 
22 percentage of students in the ninth grade who have earned 5 
23 credits or more without failing more than one core class, a 
24 measure of students entering kindergarten ready to learn, a 
25 measure of growth, and the percentage of students who enter 
26 high school on track for college and career readiness;
 
 
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1  (E) the school environment, including, where 
2 applicable, the percentage of students with less than 10 
3 absences in a school year, the percentage of teachers with 
4 less than 10 absences in a school year for reasons other 
5 than professional development, leaves taken pursuant to 
6 the federal Family Medical Leave Act of 1993, long-term 
7 disability, or parental leaves, the 3-year average of the 
8 percentage of teachers returning to the school from the 
9 previous year, the number of different principals at the 
10 school in the last 6 years, 2 or more indicators from any 
11 school climate survey selected or approved by the State and 
12 administered pursuant to Section 2-3.153 of this Code, with 
13 the same or similar indicators included on school report 
14 cards for all surveys selected or approved by the State 
15 pursuant to Section 2-3.153 of this Code, and the combined 
16 percentage of teachers rated as proficient or excellent in 
17 their most recent evaluation; and
18  (F) a school district's and its individual schools' 
19 balanced accountability measure, in accordance with 
20 Section 2-3.25a of this Code; .
21  (G) a school district's Final Percent of Adequacy, as 
22 defined in paragraph (4) of subsection (f) of Section 
23 18-8.15 of this Code;
24  (H) a school district's Local Capacity Target, as 
25 defined in paragraph (2) of subsection (c) of Section 
26 18-8.15 of this Code, displayed as a percentage amount; and
 
 
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1  (I) a school district's Real Receipts, as defined in 
2 paragraph (1) of subsection (d) of Section 18-8.15 of this 
3 Code, divided by a school district's Adequacy Target, as 
4 defined in paragraph (1) of subsection (b) of Section 
5 18-8.15 of this Code, displayed as a percentage amount. 
6 The school report card shall also provide
information that 
7allows for comparing the current outcome, progress, and 
8environment data to the State average, to the school data from 
9the past 5 years, and to the outcomes, progress, and 
10environment of similar schools based on the type of school and 
11enrollment of low-income students, special education students, 
12and English learners.

13 (3) At the discretion of the State Superintendent, the 
14school district report card shall include a subset of the 
15information identified in paragraphs (A) through (E) of 
16subsection (2) of this Section, as well as information relating 
17to the operating expense per pupil and other finances of the 
18school district, and the State report card shall include a 
19subset of the information identified in paragraphs (A) through 
20(E) of subsection (2) of this Section. 
21 (4) Notwithstanding anything to the contrary in this 
22Section, in consultation with key education stakeholders, the 
23State Superintendent shall at any time have the discretion to 
24amend or update any and all metrics on the school, district, or 
25State report card. 
26 (5) Annually, no more than 30 calendar days after receipt 
 
 
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1of the school district and school report cards from the State 
2Superintendent of Education, each school district, including 
3special charter districts and districts subject to the 
4provisions of Article 34, shall present such report
cards at a 
5regular school board meeting subject to
applicable notice 
6requirements, post the report cards
on the
school district's 
7Internet web site, if the district maintains an Internet web

8site, make the report cards
available
to a newspaper of general 
9circulation serving the district, and, upon
request, send the 
10report cards
home to a parent (unless the district does not 
11maintain an Internet web site,
in which case
the report card 
12shall be sent home to parents without request). If the
district 
13posts the report card on its Internet web
site, the district

14shall send a
written notice home to parents stating (i) that 
15the report card is available on
the web site,
(ii) the address 
16of the web site, (iii) that a printed copy of the report card

17will be sent to
parents upon request, and (iv) the telephone 
18number that parents may
call to
request a printed copy of the 
19report card.

20 (6) Nothing contained in this amendatory Act of the 98th 
21General Assembly repeals, supersedes, invalidates, or 
22nullifies final decisions in lawsuits pending on the effective 
23date of this amendatory Act of the 98th General Assembly in 
24Illinois courts involving the interpretation of Public Act 
2597-8. 
26(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30, 
 
 
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1eff. 7-10-15; 99-193, eff. 7-30-15; 99-642, eff. 7-28-16.)





2 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)


3 Sec. 10-19. Length of school term - experimental programs. 
4Each school
board shall annually prepare a calendar for the 
5school term, specifying
the opening and closing dates and 
6providing a minimum term of at least 185
days to insure 176 
7days of actual pupil attendance, computable under Section

818-8.05 or 18-8.15, except that for the 1980-1981 school year 
9only 175 days
of actual
pupil attendance shall be required 
10because of the closing of schools pursuant
to Section 24-2 on 
11January 29, 1981 upon the appointment by the President
of that 
12day as a day of thanksgiving for the freedom of the Americans 
13who
had been held hostage in Iran. Any days allowed by law for 
14teachers' institutes
but not used as such or used as parental 
15institutes as provided
in Section 10-22.18d shall increase the 
16minimum term by the school days not
so used. Except as provided 
17in Section 10-19.1, the board may not extend
the school term 
18beyond such closing date unless that extension of term is

19necessary to provide the minimum number of computable days. In 
20case of
such necessary extension school employees
shall be paid 
21for such additional time on the basis of their regular

22contracts. A school board may specify a closing date earlier 
23than that
set on the annual calendar when the schools of the 
24district have
provided the minimum number of computable days 
25under this Section.
Nothing in this Section prevents the board 
 
 
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1from employing
superintendents of schools, principals and 
2other nonteaching personnel
for a period of 12 months, or in 
3the case of superintendents for a
period in accordance with 
4Section 10-23.8, or prevents the board from
employing other 
5personnel before or after the regular school term with
payment 
6of salary proportionate to that received for comparable work

7during the school term.

8 A school board may make such changes in its calendar for 
9the school term
as may be required by any changes in the legal 
10school holidays prescribed
in Section 24-2. A school board may 
11make changes in its calendar for the
school term as may be 
12necessary to reflect the utilization of teachers'
institute 
13days as parental institute days as provided in Section 
1410-22.18d.

15 The calendar for the school term and any changes must be 
16submitted to and approved by the regional superintendent of 
17schools before the calendar or changes may take effect.

18 With the prior approval of the State Board of Education and 
19subject
to review by the State Board of Education every 3 
20years, any school
board may, by resolution of its board and in 
21agreement with affected
exclusive collective bargaining 
22agents, establish experimental
educational programs, including 
23but not limited to programs for e-learning days as authorized 
24under Section 10-20.56 of this Code,
self-directed learning, or 
25outside of formal class periods, which programs
when so 
26approved shall be considered to comply with the requirements of

 
 
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1this Section as respects numbers of days of actual pupil 
2attendance and
with the other requirements of this Act as 
3respects courses of instruction.

4(Source: P.A. 98-756, eff. 7-16-14; 99-194, eff. 7-30-15.)





5 (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)



6 Sec. 10-22.5a. Attendance by dependents of United States 
7military personnel, foreign exchange students, and certain

8nonresident pupils.
9 (a) To enter into written agreements with cultural exchange 
10organizations,
or with nationally recognized eleemosynary 
11institutions that promote excellence
in the arts, mathematics, 
12or science. The written agreements may provide
for tuition free 
13attendance at the local district school by foreign exchange

14students, or by nonresident pupils of eleemosynary 
15institutions. The local
board of education, as part of the 
16agreement, may require that the cultural
exchange program or 
17the eleemosynary institutions provide services to the
district 
18in exchange for the waiver of nonresident tuition.

19 To enter into written agreements with adjacent school 
20districts to provide
for tuition free attendance by a student 
21of the adjacent district when
requested for the student's 
22health and safety by the student or parent and both
districts 
23determine that the student's health or safety will be served by 
24such
attendance. Districts shall not be required to enter into 
25such agreements nor
be
required to alter existing 
 
 
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1transportation services due to the attendance of
such 
2non-resident pupils.

3 (a-5) If, at the time of enrollment, a dependent of United 
4States military personnel is housed in temporary housing 
5located outside of a school district, but will be living within 
6the district within 60 days after the time of initial 
7enrollment, the dependent must be allowed to enroll, subject to 
8the requirements of this subsection (a-5), and must not be 
9charged tuition. Any United States military personnel 
10attempting to enroll a dependent under this subsection (a-5) 
11shall provide proof that the dependent will be living within 
12the district within 60 days after the time of initial 
13enrollment. Proof of residency may include, but is not limited 
14to, postmarked mail addressed to the military personnel and 
15sent to an address located within the district, a lease 
16agreement for occupancy of a residence located within the 
17district, or proof of ownership of a residence located within 
18the district.

19 (b) Nonresident pupils and foreign exchange students 
20attending school on a
tuition free basis under such agreements 
21and nonresident dependents of United States military personnel 
22attending school on a tuition free basis may be counted for the 
23purposes
of determining the apportionment of State aid provided 
24under Section 18-8.05 or 18-8.15
of this Code. No organization

25or institution participating in agreements authorized under 
26this Section
may exclude any individual for participation in 
 
 
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1its program on account
of the person's race, color, sex, 
2religion or nationality.

3(Source: P.A. 98-739, eff. 7-16-14.)




4 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)



5 Sec. 10-22.20. Classes for adults and youths whose 
6schooling has
been interrupted; conditions for State 
7reimbursement; use of child
care facilities.
8 (a) To establish special classes for the instruction (1)
of 
9persons of age 21 years or over and (2) of persons less than 
10age 21
and not otherwise in attendance in public school, for 
11the purpose of
providing adults in the community and youths 
12whose schooling has been
interrupted with such additional basic 
13education, vocational skill
training, and other instruction as 
14may be necessary to increase their
qualifications for 
15employment or other means of self-support and their
ability to 
16meet their responsibilities as citizens, including courses of

17instruction regularly accepted for graduation from elementary 
18or high
schools and for Americanization and high school 
19equivalency testing review classes.

20 The board shall pay the necessary expenses of such classes 
21out of
school funds of the district, including costs of student 
22transportation
and such facilities or provision for child-care 
23as may be necessary in
the judgment of the board to permit 
24maximum utilization of the courses
by students with children, 
25and other special needs of the students
directly related to 
 
 
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1such instruction. The expenses thus incurred shall
be subject 
2to State reimbursement, as provided in this Section. The
board 
3may make a tuition charge for persons taking instruction who 
4are
not subject to State reimbursement, such tuition charge not 
5to exceed
the per capita cost of such classes.

6 The cost of such instruction, including the additional 
7expenses herein
authorized, incurred for recipients of 
8financial aid under the Illinois
Public Aid Code, or for 
9persons for whom education and training aid has been
authorized 
10under Section 9-8 of that Code, shall be assumed in its 
11entirety
from funds appropriated by the State to the Illinois 
12Community College
Board.

13 (b) The
Illinois Community College Board shall establish

14the standards for the
courses of instruction reimbursed
under 
15this Section. The Illinois Community College Board shall 
16supervise the
administration of the programs. The Illinois 
17Community College Board shall
determine the cost
of instruction 
18in accordance with standards established by the Illinois

19Community College Board, including therein
other incidental 
20costs as herein authorized, which shall serve as the basis of

21State reimbursement in accordance with the provisions of this 
22Section. In the
approval of programs and the determination of 
23the cost of instruction, the
Illinois Community College Board 
24shall provide
for the maximum utilization of federal
funds for 
25such programs.
The Illinois Community College Board shall also 
26provide for:

 
 
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1  (1) the development of an index of need for program 
2 planning and for area
funding allocations, as defined by 
3 the Illinois Community College Board;

4  (2) the method for calculating hours of instruction, as 
5 defined by the
Illinois Community College Board, claimable

6 for reimbursement and a method to phase in
the calculation 
7 and for adjusting the calculations in cases where the 
8 services
of a program are interrupted due to circumstances 
9 beyond the control of the
program provider;

10  (3) a plan for the reallocation of funds to increase 
11 the amount allocated
for grants based upon program 
12 performance as set forth in subsection (d) below;
and

13  (4) the development of standards for determining 
14 grants based upon
performance as set forth in subsection 
15 (d) below and a plan for the phased-in
implementation of 
16 those standards.

17 For instruction provided by school districts and community 
18college
districts beginning July 1, 1996 and thereafter, 
19reimbursement
provided by
the Illinois Community College Board 
20for
classes authorized by this Section
shall be provided from

21funds appropriated for the reimbursement criteria set forth in 
22subsection (c)
below.

23 (c) Upon the annual approval of the Illinois Community 
24College Board, reimbursement
shall be first provided for 
25transportation, child care services, and other
special needs of 
26the students directly related to instruction and then from the

 
 
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1funds remaining
an amount equal to the product of the total 
2credit hours or units
of instruction approved by the Illinois 
3Community College Board, multiplied by the
following:

4  (1) For adult basic education, the maximum 
5 reimbursement per
credit hour
or per unit of instruction 
6 shall be equal to (i) through fiscal year 2017, the general 
7 state aid per pupil
foundation level established in 
8 subsection (B) of Section 18-8.05, divided by
60, or (ii) 
9 in fiscal year 2018 and thereafter, the prior fiscal year 
10 reimbursement level multiplied by the Consumer Price Index 
11 for All Urban Consumers for all items published by the 
12 United States Department of Labor;

13  (2) The maximum reimbursement per credit hour or per 
14 unit of
instruction
in subparagraph (1) above shall be 
15 weighted for students enrolled in classes
defined as 
16 vocational skills and
approved
by the Illinois Community 
17 College Board by
1.25;

18  (3) The maximum reimbursement per credit hour or per 
19 unit of
instruction
in subparagraph (1) above shall be 
20 multiplied by .90 for students enrolled in
classes defined 
21 as adult
secondary
education programs and approved by the 
22 Illinois Community College Board;

23  (4) (Blank); and

24  (5) Funding
for program years after 1999-2000 shall be 
25 determined by the Illinois
Community College Board.

26 (d) Upon its annual approval, the Illinois Community 
 
 
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1College Board
shall provide grants to eligible programs for 
2supplemental
activities to improve or expand services under the 
3Adult Education Act.
Eligible programs shall be determined 
4based upon performance outcomes of
students in the programs as 
5set by the Illinois Community College Board.

6 (e) Reimbursement under this Section shall not exceed
the 
7actual costs of the approved program.

8 If the amount appropriated to the Illinois Community 
9College Board for
reimbursement under this Section is less than 
10the amount required under
this Act, the apportionment shall
be 
11proportionately reduced.

12 School districts and community college districts may 
13assess students up
to $3.00 per credit hour, for classes other 
14than Adult Basic Education level
programs, if needed to meet 
15program costs.

16 (f) An education plan shall be established for each adult 
17or youth
whose
schooling has been interrupted and who is 
18participating in the
instructional programs provided under 
19this Section.

20 Each school board and community college shall keep an 
21accurate and
detailed account of the
students assigned to and 
22receiving instruction under this Section who
are subject to 
23State reimbursement and shall submit reports of services

24provided commencing with fiscal year 1997 as required by the 
25Illinois
Community College Board.

26 For classes authorized under this Section, a credit hour or 
 
 
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1unit of
instruction is equal to 15 hours of direct instruction 
2for students
enrolled in approved adult education programs at 
3midterm and making
satisfactory progress, in accordance with 
4standards established by the Illinois Community College Board.

5 (g) Upon proof submitted to the Illinois
Department of 
6Human Services of the payment of all claims submitted under

7this Section, that Department shall apply for federal funds 
8made
available therefor and any federal funds so received shall

9be paid into the General Revenue Fund in the State Treasury.

10 School districts or community colleges providing classes 
11under this Section
shall submit applications to the Illinois 
12Community College Board for
preapproval in accordance with the 
13standards established by the Illinois
Community College Board. 
14Payments shall be made by the Illinois Community
College Board 
15based upon approved programs. Interim expenditure reports may

16be required by the Illinois Community College Board. Final

17claims for the school year shall be submitted to the regional 
18superintendents
for transmittal to the Illinois Community 
19College Board. Final adjusted
payments shall be made by 
20September
30.

21 If a school district or community college district fails to 
22provide, or
is providing unsatisfactory or insufficient 
23classes under this Section,
the Illinois Community College 
24Board may enter
into agreements with public or
private 
25educational or other agencies other than the public schools for

26the establishment of such classes.

 
 
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1 (h) If a school district or community college district 
2establishes
child-care
facilities for the children of 
3participants in classes established under
this Section, it may 
4extend the use of these facilities to students who
have 
5obtained employment and to other persons in the community whose

6children require care and supervision while the parent or other 
7person in
charge of the children is employed or otherwise 
8absent from the home during
all or part of the day. It may make 
9the facilities available before and
after as well as during 
10regular school hours to school age and preschool
age children 
11who may benefit thereby, including children who require care

12and supervision pending the return of their parent or other 
13person in
charge of their care from employment or other 
14activity requiring absence
from the home.

15 The Illinois Community College Board shall
pay to the board 
16the cost of care
in the facilities for any child who is a 
17recipient of financial aid
under the Illinois Public Aid Code. 

18 The board may charge for care of children for whom it 
19cannot make
claim under the provisions of this Section. The 
20charge shall not exceed
per capita cost, and to the extent 
21feasible, shall be fixed at a level
which will permit 
22utilization by employed parents of low or moderate
income. It 
23may also permit any other State or local governmental agency
or 
24private agency providing care for children to purchase care.

25 After July 1, 1970 when the provisions of Section 10-20.20 
26become
operative in the district, children in a child-care 
 
 
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1facility shall be
transferred to the kindergarten established 
2under that Section for such
portion of the day as may be 
3required for the kindergarten program, and
only the prorated 
4costs of care and training provided in the Center for
the 
5remaining period shall be charged to the Illinois Department of

6Human Services or other persons or agencies paying for such 
7care.

8 (i) The provisions of this Section shall also apply to 
9school
districts having a population exceeding 500,000.

10 (j) In addition to claiming reimbursement under this 
11Section, a school
district may claim general State aid under 
12Section 18-8.05 or evidence-based funding under Section 
1318-8.15 for any student
under age 21 who is enrolled in courses 
14accepted for graduation from elementary
or high school and who 
15otherwise meets the requirements of Section 18-8.05 or 18-8.15, 
16as applicable.

17(Source: P.A. 98-718, eff. 1-1-15.)


18 (105 ILCS 5/10-29)
19 Sec. 10-29. Remote educational programs.
20 (a) For purposes of this Section, "remote educational 
21program" means an educational program delivered to students in 
22the home or other location outside of a school building that 
23meets all of the following criteria:
24  (1) A student may participate in the program only after 
25 the school district, pursuant to adopted school board 
 
 
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1 policy, and a person authorized to enroll the student under 
2 Section 10-20.12b of this Code determine that a remote 
3 educational program will best serve the student's 
4 individual learning needs. The adopted school board policy 
5 shall include, but not be limited to, all of the following:
6   (A) Criteria for determining that a remote 
7 educational program will best serve a student's 
8 individual learning needs. The criteria must include 
9 consideration of, at a minimum, a student's prior 
10 attendance, disciplinary record, and academic history.
11   (B) Any limitations on the number of students or 
12 grade levels that may participate in a remote 
13 educational program.
14   (C) A description of the process that the school 
15 district will use to approve participation in the 
16 remote educational program. The process must include 
17 without limitation a requirement that, for any student 
18 who qualifies to receive services pursuant to the 
19 federal Individuals with Disabilities Education 
20 Improvement Act of 2004, the student's participation 
21 in a remote educational program receive prior approval 
22 from the student's individualized education program 
23 team.
24   (D) A description of the process the school 
25 district will use to develop and approve a written 
26 remote educational plan that meets the requirements of 
 
 
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1 subdivision (5) of this subsection (a).
2   (E) A description of the system the school district 
3 will establish to calculate the number of clock hours a 
4 student is participating in instruction in accordance 
5 with the remote educational program.
6   (F) A description of the process for renewing a 
7 remote educational program at the expiration of its 
8 term.
9   (G) Such other terms and provisions as the school 
10 district deems necessary to provide for the 
11 establishment and delivery of a remote educational 
12 program.
13  (2) The school district has determined that the remote 
14 educational program's curriculum is aligned to State 
15 learning standards and that the program offers instruction 
16 and educational experiences consistent with those given to 
17 students at the same grade level in the district.
18  (3) The remote educational program is delivered by 
19 instructors that meet the following qualifications:
20   (A) they are certificated under Article 21 of this 
21 Code;
22   (B) they meet applicable highly qualified criteria 
23 under the federal No Child Left Behind Act of 2001; and
24   (C) they have responsibility for all of the 
25 following elements of the program: planning 
26 instruction, diagnosing learning needs, prescribing 
 
 
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1 content delivery through class activities, assessing 
2 learning, reporting outcomes to administrators and 
3 parents and guardians, and evaluating the effects of 
4 instruction.
5  (4) During the period of time from and including the 
6 opening date to the
closing date of the regular school term 
7 of the school district established pursuant to Section 
8 10-19 of this Code, participation in a remote educational 
9 program may be claimed for general State aid purposes under 
10 Section 18-8.05 of this Code or evidence-based funding 
11 purposes under Section 18-8.15 of this Code on any calendar 
12 day, notwithstanding whether the day is a day of pupil 
13 attendance or institute day on the school district's 
14 calendar or any other provision of law restricting 
15 instruction on that day. If the district holds year-round 
16 classes in some buildings, the district
shall classify each 
17 student's participation in a remote educational program as 
18 either on a year-round or a non-year-round schedule for 
19 purposes of claiming general State aid or evidence-based 
20 funding. Outside of the regular school term of the 
21 district, the remote educational program may be offered as 
22 part of any summer school program authorized by this Code.
23  (5) Each student participating in a remote educational 
24 program must have a written remote educational plan that 
25 has been approved by the school district and a person 
26 authorized to enroll the student under Section 10-20.12b of 
 
 
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1 this Code. The school district and a person authorized to 
2 enroll the student under Section 10-20.12b of this Code 
3 must approve any amendment to a remote educational plan. 
4 The remote educational plan must include, but is not 
5 limited to, all of the following:
6   (A) Specific achievement goals for the student 
7 aligned to State learning standards.
8   (B) A description of all assessments that will be 
9 used to measure student progress, which description 
10 shall indicate the assessments that will be 
11 administered at an attendance center within the school 
12 district.
13   (C) A description of the progress reports that will 
14 be provided to the school district and the person or 
15 persons authorized to enroll the student under Section 
16 10-20.12b of this Code.
17   (D) Expectations, processes, and schedules for 
18 interaction between a teacher and student.
19   (E) A description of the specific responsibilities 
20 of the student's family and the school district with 
21 respect to equipment, materials, phone and Internet 
22 service, and any other requirements applicable to the 
23 home or other location outside of a school building 
24 necessary for the delivery of the remote educational 
25 program.
26   (F) If applicable, a description of how the remote 
 
 
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1 educational program will be delivered in a manner 
2 consistent with the student's individualized education 
3 program required by Section 614(d) of the federal 
4 Individuals with Disabilities Education Improvement 
5 Act of 2004 or plan to ensure compliance with Section 
6 504 of the federal Rehabilitation Act of 1973.
7   (G) A description of the procedures and 
8 opportunities for participation in academic and 
9 extra-curricular activities and programs within the 
10 school district.
11   (H) The identification of a parent, guardian, or 
12 other responsible adult who will provide direct 
13 supervision of the program. The plan must include an 
14 acknowledgment by the parent, guardian, or other 
15 responsible adult that he or she may engage only in 
16 non-teaching duties not requiring instructional 
17 judgment or the evaluation of a student. The plan shall 
18 designate the parent, guardian, or other responsible 
19 adult as non-teaching personnel or volunteer personnel 
20 under subsection (a) of Section 10-22.34 of this Code.
21   (I) The identification of a school district 
22 administrator who will oversee the remote educational 
23 program on behalf of the school district and who may be 
24 contacted by the student's parents with respect to any 
25 issues or concerns with the program.
26   (J) The term of the student's participation in the 
 
 
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1 remote educational program, which may not extend for 
2 longer than 12 months, unless the term is renewed by 
3 the district in accordance with subdivision (7) of this 
4 subsection (a).
5   (K) A description of the specific location or 
6 locations in which the program will be delivered. If 
7 the remote educational program is to be delivered to a 
8 student in any location other than the student's home, 
9 the plan must include a written determination by the 
10 school district that the location will provide a 
11 learning environment appropriate for the delivery of 
12 the program. The location or locations in which the 
13 program will be delivered shall be deemed a long 
14 distance teaching reception area under subsection (a) 
15 of Section 10-22.34 of this Code.
16   (L) Certification by the school district that the 
17 plan meets all other requirements of this Section.
18  (6) Students participating in a remote educational 
19 program must be enrolled in a school district attendance 
20 center pursuant to the school district's enrollment policy 
21 or policies. A student participating in a remote 
22 educational program must be tested as part of all 
23 assessments administered by the school district pursuant 
24 to Section 2-3.64a-5 of this Code at the attendance center 
25 in which the student is enrolled and in accordance with the 
26 attendance center's assessment policies and schedule. The 
 
 
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1 student must be included within all accountability 
2 determinations for the school district and attendance 
3 center under State and federal law.
4  (7) The term of a student's participation in a remote 
5 educational program may not extend for longer than 12 
6 months, unless the term is renewed by the school district. 
7 The district may only renew a student's participation in a 
8 remote educational program following an evaluation of the 
9 student's progress in the program, a determination that the 
10 student's continuation in the program will best serve the 
11 student's individual learning needs, and an amendment to 
12 the student's written remote educational plan addressing 
13 any changes for the upcoming term of the program. 
14 For purposes of this Section, a remote educational program 
15does not include instruction delivered to students through an 
16e-learning program approved under Section 10-20.56 of this 
17Code. 
18 (b) A school district may, by resolution of its school 
19board, establish a remote educational program.
20 (c) Clock hours of instruction by students in a remote 
21educational program meeting the requirements of this Section 
22may be claimed by the school district and shall be counted as 
23school work for general State aid purposes in accordance with 
24and subject to the limitations of Section 18-8.05 of this Code 
25or evidence-based funding purposes in accordance with and 
26subject to the limitations of Section 18-8.15 of this Code.
 
 
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1 (d) The impact of remote educational programs on wages, 
2hours, and terms and conditions of employment of educational 
3employees within the school district shall be subject to local 
4collective bargaining agreements.
5 (e) The use of a home or other location outside of a school 
6building for a remote educational program shall not cause the 
7home or other location to be deemed a public school facility. 
8 (f) A remote educational program may be used, but is not 
9required, for instruction delivered to a student in the home or 
10other location outside of a school building that is not claimed 
11for general State aid purposes under Section 18-8.05 of this 
12Code or evidence-based funding purposes under Section 18-8.15 
13of this Code.
14 (g) School districts that, pursuant to this Section, adopt 
15a policy for a remote educational program must submit to the 
16State Board of Education a copy of the policy and any 
17amendments thereto, as well as data on student participation in 
18a format specified by the State Board of Education. The State 
19Board of Education may perform or contract with an outside 
20entity to perform an evaluation of remote educational programs 
21in this State.
22 (h) The State Board of Education may adopt any rules 
23necessary to ensure compliance by remote educational programs 
24with the requirements of this Section and other applicable 
25legal requirements. 

26(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15; 
 
 
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199-194, eff. 7-30-15; 99-642, eff. 7-28-16.)

2 (105 ILCS 5/11E-135)
3 Sec. 11E-135. Incentives. For districts reorganizing under 
4this Article and for a district or districts that annex all of 
5the territory of one or more entire other school districts in 
6accordance with Article 7 of this Code, the following payments 
7shall be made from appropriations made for these purposes:
8 (a)(1) For a combined school district, as defined in 
9Section 11E-20 of this Code, or for a unit district, as defined 
10in Section 11E-25 of this Code, for its first year of 
11existence, the general State aid and supplemental general State 
12aid calculated under Section 18-8.05 of this Code or the 
13evidence-based funding calculated under Section 18-8.15 of 
14this Code, as applicable, shall be computed for the new 
15district and for the previously existing districts for which 
16property is totally included within the new district. If the 
17computation on the basis of the previously existing districts 
18is greater, a supplementary payment equal to the difference 
19shall be made for the first 4 years of existence of the new 
20district.
21 (2) For a school district that annexes all of the territory 
22of one or more entire other school districts as defined in 
23Article 7 of this Code, for the first year during which the 
24change of boundaries attributable to the annexation becomes 
25effective for all purposes, as determined under Section 7-9 of 
 
 
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1this Code, the general State aid and supplemental general State 
2aid calculated under Section 18-8.05 of this Code or the 
3evidence-based funding calculated under Section 18-8.15 of 
4this Code, as applicable, shall be computed for the annexing 
5district as constituted after the annexation and for the 
6annexing and each annexed district as constituted prior to the 
7annexation; and if the computation on the basis of the annexing 
8and annexed districts as constituted prior to the annexation is 
9greater, then a supplementary payment equal to the difference 
10shall be made for the first 4 years of existence of the 
11annexing school district as constituted upon the annexation.
12 (3) For 2 or more school districts that annex all of the 
13territory of one or more entire other school districts, as 
14defined in Article 7 of this Code, for the first year during 
15which the change of boundaries attributable to the annexation 
16becomes effective for all purposes, as determined under Section 
177-9 of this Code, the general State aid and supplemental 
18general State aid calculated under Section 18-8.05 of this Code 
19or the evidence-based funding calculated under Section 18-8.15 
20of this Code, as applicable, shall be computed for each 
21annexing district as constituted after the annexation and for 
22each annexing and annexed district as constituted prior to the 
23annexation; and if the aggregate of the general State aid and 
24supplemental general State aid or evidence-based funding, as 
25applicable, as so computed for the annexing districts as 
26constituted after the annexation is less than the aggregate of 
 
 
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1the general State aid and supplemental general State aid or 
2evidence-based funding, as applicable, as so computed for the 
3annexing and annexed districts, as constituted prior to the 
4annexation, then a supplementary payment equal to the 
5difference shall be made and allocated between or among the 
6annexing districts, as constituted upon the annexation, for the 
7first 4 years of their existence. The total difference payment 
8shall be allocated between or among the annexing districts in 
9the same ratio as the pupil enrollment from that portion of the 
10annexed district or districts that is annexed to each annexing 
11district bears to the total pupil enrollment from the entire 
12annexed district or districts, as such pupil enrollment is 
13determined for the school year last ending prior to the date 
14when the change of boundaries attributable to the annexation 
15becomes effective for all purposes. The amount of the total 
16difference payment and the amount thereof to be allocated to 
17the annexing districts shall be computed by the State Board of 
18Education on the basis of pupil enrollment and other data that 
19shall be certified to the State Board of Education, on forms 
20that it shall provide for that purpose, by the regional 
21superintendent of schools for each educational service region 
22in which the annexing and annexed districts are located.
23 (4) For a school district conversion, as defined in Section 
2411E-15 of this Code, or a multi-unit conversion, as defined in 
25subsection (b) of Section 11E-30 of this Code, if in their 
26first year of existence the newly created elementary districts 
 
 
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1and the newly created high school district, from a school 
2district conversion, or the newly created elementary district 
3or districts and newly created combined high school - unit 
4district, from a multi-unit conversion, qualify for less 
5general State aid under Section 18-8.05 of this Code or 
6evidence-based funding under Section 18-8.15 of this Code than 
7would have been payable under Section 18-8.05 or 18-8.15, as 
8applicable, for that same year to the previously existing 
9districts, then a supplementary payment equal to that 
10difference shall be made for the first 4 years of existence of 
11the newly created districts. The aggregate amount of each 
12supplementary payment shall be allocated among the newly 
13created districts in the proportion that the deemed pupil 
14enrollment in each district during its first year of existence 
15bears to the actual aggregate pupil enrollment in all of the 
16districts during their first year of existence. For purposes of 
17each allocation:
18  (A) the deemed pupil enrollment of the newly created 
19 high school district from a school district conversion 
20 shall be an amount equal to its actual pupil enrollment for 
21 its first year of existence multiplied by 1.25;
22  (B) the deemed pupil enrollment of each newly created 
23 elementary district from a school district conversion 
24 shall be an amount equal to its actual pupil enrollment for 
25 its first year of existence reduced by an amount equal to 
26 the product obtained when the amount by which the newly 
 
 
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1 created high school district's deemed pupil enrollment 
2 exceeds its actual pupil enrollment for its first year of 
3 existence is multiplied by a fraction, the numerator of 
4 which is the actual pupil enrollment of the newly created 
5 elementary district for its first year of existence and the 
6 denominator of which is the actual aggregate pupil 
7 enrollment of all of the newly created elementary districts 
8 for their first year of existence;
9  (C) the deemed high school pupil enrollment of the 
10 newly created combined high school - unit district from a 
11 multi-unit conversion shall be an amount equal to its 
12 actual grades 9 through 12 pupil enrollment for its first 
13 year of existence multiplied by 1.25; and
14  (D) the deemed elementary pupil enrollment of each 
15 newly created district from a multi-unit conversion shall 
16 be an amount equal to each district's actual grade K 
17 through 8 pupil enrollment for its first year of existence, 
18 reduced by an amount equal to the product obtained when the 
19 amount by which the newly created combined high school - 
20 unit district's deemed high school pupil enrollment 
21 exceeds its actual grade 9 through 12 pupil enrollment for 
22 its first year of existence is multiplied by a fraction, 
23 the numerator of which is the actual grade K through 8 
24 pupil enrollment of each newly created district for its 
25 first year of existence and the denominator of which is the 
26 actual aggregate grade K through 8 pupil enrollment of all 
 
 
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1 such newly created districts for their first year of 
2 existence.
3 
The aggregate amount of each supplementary payment under 
4this subdivision (4) and the amount thereof to be allocated to 
5the newly created districts shall be computed by the State 
6Board of Education on the basis of pupil enrollment and other 
7data, which shall be certified to the State Board of Education, 
8on forms that it shall provide for that purpose, by the 
9regional superintendent of schools for each educational 
10service region in which the newly created districts are 
11located.

12 (5) For a partial elementary unit district, as defined in 
13subsection (a) or (c) of Section 11E-30 of this Code, if, in 
14the first year of existence, the newly created partial 
15elementary unit district qualifies for less general State aid 
16and supplemental general State aid under Section 18-8.05 of 
17this Code or less evidence-based funding under Section 18-8.15 
18of this Code, as applicable, than would have been payable under 
19those Sections that Section for that same year to the 
20previously existing districts that formed the partial 
21elementary unit district, then a supplementary payment equal to 
22that difference shall be made to the partial elementary unit 
23district for the first 4 years of existence of that newly 
24created district.
25 (6) For an elementary opt-in, as described in subsection 
26(d) of Section 11E-30 of this Code, the general State aid or 
 
 
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1evidence-based funding difference shall be computed in 
2accordance with paragraph (5) of this subsection (a) as if the 
3elementary opt-in was included in an optional elementary unit 
4district at the optional elementary unit district's original 
5effective date. If the calculation in this paragraph (6) is 
6less than that calculated in paragraph (5) of this subsection 
7(a) at the optional elementary unit district's original 
8effective date, then no adjustments may be made. If the 
9calculation in this paragraph (6) is more than that calculated 
10in paragraph (5) of this subsection (a) at the optional 
11elementary unit district's original effective date, then the 
12excess must be paid as follows:
13  (A) If the effective date for the elementary opt-in is 
14 one year after the effective date for the optional 
15 elementary unit district, 100% of the calculated excess 
16 shall be paid to the optional elementary unit district in 
17 each of the first 4 years after the effective date of the 
18 elementary opt-in.
19  (B) If the effective date for the elementary opt-in is 
20 2 years after the effective date for the optional 
21 elementary unit district, 75% of the calculated excess 
22 shall be paid to the optional elementary unit district in 
23 each of the first 4 years after the effective date of the 
24 elementary opt-in.
25  (C) If the effective date for the elementary opt-in is 
26 3 years after the effective date for the optional 
 
 
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1 elementary unit district, 50% of the calculated excess 
2 shall be paid to the optional elementary unit district in 
3 each of the first 4 years after the effective date of the 
4 elementary opt-in.
5  (D) If the effective date for the elementary opt-in is 
6 4 years after the effective date for the optional 
7 elementary unit district, 25% of the calculated excess 
8 shall be paid to the optional elementary unit district in 
9 each of the first 4 years after the effective date of the 
10 elementary opt-in.
11  (E) If the effective date for the elementary opt-in is 
12 5 years after the effective date for the optional 
13 elementary unit district, the optional elementary unit 
14 district is not eligible for any additional incentives due 
15 to the elementary opt-in.
16 (6.5) For a school district that annexes territory detached 
17from another school district whereby the enrollment of the 
18annexing district increases by 90% or more as a result of the 
19annexation, for the first year during which the change of 
20boundaries attributable to the annexation becomes effective 
21for all purposes as determined under Section 7-9 of this Code, 
22the general State aid and supplemental general State aid or 
23evidence-based funding, as applicable, calculated under this 
24Section shall be computed for the district gaining territory 
25and the district losing territory as constituted after the 
26annexation and for the same districts as constituted prior to 
 
 
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1the annexation; and if the aggregate of the general State aid 
2and supplemental general State aid or evidence-based funding, 
3as applicable, as so computed for the district gaining 
4territory and the district losing territory as constituted 
5after the annexation is less than the aggregate of the general 
6State aid and supplemental general State aid or evidence-based 
7funding, as applicable, as so computed for the district gaining 
8territory and the district losing territory as constituted 
9prior to the annexation, then a supplementary payment shall be 
10made to the annexing district for the first 4 years of 
11existence after the annexation, equal to the difference 
12multiplied by the ratio of student enrollment in the territory 
13detached to the total student enrollment in the district losing 
14territory for the year prior to the effective date of the 
15annexation. The amount of the total difference and the 
16proportion paid to the annexing district shall be computed by 
17the State Board of Education on the basis of pupil enrollment 
18and other data that must be submitted to the State Board of 
19Education in accordance with Section 7-14A of this Code. The 
20changes to this Section made by Public Act 95-707
are intended 
21to be retroactive and applicable to any annexation taking 
22effect on or after July 1, 2004. For annexations that are 
23eligible for payments under this paragraph (6.5) and that are 
24effective on or after July 1, 2004, but before January 11, 2008 
25(the effective date of Public Act 95-707), the first required 
26yearly payment under this paragraph (6.5) shall be paid in the 
 
 
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1fiscal year of January 11, 2008 (the effective date of Public 
2Act 95-707). Subsequent required yearly payments shall be paid 
3in subsequent fiscal years until the payment obligation under 
4this paragraph (6.5) is complete.
5 (7) Claims for financial assistance under this subsection 
6(a) may not be recomputed except as expressly provided under 
7Section 18-8.05 or 18-8.15 of this Code.
8 (8) Any supplementary payment made under this subsection 
9(a) must be treated as separate from all other payments made 
10pursuant to Section 18-8.05 or 18-8.15 of this Code.
11 (b)(1) After the formation of a combined school district, 
12as defined in Section 11E-20 of this Code, or a unit district, 
13as defined in Section 11E-25 of this Code, a computation shall 
14be made to determine the difference between the salaries 
15effective in each of the previously existing districts on June 
1630, prior to the creation of the new district. For the first 4 
17years after the formation of the new district, a supplementary 
18State aid reimbursement shall be paid to the new district equal 
19to the difference between the sum of the salaries earned by 
20each of the certificated members of the new district, while 
21employed in one of the previously existing districts during the 
22year immediately preceding the formation of the new district, 
23and the sum of the salaries those certificated members would 
24have been paid during the year immediately prior to the 
25formation of the new district if placed on the salary schedule 
26of the previously existing district with the highest salary 
 
 
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1schedule.
2 (2) After the territory of one or more school districts is 
3annexed by one or more other school districts as defined in 
4Article 7 of this Code, a computation shall be made to 
5determine the difference between the salaries effective in each 
6annexed district and in the annexing district or districts as 
7they were each constituted on June 30 preceding the date when 
8the change of boundaries attributable to the annexation became 
9effective for all purposes, as determined under Section 7-9 of 
10this Code. For the first 4 years after the annexation, a 
11supplementary State aid reimbursement shall be paid to each 
12annexing district as constituted after the annexation equal to 
13the difference between the sum of the salaries earned by each 
14of the certificated members of the annexing district as 
15constituted after the annexation, while employed in an annexed 
16or annexing district during the year immediately preceding the 
17annexation, and the sum of the salaries those certificated 
18members would have been paid during the immediately preceding 
19year if placed on the salary schedule of whichever of the 
20annexing or annexed districts had the highest salary schedule 
21during the immediately preceding year.
22 (3) For each new high school district formed under a school 
23district conversion, as defined in Section 11E-15 of this Code, 
24the State shall make a supplementary payment for 4 years equal 
25to the difference between the sum of the salaries earned by 
26each certified member of the new high school district, while 
 
 
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1employed in one of the previously existing districts, and the 
2sum of the salaries those certified members would have been 
3paid if placed on the salary schedule of the previously 
4existing district with the highest salary schedule.
5 (4) For each newly created partial elementary unit 
6district, the State shall make a supplementary payment for 4 
7years equal to the difference between the sum of the salaries 
8earned by each certified member of the newly created partial 
9elementary unit district, while employed in one of the 
10previously existing districts that formed the partial 
11elementary unit district, and the sum of the salaries those 
12certified members would have been paid if placed on the salary 
13schedule of the previously existing district with the highest 
14salary schedule. The salary schedules used in the calculation 
15shall be those in effect in the previously existing districts 
16for the school year prior to the creation of the new partial 
17elementary unit district.
18 (5) For an elementary district opt-in, as described in 
19subsection (d) of Section 11E-30 of this Code, the salary 
20difference incentive shall be computed in accordance with 
21paragraph (4) of this subsection (b) as if the opted-in 
22elementary district was included in the optional elementary 
23unit district at the optional elementary unit district's 
24original effective date. If the calculation in this paragraph 
25(5) is less than that calculated in paragraph (4) of this 
26subsection (b) at the optional elementary unit district's 
 
 
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1original effective date, then no adjustments may be made. If 
2the calculation in this paragraph (5) is more than that 
3calculated in paragraph (4) of this subsection (b) at the 
4optional elementary unit district's original effective date, 
5then the excess must be paid as follows:
6  (A) If the effective date for the elementary opt-in is 
7 one year after the effective date for the optional 
8 elementary unit district, 100% of the calculated excess 
9 shall be paid to the optional elementary unit district in 
10 each of the first 4 years after the effective date of the 
11 elementary opt-in.
12  (B) If the effective date for the elementary opt-in is 
13 2 years after the effective date for the optional 
14 elementary unit district, 75% of the calculated excess 
15 shall be paid to the optional elementary unit district in 
16 each of the first 4 years after the effective date of the 
17 elementary opt-in.
18  (C) If the effective date for the elementary opt-in is 
19 3 years after the effective date for the optional 
20 elementary unit district, 50% of the calculated excess 
21 shall be paid to the optional elementary unit district in 
22 each of the first 4 years after the effective date of the 
23 elementary opt-in.
24  (D) If the effective date for the elementary opt-in is 
25 4 years after the effective date for the partial elementary 
26 unit district, 25% of the calculated excess shall be paid 
 
 
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1 to the optional elementary unit district in each of the 
2 first 4 years after the effective date of the elementary 
3 opt-in.
4  (E) If the effective date for the elementary opt-in is 
5 5 years after the effective date for the optional 
6 elementary unit district, the optional elementary unit 
7 district is not eligible for any additional incentives due 
8 to the elementary opt-in.
9 (5.5) After the formation of a cooperative high school by 2 
10or more school districts under Section 10-22.22c of this Code, 
11a computation shall be made to determine the difference between 
12the salaries effective in each of the previously existing high 
13schools on June 30 prior to the formation of the cooperative 
14high school. For the first 4 years after the formation of the 
15cooperative high school, a supplementary State aid 
16reimbursement shall be paid to the cooperative high school 
17equal to the difference between the sum of the salaries earned 
18by each of the certificated members of the cooperative high 
19school while employed in one of the previously existing high 
20schools during the year immediately preceding the formation of 
21the cooperative high school and the sum of the salaries those 
22certificated members would have been paid during the year 
23immediately prior to the formation of the cooperative high 
24school if placed on the salary schedule of the previously 
25existing high school with the highest salary schedule.
26 (5.10) After the annexation of territory detached from

 
 
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1another school district whereby the enrollment of the annexing

2district increases by 90% or more as a result of the

3annexation, a computation shall be made to determine the

4difference between the salaries effective in the district

5gaining territory and the district losing territory as they

6each were constituted on June 30 preceding the date when the

7change of boundaries attributable to the annexation became

8effective for all purposes as determined under Section 7-9 of

9this Code. For the first 4 years after the annexation, a

10supplementary State aid reimbursement shall be paid to the

11annexing district equal to the difference between the sum of

12the salaries earned by each of the certificated members of the

13annexing district as constituted after the annexation while

14employed in the district gaining territory or the district

15losing territory during the year immediately preceding the

16annexation and the sum of the salaries those certificated

17members would have been paid during such immediately preceding

18year if placed on the salary schedule of whichever of the

19district gaining territory or district losing territory had the

20highest salary schedule during the immediately preceding year.

21To be eligible for supplementary State aid reimbursement under

22this Section, the intergovernmental agreement to be submitted

23pursuant to Section 7-14A of this Code must show that staff

24members were transferred from the control of the district

25losing territory to the control of the district gaining

26territory in the annexation. The changes to this Section made

 
 
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1by Public Act 95-707
are
intended to be retroactive and 
2applicable to any annexation
taking effect on or after July 1, 
32004. For annexations that are eligible for payments under this 
4paragraph (5.10) and that are effective on or after July 1, 
52004, but before January 11, 2008 (the effective date of Public 
6Act 95-707), the first required yearly payment under this 
7paragraph (5.10) shall be paid in the fiscal year of January 
811, 2008 (the effective date of Public Act 95-707). Subsequent 
9required yearly payments shall be paid in subsequent fiscal 
10years until the payment obligation under this paragraph (5.10) 
11is complete.

12 (5.15)
After the deactivation of a school facility in 
13accordance with Section 10-22.22b of this Code, a computation 
14shall be made to determine the difference between the salaries 
15effective in the sending school district and each receiving 
16school district on June 30 prior to the deactivation of the 
17school facility. For the lesser of the first 4 years after the 
18deactivation of the school facility or the length of the 
19deactivation agreement, including any renewals of the original 
20deactivation agreement, a supplementary State aid 
21reimbursement shall be paid to each receiving district equal to 
22the difference between the sum of the salaries earned by each 
23of the certificated members transferred to that receiving 
24district as a result of the deactivation while employed in the 
25sending district during the year immediately preceding the 
26deactivation and the sum of the salaries those certificated 
 
 
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1members would have been paid during the year immediately 
2preceding the deactivation if placed on the salary schedule of 
3the sending or receiving district with the highest salary 
4schedule. 
5 (6) The supplementary State aid reimbursement under this 
6subsection (b) shall be treated as separate from all other 
7payments made pursuant to Section 18-8.05 of this Code. In the 
8case of the formation of a new district or cooperative high 
9school or a deactivation, reimbursement shall begin during the 
10first year of operation of the new district or cooperative high 
11school or the first year of the deactivation, and in the case 
12of an annexation of the territory of one or more school 
13districts by one or more other school districts or the 
14annexation of territory detached from a school district whereby

15the enrollment of the annexing district increases by 90% or

16more as a result of the annexation, reimbursement shall begin 
17during the first year when the change in boundaries 
18attributable to the annexation becomes effective for all 
19purposes as determined pursuant to Section 7-9 of this Code, 
20except that for an annexation of territory detached from a 
21school district that is effective on or after July 1, 2004, but 
22before January 11, 2008 (the effective date of Public Act 
2395-707), whereby the enrollment of the annexing district 
24increases by 90% or more as a result of the annexation, 
25reimbursement shall begin during the fiscal year of January 11, 
262008 (the effective date of Public Act 95-707). Each year that 
 
 
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1the new, annexing, or receiving district or cooperative high 
2school, as the case may be, is entitled to receive 
3reimbursement, the number of eligible certified members who are 
4employed on October 1 in the district or cooperative high 
5school shall be certified to the State Board of Education on 
6prescribed forms by October 15 and payment shall be made on or 
7before November 15 of that year.
8 (c)(1) For the first year after the formation of a combined 
9school district, as defined in Section 11E-20 of this Code or a 
10unit district, as defined in Section 11E-25 of this Code, a 
11computation shall be made totaling each previously existing 
12district's audited fund balances in the educational fund, 
13working cash fund, operations and maintenance fund, and 
14transportation fund for the year ending June 30 prior to the 
15referendum for the creation of the new district. The new 
16district shall be paid supplementary State aid equal to the sum 
17of the differences between the deficit of the previously 
18existing district with the smallest deficit and the deficits of 
19each of the other previously existing districts.
20 (2) For the first year after the annexation of all of the 
21territory of one or more entire school districts by another 
22school district, as defined in Article 7 of this Code, 
23computations shall be made, for the year ending June 30 prior 
24to the date that the change of boundaries attributable to the 
25annexation is allowed by the affirmative decision issued by the 
26regional board of school trustees under Section 7-6 of this 
 
 
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1Code, notwithstanding any effort to seek administrative review 
2of the decision, totaling the annexing district's and totaling 
3each annexed district's audited fund balances in their 
4respective educational, working cash, operations and 
5maintenance, and transportation funds. The annexing district 
6as constituted after the annexation shall be paid supplementary 
7State aid equal to the sum of the differences between the 
8deficit of whichever of the annexing or annexed districts as 
9constituted prior to the annexation had the smallest deficit 
10and the deficits of each of the other districts as constituted 
11prior to the annexation.
12 (3) For the first year after the annexation of all of the 
13territory of one or more entire school districts by 2 or more 
14other school districts, as defined by Article 7 of this Code, 
15computations shall be made, for the year ending June 30 prior 
16to the date that the change of boundaries attributable to the 
17annexation is allowed by the affirmative decision of the 
18regional board of school trustees under Section 7-6 of this 
19Code, notwithstanding any action for administrative review of 
20the decision, totaling each annexing and annexed district's 
21audited fund balances in their respective educational, working 
22cash, operations and maintenance, and transportation funds. 
23The annexing districts as constituted after the annexation 
24shall be paid supplementary State aid, allocated as provided in 
25this paragraph (3), in an aggregate amount equal to the sum of 
26the differences between the deficit of whichever of the 
 
 
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1annexing or annexed districts as constituted prior to the 
2annexation had the smallest deficit and the deficits of each of 
3the other districts as constituted prior to the annexation. The 
4aggregate amount of the supplementary State aid payable under 
5this paragraph (3) shall be allocated between or among the 
6annexing districts as follows:
7  (A) the regional superintendent of schools for each 
8 educational service region in which an annexed district is 
9 located prior to the annexation shall certify to the State 
10 Board of Education, on forms that it shall provide for that 
11 purpose, the value of all taxable property in each annexed 
12 district, as last equalized or assessed by the Department 
13 of Revenue prior to the annexation, and the equalized 
14 assessed value of each part of the annexed district that 
15 was annexed to or included as a part of an annexing 
16 district;
17  (B) using equalized assessed values as certified by the 
18 regional superintendent of schools under clause (A) of this 
19 paragraph (3), the combined audited fund balance deficit of 
20 each annexed district as determined under this Section 
21 shall be apportioned between or among the annexing 
22 districts in the same ratio as the equalized assessed value 
23 of that part of the annexed district that was annexed to or 
24 included as a part of an annexing district bears to the 
25 total equalized assessed value of the annexed district; and
26  (C) the aggregate supplementary State aid payment 
 
 
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1 under this paragraph (3) shall be allocated between or 
2 among, and shall be paid to, the annexing districts in the 
3 same ratio as the sum of the combined audited fund balance 
4 deficit of each annexing district as constituted prior to 
5 the annexation, plus all combined audited fund balance 
6 deficit amounts apportioned to that annexing district 
7 under clause (B) of this subsection, bears to the aggregate 
8 of the combined audited fund balance deficits of all of the 
9 annexing and annexed districts as constituted prior to the 
10 annexation.
11 (4) For the new elementary districts and new high school 
12district formed through a school district conversion, as 
13defined in Section 11E-15 of this Code or the new elementary 
14district or districts and new combined high school - unit 
15district formed through a multi-unit conversion, as defined in 
16subsection (b) of Section 11E-30 of this Code, a computation 
17shall be made totaling each previously existing district's 
18audited fund balances in the educational fund, working cash 
19fund, operations and maintenance fund, and transportation fund 
20for the year ending June 30 prior to the referendum 
21establishing the new districts. In the first year of the new 
22districts, the State shall make a one-time supplementary 
23payment equal to the sum of the differences between the deficit 
24of the previously existing district with the smallest deficit 
25and the deficits of each of the other previously existing 
26districts. A district with a combined balance among the 4 funds 
 
 
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1that is positive shall be considered to have a deficit of zero. 
2The supplementary payment shall be allocated among the newly 
3formed high school and elementary districts in the manner 
4provided by the petition for the formation of the districts, in 
5the form in which the petition is approved by the regional 
6superintendent of schools or State Superintendent of Education 
7under Section 11E-50 of this Code.
8 (5) For each newly created partial elementary unit 
9district, as defined in subsection (a) or (c) of Section 11E-30 
10of this Code, a computation shall be made totaling the audited 
11fund balances of each previously existing district that formed 
12the new partial elementary unit district in the educational 
13fund, working cash fund, operations and maintenance fund, and 
14transportation fund for the year ending June 30 prior to the 
15referendum for the formation of the partial elementary unit 
16district. In the first year of the new partial elementary unit 
17district, the State shall make a one-time supplementary payment 
18to the new district equal to the sum of the differences between 
19the deficit of the previously existing district with the 
20smallest deficit and the deficits of each of the other 
21previously existing districts. A district with a combined 
22balance among the 4 funds that is positive shall be considered 
23to have a deficit of zero.
24 (6) For an elementary opt-in as defined in subsection (d) 
25of Section 11E-30 of this Code, the deficit fund balance 
26incentive shall be computed in accordance with paragraph (5) of 
 
 
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1this subsection (c) as if the opted-in elementary was included 
2in the optional elementary unit district at the optional 
3elementary unit district's original effective date. If the 
4calculation in this paragraph (6) is less than that calculated 
5in paragraph (5) of this subsection (c) at the optional 
6elementary unit district's original effective date, then no 
7adjustments may be made. If the calculation in this paragraph 
8(6) is more than that calculated in paragraph (5) of this 
9subsection (c) at the optional elementary unit district's 
10original effective date, then the excess must be paid as 
11follows:
12  (A) If the effective date for the elementary opt-in is 
13 one year after the effective date for the optional 
14 elementary unit district, 100% of the calculated excess 
15 shall be paid to the optional elementary unit district in 
16 the first year after the effective date of the elementary 
17 opt-in.
18  (B) If the effective date for the elementary opt-in is 
19 2 years after the effective date for the optional 
20 elementary unit district, 75% of the calculated excess 
21 shall be paid to the optional elementary unit district in 
22 the first year after the effective date of the elementary 
23 opt-in.
24  (C) If the effective date for the elementary opt-in is 
25 3 years after the effective date for the optional 
26 elementary unit district, 50% of the calculated excess 
 
 
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1 shall be paid to the optional elementary unit district in 
2 the first year after the effective date of the elementary 
3 opt-in.
4  (D) If the effective date for the elementary opt-in is 
5 4 years after the effective date for the optional 
6 elementary unit district, 25% of the calculated excess 
7 shall be paid to the optional elementary unit district in 
8 the first year after the effective date of the elementary 
9 opt-in.
10  (E) If the effective date for the elementary opt-in is 
11 5 years after the effective date for the optional 
12 elementary unit district, the optional elementary unit 
13 district is not eligible for any additional incentives due 
14 to the elementary opt-in.
15 (6.5) For the first year after the annexation of territory

16detached from another school district whereby the enrollment of

17the annexing district increases by 90% or more as a result of

18the annexation, a computation shall be made totaling the

19audited fund balances of the district gaining territory and the

20audited fund balances of the district losing territory in the

21educational fund, working cash fund, operations and

22maintenance fund, and transportation fund for the year ending

23June 30 prior to the date that the change of boundaries

24attributable to the annexation is allowed by the affirmative

25decision of the regional board of school trustees under Section

267-6 of this Code, notwithstanding any action for administrative

 
 
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1review of the decision. The annexing district as constituted

2after the annexation shall be paid supplementary State aid

3equal to the difference between the deficit of whichever

4district included in this calculation as constituted prior to

5the annexation had the smallest deficit and the deficit of each

6other district included in this calculation as constituted

7prior to the annexation, multiplied by the ratio of equalized

8assessed value of the territory detached to the total equalized

9assessed value of the district losing territory. The regional

10superintendent of schools for the educational service region in

11which a district losing territory is located prior to the

12annexation shall certify to the State Board of Education the

13value of all taxable property in the district losing territory

14and the value of all taxable property in the territory being

15detached, as last equalized or assessed by the Department of

16Revenue prior to the annexation. To be eligible for

17supplementary State aid reimbursement under this Section, the

18intergovernmental agreement to be submitted pursuant to

19Section 7-14A of this Code must show that fund balances were

20transferred from the district losing territory to the district

21gaining territory in the annexation. The changes to this

22Section made by Public Act 95-707
are intended to be 
23retroactive and applicable to any
annexation taking effect on 
24or after July 1, 2004. For annexations that are eligible for 
25payments under this paragraph (6.5) and that are effective on 
26or after July 1, 2004, but before January 11, 2008 (the 
 
 
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1effective date of Public Act 95-707), the required payment 
2under this paragraph (6.5) shall be paid in the fiscal year of 
3January 11, 2008 (the effective date of Public Act 95-707).

4 (7) For purposes of any calculation required under 
5paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this 
6subsection (c), a district with a combined fund balance that is 
7positive shall be considered to have a deficit of zero. For 
8purposes of determining each district's audited fund balances 
9in its educational fund, working cash fund, operations and 
10maintenance fund, and transportation fund for the specified 
11year ending June 30, as provided in paragraphs (1), (2), (3), 
12(4), (5), (6), and (6.5) of this subsection (c), the balance of 
13each fund shall be deemed decreased by an amount equal to the 
14amount of the annual property tax theretofore levied in the 
15fund by the district for collection and payment to the district 
16during the calendar year in which the June 30 fell, but only to 
17the extent that the tax so levied in the fund actually was 
18received by the district on or before or comprised a part of 
19the fund on such June 30. For purposes of determining each 
20district's audited fund balances, a calculation shall be made 
21for each fund to determine the average for the 3 years prior to 
22the specified year ending June 30, as provided in paragraphs 
23(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c), 
24of the district's expenditures in the categories "purchased 
25services", "supplies and materials", and "capital outlay", as 
26those categories are defined in rules of the State Board of 
 
 
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1Education. If this 3-year average is less than the district's 
2expenditures in these categories for the specified year ending 
3June 30, as provided in paragraphs (1), (2), (3), (4), (5), 
4(6), and (6.5) of this subsection (c), then the 3-year average 
5shall be used in calculating the amounts payable under this 
6Section in place of the amounts shown in these categories for 
7the specified year ending June 30, as provided in paragraphs 
8(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c). 
9Any deficit because of State aid not yet received may not be 
10considered in determining the June 30 deficits. The same basis 
11of accounting shall be used by all previously existing 
12districts and by all annexing or annexed districts, as 
13constituted prior to the annexation, in making any computation 
14required under paragraphs (1), (2), (3), (4), (5), (6), and 
15(6.5) of this subsection (c).
16 (8) The supplementary State aid payments under this 
17subsection (c) shall be treated as separate from all other 
18payments made pursuant to Section 18-8.05 of this Code.
19 (d)(1) Following the formation of a combined school 
20district, as defined in Section 11E-20 of this Code, a new unit 
21district, as defined in Section 11E-25 of this Code, a new 
22elementary district or districts and a new high school district 
23formed through a school district conversion, as defined in 
24Section 11E-15 of this Code, a new partial elementary unit 
25district, as defined in Section 11E-30 of this Code, or a new 
26elementary district or districts formed through a multi-unit 
 
 
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1conversion, as defined in subsection (b) of Section 11E-30 of 
2this Code, or the annexation of all of the territory of one or 
3more entire school districts by one or more other school 
4districts, as defined in Article 7 of this Code, a 
5supplementary State aid reimbursement shall be paid for the 
6number of school years determined under the following table to 
7each new or annexing district equal to the sum of $4,000 for 
8each certified employee who is employed by the district on a 
9full-time basis for the regular term of the school year:




















































































10Reorganized District's RankReorganized District's Rank
11by type of district (unit,in Average Daily Attendance
12high school, elementary)By Quintile
13in Equalized Assessed Value
14Per Pupil by Quintile
153rd, 4th,
161st2ndor 5th
17QuintileQuintileQuintile
18 1st Quintile1 year1 year1 year
19 2nd Quintile1 year2 years2 years
20 3rd Quintile2 years3 years3 years
21 4th Quintile2 years3 years3 years
22 5th Quintile2 years3 years3 years


23The State Board of Education shall make a one-time calculation 
24of a reorganized district's quintile ranks. The average daily 
 
 
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1attendance used in this calculation shall be the best 3 months' 
2average daily attendance for the district's first year. The 
3equalized assessed value per pupil shall be the district's real 
4property equalized assessed value used in calculating the 
5district's first-year general State aid claim, under Section 
618-8.05 of this Code, or first-year evidence-based funding 
7claim, under Section 18-8.15 of this Code, as applicable, 
8divided by the best 3 months' average daily attendance.
9 No annexing or resulting school district shall be entitled 
10to supplementary State aid under this subsection (d) unless the 
11district acquires at least 30% of the average daily attendance 
12of the district from which the territory is being detached or 
13divided.
14 If a district results from multiple reorganizations that 
15would otherwise qualify the district for multiple payments 
16under this subsection (d) in any year, then the district shall 
17receive a single payment only for that year based solely on the 
18most recent reorganization.
19 (2) For an elementary opt-in, as defined in subsection (d) 
20of Section 11E-30 of this Code, the full-time certified staff 
21incentive shall be computed in accordance with paragraph (1) of 
22this subsection (d), equal to the sum of $4,000 for each 
23certified employee of the elementary district that opts-in who 
24is employed by the optional elementary unit district on a 
25full-time basis for the regular term of the school year. The 
26calculation from this paragraph (2) must be paid as follows:
 
 
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1  (A) If the effective date for the elementary opt-in is 
2 one year after the effective date for the optional 
3 elementary unit district, 100% of the amount calculated in 
4 this paragraph (2) shall be paid to the optional elementary 
5 unit district for the number of years calculated in 
6 paragraph (1) of this subsection (d) at the optional 
7 elementary unit district's original effective date, 
8 starting in the second year after the effective date of the 
9 elementary opt-in.
10  (B) If the effective date for the elementary opt-in is 
11 2 years after the effective date for the optional 
12 elementary unit district, 75% of the amount calculated in 
13 this paragraph (2) shall be paid to the optional elementary 
14 unit district for the number of years calculated in 
15 paragraph (1) of this subsection (d) at the optional 
16 elementary unit district's original effective date, 
17 starting in the second year after the effective date of the 
18 elementary opt-in.
19  (C) If the effective date for the elementary opt-in is 
20 3 years after the effective date for the optional 
21 elementary unit district, 50% of the amount calculated in 
22 this paragraph (2) shall be paid to the optional elementary 
23 unit district for the number of years calculated in 
24 paragraph (1) of this subsection (d) at the optional 
25 elementary unit district's original effective date, 
26 starting in the second year after the effective date of the 
 
 
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1 elementary opt-in.
2  (D) If the effective date for the elementary opt-in is 
3 4 years after the effective date for the optional 
4 elementary unit district, 25% of the amount calculated in 
5 this paragraph (2) shall be paid to the optional elementary 
6 unit district for the number of years calculated in 
7 paragraph (1) of this subsection (d) at the optional 
8 elementary unit district's original effective date, 
9 starting in the second year after the effective date of the 
10 elementary opt-in.
11  (E) If the effective date for the elementary opt-in is 
12 5 years after the effective date for the optional 
13 elementary unit district, the optional elementary unit 
14 district is not eligible for any additional incentives due 
15 to the elementary opt-in.
16 (2.5) Following the formation of a cooperative high school 
17by 2 or more school districts under Section 10-22.22c of this 
18Code, a supplementary State aid reimbursement shall be paid for 
193 school years to the cooperative high school equal to the sum 
20of $4,000 for each certified employee who is employed by the 
21cooperative high school on a full-time basis for the regular 
22term of any such school year. If a cooperative high school 
23results from multiple agreements that would otherwise qualify 
24the cooperative high school for multiple payments under this 
25Section in any year, the cooperative high school shall receive 
26a single payment for that year based solely on the most recent 
 
 
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1agreement.
2 (2.10) Following the annexation of territory detached from

3another school district whereby the enrollment of the annexing

4district increases 90% or more as a result of the annexation, a

5supplementary State aid reimbursement shall be paid to the

6annexing district equal to the sum of $4,000 for each certified

7employee who is employed by the annexing district on a

8full-time basis and shall be calculated in accordance with

9subsection (a) of this Section. To be eligible for

10supplementary State aid reimbursement under this Section, the

11intergovernmental agreement to be submitted pursuant to

12Section 7-14A of this Code must show that certified staff

13members were transferred from the control of the district

14losing territory to the control of the district gaining

15territory in the annexation. The changes to this Section made

16by Public Act 95-707
are
intended to be retroactive and 
17applicable to any annexation
taking effect on or after July 1, 
182004. For annexations that are eligible for payments under this 
19paragraph (2.10) and that are effective on or after July 1, 
202004, but before January 11, 2008 (the effective date of Public 
21Act 95-707), the first required yearly payment under this 
22paragraph (2.10) shall be paid in the second fiscal year after 
23January 11, 2008 (the effective date of Public Act 95-707). Any 
24subsequent required yearly payments shall be paid in subsequent 
25fiscal years until the payment obligation under this paragraph 
26(2.10) is complete.

 
 
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1 (2.15)
Following the deactivation of a school facility in 
2accordance with Section 10-22.22b of this Code, a supplementary 
3State aid reimbursement shall be paid for the lesser of 3 
4school years or the length of the deactivation agreement, 
5including any renewals of the original deactivation agreement, 
6to each receiving school district equal to the sum of $4,000 
7for each certified employee who is employed by that receiving 
8district on a full-time basis for the regular term of any such 
9school year who was originally transferred to the control of 
10that receiving district as a result of the deactivation. 
11Receiving districts are eligible for payments under this 
12paragraph (2.15)
based on the certified employees transferred 
13to that receiving district as a result of the deactivation and 
14are not required to receive at least 30% of the deactivating 
15district's average daily attendance as required under 
16paragraph (1) of this subsection (d) to be eligible for 
17payments. 
18 (3) The supplementary State aid reimbursement payable 
19under this subsection (d) shall be separate from and in 
20addition to all other payments made to the district pursuant to 
21any other Section of this Article.
22 (4) During May of each school year for which a 
23supplementary State aid reimbursement is to be paid to a new, 
24annexing, or receiving school district or cooperative high 
25school pursuant to this subsection (d), the school board or 
26governing board shall certify to the State Board of Education, 
 
 
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1on forms furnished to the school board or governing board by 
2the State Board of Education for purposes of this subsection 
3(d), the number of certified employees for which the district 
4or cooperative high school is entitled to reimbursement under 
5this Section, together with the names, certificate numbers, and 
6positions held by the certified employees.
7 (5) Upon certification by the State Board of Education to 
8the State Comptroller of the amount of the supplementary State 
9aid reimbursement to which a school district or cooperative 
10high school is entitled under this subsection (d), the State 
11Comptroller shall draw his or her warrant upon the State 
12Treasurer for the payment thereof to the school district or 
13cooperative high school and shall promptly transmit the payment 
14to the school district or cooperative high school through the 
15appropriate school treasurer.


16(Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; 
1795-903, eff. 8-25-08; 96-328, eff. 8-11-09.)




18 (105 ILCS 5/13A-8)



19 Sec. 13A-8. Funding. 

20 (a) The State of Illinois shall provide funding for
the

21alternative school programs within each educational service 
22region and within
the Chicago public school system by line item 
23appropriation made to the State
Board of Education for that 
24purpose. This money, when appropriated, shall be
provided to 
25the regional superintendent and to the Chicago Board of 
 
 
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1Education,
who shall establish a budget, including salaries, 
2for their
alternative school programs.
Each program shall 
3receive funding in the amount of $30,000 plus an amount
based 
4on the ratio of the region's or Chicago's best 3 months' 
5average daily
attendance in grades pre-kindergarten through 12 
6to the statewide totals of
these amounts. For purposes of this 
7calculation, the best 3 months' average
daily attendance for 
8each region or Chicago shall be calculated by adding to
the 
9best 3 months' average
daily
attendance the number of 
10low-income students identified in the most
recently available 
11federal census multiplied by one-half times the percentage
of 
12the
region's or Chicago's low-income students
to the State's 
13total low-income students.
The State Board of Education shall 
14retain
up to 1.1% of the appropriation to be used to provide 
15technical assistance,
professional development, and 
16evaluations for the programs.

17 (a-5) Notwithstanding any other provisions of this 
18Section, for the
1998-1999
fiscal year, the total amount 
19distributed
under subsection (a) for an alternative school 
20program shall be not less than
the total amount that was 
21distributed under that subsection for that
alternative school 
22program for the 1997-1998 fiscal year. If an alternative
school 
23program is to receive a total distribution under subsection (a) 
24for the
1998-1999 fiscal year that is less than the total

25distribution that the program received under that subsection 
26for the 1997-1998
fiscal year, that alternative school program 
 
 
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1shall also receive, from a
separate appropriation made for 
2purposes of this subsection (a-5), a
supplementary
payment 
3equal to the amount by which its total distribution under

4subsection (a) for the 1997-1998 fiscal year exceeds the amount 
5of the total
distribution that the alternative school program 
6receives under that
subsection for the 1998-1999 fiscal year.

7If the amount appropriated
for supplementary payments to 
8alternative school programs under this subsection
(a-5)
is 
9insufficient for that purpose, those supplementary payments 
10shall be
prorated among the alternative school programs 
11entitled to receive those
supplementary payments according to 
12the aggregate amount of the appropriation
made for purposes of 
13this subsection (a-5).

14 (b) An alternative school program shall be entitled to 
15receive general
State aid as calculated in subsection (K) of

16Section 18-8.05 or evidence-based funding as calculated in 
17subsection (g) of Section 18-8.15 upon filing a claim as

18provided therein. Any time that a student who is enrolled in an 
19alternative
school program spends in work-based learning, 
20community service, or a similar
alternative educational 
21setting shall be included in determining the student's
minimum 
22number of clock hours of daily school work that constitute a 
23day of
attendance for purposes of calculating general State aid 
24or evidence-based funding.

25 (c) An alternative school program may receive additional 
26funding from its
school districts in such amount as may be 
 
 
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1agreed upon by the parties and
necessary
to support the 
2program. In addition, an alternative school program is

3authorized to accept and expend gifts, legacies, and grants, 
4including but not
limited to federal grants, from any source 
5for purposes directly related to the
conduct and operation of 
6the program.

7(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96; 
889-636, eff. 8-9-96;
90-14, eff. 7-1-97; 90-283, eff. 7-31-97; 
990-802, eff. 12-15-98.)




10 (105 ILCS 5/13B-20.20)



11 Sec. 13B-20.20. Enrollment in other programs. High school 
12equivalency testing
preparation programs are not eligible for 
13funding under this Article. A
student
may enroll in a program 
14approved under Section 18-8.05 or 18-8.15 of this Code, as

15appropriate, or
attend both the alternative learning 
16opportunities program and the regular
school program to enhance 
17student performance and facilitate on-time
graduation.

18(Source: P.A. 98-718, eff. 1-1-15.)





19 (105 ILCS 5/13B-45)



20 Sec. 13B-45. Days and hours of attendance. An alternative 
21learning
opportunities program
shall provide students with at 
22least the minimum number of days of pupil
attendance required 
23under Section 10-19 of this Code and the minimum number of

24daily hours of school work required under Section 18-8.05 or 
 
 
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118-8.15 of this Code,
provided that the State Board may approve 
2exceptions to these
requirements if the program meets all of 
3the following conditions:

4  (1) The district plan submitted under Section 
5 13B-25.15 of this Code
establishes that a program providing 
6 the required minimum number of days of
attendance or daily 
7 hours of school work would not serve the needs of the

8 program's students.

9  (2) Each day of attendance shall provide no fewer than 
10 3 clock hours of
school work, as defined under paragraph 
11 (1) of subsection (F) of Section
18-8.05 of this Code.

12  (3) Each day of attendance that provides fewer than 5 
13 clock hours of
school
work shall also provide supplementary 
14 services, including without limitation
work-based 
15 learning, student assistance programs, counseling, case 
16 management,
health and fitness programs, or life-skills or 
17 conflict resolution training,
in order to provide a total 
18 daily program to the student of 5 clock hours. A
program 
19 may claim general State aid or evidence-based funding for 
20 up to 2 hours of the time each day that
a student is 
21 receiving
supplementary services.

22  (4) Each program shall provide no fewer than 174 days 
23 of actual pupil
attendance during the school term; however, 
24 approved evening programs that meet
the requirements of 
25 Section 13B-45 of this Code may offer less than 174 days
of 
26 actual pupil attendance during the school term.

 
 
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1(Source: P.A. 92-42, eff. 1-1-02.)





2 (105 ILCS 5/13B-50)



3 Sec. 13B-50. Eligibility to receive general State aid or 
4evidence-based funding. In order to
receive general State aid 
5or evidence-based funding,
alternative learning opportunities 
6programs must meet the requirements for
claiming general State

7aid as specified in Section 18-8.05 of this Code or 
8evidence-based funding as specified in Section 18-8.15 of this 
9Code, as applicable, with the exception of the
length of the 
10instructional
day, which may be less than 5 hours of school 
11work if the program meets the
criteria set forth under
Sections 
1213B-50.5 and 13B-50.10 of this Code and if the program is 
13approved by
the State Board.

14(Source: P.A. 92-42, eff. 1-1-02.)





15 (105 ILCS 5/13B-50.10)



16 Sec. 13B-50.10. Additional criteria for general State aid 
17or evidence-based funding. In order to
claim general State aid 
18or evidence-based funding,
an alternative learning 
19opportunities program must meet the following
criteria:

20 (1) Teacher professional development plans should include 
21education in the
instruction
of at-risk students.

22 (2) Facilities must meet the health, life, and safety 
23requirements in this
Code.

24 (3) The program must comply with all other State and 
 
 
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1federal laws
applicable to
education providers.

2(Source: P.A. 92-42, eff. 1-1-02.)





3 (105 ILCS 5/13B-50.15)



4 Sec. 13B-50.15. Level of funding. Approved alternative 
5learning
opportunities programs are
entitled to claim general 
6State aid or evidence-based funding, subject to Sections 
713B-50, 13B-50.5, and
13B-50.10 of this
Code. Approved programs 
8operated by regional offices of education are entitled
to 
9receive general
State aid at the foundation level of support. A 
10school district or consortium
must ensure that an
approved 
11program receives supplemental general State aid, 
12transportation
reimbursements, and
special education 
13resources, if appropriate, for students enrolled in the

14program.

15(Source: P.A. 92-42, eff. 1-1-02.)


16 (105 ILCS 5/14-7.02b)

17 Sec. 14-7.02b. Funding for children requiring special 
18education services.
Payments to school districts for children 
19requiring
special education services documented in their 
20individualized education
program regardless of the program 
21from which these services are received,
excluding children 
22claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall

23be made in accordance with this Section. Funds received under 
24this Section
may be used only for the provision of special 
 
 
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1educational facilities and
services as defined in Section 
214-1.08 of this Code.

3 The appropriation for fiscal year 2005 through fiscal year 
42017 and thereafter shall be based upon
the IDEA child count of 
5all students in the State, excluding students
claimed under 
6Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the

7fiscal year 2
years
preceding, multiplied by 17.5% of the 
8general State aid
foundation level of support established for 
9that fiscal year under Section
18-8.05 of
this Code.

10 Beginning with fiscal year 2005 and through fiscal year 
112007, individual school districts
shall not receive payments 
12under this Section totaling less than they received
under the

13funding authorized under Section 14-7.02a of this Code
during 
14fiscal year 2004, pursuant to the provisions of Section 
1514-7.02a as they
were in effect before the effective date of 
16this amendatory Act of the 93rd
General Assembly. This base 
17level funding shall be computed first.

18 Beginning with fiscal year 2008 through fiscal year 2017 
19and each fiscal year thereafter, individual school districts 
20must not receive payments under this Section totaling less than 
21they received in fiscal year 2007. This funding shall be 
22computed last and shall be a separate calculation from any 
23other calculation set forth in this Section. This amount is 
24exempt from the requirements of Section 1D-1 of this Code.

25 Through fiscal year 2017, an An amount equal to 85% of the 
26funds remaining in the appropriation shall be allocated to 
 
 
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1school districts based upon the
district's average daily 
2attendance reported for purposes of Section
18-8.05 of this 
3Code for the preceding school year. Fifteen percent of the

4funds
remaining in the appropriation
shall be allocated to 
5school districts based upon the district's low income
eligible 
6pupil count used in the calculation of general State aid under 
7Section
18-8.05 of this Code for the same fiscal year. One 
8hundred percent of the
funds
computed and allocated to 
9districts under this Section shall be distributed and
paid to 
10school districts.

11 For individual
students with disabilities whose program 
12costs exceed 4 times the
district's per capita tuition rate
as 
13calculated under Section 10-20.12a of this Code, the costs in 
14excess
of 4 times the district's per capita tuition rate shall 
15be paid by the State
Board of Education from unexpended IDEA 
16discretionary funds originally
designated for room and board 
17reimbursement pursuant to Section
14-8.01 of this Code. The 
18amount of tuition for these children shall be
determined by the 
19actual cost of maintaining classes for these children,
using 
20the per
capita cost formula set forth in Section 14-7.01 of 
21this Code, with the
program and cost being pre-approved by the 
22State Superintendent of
Education. Reimbursement for 
23individual students with disabilities whose program costs 
24exceed 4 times the district's per capita tuition rate shall be 
25claimed beginning with costs encumbered for the 2004-2005 
26school year and thereafter.

 
 
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1 The State Board of Education shall prepare vouchers equal 
2to one-fourth the
amount allocated to districts, for 
3transmittal
to the State Comptroller on the 30th day of 
4September, December, and March,
respectively, and the final 
5voucher, no later than June 20. The Comptroller
shall make 
6payments pursuant to this Section to school districts as soon 
7as possible after receipt of vouchers. If the money

8appropriated from the General Assembly for such purposes for 
9any year is
insufficient, it shall be apportioned on the basis 
10of the payments due to
school districts.

11 Nothing in this Section shall be construed to decrease or 
12increase the
percentage of all special education funds that are 
13allocated annually
under Article 1D of this Code
or to alter 
14the requirement that a
school district provide special 
15education services.

16 Nothing in this amendatory Act of the 93rd General Assembly 
17shall
eliminate any reimbursement obligation owed as of the 
18effective date of this
amendatory Act of the 93rd General 
19Assembly to a school district with in excess
of 500,000 
20inhabitants.


21 Except for reimbursement for individual students with 
22disabilities whose program costs exceed 4 times the district's 
23per capita tuition rate, no funding shall be provided to school 
24districts under this Section after fiscal year 2017.
25 In fiscal year 2018 and each fiscal year thereafter, all 
26funding received by a school district from the State pursuant 
 
 
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1to Section 18–8.15 of this Code that is attributable to 
2students requiring special education services must be used for 
3special education services authorized under this Code.
4(Source: P.A. 93-1022, eff. 8-24-08; 95-705, eff. 1-8-08.)




5 (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)


6 Sec. 14-13.01. Reimbursement payable by State; amounts for 
7personnel and transportation. 
8 (a) Through fiscal year 2017, for For staff working on 
9behalf of children who have not been identified as eligible for 
10special
education and for eligible children with physical

11disabilities, including all
eligible children whose placement 
12has been determined under Section 14-8.02 in
hospital or home 
13instruction, 1/2 of the teacher's salary but not more than

14$1,000 annually per child or $9,000 per teacher, whichever is 
15less.
16 (a-5) A child qualifies for home or hospital instruction if 
17it is anticipated that, due to a medical condition, the child 
18will be unable to attend school, and instead must be instructed 
19at home or in the hospital, for a period of 2 or more 
20consecutive weeks or on an ongoing intermittent basis. For 
21purposes of this Section, "ongoing intermittent basis" means 
22that the child's medical condition is of such a nature or 
23severity that it is anticipated that the child will be absent 
24from school due to the medical condition for periods of at 
25least 2 days at a time multiple times during the school year 
 
 
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1totaling at least 10 days or more of absences. There shall be 
2no requirement that a child be absent from school a minimum 
3number of days before the child qualifies for home or hospital 
4instruction. In order to establish eligibility for home or 
5hospital services, a student's parent or guardian must submit 
6to the child's school district of residence a written statement 
7from a physician licensed to practice medicine in all of its 
8branches stating the existence of such medical condition, the 
9impact on the child's ability to participate in education, and 
10the anticipated duration or nature of the child's absence from 
11school. Home or hospital instruction may commence upon receipt 
12of a written physician's statement in accordance with this 
13Section, but instruction shall commence not later than 5 school 
14days after the school district receives the physician's 
15statement. Special education and related services required by 
16the child's IEP or services and accommodations required by the 
17child's federal Section 504 plan must be implemented as part of 
18the child's home or hospital instruction, unless the IEP team 
19or federal Section 504 plan team determines that modifications 
20are necessary during the home or hospital instruction due to 
21the child's condition.
22 (a-10) Through fiscal year 2017, eligible Eligible 
23children
to be included in any reimbursement under this 
24paragraph must regularly
receive a minimum of one hour of 
25instruction each school day, or in lieu
thereof of a minimum of 
265 hours of instruction in each school week in
order to qualify 
 
 
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1for full reimbursement under this Section. If the
attending 
2physician for such a child has certified that the child should

3not receive as many as 5 hours of instruction in a school week, 
4however,
reimbursement under this paragraph on account of that 
5child shall be
computed proportionate to the actual hours of 
6instruction per week for
that child divided by 5.
7 (a-15) The State Board of Education shall establish rules 
8governing the required qualifications of staff providing home 
9or hospital instruction. 

10 (b) For children described in Section 14-1.02, 80% of the 
11cost of
transportation approved as a related service in the 
12Individualized Education Program for each student
in order to 
13take advantage of special educational facilities.

14Transportation costs shall be determined in the same fashion as 
15provided
in Section 29-5 of this Code. For purposes of this 
16subsection (b), the dates for
processing claims specified in 
17Section 29-5 shall apply.

18 (c) Through fiscal year 2017, for For each qualified 
19worker, the annual sum of
$9,000.

20 (d) Through fiscal year 2017, for For one full time 
21qualified director of the special education
program of each 
22school district which maintains a fully approved program
of 
23special education the annual sum of $9,000. Districts 
24participating in a joint agreement special
education program 
25shall not receive such reimbursement if reimbursement is made

26for a director of the joint agreement program.

 
 
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1 (e) (Blank).

2 (f) (Blank).

3 (g) Through fiscal year 2017, for For readers, working with 
4blind or partially seeing children 1/2
of their salary but not 
5more than $400 annually per child. Readers may
be employed to 
6assist such children and shall not be required to be
certified 
7but prior to employment shall meet standards set up by the

8State Board of Education.

9 (h) Through fiscal year 2017, for For non-certified 
10employees, as defined by rules promulgated by the State Board 
11of Education, who deliver services to students with IEPs, 1/2 
12of the salary paid or
$3,500 per employee, whichever is less.

13 (i) The State Board of Education shall set standards and 
14prescribe rules
for determining the allocation of 
15reimbursement under this section on
less than a full time basis 
16and for less than a school year.

17 When any school district eligible for reimbursement under 
18this
Section operates a school or program approved by the State

19Superintendent of Education for a number of days in excess of 
20the
adopted school calendar but not to exceed 235 school days, 
21such
reimbursement shall be increased by 1/180 of the amount or 
22rate paid
hereunder for each day such school is operated in 
23excess of 180 days per
calendar year.

24 Notwithstanding any other provision of law, any school 
25district receiving
a payment under this Section or under 
26Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify 
 
 
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1all or a portion of the funds that it receives
in a particular 
2fiscal year or from evidence-based funding general State aid 
3pursuant to Section 18-8.15
18-8.05 of this Code as
funds 
4received in connection with any funding program for which it is

5entitled to receive funds from the State in that fiscal year 
6(including,
without limitation, any funding program referenced 
7in this Section),
regardless of the source or timing of the 
8receipt. The district may not
classify more funds as funds 
9received in connection with the funding
program than the 
10district is entitled to receive in that fiscal year for that

11program. Any
classification by a district must be made by a 
12resolution of its board of
education. The resolution must 
13identify the amount of any payments or evidence-based funding

14general State aid to be classified under this paragraph and 
15must specify
the funding program to which the funds are to be 
16treated as received in
connection therewith. This resolution is 
17controlling as to the
classification of funds referenced 
18therein. A certified copy of the
resolution must be sent to the 
19State Superintendent of Education.
The resolution shall still 
20take effect even though a copy of the resolution has
not been 
21sent to the State
Superintendent of Education in a timely 
22manner.
No
classification under this paragraph by a district 
23shall affect the total amount
or timing of money the district 
24is entitled to receive under this Code.
No classification under 
25this paragraph by a district shall
in any way relieve the 
26district from or affect any
requirements that otherwise would 
 
 
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1apply with respect to
that funding program, including any

2accounting of funds by source, reporting expenditures by

3original source and purpose,
reporting requirements,
or 
4requirements of providing services.

5 No funding shall be provided to school districts under this 
6Section after fiscal year 2017. In fiscal year 2018 and each 
7fiscal year thereafter, all funding received by a school 
8district from the State pursuant to Section 18-8.15 of this 
9Code that is attributable to personnel reimbursements for 
10special education pupils must be used for special education 
11services authorized under this Code. 
12(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)


13 (105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1)
14 Sec. 14C-1. The General Assembly finds that there are large 
15numbers of children in
this State who come from environments 
16where the primary language is other
than English. Experience 
17has shown that public school classes in which
instruction is 
18given only in English are often inadequate for the education
of 
19children whose native tongue is another language. The General 
20Assembly
believes that a program of transitional bilingual 
21education can meet the
needs of these children and facilitate 
22their integration into the regular
public school curriculum. 
23Therefore, pursuant to the policy of this State
to ensure equal 
24educational opportunity to every child, and in recognition
of 
25the educational needs of English learners, it is the purpose of 
 
 
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1this Act to provide for the establishment of
transitional 
2bilingual education programs in the public schools, to
provide 
3supplemental financial assistance through fiscal year 2017 to 
4help local school districts
meet the extra costs of such 
5programs, and to allow this State through the State Board of 
6Education to directly or indirectly provide technical 
7assistance and professional development to support 
8transitional bilingual education or a transitional program of 
9instruction programs statewide through contractual services by 
10a not-for-profit entity for technical assistance, professional 
11development, and other support to school districts and 
12educators for services for English learner pupils. In no case 
13may aggregate funding for contractual services by a 
14not-for-profit entity for support to school districts and 
15educators for services for English learner pupils be less than 
16the aggregate amount expended for such purposes in Fiscal Year 
172017. Not-for-profit entities providing support to school 
18districts and educators for services for English learner pupils 
19must have experience providing those services in a school 
20district having a population exceeding 500,000; one or more 
21school districts in any of the counties of Lake, McHenry, 
22DuPage, Kane, and Will; and one or more school districts 
23elsewhere in this State. Funding for not-for-profit entities 
24providing support to school districts and educators for 
25services for English learner pupils may be increased subject to 
26an agreement with the State Board of Education. Funding for 
 
 
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1not-for-profit entities providing support to school districts 
2and educators for services for English learner pupils shall 
3come from funds allocated pursuant to Section 18-8.15 of this 
4Code.
5(Source: P.A. 99-30, eff. 7-10-15.)




6 (105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)



7 Sec. 14C-12. Account of expenditures; Cost report; 
8Reimbursement. 
Each
school district with at least one English 
9learner shall keep an accurate, detailed and separate account 
10of
all monies paid out by it for the programs in transitional 
11bilingual education
required or permitted by this Article, 
12including transportation costs, and
shall annually report 
13thereon for the school year ending June 30 indicating
the 
14average per pupil expenditure. Through fiscal year 2017, each 
15Each school district shall be reimbursed
for the amount by 
16which such costs exceed the average per pupil expenditure
by 
17such school district for the education of children of 
18comparable age
who are not in any special education program. No 
19funding shall be provided to school districts under this 
20Section after fiscal year 2017. In fiscal year 2018 and each 
21fiscal year thereafter, all funding received by a school 
22district from the State pursuant to Section 18-8.15 of this 
23Code that is attributable to instructions, supports, and 
24interventions for English learner pupils must be used for 
25programs and services authorized under this Article. At least 
 
 
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160% of transitional bilingual education funding received from 
2the State must be used for the instructional costs of programs 
3and services authorized under this Article transitional 
4bilingual education. 

5 Applications for preapproval for reimbursement for costs 
6of transitional
bilingual education programs must be submitted 
7to the State Superintendent of
Education at least 60 days 
8before a transitional bilingual education program
is started, 
9unless a justifiable exception is granted by the State

10Superintendent of Education.
Applications shall set forth a 
11plan for transitional
bilingual education established and 
12maintained in accordance with this Article.

13 Through fiscal year 2017, reimbursement Reimbursement 
14claims for transitional bilingual education programs shall
be 
15made as follows:

16 Each school district shall claim reimbursement on a current 
17basis for the
first 3 quarters of the fiscal year and file a 
18final adjusted
claim
for the school year ended June 30 
19preceding computed in accordance with rules
prescribed by the 
20State Superintendent's Office.
The State Superintendent
of

21Education before approving any such claims shall
determine 
22their accuracy and whether
they are based upon services and 
23facilities provided under approved programs.
Upon approval he 
24shall transmit to the Comptroller
the
vouchers showing the 
25amounts due for
school
district reimbursement claims. Upon 
26receipt of the
final adjusted
claims the State Superintendent 
 
 
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1of Education shall make a final
determination of the
accuracy 
2of such claims. If the money appropriated by the General 
3Assembly
for such purpose for any year is insufficient, it 
4shall be apportioned on
the basis of the claims approved.

5 Failure on the part of the school district to prepare and 
6certify the final
adjusted claims due under this Section may 
7constitute a forfeiture
by the school district of its right to 
8be reimbursed by the State under this
Section.

9(Source: P.A. 96-1170, eff. 1-1-11.)





10 (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)


11 Sec. 17-1. Annual Budget. The board of education of each 
12school
district under 500,000 inhabitants shall, within or 
13before the first
quarter of each fiscal year, adopt and file 
14with the State Board of Education an annual balanced budget 
15which it deems
necessary to defray all necessary expenses and 
16liabilities of the
district, and in such annual budget shall 
17specify the objects and
purposes of each item and amount needed 
18for each object or purpose.

19 The budget shall be entered upon a School District Budget 
20form prepared
and provided by the State Board of Education and 
21therein shall contain
a statement of the cash on hand at the

22beginning of the fiscal year, an estimate of the cash expected 
23to be
received during such fiscal year from all sources, an 
24estimate of the
expenditures contemplated for such fiscal year, 
25and a statement of the
estimated cash expected to be on hand at 
 
 
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1the end of such year. The
estimate of taxes to be received may 
2be based upon the amount of actual
cash receipts that may 
3reasonably be expected by the district during
such fiscal year, 
4estimated from the experience of the district in prior
years 
5and with due regard for other circumstances that may 
6substantially
affect such receipts. Nothing in this Section 
7shall be construed as
requiring any district to change or 
8preventing any district from
changing from a cash basis of 
9financing to a surplus or deficit basis of
financing; or as 
10requiring any district to change or preventing any
district 
11from changing its system of accounting. The budget shall 
12conform to the requirements adopted by the State Board of 
13Education pursuant to Section 2-3.28 of this Code. 

14 To the extent that a school district's budget is not 
15balanced, the district shall also adopt and file with the State 
16Board of Education a deficit reduction plan to balance the 
17district's budget within 3 years. The deficit reduction plan 
18must be filed at the same time as the budget, but the State 
19Superintendent of Education may extend this deadline if the 
20situation warrants.

21 If, as the result of an audit performed in compliance with 
22Section 3-7 of this Code, the resulting Annual Financial Report 
23required to be submitted pursuant to Section 3-15.1 of this 
24Code reflects a deficit as defined for purposes of the 
25preceding paragraph, then the district shall, within 30 days 
26after acceptance of such audit report, submit a deficit 
 
 
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1reduction plan. 
2 The board of education of each district shall fix a fiscal 
3year
therefor. If the beginning of the fiscal year of a 
4district is
subsequent to the time that the tax levy due to be 
5made in such
fiscal year shall be
made, then such annual budget 
6shall be adopted prior to the time such
tax levy shall be made.

7The failure by a board of education of any district to adopt an 
8annual
budget, or to comply in any respect with the provisions 
9of this Section, shall
not affect the validity of any tax levy 
10of the district otherwise in
conformity with the law. With 
11respect to taxes levied either before, on, or
after the 
12effective date of this amendatory Act of the 91st General 
13Assembly,
(i) a tax levy is made
for the fiscal year in which 
14the levy is due to be made regardless of which
fiscal year the 
15proceeds of the levy are expended or are intended to be

16expended, and (ii) except as otherwise provided by law, a board 
17of education's
adoption of
an annual budget in conformity with 
18this Section is not a prerequisite to the
adoption of a valid 
19tax levy and is not a limit on the amount of the levy.

20 Such budget shall be prepared in tentative form by some 
21person or
persons designated by the board, and in such 
22tentative form shall be
made conveniently available to public 
23inspection for at least 30 days
prior to final action thereon. 
24At least 1 public hearing shall be held
as to such budget prior 
25to final action thereon. Notice of availability
for public 
26inspection and of such public hearing shall be given by

 
 
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1publication in a newspaper published in such district, at least 
230 days
prior to the time of such hearing. If there is no 
3newspaper published
in such district, notice of such public 
4hearing shall be given by
posting notices thereof in 5 of the 
5most public places in such district.
It shall be the duty of 
6the secretary of such board to make such
tentative budget 
7available to public inspection, and to arrange for such
public 
8hearing. The board may from time to time make transfers between

9the various items in any fund not exceeding in the aggregate 
1010% of the
total of such fund as set forth in the budget. The 
11board may from time
to time amend such budget by the same 
12procedure as is herein provided
for its original adoption.

13 Beginning July 1, 1976, the board of education, or regional

14superintendent, or governing board responsible for the 
15administration of
a joint agreement shall, by September 1 of 
16each
fiscal year thereafter, adopt an annual budget for the 
17joint agreement
in the same manner and subject to the same 
18requirements as are provided
in this Section.

19 The State Board of Education shall exercise powers and 
20duties
relating to budgets as provided in Section 2-3.27 of 
21this Code and shall require school districts to submit their 
22annual budgets, deficit reduction plans, and other financial 
23information, including revenue and expenditure reports and 
24borrowing and interfund transfer plans, in such form and within 
25the timelines designated by the State Board of Education.

26 By fiscal year 1982 all school districts shall use the 
 
 
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1Program Budget
Accounting System.

2 In the case of a school district receiving emergency State 
3financial
assistance under Article 1B, the school board shall 
4also be subject to the
requirements
established under Article 
51B with respect to the annual budget.

6(Source: P.A. 97-429, eff. 8-16-11.)





7 (105 ILCS 5/17-1.2)



8 Sec. 17-1.2. Post annual budget on web site. If a school 
9district
has an Internet web site, the school district shall 
10post its current annual
budget,
itemized by receipts and 
11expenditures, on the district's Internet web site. The budget 
12shall include information conforming to the rules adopted by 
13the State Board of Education pursuant to Section 2-3.28 of this 
14Code.
The school district shall notify the parents or guardians 
15of its students
that the budget has been posted on the 
16district's web site and what
the web site's address is.

17(Source: P.A. 92-438, eff. 1-1-02.)





18 (105 ILCS 5/17-1.5)



19 Sec. 17-1.5. Limitation of administrative costs. 


20 (a) It is the purpose of this Section to establish 
21limitations on the growth
of administrative expenditures in 
22order to maximize the proportion of school
district resources 
23available for the instructional program, building
maintenance, 
24and safety services for the students of each district.

 
 
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1 (b) Definitions. For the purposes of this Section:

2 "Administrative expenditures" mean the annual expenditures 
3of
school districts properly attributable to expenditure 
4functions defined by the
rules of the State Board of Education 
5as: 2320 (Executive Administration Services);
2330 (Special 
6Area Administration Services); 2490 (Other Support Services -

7School Administration); 2510 (Direction of Business Support 
8Services); 2570
(Internal Services); and 2610 (Direction of 
9Central
Support Services); provided, however, that 
10"administrative expenditures" shall
not include early 
11retirement or other pension system obligations required by

12State law.

13 "School district" means all school districts having a 
14population of less than
500,000.

15 (c) For the 1998-99 school year and each school year 
16thereafter, each school
district shall undertake budgetary and 
17expenditure control actions so that the
increase in 
18administrative expenditures for that school year over the prior

19school year does not exceed 5%.
School districts with 
20administrative expenditures per pupil
in the 25th
percentile 
21and below for all districts of the same type,
as defined by the 
22State Board of Education,
may waive the limitation imposed 
23under this Section for any year following a
public hearing and 
24with the
affirmative vote of at least two-thirds of the members 
25of the school board of
the
district. Any district waiving the 
26limitation shall notify the State Board
within 45 days of such 
 
 
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1action.

2 (d) School districts shall file with the State Board of 
3Education by
November 15, 1998 and
by each November 15th 
4thereafter a one-page report that lists
(i) the actual

5administrative expenditures for
the
prior year from the 
6district's audited Annual Financial Report, and (ii) the

7projected administrative expenditures for the current year 
8from the budget adopted by the school board
pursuant to Section 
917-1 of this Code.

10 If a school district that is ineligible to waive the 
11limitation imposed by
subsection (c) of this Section by board 
12action exceeds the limitation
solely because of circumstances 
13beyond
the control of the district and the district has 
14exhausted all available and
reasonable remedies to comply with 
15the limitation, the district may request a
waiver pursuant to 
16Section 2-3.25g. The waiver application shall specify the

17amount,
nature, and reason for the relief requested, as well as 
18all remedies the
district has exhausted to comply with the 
19limitation.
Any emergency relief so requested shall apply only 
20to the specific
school year for which the request is made. The 
21State Board of Education shall
analyze all such waivers 
22submitted and shall recommend that the General
Assembly 
23disapprove any such waiver requested that is not due solely to

24circumstances beyond the control of the district and for which 
25the district has
not exhausted all available and reasonable 
26remedies to comply with the
limitation. The State 
 
 
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1Superintendent shall have
no authority to impose any sanctions 
2pursuant to this Section for any
expenditures for which a 
3waiver has been requested until such waiver has been
reviewed 
4by the General Assembly.

5 If the report and information required
under this

6subsection (d) are not provided by the school district in a 
7timely
manner, or are subsequently determined by
the State 
8Superintendent of Education
to be incomplete or inaccurate, the 
9State Superintendent shall notify the
district in writing of 
10reporting deficiencies. The school district shall,
within 60 
11days of the notice, address the reporting deficiencies 
12identified. 

13 (e) If the State Superintendent determines that a school 
14district has failed
to comply with the administrative 
15expenditure limitation imposed in subsection
(c) of this 
16Section,
the
State Superintendent shall notify the district of 
17the violation and direct the
district to undertake corrective 
18action to bring the district's budget into
compliance with the 
19administrative expenditure limitation. The district shall,

20within 60 days of the notice, provide adequate assurance to the 
21State
Superintendent that appropriate corrective actions have 
22been or will be taken.
If the district fails to provide 
23adequate assurance or fails to undertake the
necessary 
24corrective actions, the State Superintendent may impose 
25progressive
sanctions against the district that may culminate 
26in withholding
all
subsequent payments of general State aid due 
 
 
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1the district under Section
18-8.05 of
this Code or 
2evidence-based funding due the district under Section 18-8.15 
3of this Code
until the assurance is provided or the corrective 
4actions taken.

5 (f) The State Superintendent shall publish a list each year 
6of the school
districts that violate the limitation imposed by 
7subsection (c) of this
Section and a list of the districts that 
8waive the limitation by board
action as provided in subsection 
9(c) of this Section. 

10(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)


11 (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
12 Sec. 17-2.11. School board power to levy a tax or to borrow 
13money and
issue bonds for fire prevention, safety, energy 
14conservation,
accessibility, school security, and specified 
15repair purposes.
16 (a) Whenever, as a
result of any lawful order of any 
17agency,
other than a school board, having authority to enforce 
18any school building code
applicable to any facility that houses 
19students, or any law or regulation for
the protection and 
20safety of the environment, pursuant to the Environmental

21Protection Act, any school district having a population of less 
22than 500,000
inhabitants is required to alter or reconstruct 
23any school building or
permanent, fixed equipment; the district 
24may, by proper resolution, levy a tax for the purpose of making 
25such alteration or reconstruction, based on a survey report by 
 
 
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1an architect or engineer licensed in this State, upon all of 
2the taxable property of the district at the value as assessed 
3by the Department of Revenue and at a rate not to exceed 0.05% 
4per year for a period sufficient to finance such alteration or 
5reconstruction, upon the following conditions:
6  (1) When there are not sufficient funds available in 
7 the operations and maintenance fund of the school district, 
8 the school facility occupation tax fund of the district, or 
9 the fire prevention and safety fund of the district, as 
10 determined by the district on the basis of rules adopted by 
11 the State Board of Education, to make such alteration or 
12 reconstruction or to purchase and install such permanent, 
13 fixed equipment so ordered or determined as necessary. 
14 Appropriate school district records must be made available 
15 to the State Superintendent of Education, upon request, to 
16 confirm this insufficiency.
17  (2) When a certified estimate of an architect or 
18 engineer licensed in this State stating the estimated 
19 amount necessary to make the alteration or reconstruction 
20 or to purchase and install the equipment so ordered has 
21 been secured by the school district, and the estimate has 
22 been approved by the regional superintendent of schools 
23 having jurisdiction over the district and the State 
24 Superintendent of Education. Approval must not be granted 
25 for any work that has already started without the prior 
26 express authorization of the State Superintendent of 
 
 
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1 Education. If the estimate is not approved or is denied 
2 approval by the regional superintendent of schools within 3 
3 months after the date on which it is submitted to him or 
4 her, the school board of the district may submit the 
5 estimate directly to the State Superintendent of Education 
6 for approval or denial.
7 In the case of an emergency situation, where the estimated 
8cost to effectuate emergency repairs is less than the amount 
9specified in Section 10-20.21 of this Code, the school district 
10may proceed with such repairs prior to approval by the State 
11Superintendent of Education, but shall comply with the 
12provisions of subdivision (2) of this subsection (a) as soon 
13thereafter as may be as well as Section 10-20.21 of this Code. 
14If the estimated cost to effectuate emergency repairs is 
15greater than the amount specified in Section 10-20.21 of this 
16Code, then the school district shall proceed in conformity with 
17Section 10-20.21 of this Code and with rules established by the 
18State Board of Education to address such situations. The rules 
19adopted by the State Board of Education to deal with these 
20situations shall stipulate that emergency situations must be 
21expedited and given priority consideration. For purposes of 
22this paragraph, an emergency is a situation that presents an 
23imminent and continuing threat to the health and safety of 
24students or other occupants of a facility, requires complete or 
25partial evacuation of a building or part of a building, or 
26consumes one or more of the 5 emergency days built into the 
 
 
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1adopted calendar of the school or schools or would otherwise be 
2expected to cause such school or schools to fall short of the 
3minimum school calendar requirements. 
4 (b) Whenever any such district determines that
it is 
5necessary for energy conservation purposes that any school 
6building
or permanent, fixed equipment should be altered or 
7reconstructed and
that such alterations or reconstruction will 
8be made with funds not necessary
for the completion of approved 
9and recommended projects contained in any safety
survey report 
10or amendments thereto authorized by Section 2-3.12 of this Act; 
11the district may levy a tax or issue bonds as provided in 
12subsection (a) of this Section.
13 (c) Whenever
any such district determines that it is 
14necessary for accessibility purposes and to comply with the 
15school building
code that any
school building or equipment 
16should be altered or reconstructed and that such
alterations or 
17reconstruction will be made with
funds not necessary for the 
18completion of approved and recommended projects
contained in 
19any safety survey report or amendments thereto authorized under

20Section 2-3.12 of this Act, the district may levy a tax or 
21issue bonds as provided in subsection (a) of this Section.
22 (d) Whenever any such district determines that it is

23necessary for school
security purposes and the related 
24protection and safety of pupils and school
personnel that any 
25school building or property should be altered or
reconstructed 
26or that security systems and equipment (including but not 
 
 
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1limited
to intercom, early detection and warning, access 
2control and television
monitoring systems) should be purchased 
3and installed, and that such
alterations, reconstruction or 
4purchase and installation of equipment will be
made with funds 
5not necessary for the completion of approved and recommended

6projects contained in any safety survey report or amendment 
7thereto authorized
by Section 2-3.12 of this Act and will deter 
8and prevent unauthorized entry or
activities upon school 
9property by unknown or dangerous persons, assure early

10detection and advance warning of any such actual or attempted 
11unauthorized
entry or activities and help assure the continued 
12safety of pupils and school
staff if any such unauthorized 
13entry or activity is attempted or occurs;
the district may levy 
14a tax or issue bonds as provided in subsection (a) of this 
15Section.
16 (e) If a school district does not need funds for other fire 
17prevention and
safety projects, including the completion of 
18approved and recommended projects
contained in any safety 
19survey report or amendments thereto authorized by
Section 
202-3.12 of this Act, and it is determined after a public hearing 
21(which
is preceded by at least one published notice (i) 
22occurring at least 7 days
prior to the hearing in a newspaper 
23of general circulation within the school
district and (ii) 
24setting forth the time, date, place, and general subject
matter 
25of the hearing) that there is a
substantial, immediate, and 
26otherwise unavoidable threat to the health, safety,
or welfare 
 
 
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1of pupils due to disrepair of school sidewalks, playgrounds, 
2parking
lots, or school bus turnarounds and repairs must be 
3made; then the district may levy a tax or issue bonds as 
4provided in subsection (a) of this Section.
5 (f) For purposes of this Section a school district may 
6replace a school
building or build additions to replace 
7portions of a building when it is
determined that the 
8effectuation of the recommendations for the existing
building 
9will cost more than the replacement costs. Such determination 
10shall
be based on a comparison of estimated costs made by an 
11architect or engineer
licensed in the State of Illinois. The 
12new building or addition shall be
equivalent in area (square 
13feet) and comparable in purpose and grades served
and may be on 
14the same site or another site. Such replacement may only be 
15done
upon order of the regional superintendent of schools and 
16the approval of the
State Superintendent of Education.
17 (g) The filing of a certified copy of the resolution 
18levying the tax when
accompanied by the certificates of the 
19regional superintendent of schools and
State Superintendent of 
20Education shall be the authority of the county clerk to
extend 
21such tax.
22 (h) The county clerk of the county in which any school 
23district levying a
tax under the authority of this Section is 
24located, in reducing raised
levies, shall not consider any such 
25tax as a part of the general levy
for school purposes and shall 
26not include the same in the limitation of
any other tax rate 
 
 
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1which may be extended.
2 Such tax shall be levied and collected in like manner as 
3all other
taxes of school districts, subject to the provisions 
4contained in this Section.
5 (i) The tax rate limit specified in this Section may be 
6increased to .10%
upon the approval of a proposition to effect 
7such increase by a majority
of the electors voting on that 
8proposition at a regular scheduled election.
Such proposition 
9may be initiated by resolution of the school board and
shall be 
10certified by the secretary to the proper election authorities 
11for
submission in accordance with the general election law.
12 (j) When taxes are levied by any school district for fire 
13prevention,
safety, energy conservation, and school security 
14purposes as specified in this
Section, and the purposes for 
15which the taxes have been
levied are accomplished and paid in 
16full, and there remain funds on hand in
the Fire Prevention and 
17Safety Fund from the proceeds of the taxes levied,
including 
18interest earnings thereon, the school board by resolution shall 
19use
such excess and other board restricted funds, excluding 
20bond proceeds and
earnings from such proceeds, as follows:
21  (1) for other authorized fire prevention,
safety, 
22 energy conservation, required safety inspections, school 
23 security purposes, sampling for lead in drinking water in 
24 schools, and for repair and mitigation due to lead levels 
25 in the drinking water supply;
or
26  (2) for transfer to the Operations and Maintenance Fund

 
 
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1 for the purpose of abating an equal amount of operations 
2 and maintenance
purposes taxes.
3Notwithstanding subdivision (2) of this subsection (j) and 
4subsection (k) of this Section, through June 30, 2020 2019, the 
5school board
may, by proper resolution following a public 
6hearing set by the
school board or the president of the school 
7board (that is
preceded (i) by at least one published notice 
8over the name of
the clerk or secretary of the board, occurring 
9at least 7 days
and not more than 30 days prior to the hearing, 
10in a newspaper
of general circulation within the school 
11district and (ii) by
posted notice over the name of the clerk 
12or secretary of the
board, at least 48 hours before the 
13hearing, at the principal
office of the school board or at the 
14building where the hearing
is to be held if a principal office 
15does not exist, with both
notices setting forth the time, date, 
16place, and subject matter
of the hearing), transfer surplus 
17life safety taxes and interest earnings thereon to the 
18Operations and Maintenance Fund for building repair work. 
19 (k) If any transfer is made to the Operation and 
20Maintenance
Fund, the secretary of the school board shall 
21within 30 days notify
the county clerk of the amount of that 
22transfer and direct the clerk to
abate the taxes to be extended 
23for the purposes of operations and
maintenance authorized under 
24Section 17-2 of this Act by an amount equal
to such transfer.
25 (l) If the proceeds from the tax levy authorized by this

26Section are insufficient to complete the work approved under 
 
 
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1this
Section, the school board is authorized to sell bonds 
2without referendum
under the provisions of this Section in an 
3amount that, when added to the
proceeds of the tax levy 
4authorized by this Section, will allow completion
of the 
5approved work.
6 (m) Any bonds issued pursuant to this Section shall bear 
7interest at a rate not to exceed the maximum rate
authorized by 
8law at the time of the making of the contract, shall mature

9within 20 years from date, and shall be signed by the president 
10of the school
board and the treasurer of the school district.
11 (n) In order to authorize and issue such bonds, the school 
12board shall adopt
a resolution fixing the amount of bonds, the 
13date thereof, the maturities
thereof, rates of interest 
14thereof, place of payment and denomination,
which shall be in 
15denominations of not less than $100 and not more than
$5,000, 
16and provide for the levy and collection of a direct annual tax 
17upon
all the taxable property in the school district sufficient 
18to pay the
principal and interest on such bonds to maturity. 
19Upon the filing in the
office of the county clerk of the county 
20in which the school district is
located of a certified copy of 
21the resolution, it is the duty of the
county clerk to extend 
22the tax therefor in addition to and in excess of all
other 
23taxes heretofore or hereafter authorized to be
levied by such 
24school district.
25 (o) After the time such bonds are issued as provided for by 
26this Section, if
additional alterations or reconstructions are 
 
 
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1required to be made because
of surveys conducted by an 
2architect or engineer licensed in the State of
Illinois, the 
3district may levy a tax at a rate not to exceed .05% per year

4upon all the taxable property of the district or issue 
5additional bonds,
whichever action shall be the most feasible.
6 (p) This Section is cumulative and constitutes complete 
7authority for the
issuance of bonds as provided in this Section 
8notwithstanding any other
statute or law to the contrary.
9 (q) With respect to instruments for the payment of money 
10issued under this
Section either before, on, or after the 
11effective date of Public Act 86-004
(June 6, 1989), it is, and 
12always has been, the intention of the General
Assembly (i) that 
13the Omnibus Bond Acts are, and always have been,
supplementary 
14grants of power to issue instruments in accordance with the

15Omnibus Bond Acts, regardless of any provision of this Act that 
16may appear
to be or to have been more restrictive than those 
17Acts, (ii) that the
provisions of this Section are not a 
18limitation on the supplementary
authority granted by the 
19Omnibus Bond Acts, and (iii) that instruments
issued under this 
20Section within the supplementary authority granted by the

21Omnibus Bond Acts are not invalid because of any provision of 
22this Act that
may appear to be or to have been more restrictive 
23than those Acts.
24 (r) When the purposes for which the bonds are issued have 
25been accomplished
and paid for in full and there remain funds 
26on hand from the proceeds of
the bond sale and interest 
 
 
10000SB1947ham005- 341 -LRB100 09675 JWD 28950 a


1earnings therefrom, the board shall, by
resolution, use such 
2excess funds in accordance with the provisions of
Section 
310-22.14 of this Act.
4 (s) Whenever any tax is levied or bonds issued for fire 
5prevention, safety,
energy conservation, and school security 
6purposes, such proceeds shall be
deposited and accounted for 
7separately within the Fire Prevention and Safety
Fund.
8(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14; 
999-143, eff. 7-27-15; 99-713, eff. 8-5-16; 99-922, eff. 
101-17-17.)



11 (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)



12 Sec. 17-2A. Interfund transfers. 
13 (a) The school board of any district having a population of 
14less than
500,000 inhabitants may, by proper resolution 
15following a public hearing
set by the school board or the 
16president of the school board
(that is preceded (i) by at least 
17one published notice over the name of
the clerk
or secretary of 
18the board, occurring at least 7 days and not more than 30
days

19prior to the hearing, in a newspaper of general circulation 
20within the
school
district and (ii) by posted notice over the 
21name of the clerk or secretary of
the board, at least 48 hours 
22before the hearing, at the principal office of the
school board 
23or at the building where the hearing is to be held if a 
24principal
office does not exist, with both notices setting 
25forth the time, date, place,
and subject matter of the

 
 
10000SB1947ham005- 342 -LRB100 09675 JWD 28950 a


1hearing), transfer money from (1) the Educational Fund to the 
2Operations
and
Maintenance Fund or the Transportation Fund, (2) 
3the Operations and
Maintenance Fund to the Educational Fund or 
4the Transportation Fund, (3) the
Transportation Fund to the 
5Educational Fund or the Operations and Maintenance
Fund, or (4) 
6the Tort Immunity Fund to the Operations and Maintenance Fund 
7of said
district,
provided that, except during the period from 
8July 1, 2003 through June 30, 2020 2019, such transfer is made 
9solely for the purpose of meeting one-time,
non-recurring 
10expenses. Except during the period from July 1, 2003 through

11June 30, 2020 2019 and except as otherwise provided in 
12subsection (b) of this Section, any other permanent interfund 
13transfers authorized
by any provision or judicial 
14interpretation of this Code for which the
transferee fund is 
15not precisely and specifically set forth in the provision of

16this Code authorizing such transfer shall be made to the fund 
17of the school
district most in need of the funds being 
18transferred, as determined by
resolution of the school board.
19 (b) (Blank).

20 (c) Notwithstanding subsection (a) of this Section or any 
21other provision of this Code to the contrary, the school board 
22of any school district (i) that is subject to the Property Tax 
23Extension Limitation Law, (ii) that is an elementary district 
24servicing students in grades K through 8, (iii) whose territory 
25is in one county, (iv) that is eligible for Section 7002 
26Federal Impact Aid, and (v) that has no more than $81,000 in 
 
 
10000SB1947ham005- 343 -LRB100 09675 JWD 28950 a


1funds remaining from refinancing bonds that were refinanced a 
2minimum of 5 years prior to January 20, 2017 (the effective 
3date of Public Act 99-926) this amendatory Act of the 99th 
4General Assembly may make a one-time transfer of the funds 
5remaining from the refinancing bonds to the Operations and 
6Maintenance Fund of the district by proper resolution following 
7a public hearing set by the school board or the president of 
8the school board, with notice as provided in subsection (a) of 
9this Section, so long as the district meets the qualifications 
10set forth in this subsection (c) on January 20, 2017 (the 
11effective date of Public Act 99-926) this amendatory Act of the 
1299th General Assembly. 
13(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713, 
14eff. 8-5-16; 99-922, eff. 1-17-17; 99-926, eff. 1-20-17; 
15revised 1-23-17.)


16 (105 ILCS 5/17-3.6 new)
17 Sec. 17-3.6. Educational purposes tax rate for school 
18districts subject to Property Tax Extension Limitation Law. 
19Notwithstanding the provisions, requirements, or limitations 
20of this Code or any other law, any tax levied for educational 
21purposes by a school district subject to the Property Tax 
22Extension Limitation Law for the 2016 levy year or any 
23subsequent levy year may be extended at a rate exceeding the 
24rate established for educational purposes by referendum or this 
25Code, provided that the rate does not cause the school district 
 
 
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1to exceed the limiting rate applicable to the school district 
2under the Property Tax Extension Limitation Law for that levy 
3year.




4 (105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)


5 Sec. 18-4.3. Summer school grants. Through fiscal year 
62017, grants Grants shall be determined for
pupil attendance in 
7summer schools conducted under Sections 10-22.33A
and 34-18 and 
8approved under Section 2-3.25 in the following manner.

9 The amount of grant for each accredited summer school 
10attendance pupil shall
be obtained by dividing the total amount 
11of apportionments determined under Section 18-8.05 by the

12actual
number of pupils in average daily attendance used for 
13such
apportionments. The number of credited summer school 
14attendance pupils
shall be determined (a) by counting clock 
15hours of class instruction by
pupils enrolled in grades 1 
16through 12 in approved courses conducted at
least 60 clock 
17hours in summer sessions; (b) by dividing such total of
clock 
18hours of class instruction by 4 to produce days of credited 
19pupil
attendance; (c) by dividing such days of credited pupil 
20attendance by
the actual number of days in the regular term as 
21used in computation in
the general apportionment in Section 
2218-8.05; and (d) by
multiplying by
1.25.

23 The amount of the grant for a summer school program 
24approved by the
State Superintendent of Education for children 
25with
disabilities, as defined
in Sections 14-1.02 through 
 
 
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114-1.07, shall be determined in the manner
contained above 
2except that average daily membership shall be utilized
in lieu 
3of average daily attendance.

4 In the case of an apportionment based on summer school 
5attendance or
membership pupils, the claim therefor shall be 
6presented as a separate
claim for the particular school year in 
7which such summer school
session ends. On or before November 1 
8of each year the
superintendent of each eligible school 
9district shall certify to
the State Superintendent of Education 
10the claim
of the district for the summer
session just ended. 
11Failure on the part of the school board to so
certify shall 
12constitute a forfeiture of its right to such payment. The State 
13Superintendent of Education shall transmit to the
Comptroller 
14no later than December 15th of each year
vouchers for payment 
15of amounts due school districts for
summer school. The State 
16Superintendent of Education shall direct the
Comptroller to 
17draw his warrants for payments thereof by the 30th
day of 
18December. If the money appropriated by the
General Assembly for 
19such purpose for any year is insufficient, it shall
be 
20apportioned on the basis of claims approved.

21 However, notwithstanding the foregoing provisions, for 
22each fiscal year the
money appropriated by the General
Assembly 
23for the purposes of this Section shall only be used for grants

24for approved summer school programs for those children with

25disabilities served pursuant to Section 14-7.02 or 14-7.02b of 
26this
Code. 
 
 
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1 No funding shall be provided to school districts under this 
2Section after fiscal year 2017. In fiscal year 2018 and each 
3fiscal year thereafter, all funding received by a school 
4district from the State pursuant to Section 18–8.15 of this 
5Code that is attributable to summer school for special 
6education pupils must be used for special education services 
7authorized under this Code. 

8(Source: P.A. 93-1022, eff. 8-24-04.)




9 (105 ILCS 5/18-8.05)


10 Sec. 18-8.05. Basis for apportionment of general State 
11financial aid and
supplemental general State aid to the common 
12schools for the 1998-1999 through the 2016-2017 and
subsequent 
13school years.


14(A) General Provisions.
15 (1) The provisions of this Section relating to the 
16calculation and apportionment of general State financial aid 
17and supplemental general State aid apply to the 1998-1999 
18through the 2016-2017 and subsequent
school years. The system 
19of general State financial aid provided for in this
Section
is 
20designed to assure that, through a combination of State 
21financial aid and
required local resources, the financial 
22support provided each pupil in Average
Daily Attendance equals 
23or exceeds a
prescribed per pupil Foundation Level. This 
24formula approach imputes a level
of per pupil Available Local 
 
 
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1Resources and provides for the basis to calculate
a per pupil 
2level of general State financial aid that, when added to 
3Available
Local Resources, equals or exceeds the Foundation 
4Level. The
amount of per pupil general State financial aid for 
5school districts, in
general, varies in inverse
relation to 
6Available Local Resources. Per pupil amounts are based upon

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

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

15 amending and repealing certain Acts and parts of Acts in 
16 connection therewith",
certified August 14, 1979, as 
17 amended (Public Act 81-1st S.S.-1).
18  (d) "Foundation Level": A prescribed level of per pupil 
19 financial support
as provided for in subsection (B).
20  (e) "Operating Tax Rate": All school district property 
21 taxes extended for
all purposes, except Bond and
Interest, 
22 Summer School, Rent, Capital Improvement, and Vocational 
23 Education
Building purposes.


24(B) Foundation Level.
25 (1) The Foundation Level is a figure established by the 
 
 
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1State representing
the minimum level of per pupil financial 
2support that should be available to
provide for the basic 
3education of each pupil in
Average Daily Attendance. As set 
4forth in this Section, each school district
is assumed to exert

5a sufficient local taxing effort such that, in combination with 
6the aggregate
of general State
financial aid provided the 
7district, an aggregate of State and local resources
are 
8available to meet
the basic education needs of pupils in the 
9district.
10 (2) For the 1998-1999 school year, the Foundation Level of 
11support is
$4,225. For the 1999-2000 school year, the 
12Foundation Level of support is
$4,325. For the 2000-2001 school 
13year, the Foundation Level of support is
$4,425. For the 
142001-2002 school year and 2002-2003 school year, the
Foundation 
15Level of support is $4,560. For the 2003-2004 school year, the 
16Foundation Level of support is $4,810. For the 2004-2005 school 
17year, the Foundation Level of support is $4,964.
For the 
182005-2006 school year,
the Foundation Level of support is 
19$5,164. For the 2006-2007 school year, the Foundation Level of 
20support is $5,334. For the 2007-2008 school year, the 
21Foundation Level of support is $5,734. For the 2008-2009 school 
22year, the Foundation Level of support is $5,959.
23 (3) For the 2009-2010 school year and each school year 
24thereafter,
the Foundation Level of support is $6,119 or such 
25greater amount as
may be established by law by the General 
26Assembly.


 
 
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1(C) Average Daily Attendance.
2 (1) For purposes of calculating general State aid pursuant 
3to subsection
(E), an Average Daily Attendance figure shall be 
4utilized. The Average Daily
Attendance figure for formula

5calculation purposes shall be the monthly average of the actual 
6number of
pupils in attendance of
each school district, as 
7further averaged for the best 3 months of pupil
attendance for 
8each
school district. In compiling the figures for the number 
9of pupils in
attendance, school districts
and the State Board 
10of Education shall, for purposes of general State aid
funding, 
11conform
attendance figures to the requirements of subsection 
12(F).
13 (2) The Average Daily Attendance figures utilized in 
14subsection (E) shall be
the requisite attendance data for the 
15school year immediately preceding
the
school year for which 
16general State aid is being calculated
or the average of the 
17attendance data for the 3 preceding school
years, whichever is 
18greater. The Average Daily Attendance figures
utilized in 
19subsection (H) shall be the requisite attendance data for the

20school year immediately preceding the school year for which 
21general
State aid is being calculated.


22(D) Available Local Resources.
23 (1) For purposes of calculating general State aid pursuant 
24to subsection
(E), a representation of Available Local 
 
 
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1Resources per pupil, as that term is
defined and determined in 
2this subsection, shall be utilized. Available Local
Resources 
3per pupil shall include a calculated
dollar amount representing 
4local school district revenues from local property
taxes and 
5from
Corporate Personal Property Replacement Taxes, expressed 
6on the basis of pupils
in Average
Daily Attendance. Calculation 
7of Available Local Resources shall exclude any tax amnesty 
8funds received as a result of Public Act 93-26.
9 (2) In determining a school district's revenue from local 
10property taxes,
the State Board of Education shall utilize the 
11equalized assessed valuation of
all taxable property of each 
12school
district as of September 30 of the previous year. The 
13equalized assessed
valuation utilized shall
be obtained and 
14determined as provided in subsection (G).
15 (3) For school districts maintaining grades kindergarten 
16through 12, local
property tax
revenues per pupil shall be 
17calculated as the product of the applicable
equalized assessed

18valuation for the district multiplied by 3.00%, and divided by 
19the district's
Average Daily
Attendance figure. For school 
20districts maintaining grades kindergarten
through 8, local

21property tax revenues per pupil shall be calculated as the 
22product of the
applicable equalized
assessed valuation for the 
23district multiplied by 2.30%, and divided by the
district's 
24Average
Daily Attendance figure. For school districts 
25maintaining grades 9 through 12,
local property
tax revenues 
26per pupil shall be the applicable equalized assessed valuation 
 
 
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1of
the district
multiplied by 1.05%, and divided by the 
2district's Average Daily
Attendance
figure.
3 For partial elementary unit districts created pursuant to 
4Article 11E of this Code, local property tax revenues per pupil 
5shall be calculated as the product of the equalized assessed 
6valuation for property within the partial elementary unit 
7district for elementary purposes, as defined in Article 11E of 
8this Code, multiplied by 2.06% and divided by the district's 
9Average Daily Attendance figure, plus the product of the 
10equalized assessed valuation for property within the partial 
11elementary unit district for high school purposes, as defined 
12in Article 11E of this Code, multiplied by 0.94% and divided by 
13the district's Average Daily Attendance figure.

14 (4) The Corporate Personal Property Replacement Taxes paid 
15to each school
district during the calendar year one year 
16before the calendar year in which a
school year begins, divided 
17by the Average Daily Attendance figure for that
district, shall 
18be added to the local property tax revenues per pupil as

19derived by the application of the immediately preceding 
20paragraph (3). The sum
of these per pupil figures for each 
21school district shall constitute Available
Local Resources as 
22that term is utilized in subsection (E) in the calculation
of 
23general State aid.


24(E) Computation of General State Aid.
25 (1) For each school year, the amount of general State aid 
 
 
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1allotted to a
school district shall be computed by the State 
2Board of Education as provided
in this subsection.
3 (2) For any school district for which Available Local 
4Resources per pupil
is less than the product of 0.93 times the 
5Foundation Level, general State aid
for that district shall be 
6calculated as an amount equal to the Foundation
Level minus 
7Available Local Resources, multiplied by the Average Daily

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

9utilizing the Extension Limitation Equalized Assessed 
10Valuation as calculated
in paragraph (4) of subsection (G) less 
11the general State aid allotted for the
1998-1999
school year. 
12This amount shall be deemed a one time increase, and shall not

13affect any future general State aid allocations.


14(F) Compilation of Average Daily Attendance.
15 (1) Each school district shall, by July 1 of each year, 
16submit to the State
Board of Education, on forms prescribed by 
17the State Board of Education,
attendance figures for the school 
18year that began in the preceding calendar
year. The attendance 
19information so transmitted shall identify the average
daily 
20attendance figures for each month of the school year. Beginning 
21with
the general State aid claim form for the 2002-2003 school

22year, districts shall calculate Average Daily Attendance as 
23provided in
subdivisions (a), (b), and (c) of this paragraph 
24(1).
25  (a) In districts that do not hold year-round classes,

 
 
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1 days of attendance in August shall be added to the month of 
2 September and any
days of attendance in June shall be added 
3 to the month of May.
4  (b) In districts in which all buildings hold year-round 
5 classes,
days of attendance in July and August shall be 
6 added to the month
of September and any days of attendance 
7 in June shall be added to
the month of May.
8  (c) In districts in which some buildings, but not all, 
9 hold
year-round classes, for the non-year-round buildings, 
10 days of
attendance in August shall be added to the month of 
11 September
and any days of attendance in June shall be added 
12 to the month of
May. The average daily attendance for the 
13 year-round buildings
shall be computed as provided in 
14 subdivision (b) of this paragraph
(1). To calculate the 
15 Average Daily Attendance for the district, the
average 
16 daily attendance for the year-round buildings shall be

17 multiplied by the days in session for the non-year-round 
18 buildings
for each month and added to the monthly 
19 attendance of the
non-year-round buildings.
20 Except as otherwise provided in this Section, days of

21attendance by pupils shall be counted only for sessions of not 
22less than
5 clock hours of school work per day under direct 
23supervision of: (i)
teachers, or (ii) non-teaching personnel or 
24volunteer personnel when engaging
in non-teaching duties and 
25supervising in those instances specified in
subsection (a) of 
26Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils 
 
 
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1of legal school age and in kindergarten and grades 1 through 
212. Days of attendance by pupils through verified participation 
3in an e-learning program approved by the State Board of 
4Education under Section 10-20.56 of the Code shall be 
5considered as full days of attendance for purposes of this 
6Section.
7 Days of attendance by tuition pupils shall be accredited 
8only to the
districts that pay the tuition to a recognized 
9school.
10 (2) Days of attendance by pupils of less than 5 clock hours 
11of school
shall be subject to the following provisions in the 
12compilation of Average
Daily Attendance.
13  (a) Pupils regularly enrolled in a public school for 
14 only a part of
the school day may be counted on the basis 
15 of 1/6 day for every class hour
of instruction of 40 
16 minutes or more attended pursuant to such enrollment,

17 unless a pupil is
enrolled in a block-schedule format of 80 
18 minutes or more of instruction,
in which case the pupil may 
19 be counted on the basis of the proportion of
minutes of 
20 school work completed each day to the minimum number of

21 minutes that school work is required to be held that day.
22  (b) (Blank).
23  (c) A session of 4 or more clock hours may be counted 
24 as a day of
attendance upon certification by the regional 
25 superintendent, and
approved by the State Superintendent 
26 of Education to the extent that the
district has been 
 
 
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1 forced to use daily multiple sessions.
2  (d) A session of 3 or more clock hours may be counted 
3 as a day of
attendance (1) when the remainder of the school 
4 day or at least
2 hours in the evening of that day is 
5 utilized for an
in-service training program for teachers, 
6 up to a maximum of 5 days per
school year, provided a 
7 district conducts an in-service
training program for 
8 teachers in accordance with Section 10-22.39 of this Code; 
9 or, in lieu of 4 such days, 2 full days may
be used, in 
10 which event each such day
may be counted as a day required 
11 for a legal school calendar pursuant to Section 10-19 of 
12 this Code; (1.5) when, of the 5 days allowed under item 
13 (1), a maximum of 4 days are used for parent-teacher 
14 conferences, or, in lieu of 4 such days, 2 full days are 
15 used, in which case each such day may be counted as a 
16 calendar day required under Section 10-19 of this Code, 
17 provided that the full-day, parent-teacher conference 
18 consists of (i) a minimum of 5 clock hours of 
19 parent-teacher conferences, (ii) both a minimum of 2 clock 
20 hours of parent-teacher conferences held in the evening 
21 following a full day of student attendance, as specified in 
22 subsection (F)(1)(c), and a minimum of 3 clock hours of 
23 parent-teacher conferences held on the day immediately 
24 following evening parent-teacher conferences, or (iii) 
25 multiple parent-teacher conferences held in the evenings 
26 following full days of student attendance, as specified in 
 
 
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1 subsection (F)(1)(c), in which the time used for the 
2 parent-teacher conferences is equivalent to a minimum of 5 
3 clock hours; and (2) when days in
addition to
those 
4 provided in items (1) and (1.5) are scheduled by a school 
5 pursuant to its school
improvement plan adopted under 
6 Article 34 or its revised or amended school
improvement 
7 plan adopted under Article 2, provided that (i) such 
8 sessions of
3 or more clock hours are scheduled to occur at 
9 regular intervals, (ii) the
remainder of the school days in 
10 which such sessions occur are utilized
for in-service 
11 training programs or other staff development activities 
12 for
teachers, and (iii) a sufficient number of minutes of 
13 school work under the
direct supervision of teachers are 
14 added to the school days between such
regularly scheduled 
15 sessions to accumulate not less than the number of minutes

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

21 kindergarten for 2 half days on any one school day, the 
22 pupil shall have
the following day as a day absent from 
23 school, unless the school district
obtains permission in 
24 writing from the State Superintendent of Education.

25 Attendance at kindergartens which provide for a full day of 
26 attendance by
each pupil shall be counted the same as 
 
 
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1 attendance by first grade pupils.
Only the first year of 
2 attendance in one kindergarten shall be counted,
except in 
3 case of children who entered the kindergarten in their 
4 fifth year
whose educational development requires a second 
5 year of kindergarten as
determined under the rules and 
6 regulations of the State Board of Education.
7  (i) On the days when the assessment that includes a 
8 college and career ready determination is
administered 
9 under subsection (c) of Section 2-3.64a-5 of this Code, the 
10 day
of attendance for a pupil whose school
day must be 
11 shortened to accommodate required testing procedures may

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


7(G) Equalized Assessed Valuation Data.
8 (1) For purposes of the calculation of Available Local 
9Resources required
pursuant to subsection (D), the
State Board 
10of Education shall secure from the Department of
Revenue the 
11value as equalized or assessed by the Department of Revenue of

12all taxable property of every school district, together with 
13(i) the applicable
tax rate used in extending taxes for the 
14funds of the district as of
September 30 of the previous year

15and (ii) the limiting rate for all school
districts subject to 
16property tax extension limitations as imposed under the

17Property Tax Extension Limitation Law.

18 The Department of Revenue shall add to the equalized 
19assessed value of all
taxable
property of each school district 
20situated entirely or partially within a county
that is or was 
21subject to the
provisions of Section 15-176 or 15-177 of the 
22Property Tax Code (a)
an amount equal to the total amount by 
23which the
homestead exemption allowed under Section 15-176 or 
2415-177 of the Property Tax Code for
real
property situated in 
25that school district exceeds the total amount that would
have 
 
 
10000SB1947ham005- 363 -LRB100 09675 JWD 28950 a


1been
allowed in that school district if the maximum reduction 
2under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in 
3all other counties in tax year 2003 or (ii) $5,000 in all 
4counties in tax year 2004 and thereafter and (b) an amount 
5equal to the aggregate amount for the taxable year of all 
6additional exemptions under Section 15-175 of the Property Tax 
7Code for owners with a household income of $30,000 or less. The 
8county clerk of any county that is or was subject to the 
9provisions of Section 15-176 or 15-177 of the Property Tax Code 
10shall
annually calculate and certify to the Department of 
11Revenue for each school
district all
homestead exemption 
12amounts under Section 15-176 or 15-177 of the Property Tax Code 
13and all amounts of additional exemptions under Section 15-175 
14of the Property Tax Code for owners with a household income of 
15$30,000 or less. It is the intent of this paragraph that if the 
16general homestead exemption for a parcel of property is 
17determined under Section 15-176 or 15-177 of the Property Tax 
18Code rather than Section 15-175, then the calculation of 
19Available Local Resources shall not be affected by the 
20difference, if any, between the amount of the general homestead 
21exemption allowed for that parcel of property under Section 
2215-176 or 15-177 of the Property Tax Code and the amount that 
23would have been allowed had the general homestead exemption for 
24that parcel of property been determined under Section 15-175 of 
25the Property Tax Code. It is further the intent of this 
26paragraph that if additional exemptions are allowed under 
 
 
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1Section 15-175 of the Property Tax Code for owners with a 
2household income of less than $30,000, then the calculation of 
3Available Local Resources shall not be affected by the 
4difference, if any, because of those additional exemptions.
5 This equalized assessed valuation, as adjusted further by 
6the requirements of
this subsection, shall be utilized in the 
7calculation of Available Local
Resources.
8 (2) The equalized assessed valuation in paragraph (1) shall 
9be adjusted, as
applicable, in the following manner:
10  (a) For the purposes of calculating State aid under 
11 this Section,
with respect to any part of a school district 
12 within a redevelopment
project area in respect to which a 
13 municipality has adopted tax
increment allocation 
14 financing pursuant to the Tax Increment Allocation

15 Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 
16 of the Illinois
Municipal Code or the Industrial Jobs 
17 Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the 
18 Illinois Municipal Code, no part of the current equalized

19 assessed valuation of real property located in any such 
20 project area which is
attributable to an increase above the 
21 total initial equalized assessed
valuation of such 
22 property shall be used as part of the equalized assessed

23 valuation of the district, until such time as all

24 redevelopment project costs have been paid, as provided in 
25 Section 11-74.4-8
of the Tax Increment Allocation 
26 Redevelopment Act or in Section 11-74.6-35 of
the 
 
 
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1 Industrial Jobs Recovery Law. For the purpose of
the 
2 equalized assessed valuation of the
district, the total 
3 initial equalized assessed valuation or the current

4 equalized assessed valuation, whichever is lower, shall be 
5 used until
such time as all redevelopment project costs 
6 have been paid.
7  (b) The real property equalized assessed valuation for 
8 a school district
shall be adjusted by subtracting from the 
9 real property
value as equalized or assessed by the 
10 Department of Revenue for the
district an amount computed 
11 by dividing the amount of any abatement of
taxes under 
12 Section 18-170 of the Property Tax Code by 3.00% for a 
13 district
maintaining grades kindergarten through 12, by 
14 2.30% for a district
maintaining grades kindergarten 
15 through 8, or by 1.05% for a
district
maintaining grades 9 
16 through 12 and adjusted by an amount computed by dividing

17 the amount of any abatement of taxes under subsection (a) 
18 of Section 18-165 of
the Property Tax Code by the same 
19 percentage rates for district type as
specified in this 
20 subparagraph (b).
21 (3) For the 1999-2000 school year and each school year 
22thereafter, if a
school district meets all of the criteria of 
23this subsection (G)(3), the school
district's Available Local 
24Resources shall be calculated under subsection (D)
using the 
25district's Extension Limitation Equalized Assessed Valuation 
26as
calculated under this
subsection (G)(3).
 
 
10000SB1947ham005- 366 -LRB100 09675 JWD 28950 a


1 For purposes of this subsection (G)(3) the following terms 
2shall have
the following meanings:
3  "Budget Year": The school year for which general State 
4 aid is calculated
and
awarded under subsection (E).
5  "Base Tax Year": The property tax levy year used to 
6 calculate the Budget
Year
allocation of general State aid.
7  "Preceding Tax Year": The property tax levy year 
8 immediately preceding the
Base Tax Year.
9  "Base Tax Year's Tax Extension": The product of the 
10 equalized assessed
valuation utilized by the County Clerk 
11 in the Base Tax Year multiplied by the
limiting rate as 
12 calculated by the County Clerk and defined in the Property 
13 Tax
Extension Limitation Law.
14  "Preceding Tax Year's Tax Extension": The product of 
15 the equalized assessed
valuation utilized by the County 
16 Clerk in the Preceding Tax Year multiplied by
the Operating 
17 Tax Rate as defined in subsection (A).
18  "Extension Limitation Ratio": A numerical ratio, 
19 certified by the
County Clerk, in which the numerator is 
20 the Base Tax Year's Tax
Extension and the denominator is 
21 the Preceding Tax Year's Tax Extension.
22  "Operating Tax Rate": The operating tax rate as defined 
23 in subsection (A).
24 If a school district is subject to property tax extension 
25limitations as
imposed under
the Property Tax Extension 
26Limitation Law, the State Board of Education shall
calculate 
 
 
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1the Extension
Limitation
Equalized Assessed Valuation of that 
2district. For the 1999-2000 school
year, the
Extension 
3Limitation Equalized Assessed Valuation of a school district as

4calculated by the State Board of Education shall be equal to 
5the product of the
district's 1996 Equalized Assessed Valuation 
6and the district's Extension
Limitation Ratio. Except as 
7otherwise provided in this paragraph for a school district that 
8has approved or does approve an increase in its limiting rate, 
9for the 2000-2001 school year and each school year
thereafter,

10the Extension Limitation Equalized Assessed Valuation of a 
11school district as
calculated by the State Board of Education 
12shall be equal to the product of
the Equalized Assessed 
13Valuation last used in the calculation of general State
aid and 
14the
district's Extension Limitation Ratio. If the Extension 
15Limitation
Equalized
Assessed Valuation of a school district as 
16calculated under
this subsection (G)(3) is less than the 
17district's equalized assessed valuation
as calculated pursuant 
18to subsections (G)(1) and (G)(2), then for purposes of

19calculating the district's general State aid for the Budget 
20Year pursuant to
subsection (E), that Extension
Limitation 
21Equalized Assessed Valuation shall be utilized to calculate the

22district's Available Local Resources
under subsection (D). For 
23the 2009-2010 school year and each school year thereafter, if a 
24school district has approved or does approve an increase in its 
25limiting rate, pursuant to Section 18-190 of the Property Tax 
26Code, affecting the Base Tax Year, the Extension Limitation 
 
 
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1Equalized Assessed Valuation of the school district, as 
2calculated by the State Board of Education, shall be equal to 
3the product of the Equalized Assessed Valuation last used in 
4the calculation of general State aid times an amount equal to 
5one plus the percentage increase, if any, in the Consumer Price 
6Index for all Urban Consumers for all items published by the 
7United States Department of Labor for the 12-month calendar 
8year preceding the Base Tax Year, plus the Equalized Assessed 
9Valuation of new property, annexed property, and recovered tax 
10increment value and minus the Equalized Assessed Valuation of 
11disconnected property. New property and recovered tax 
12increment value shall have the meanings set forth in the 
13Property Tax Extension Limitation Law.
14 Partial elementary unit districts created in accordance 
15with Article 11E of this Code shall not be eligible for the 
16adjustment in this subsection (G)(3) until the fifth year 
17following the effective date of the reorganization.

18 (3.5) For the 2010-2011 school year and each school year 
19thereafter, if a school district's boundaries span multiple 
20counties, then the Department of Revenue shall send to the 
21State Board of Education, for the purpose of calculating 
22general State aid, the limiting rate and individual rates by 
23purpose for the county that contains the majority of the school 
24district's Equalized Assessed Valuation.
25 (4) For the purposes of calculating general State aid for 
26the 1999-2000
school year only, if a school district 
 
 
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1experienced a triennial reassessment on
the equalized assessed 
2valuation used in calculating its general State
financial aid 
3apportionment for the 1998-1999 school year, the State Board of

4Education shall calculate the Extension Limitation Equalized 
5Assessed Valuation
that would have been used to calculate the 
6district's 1998-1999 general State
aid. This amount shall equal 
7the product of the equalized assessed valuation
used to

8calculate general State aid for the 1997-1998 school year and 
9the district's
Extension Limitation Ratio. If the Extension 
10Limitation Equalized Assessed
Valuation of the school district 
11as calculated under this paragraph (4) is
less than the 
12district's equalized assessed valuation utilized in 
13calculating
the
district's 1998-1999 general State aid 
14allocation, then for purposes of
calculating the district's 
15general State aid pursuant to paragraph (5) of
subsection (E),

16that Extension Limitation Equalized Assessed Valuation shall 
17be utilized to
calculate the district's Available Local 
18Resources.
19 (5) For school districts having a majority of their 
20equalized assessed
valuation in any county except Cook, DuPage, 
21Kane, Lake, McHenry, or Will, if
the amount of general State 
22aid allocated to the school district for the
1999-2000 school 
23year under the provisions of subsection (E), (H), and (J) of

24this Section is less than the amount of general State aid 
25allocated to the
district for the 1998-1999 school year under 
26these subsections, then the
general
State aid of the district 
 
 
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1for the 1999-2000 school year only shall be increased
by the 
2difference between these amounts. The total payments made under 
3this
paragraph (5) shall not exceed $14,000,000. Claims shall 
4be prorated if they
exceed $14,000,000.


5(H) Supplemental General State Aid.
6 (1) In addition to the general State aid a school district 
7is allotted
pursuant to subsection (E), qualifying school 
8districts shall receive a grant,
paid in conjunction with a 
9district's payments of general State aid, for
supplemental 
10general State aid based upon the concentration level of 
11children
from low-income households within the school 
12district.
Supplemental State aid grants provided for school 
13districts under this
subsection shall be appropriated for 
14distribution to school districts as part
of the same line item 
15in which the general State financial aid of school
districts is 
16appropriated under this Section.

17 (1.5) This paragraph (1.5) applies only to those school 
18years
preceding the 2003-2004 school year.
For purposes of this

19subsection (H), the term "Low-Income Concentration Level" 
20shall be the
low-income
eligible pupil count from the most 
21recently available federal census divided by
the Average Daily 
22Attendance of the school district.
If, however, (i) the 
23percentage decrease from the 2 most recent federal
censuses
in 
24the low-income eligible pupil count of a high school district 
25with fewer
than 400 students exceeds by 75% or more the 
 
 
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1percentage change in the total
low-income eligible pupil count 
2of contiguous elementary school districts,
whose boundaries 
3are coterminous with the high school district,
or (ii) a high 
4school district within 2 counties and serving 5 elementary

5school
districts, whose boundaries are coterminous with the 
6high school
district, has a percentage decrease from the 2 most 
7recent federal
censuses in the low-income eligible pupil count 
8and there is a percentage
increase in the total low-income 
9eligible pupil count of a majority of the
elementary school 
10districts in excess of 50% from the 2 most recent
federal 
11censuses, then
the
high school district's low-income eligible 
12pupil count from the earlier federal
census
shall be the number 
13used as the low-income eligible pupil count for the high
school 
14district, for purposes of this subsection (H).
The changes made 
15to this paragraph (1) by Public Act 92-28 shall apply to

16supplemental general State aid
grants for school years 
17preceding the 2003-2004 school year that are paid
in fiscal 
18year 1999 or thereafter
and to
any State aid payments made in 
19fiscal year 1994 through fiscal year
1998 pursuant to 
20subsection 1(n) of Section 18-8 of this Code (which was

21repealed on July 1, 1998), and any high school district that is 
22affected by
Public Act 92-28 is
entitled to a
recomputation of 
23its supplemental general State aid grant or State aid
paid in 
24any of those fiscal years. This recomputation shall not be

25affected by any other funding.
26 (1.10) This paragraph (1.10) applies to the 2003-2004 
 
 
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1school year
and each school year thereafter through the 
22016-2017 school year. For purposes of this subsection (H), the

3term "Low-Income Concentration Level" shall, for each fiscal 
4year, be the
low-income eligible
pupil count
as of July 1 of 
5the immediately preceding fiscal year
(as determined by the 
6Department of Human Services based
on the number of pupils
who 
7are eligible for at least one of the following
low income 
8programs: Medicaid, the Children's Health Insurance Program, 
9TANF, or Food Stamps,
excluding pupils who are eligible for 
10services provided by the Department
of Children and Family 
11Services,
averaged over
the 2 immediately preceding fiscal 
12years for fiscal year 2004 and over the 3
immediately preceding 
13fiscal years for each fiscal year thereafter)
divided by the 
14Average Daily Attendance of the school district.
15 (2) Supplemental general State aid pursuant to this 
16subsection (H) shall
be
provided as follows for the 1998-1999, 
171999-2000, and 2000-2001 school years
only:
18  (a) For any school district with a Low Income 
19 Concentration Level of at
least 20% and less than 35%, the 
20 grant for any school year
shall be $800
multiplied by the 
21 low income eligible pupil count.
22  (b) For any school district with a Low Income 
23 Concentration Level of at
least 35% and less than 50%, the 
24 grant for the 1998-1999 school year shall be
$1,100 
25 multiplied by the low income eligible pupil count.
26  (c) For any school district with a Low Income 
 
 
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1 Concentration Level of at
least 50% and less than 60%, the 
2 grant for the 1998-99 school year shall be
$1,500 
3 multiplied by the low income eligible pupil count.
4  (d) For any school district with a Low Income 
5 Concentration Level of 60%
or more, the grant for the 
6 1998-99 school year shall be $1,900 multiplied by
the low 
7 income eligible pupil count.
8  (e) For the 1999-2000 school year, the per pupil amount 
9 specified in
subparagraphs (b), (c), and (d) immediately 
10 above shall be increased to $1,243,
$1,600, and $2,000, 
11 respectively.
12  (f) For the 2000-2001 school year, the per pupil 
13 amounts specified in
subparagraphs (b), (c), and (d) 
14 immediately above shall be
$1,273, $1,640, and $2,050, 
15 respectively.
16 (2.5) Supplemental general State aid pursuant to this 
17subsection (H)
shall be provided as follows for the 2002-2003 
18school year:
19  (a) For any school district with a Low Income 
20 Concentration Level of less
than 10%, the grant for each 
21 school year shall be $355 multiplied by the low
income 
22 eligible pupil count.
23  (b) For any school district with a Low Income 
24 Concentration
Level of at least 10% and less than 20%, the 
25 grant for each school year shall
be $675
multiplied by the 
26 low income eligible pupil
count.
 
 
10000SB1947ham005- 374 -LRB100 09675 JWD 28950 a


1  (c) For any school district with a Low Income 
2 Concentration
Level of at least 20% and less than 35%, the 
3 grant for each school year shall
be $1,330
multiplied by 
4 the low income eligible pupil
count.
5  (d) For any school district with a Low Income 
6 Concentration
Level of at least 35% and less than 50%, the 
7 grant for each school year shall
be $1,362
multiplied by 
8 the low income eligible pupil
count.
9  (e) For any school district with a Low Income 
10 Concentration
Level of at least 50% and less than 60%, the 
11 grant for each school year shall
be $1,680
multiplied by 
12 the low income eligible pupil
count.
13  (f) For any school district with a Low Income 
14 Concentration
Level of 60% or more, the grant for each 
15 school year shall be $2,080
multiplied by the low income 
16 eligible pupil count.
17 (2.10) Except as otherwise provided, supplemental general 
18State aid
pursuant to this subsection
(H) shall be provided as 
19follows for the 2003-2004 school year and each
school year 
20thereafter:
21  (a) For any school district with a Low Income 
22 Concentration
Level of 15% or less, the grant for each 
23 school year
shall be $355 multiplied by the low income 
24 eligible pupil count.
25  (b) For any school district with a Low Income 
26 Concentration
Level greater than 15%, the grant for each 
 
 
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1 school year shall be
$294.25 added to the product of $2,700 
2 and the square of the Low
Income Concentration Level, all 
3 multiplied by the low income
eligible pupil count.
4 For the 2003-2004 school year and each school year 
5thereafter through the 2008-2009 school year only, the grant 
6shall be no less than the
grant
for
the 2002-2003 school year. 
7For the 2009-2010 school year only, the grant shall
be no
less 
8than the grant for the 2002-2003 school year multiplied by 
90.66. For the 2010-2011
school year only, the grant shall be no 
10less than the grant for the 2002-2003
school year
multiplied by 
110.33. Notwithstanding the provisions of this paragraph to the 
12contrary, if for any school year supplemental general State aid 
13grants are prorated as provided in paragraph (1) of this 
14subsection (H), then the grants under this paragraph shall be 
15prorated.

16 For the 2003-2004 school year only, the grant shall be no 
17greater
than the grant received during the 2002-2003 school 
18year added to the
product of 0.25 multiplied by the difference 
19between the grant amount
calculated under subsection (a) or (b) 
20of this paragraph (2.10), whichever
is applicable, and the 
21grant received during the 2002-2003 school year.
For the 
222004-2005 school year only, the grant shall be no greater than

23the grant received during the 2002-2003 school year added to 
24the
product of 0.50 multiplied by the difference between the 
25grant amount
calculated under subsection (a) or (b) of this 
26paragraph (2.10), whichever
is applicable, and the grant 
 
 
10000SB1947ham005- 376 -LRB100 09675 JWD 28950 a


1received during the 2002-2003 school year.
For the 2005-2006 
2school year only, the grant shall be no greater than
the grant 
3received during the 2002-2003 school year added to the
product 
4of 0.75 multiplied by the difference between the grant amount

5calculated under subsection (a) or (b) of this paragraph 
6(2.10), whichever
is applicable, and the grant received during 
7the 2002-2003
school year.
8 (3) School districts with an Average Daily Attendance of 
9more than 1,000
and less than 50,000 that qualify for 
10supplemental general State aid pursuant
to this subsection 
11shall submit a plan to the State Board of Education prior to

12October 30 of each year for the use of the funds resulting from 
13this grant of
supplemental general State aid for the 
14improvement of
instruction in which priority is given to 
15meeting the education needs of
disadvantaged children. Such 
16plan shall be submitted in accordance with
rules and 
17regulations promulgated by the State Board of Education.
18 (4) School districts with an Average Daily Attendance of 
1950,000 or more
that qualify for supplemental general State aid 
20pursuant to this subsection
shall be required to distribute 
21from funds available pursuant to this Section,
no less than 
22$261,000,000 in accordance with the following requirements:
23  (a) The required amounts shall be distributed to the 
24 attendance centers
within the district in proportion to the 
25 number of pupils enrolled at each
attendance center who are 
26 eligible to receive free or reduced-price lunches or

 
 
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1 breakfasts under the federal Child Nutrition Act of 1966 
2 and under the National
School Lunch Act during the 
3 immediately preceding school year.
4  (b) The distribution of these portions of supplemental 
5 and general State
aid among attendance centers according to 
6 these requirements shall not be
compensated for or 
7 contravened by adjustments of the total of other funds

8 appropriated to any attendance centers, and the Board of 
9 Education shall
utilize funding from one or several sources 
10 in order to fully implement this
provision annually prior 
11 to the opening of school.
12  (c) Each attendance center shall be provided by the

13 school district a distribution of noncategorical funds and 
14 other
categorical funds to which an attendance center is 
15 entitled under law in
order that the general State aid and 
16 supplemental general State aid provided
by application of 
17 this subsection supplements rather than supplants the

18 noncategorical funds and other categorical funds provided 
19 by the school
district to the attendance centers.
20  (d) Any funds made available under this subsection that 
21 by reason of the
provisions of this subsection are not

22 required to be allocated and provided to attendance centers 
23 may be used and
appropriated by the board of the district 
24 for any lawful school purpose.
25  (e) Funds received by an attendance center
pursuant to 
26 this
subsection shall be used
by the attendance center at 
 
 
10000SB1947ham005- 378 -LRB100 09675 JWD 28950 a


1 the discretion
of the principal and local school council 
2 for programs to improve educational
opportunities at 
3 qualifying schools through the following programs and

4 services: early childhood education, reduced class size or 
5 improved adult to
student classroom ratio, enrichment 
6 programs, remedial assistance, attendance
improvement, and 
7 other educationally beneficial expenditures which

8 supplement
the regular and basic programs as determined by 
9 the State Board of Education.
Funds provided shall not be 
10 expended for any political or lobbying purposes
as defined 
11 by board rule.
12  (f) Each district subject to the provisions of this 
13 subdivision (H)(4)
shall submit an
acceptable plan to meet 
14 the educational needs of disadvantaged children, in

15 compliance with the requirements of this paragraph, to the 
16 State Board of
Education prior to July 15 of each year. 
17 This plan shall be consistent with the
decisions of local 
18 school councils concerning the school expenditure plans

19 developed in accordance with part 4 of Section 34-2.3. The 
20 State Board shall
approve or reject the plan within 60 days 
21 after its submission. If the plan is
rejected, the district 
22 shall give written notice of intent to modify the plan

23 within 15 days of the notification of rejection and then 
24 submit a modified plan
within 30 days after the date of the 
25 written notice of intent to modify.
Districts may amend 
26 approved plans pursuant to rules promulgated by the State

 
 
10000SB1947ham005- 379 -LRB100 09675 JWD 28950 a


1 Board of Education.
2  Upon notification by the State Board of Education that 
3 the district has
not submitted a plan prior to July 15 or a 
4 modified plan within the time
period specified herein, the

5 State aid funds affected by that plan or modified plan 
6 shall be withheld by the
State Board of Education until a 
7 plan or modified plan is submitted.
8  If the district fails to distribute State aid to 
9 attendance centers in
accordance with an approved plan, the 
10 plan for the following year shall
allocate funds, in 
11 addition to the funds otherwise required by this

12 subsection, to those attendance centers which were 
13 underfunded during the
previous year in amounts equal to 
14 such underfunding.
15  For purposes of determining compliance with this 
16 subsection in relation
to the requirements of attendance 
17 center funding, each district subject to the
provisions of 
18 this
subsection shall submit as a separate document by 
19 December 1 of each year a
report of expenditure data for 
20 the prior year in addition to any
modification of its 
21 current plan. If it is determined that there has been
a 
22 failure to comply with the expenditure provisions of this 
23 subsection
regarding contravention or supplanting, the 
24 State Superintendent of
Education shall, within 60 days of 
25 receipt of the report, notify the
district and any affected 
26 local school council. The district shall within
45 days of 
 
 
10000SB1947ham005- 380 -LRB100 09675 JWD 28950 a


1 receipt of that notification inform the State 
2 Superintendent of
Education of the remedial or corrective 
3 action to be taken, whether by
amendment of the current 
4 plan, if feasible, or by adjustment in the plan
for the 
5 following year. Failure to provide the expenditure report 
6 or the
notification of remedial or corrective action in a 
7 timely manner shall
result in a withholding of the affected 
8 funds.
9  The State Board of Education shall promulgate rules and 
10 regulations
to implement the provisions of this 
11 subsection. No funds shall be released
under this 
12 subdivision (H)(4) to any district that has not submitted a 
13 plan
that has been approved by the State Board of 
14 Education.


15(I) (Blank).


16(J) (Blank).


17(K) Grants to Laboratory and Alternative Schools.
18 In calculating the amount to be paid to the governing board 
19of a public
university that operates a laboratory school under 
20this Section or to any
alternative school that is operated by a 
21regional superintendent of schools,
the State
Board of 
22Education shall require by rule such reporting requirements as 
23it
deems necessary.
 
 
10000SB1947ham005- 381 -LRB100 09675 JWD 28950 a


1 As used in this Section, "laboratory school" means a public 
2school which is
created and operated by a public university and 
3approved by the State Board of
Education. The governing board 
4of a public university which receives funds
from the State 
5Board under this subsection (K) or subsection (g) of Section 
618-8.15 of this Code may not increase the number of
students 
7enrolled in its laboratory
school from a single district, if 
8that district is already sending 50 or more
students, except 
9under a mutual agreement between the school board of a

10student's district of residence and the university which 
11operates the
laboratory school. A laboratory school may not 
12have more than 1,000 students,
excluding students with 
13disabilities in a special education program.
14 As used in this Section, "alternative school" means a 
15public school which is
created and operated by a Regional 
16Superintendent of Schools and approved by
the State Board of 
17Education. Such alternative schools may offer courses of

18instruction for which credit is given in regular school 
19programs, courses to
prepare students for the high school 
20equivalency testing program or vocational
and occupational 
21training. A regional superintendent of schools may contract

22with a school district or a public community college district 
23to operate an
alternative school. An alternative school serving 
24more than one educational
service region may be established by 
25the regional superintendents of schools
of the affected 
26educational service regions. An alternative school
serving 
 
 
10000SB1947ham005- 382 -LRB100 09675 JWD 28950 a


1more than one educational service region may be operated under 
2such
terms as the regional superintendents of schools of those 
3educational service
regions may agree.
4 Each laboratory and alternative school shall file, on forms 
5provided by the
State Superintendent of Education, an annual 
6State aid claim which states the
Average Daily Attendance of 
7the school's students by month. The best 3 months'
Average 
8Daily Attendance shall be computed for each school.
The general 
9State aid entitlement shall be computed by multiplying the

10applicable Average Daily Attendance by the Foundation Level as 
11determined under
this Section.


12(L) Payments, Additional Grants in Aid and Other Requirements.
13 (1) For a school district operating under the financial 
14supervision
of an Authority created under Article 34A, the 
15general State aid otherwise
payable to that district under this 
16Section, but not the supplemental general
State aid, shall be 
17reduced by an amount equal to the budget for
the operations of 
18the Authority as certified by the Authority to the State
Board 
19of Education, and an amount equal to such reduction shall be 
20paid
to the Authority created for such district for its 
21operating expenses in
the manner provided in Section 18-11. The 
22remainder
of general State school aid for any such district 
23shall be paid in accordance
with Article 34A when that Article 
24provides for a disposition other than that
provided by this 
25Article.
 
 
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1 (2) (Blank).
2 (3) Summer school. Summer school payments shall be made as 
3provided in
Section 18-4.3.


4(M) (Blank). Education Funding Advisory Board.
5 The Education Funding Advisory
Board, hereinafter in this 
6subsection (M) referred to as the "Board", is hereby
created. 
7The Board
shall consist of 5 members who are appointed by the 
8Governor, by and with the
advice and consent of the Senate. The 
9members appointed shall include
representatives of education, 
10business, and the general public. One of the
members so 
11appointed shall be
designated by the Governor at the time the 
12appointment is made as the
chairperson of the
Board.
The 
13initial members of the Board may
be appointed any time after 
14the effective date of this amendatory Act of
1997. The regular 
15term of each member of the
Board shall be for 4 years from the 
16third Monday of January of the
year in which the term of the 
17member's appointment is to commence, except that
of the 5 
18initial members appointed to serve on the
Board, the member who 
19is appointed as the chairperson shall serve for
a term that 
20commences on the date of his or her appointment and expires on 
21the
third Monday of January, 2002, and the remaining 4 members, 
22by lots drawn at
the first meeting of the Board that is
held

23after all 5 members are appointed, shall determine 2 of their 
24number to serve
for terms that commence on the date of their

25respective appointments and expire on the third
Monday of 
 
 
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1January, 2001,
and 2 of their number to serve for terms that 
2commence
on the date of their respective appointments and 
3expire on the third Monday
of January, 2000. All members 
4appointed to serve on the
Board shall serve until their 
5respective successors are
appointed and confirmed. Vacancies 
6shall be filled in the same manner as
original appointments. If 
7a vacancy in membership occurs at a time when the
Senate is not 
8in session, the Governor shall make a temporary appointment 
9until
the next meeting of the Senate, when he or she shall 
10appoint, by and with the
advice and consent of the Senate, a 
11person to fill that membership for the
unexpired term. If the 
12Senate is not in session when the initial appointments
are 
13made, those appointments shall
be made as in the case of 
14vacancies.
15 The Education Funding Advisory Board shall be deemed 
16established,
and the initial
members appointed by the Governor 
17to serve as members of the
Board shall take office,
on the date 
18that the
Governor makes his or her appointment of the fifth 
19initial member of the
Board, whether those initial members are 
20then serving
pursuant to appointment and confirmation or 
21pursuant to temporary appointments
that are made by the 
22Governor as in the case of vacancies.
23 The State Board of Education shall provide such staff 
24assistance to the
Education Funding Advisory Board as is 
25reasonably required for the proper
performance by the Board of 
26its responsibilities.
 
 
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1 For school years after the 2000-2001 school year, the 
2Education
Funding Advisory Board, in consultation with the 
3State Board of Education,
shall make recommendations as 
4provided in this subsection (M) to the General
Assembly for the 
5foundation level under subdivision (B)(3) of this Section and

6for the
supplemental general State aid grant level under 
7subsection (H) of this Section
for districts with high 
8concentrations of children from poverty. The
recommended 
9foundation level shall be determined based on a methodology 
10which
incorporates the basic education expenditures of 
11low-spending schools
exhibiting high academic performance. The 
12Education Funding Advisory Board
shall make such 
13recommendations to the General Assembly on January 1 of odd

14numbered years, beginning January 1, 2001.


15(N) (Blank).


16(O) References.
17 (1) References in other laws to the various subdivisions of

18Section 18-8 as that Section existed before its repeal and 
19replacement by this
Section 18-8.05 shall be deemed to refer to 
20the corresponding provisions of
this Section 18-8.05, to the 
21extent that those references remain applicable.
22 (2) References in other laws to State Chapter 1 funds shall 
23be deemed to
refer to the supplemental general State aid 
24provided under subsection (H) of
this Section.

 
 
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1(P) Public Act 93-838 and Public Act 93-808 make inconsistent 
2changes to this Section. Under Section 6 of the Statute on 
3Statutes there is an irreconcilable conflict between Public Act 
493-808 and Public Act 93-838. Public Act 93-838, being the last 
5acted upon, is controlling. The text of Public Act 93-838 is 
6the law regardless of the text of Public Act 93-808.

7(Q) State Fiscal Year 2015 Payments.
8 For payments made for State fiscal year 2015, the State 
9Board of Education shall, for each school district, calculate 
10that district's pro-rata share of a minimum sum of $13,600,000 
11or additional amounts as needed from the total net General 
12State Aid funding as calculated under this Section that shall 
13be deemed attributable to the provision of special educational 
14facilities and services, as defined in Section 14-1.08 of this 
15Code, in a manner that ensures compliance with maintenance of 
16State financial support requirements under the federal 
17Individuals with Disabilities Education Act. Each school 
18district must use such funds only for the provision of special 
19educational facilities and services, as defined in Section 
2014-1.08 of this Code, and must comply with any expenditure 
21verification procedures adopted by the State Board of 
22Education. 

23(R) State Fiscal Year 2016 Payments. 
 
 
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1 For payments made for State fiscal year 2016, the State 
2Board of Education shall, for each school district, calculate 
3that district's pro rata share of a minimum sum of $1 or 
4additional amounts as needed from the total net General State 
5Aid funding as calculated under this Section that shall be 
6deemed attributable to the provision of special educational 
7facilities and services, as defined in Section 14-1.08 of this 
8Code, in a manner that ensures compliance with maintenance of 
9State financial support requirements under the federal 
10Individuals with Disabilities Education Act. Each school 
11district must use such funds only for the provision of special 
12educational facilities and services, as defined in Section 
1314-1.08 of this Code, and must comply with any expenditure 
14verification procedures adopted by the State Board of 
15Education. 
16(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194, 
17eff. 7-30-15; 99-523, eff. 6-30-16.)

18 (105 ILCS 5/18-8.10)
19 Sec. 18-8.10. Fast growth grants.

20 (a) If there has been an increase in a school district's 
21student population over the most recent 2 school years of (i) 
22over 1.5% in a district with over 10,000 pupils in average 
23daily attendance (as defined in Section 18-8.05 or 18-8.15 of 
24this Code) or (ii) over 7.5% in any other district, then the 
25district is eligible for a grant under this Section, subject to 
 
 
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1appropriation.
2 (b) The State Board of Education shall determine a per 
3pupil grant amount for each school district. The total grant 
4amount for a district for any given school year shall equal the 
5per pupil grant amount multiplied by the difference between the 
6number of pupils in average daily attendance for the 2 most 
7recent school years.
8 (c) Funds for grants under this Section must be 
9appropriated to the State Board of Education in a separate line 
10item for this purpose. If the amount appropriated in any fiscal 
11year is insufficient to pay all grants for a school year, then 
12the amount appropriated shall be prorated among eligible 
13districts. As soon as possible after funds have been 
14appropriated to the State Board of Education, the State Board 
15of Education shall distribute the grants to eligible districts.
16 (d) If a school district intentionally reports incorrect 
17average daily attendance numbers to receive a grant under this 
18Section, then the district shall be denied State aid in the 
19same manner as State aid is denied for intentional incorrect 
20reporting of average daily attendance numbers under Section 
2118-8.05 or 18-8.15 of this Code.

22(Source: P.A. 93-1042, eff. 10-8-04.)

23 (105 ILCS 5/18-8.15 new)
24 Sec. 18-8.15. Evidence-based funding for student success 
25for the 2017-2018 and subsequent school years. 
 
 
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1 (a) General provisions. 
2  (1) The purpose of this Section is to ensure that, by 
3 June 30, 2027 and beyond, this State has a kindergarten 
4 through grade 12 public education system with the capacity 
5 to ensure the educational development of all persons to the 
6 limits of their capacities in accordance with Section 1 of 
7 Article X of the Constitution of the State of Illinois. To 
8 accomplish that objective, this Section creates a method of 
9 funding public education that is evidence-based; is 
10 sufficient to ensure every student receives a meaningful 
11 opportunity to learn irrespective of race, ethnicity, 
12 sexual orientation, gender, or community-income level; and 
13 is sustainable and predictable. When fully funded under 
14 this Section, every school shall have the resources, based 
15 on what the evidence indicates is needed, to: 
16   (A) provide all students with a high quality 
17 education that offers the academic, enrichment, social 
18 and emotional support, technical, and career-focused 
19 programs that will allow them to become competitive 
20 workers, responsible parents, productive citizens of 
21 this State, and active members of our national 
22 democracy;
23   (B) ensure all students receive the education they 
24 need to graduate from high school with the skills 
25 required to pursue post-secondary education and 
26 training for a rewarding career;
 
 
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1   (C) reduce, with a goal of eliminating, the 
2 achievement gap between at-risk and non-at-risk 
3 students by raising the performance of at-risk 
4 students and not by reducing standards; and
5   (D) ensure this State satisfies its obligation to 
6 assume the primary responsibility to fund public 
7 education and simultaneously relieve the 
8 disproportionate burden placed on local property taxes 
9 to fund schools. 
10  (2) The evidence-based funding formula under this 
11 Section shall be applied to all Organizational Units in 
12 this State. The evidence-based funding formula outlined in 
13 this Act is based on the formula outlined in Senate Bill 1 
14 of the 100th General Assembly, as passed by both 
15 legislative chambers. As further defined and described in 
16 this Section, there are 4 major components of the 
17 evidence-based funding model: 
18   (A) First, the model calculates a unique adequacy 
19 target for each Organizational Unit in this State that 
20 considers the costs to implement research-based 
21 activities, the unit's student demographics, and 
22 regional wage difference.
23   (B) Second, the model calculates each 
24 Organizational Unit's local capacity, or the amount 
25 each Organizational Unit is assumed to contribute 
26 towards its adequacy target from local resources.
 
 
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1   (C) Third, the model calculates how much funding 
2 the State currently contributes to the Organizational 
3 Unit, and adds that to the unit's local capacity to 
4 determine the unit's overall current adequacy of 
5 funding.
6   (D) Finally, the model's distribution method 
7 allocates new State funding to those Organizational 
8 Units that are least well-funded, considering both 
9 local capacity and State funding, in relation to their 
10 adequacy target. 
11  (3) An Organizational Unit receiving any funding under 
12 this Section may apply those funds to any fund so received 
13 for which that Organizational Unit is authorized to make 
14 expenditures by law.
15  (4) As used in this Section, the following terms shall 
16 have the meanings ascribed in this paragraph (4): 
17  "Adequacy Target" is defined in paragraph (1) of 
18 subsection (b) of this Section.
19  "Adjusted EAV" is defined in paragraph (4) of 
20 subsection (d) of this Section. 
21  "Adjusted Local Capacity Target" is defined in 
22 paragraph (3) of subsection (c) of this Section.
23  "Adjusted Operating Tax Rate" means a tax rate for all 
24 Organizational Units, for which the State Superintendent 
25 shall calculate and subtract for the Operating Tax Rate a 
26 transportation rate based on total expenses for 
 
 
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1 transportation services under this Code, as reported on the 
2 most recent Annual Financial Report in Pupil 
3 Transportation Services, function 2550 in both the 
4 Education and Transportation funds and functions 4110 and 
5 4120 in the Transportation fund, less any corresponding 
6 fiscal year State of Illinois scheduled payments excluding 
7 net adjustments for prior years for regular, vocational, or 
8 special education transportation reimbursement pursuant to 
9 Section 29-5 or subsection (b) of Section 14-13.01 of this 
10 Code divided by the Adjusted EAV. If an Organizational 
11 Unit's corresponding fiscal year State of Illinois 
12 scheduled payments excluding net adjustments for prior 
13 years for regular, vocational, or special education 
14 transportation reimbursement pursuant to Section 29-5 or 
15 subsection (b) of Section 14-13.01 of this Code exceed the 
16 total transportation expenses, as defined in this 
17 paragraph, no transportation rate shall be subtracted from 
18 the Operating Tax Rate. 
19  "Allocation Rate" is defined in paragraph (3) of 
20 subsection (g) of this Section.
21  "Alternative School" means a public school that is 
22 created and operated by a regional superintendent of 
23 schools and approved by the State Board.
24  "Applicable Tax Rate" is defined in paragraph (1) of 
25 subsection (d) of this Section.
26  "Assessment" means any of those benchmark, progress 
 
 
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1 monitoring, formative, diagnostic, and other assessments, 
2 in addition to the State accountability assessment, that 
3 assist teachers' needs in understanding the skills and 
4 meeting the needs of the students they serve.
5  "Assistant principal" means a school administrator 
6 duly endorsed to be employed as an assistant principal in 
7 this State.
8  "At-risk student" means a student who is at risk of not 
9 meeting the Illinois Learning Standards or not graduating 
10 from elementary or high school and who demonstrates a need 
11 for vocational support or social services beyond that 
12 provided by the regular school program. All students 
13 included in an Organizational Unit's Low-Income Count, as 
14 well as all English learner and disabled students attending 
15 the Organizational Unit, shall be considered at-risk 
16 students under this Section.
17  "Average Student Enrollment" or "ASE" means, for an 
18 Organizational Unit in a given school year, the greater of 
19 the average number of students (grades K through 12) 
20 reported to the State Board as enrolled in the 
21 Organizational Unit on October 1 and March 1, plus the 
22 special education pre-kindergarten students with services 
23 of at least more than 2 hours a day as reported to the 
24 State Board on December 1, in the immediately preceding 
25 school year or the average number of students (grades K 
26 through 12) reported to the State Board as enrolled in the 
 
 
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1 Organizational Unit on October 1 and March 1, plus the 
2 special education pre-kindergarten students with services 
3 of
at least more than 2 hours a day as reported to the 
4 State Board on December 1, for each of the immediately 
5 preceding 3 school years. For the purposes of this 
6 definition, "enrolled in the Organizational Unit" means 
7 the number of students reported to the State Board who are 
8 enrolled in schools within the Organizational Unit that the 
9 student attends or would attend if not placed or 
10 transferred to another school or program to receive needed 
11 services. For the purposes of calculating "ASE", all 
12 students, grades K through 12, excluding those attending 
13 kindergarten for a half day, shall be counted as 1.0. All 
14 students attending kindergarten for a half day shall be 
15 counted as 0.5, unless in 2017 by June 15 or by March 1 in 
16 subsequent years, the school district reports to the State 
17 Board of Education the intent to implement full-day 
18 kindergarten district-wide for all students, then all 
19 students attending kindergarten shall be counted as 1.0. 
20 Special education pre-kindergarten students shall be 
21 counted as 0.5 each. If the State Board does not collect or 
22 has not collected both an October 1 and March 1 enrollment 
23 count by grade or a December 1 collection of special 
24 education pre-kindergarten students as of the effective 
25 date of this amendatory Act of the 100th General Assembly, 
26 it shall establish such collection for all future years. 
 
 
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1 For any year where a count by grade level was collected 
2 only once, that count shall be used as the single count 
3 available for computing a 3-year average ASE. School 
4 districts shall submit the data for the ASE calculation to 
5 the State Board within 45 days of the dates required in 
6 this Section for submission of enrollment data in order for 
7 it to be included in the ASE calculation.
8  "Base Funding Guarantee" is defined in paragraph (10) 
9 of subsection (g) of this Section. 
10  "Base Funding Minimum" is defined in subsection (e) of 
11 this Section.
12  "Base Tax Year" means the property tax levy year used 
13 to calculate the Budget Year allocation of primary State 
14 aid.
15  "Base Tax Year's Extension" means the product of the 
16 equalized assessed valuation utilized by the county clerk 
17 in the Base Tax Year multiplied by the limiting rate as 
18 calculated by the county clerk and defined in PTELL.
19  "Bilingual Education Allocation" means the amount of 
20 an Organizational Unit's final Adequacy Target 
21 attributable to bilingual education divided by the 
22 Organizational Unit's final Adequacy Target, the product 
23 of which shall be multiplied by the amount of new funding 
24 received pursuant to this Section. An Organizational 
25 Unit's final Adequacy Target attributable to bilingual 
26 education shall include all additional investments in 
 
 
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1 English learner students' adequacy elements.
2  "Budget Year" means the school year for which primary 
3 State aid is calculated and awarded under this Section. 
4  "Central office" means individual administrators and 
5 support service personnel charged with managing the 
6 instructional programs, business and operations, and 
7 security of the Organizational Unit.
8  "Comparable Wage Index" or "CWI" means a regional cost 
9 differentiation metric that measures systemic, regional 
10 variations in the salaries of college graduates who are not 
11 educators. The CWI utilized for this Section shall, for the 
12 first 3 years of Evidence-Based Funding implementation, be 
13 the CWI initially developed by the National Center for 
14 Education Statistics, as most recently updated by Texas A & 
15 M University. In the fourth and subsequent years of 
16 Evidence-Based Funding implementation, the State 
17 Superintendent shall re-determine the CWI using a similar 
18 methodology to that identified in the Texas A & M 
19 University study, with adjustments made no less frequently 
20 than once every 5 years.
21  "Computer technology and equipment" means computers 
22 servers, notebooks, network equipment, copiers, printers, 
23 instructional software, security software, curriculum 
24 management courseware, and other similar materials and 
25 equipment. 
26  "Core subject" means mathematics; science; reading, 
 
 
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1 English, writing, and language arts; history and social 
2 studies; world languages; and subjects taught as Advanced 
3 Placement in high schools.
4  "Core teacher" means a regular classroom teacher in 
5 elementary schools and teachers of a core subject in middle 
6 and high schools.
7  "Core Intervention teacher (tutor)" means a licensed 
8 teacher providing one-on-one or small group tutoring to 
9 students struggling to meet proficiency in core subjects.
10  "CPPRT" means corporate personal property replacement 
11 tax funds paid to an Organizational Unit during the 
12 calendar year one year before the calendar year in which a 
13 school year begins, pursuant to "An Act in relation to the 
14 abolition of ad valorem personal property tax and the 
15 replacement of revenues lost thereby, and amending and 
16 repealing certain Acts and parts of Acts in connection 
17 therewith", certified August 14, 1979, as amended (Public 
18 Act 81-1st S.S.-1).
19  "EAV" means equalized assessed valuation as defined in 
20 paragraph (2) of subsection (d) of this Section and 
21 calculated in accordance with paragraph (3) of subsection 
22 (d) of this Section.
23  "ECI" means the Bureau of Labor Statistics' national 
24 employment cost index for civilian workers in educational 
25 services in elementary and secondary schools on a 
26 cumulative basis for the 12-month calendar year preceding 
 
 
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1 the fiscal year of the Evidence-Based Funding calculation.
2  "EIS Data" means the employment information system 
3 data maintained by the State Board on educators within 
4 Organizational Units.
5  "Employee benefits" means health, dental, and vision 
6 insurance offered to employees of an Organizational Unit, 
7 the costs associated with statutorily required payment of 
8 the normal cost of the Organizational Unit's teacher 
9 pensions, Social Security employer contributions, and 
10 Illinois Municipal Retirement Fund employer contributions.
11  "English learner" or "EL" means a child included in the 
12 definition of "English learners" under Section 14C-2 of 
13 this Code participating in a program of transitional 
14 bilingual education or a transitional program of 
15 instruction meeting the requirements and program 
16 application procedures of Article 14C of this Code. For the 
17 purposes of collecting the number of EL students enrolled, 
18 the same collection and calculation methodology as defined 
19 above for "ASE" shall apply to English learners.
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 
 
 
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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 
 
 
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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 
 
 
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1 within an Organizational Unit.
2  "Local Capacity" is defined in paragraph (1) of 
3 subsection (c) of this Section.
4  "Local Capacity Percentage" is defined in subparagraph 
5 (A) of paragraph (2) of subsection (c) of this Section.
6  "Local Capacity Ratio" is defined in subparagraph (B) 
7 of paragraph (2) of subsection (c) of this Section.
8  "Local Capacity Target" is defined in paragraph (2) of 
9 subsection (c) of this Section.
10  "Low-Income Count" means, for an Organizational Unit 
11 in a fiscal year, the higher of the average number of 
12 students for the prior school year or the immediately 
13 preceding 3 school years who, as of July 1 of the 
14 immediately preceding fiscal year (as determined by the 
15 Department of Human Services), are eligible for at least 
16 one of the following low income programs: Medicaid, the 
17 Children's Health Insurance Program, TANF, or the 
18 Supplemental Nutrition Assistance Program, excluding 
19 pupils who are eligible for services provided by the 
20 Department of Children and Family Services. Until such time 
21 that grade level low-income populations become available, 
22 grade level low-income populations shall be determined by 
23 applying the low-income percentage to total student 
24 enrollments by grade level. The low-income percentage is 
25 determined by dividing the Low-Income Count by the Average 
26 Student Enrollment.
 
 
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1  "Maintenance and operations" means custodial services, 
2 facility and ground maintenance, facility operations, 
3 facility security, routine facility repairs, and other 
4 similar services and functions.
5  "Minimum Funding Level" is defined in paragraph (9) of 
6 subsection (g) of this Section.
7  "New Property Tax Relief Pool Funds" means, for any 
8 given fiscal year, all State funds appropriated under 
9 Section 2-3.170 of the School Code. 
10  "New State Funds" means, for a given school year, all 
11 State funds appropriated for Evidence-Based Funding in 
12 excess of the amount needed to fund the Base Funding 
13 Minimum for all Organizational Units in that school year.
14  "Net State Contribution Target" means, for a given 
15 school year, the amount of State funds that would be 
16 necessary to fully meet the Adequacy Target of an 
17 Operational Unit minus the Preliminary Resources available 
18 to each unit.
19  "Nurse" means an individual licensed as a certified 
20 school nurse, in accordance with the rules established for 
21 nursing services by the State Board, who is an employee of 
22 and is available to provide health care-related services 
23 for students of an Organizational Unit.
24  "Operating Tax Rate" means the rate utilized in the 
25 previous year to extend property taxes for all purposes, 
26 except, Bond and Interest, Summer School, Rent, Capital 
 
 
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1 Improvement, and Vocational Education Building purposes. 
2 For Hybrid Districts, the Operating Tax Rate shall be the 
3 combined elementary and high school rates utilized in the 
4 previous year to extend property taxes for all purposes, 
5 except, Bond and Interest, Summer School, Rent, Capital 
6 Improvement, and Vocational Education Building purposes. 
7  "Organizational Unit" means a Laboratory School, an 
8 Alternative School, or any public school district that is 
9 recognized as such by the State Board and that contains 
10 elementary schools typically serving kindergarten through 
11 5th grades, middle schools typically serving 6th through 
12 8th grades, or high schools typically serving 9th through 
13 12th grades. The General Assembly acknowledges that the 
14 actual grade levels served by a particular Organizational 
15 Unit may vary slightly from what is typical.
16  "Organizational Unit CWI" is determined by calculating 
17 the CWI in the region and original county in which an 
18 Organizational Unit's primary administrative office is 
19 located as set forth in this paragraph, provided that if 
20 the Organizational Unit CWI as calculated in accordance 
21 with this paragraph is less than 0.9, the Organizational 
22 Unit CWI shall be increased to 0.9. Each county's current 
23 CWI value shall be adjusted based on the CWI value of that 
24 county's neighboring Illinois counties, to create a 
25 "weighted adjusted index value". This shall be calculated 
26 by summing the CWI values of all of a county's adjacent 
 
 
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1 Illinois counties and dividing by the number of adjacent 
2 Illinois counties, then taking the weighted value of the 
3 original county's CWI value and the adjacent Illinois 
4 county average. To calculate this weighted value, if the 
5 number of adjacent Illinois counties is greater than 2, the 
6 original county's CWI value will be weighted at 0.25 and 
7 the adjacent Illinois county average will be weighted at 
8 0.75. If the number of adjacent Illinois counties is 2, the 
9 original county's CWI value will be weighted at 0.33 and 
10 the adjacent Illinois county average will be weighted at 
11 0.66. The greater of the county's current CWI value and its 
12 weighted adjusted index value shall be used as the 
13 Organizational Unit CWI.
14  "Preceding Tax Year" means the property tax levy year 
15 immediately preceding the Base Tax Year.
16  "Preceding Tax Year's Extension" means the product of 
17 the equalized assessed valuation utilized by the county 
18 clerk in the Preceding Tax Year multiplied by the Operating 
19 Tax Rate. 
20  "Preliminary Percent of Adequacy" is defined in 
21 paragraph (2) of subsection (f) of this Section.
22  "Preliminary Resources" is defined in paragraph (2) of 
23 subsection (f) of this Section.
24  "Principal" means a school administrator duly endorsed 
25 to be employed as a principal in this State.
26  "Professional development" means training programs for 
 
 
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1 licensed staff in schools, including, but not limited to, 
2 programs that assist in implementing new curriculum 
3 programs, provide data focused or academic assessment data 
4 training to help staff identify a student's weaknesses and 
5 strengths, target interventions, improve instruction, 
6 encompass instructional strategies for English learner, 
7 gifted, or at-risk students, address inclusivity, cultural 
8 sensitivity, or implicit bias, or otherwise provide 
9 professional support for licensed staff.
10  "Prototypical" means 450 special education 
11 pre-kindergarten and kindergarten through grade 5 students 
12 for an elementary school, 450 grade 6 through 8 students 
13 for a middle school, and 600 grade 9 through 12 students 
14 for a high school.
15  "PTELL" means the Property Tax Extension Limitation 
16 Law.
17  "PTELL EAV" is defined in paragraph (4) of subsection 
18 (d) of this Section.
19  "Pupil support staff" means a nurse, psychologist, 
20 social worker, family liaison personnel, or other staff 
21 member who provides support to at-risk or struggling 
22 students.
23  "Real Receipts" is defined in paragraph (1) of 
24 subsection (d) of this Section.
25  "Regionalization Factor" means, for a particular 
26 Organizational Unit, the figure derived by dividing the 
 
 
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1 Organizational Unit CWI by the Statewide Weighted CWI.
2  "School site staff" means the primary school secretary 
3 and any additional clerical personnel assigned to a school.
4  "Special education" means special educational 
5 facilities and services, as defined in Section 14-1.08 of 
6 this Code.
7  "Special Education Allocation" means the amount of an 
8 Organizational Unit's final Adequacy Target attributable 
9 to special education divided by the Organizational Unit's 
10 final Adequacy Target, the product of which shall be 
11 multiplied by the amount of new funding received pursuant 
12 to this Section. An Organizational Unit's final Adequacy 
13 Target attributable to special education shall include all 
14 special education investment adequacy elements. 
15  "Specialist teacher" means a teacher who provides 
16 instruction in subject areas not included in core subjects, 
17 including, but not limited to, art, music, physical 
18 education, health, driver education, career-technical 
19 education, and such other subject areas as may be mandated 
20 by State law or provided by an Organizational Unit.
21  "Specially Funded Unit" means an Alternative School, 
22 safe school, Department of Juvenile Justice school, 
23 special education cooperative or entity recognized by the 
24 State Board as a special education cooperative, 
25 State-approved charter school, or alternative learning 
26 opportunities program that received direct funding from 
 
 
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1 the State Board during the 2016-2017 school year through 
2 any of the funding sources included within the calculation 
3 of the Base Funding Minimum or Glenwood Academy.
4  "Supplemental Grant Funding" means supplemental 
5 general State aid funding received by an Organization Unit 
6 during the 2016-2017 school year pursuant to subsection (H) 
7 of Section 18-8.05 of this Code. 
8  "State Adequacy Level" is the sum of the Adequacy 
9 Targets of all Organizational Units.
10  "State Board" means the State Board of Education.
11  "State Superintendent" means the State Superintendent 
12 of Education.
13  "Statewide Weighted CWI" means a figure determined by 
14 multiplying each Organizational Unit CWI times the ASE for 
15 that Organizational Unit creating a weighted value, 
16 summing all Organizational Unit's weighted values, and 
17 dividing by the total ASE of all Organizational Units, 
18 thereby creating an average weighted index.
19  "Student activities" means non-credit producing 
20 after-school programs, including, but not limited to, 
21 clubs, bands, sports, and other activities authorized by 
22 the school board of the Organizational Unit.
23  "Substitute teacher" means an individual teacher or 
24 teaching assistant who is employed by an Organizational 
25 Unit and is temporarily serving the Organizational Unit on 
26 a per diem or per period-assignment basis replacing another 
 
 
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1 staff member.
2  "Summer school" means academic and enrichment programs 
3 provided to students during the summer months outside of 
4 the regular school year.
5  "Supervisory aide" means a non-licensed staff member 
6 who helps in supervising students of an Organizational 
7 Unit, but does so outside of the classroom, in situations 
8 such as, but not limited to, monitoring hallways and 
9 playgrounds, supervising lunchrooms, or supervising 
10 students when being transported in buses serving the 
11 Organizational Unit.
12  "Target Ratio" is defined in paragraph (4) of 
13 subsection (g).
14  "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined 
15 in paragraph (3) of subsection (g).
16  "Tier 1 Aggregate Funding", "Tier 2 Aggregate 
17 Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate 
18 Funding" are defined in paragraph (1) of subsection (g). 
19 (b) Adequacy Target calculation. 
20  (1) Each Organizational Unit's Adequacy Target is the 
21 sum of the Organizational Unit's cost of providing 
22 Essential Elements, as calculated in accordance with this 
23 subsection (b), with the salary amounts in the Essential 
24 Elements multiplied by a Regionalization Factor calculated 
25 pursuant to paragraph (3) of this subsection (b).
26  (2) The Essential Elements are attributable on a pro 
 
 
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1 rata basis related to defined subgroups of the ASE of each 
2 Organizational Unit as specified in this paragraph (2), 
3 with investments and FTE positions pro rata funded based on 
4 ASE counts in excess or less than the thresholds set forth 
5 in this paragraph (2). The method for calculating 
6 attributable pro rata costs and the defined subgroups 
7 thereto are as follows: 
8   (A) Core class size investments. Each 
9 Organizational Unit shall receive the funding required 
10 to support that number of FTE core teacher positions as 
11 is needed to keep the respective class sizes of the 
12 Organizational Unit to the following maximum numbers:
13    (i) For grades kindergarten through 3, the 
14 Organizational Unit shall receive funding required 
15 to support one FTE core teacher position for every 
16 15 Low-Income Count students in those grades and 
17 one FTE core teacher position for every 20 
18 non-Low-Income Count students in those grades.
19    (ii) For grades 4 through 12, the 
20 Organizational Unit shall receive funding required 
21 to support one FTE core teacher position for every 
22 20 Low-Income Count students in those grades and 
23 one FTE core teacher position for every 25 
24 non-Low-Income Count students in those grades.
25   The number of non-Low-Income Count students in a 
26 grade shall be determined by subtracting the 
 
 
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1 Low-Income students in that grade from the ASE of the 
2 Organizational Unit for that grade.
3   (B) Specialist teacher investments. Each 
4 Organizational Unit shall receive the funding needed 
5 to cover that number of FTE specialist teacher 
6 positions that correspond to the following 
7 percentages: 
8    (i) if the Organizational Unit operates an 
9 elementary or middle school, then 20.00% of the 
10 number of the Organizational Unit's core teachers, 
11 as determined under subparagraph (A) of this 
12 paragraph (2); and
13    (ii) if such Organizational Unit operates a 
14 high school, then 33.33% of the number of the 
15 Organizational Unit's core teachers. 
16   (C) Instructional facilitator investments. Each 
17 Organizational Unit shall receive the funding needed 
18 to cover one FTE instructional facilitator position 
19 for every 200 combined ASE of pre-kindergarten 
20 children with disabilities and all kindergarten 
21 through grade 12 students of the Organizational Unit.
22   (D) Core intervention teacher (tutor) investments. 
23 Each Organizational Unit shall receive the funding 
24 needed to cover one FTE teacher position for each 
25 prototypical elementary, middle, and high school.
26   (E) Substitute teacher investments. Each 
 
 
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1 Organizational Unit shall receive the funding needed 
2 to cover substitute teacher costs that is equal to 
3 5.70% of the minimum pupil attendance days required 
4 under Section 10-19 of this Code for all full-time 
5 equivalent core, specialist, and intervention 
6 teachers, school nurses, special education teachers 
7 and instructional assistants, instructional 
8 facilitators, and summer school and extended-day 
9 teacher positions, as determined under this paragraph 
10 (2), at a salary rate of 33.33% of the average salary 
11 for grade K through 12 teachers and 33.33% of the 
12 average salary of each instructional assistant 
13 position.
14   (F) Core guidance counselor investments. Each 
15 Organizational Unit shall receive the funding needed 
16 to cover one FTE guidance counselor for each 450 
17 combined ASE of pre-kindergarten children with 
18 disabilities and all kindergarten through grade 5 
19 students, plus one FTE guidance counselor for each 250 
20 grades 6 through 8 ASE middle school students, plus one 
21 FTE guidance counselor for each 250 grades 9 through 12 
22 ASE high school students.
23   (G) Nurse investments. Each Organizational Unit 
24 shall receive the funding needed to cover one FTE nurse 
25 for each 750 combined ASE of pre-kindergarten children 
26 with disabilities and all kindergarten through grade 
 
 
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1 12 students across all grade levels it serves.
2   (H) Supervisory aide investments. Each 
3 Organizational Unit shall receive the funding needed 
4 to cover one FTE for each 225 combined ASE of 
5 pre-kindergarten children with disabilities and all 
6 kindergarten through grade 5 students, plus one FTE for 
7 each 225 ASE middle school students, plus one FTE for 
8 each 200 ASE high school students.
9   (I) Librarian investments. Each Organizational 
10 Unit shall receive the funding needed to cover one FTE 
11 librarian for each prototypical elementary school, 
12 middle school, and high school and one FTE aide or 
13 media technician for every 300 combined ASE of 
14 pre-kindergarten children with disabilities and all 
15 kindergarten through grade 12 students.
16   (J) Principal investments. Each Organizational 
17 Unit shall receive the funding needed to cover one FTE 
18 principal position for each prototypical elementary 
19 school, plus one FTE principal position for each 
20 prototypical middle school, plus one FTE principal 
21 position for each prototypical high school.
22   (K) Assistant principal investments. Each 
23 Organizational Unit shall receive the funding needed 
24 to cover one FTE assistant principal position for each 
25 prototypical elementary school, plus one FTE assistant 
26 principal position for each prototypical middle 
 
 
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1 school, plus one FTE assistant principal position for 
2 each prototypical high school.
3   (L) School site staff investments. Each 
4 Organizational Unit shall receive the funding needed 
5 for one FTE position for each 225 ASE of 
6 pre-kindergarten children with disabilities and all 
7 kindergarten through grade 5 students, plus one FTE 
8 position for each 225 ASE middle school students, plus 
9 one FTE position for each 200 ASE high school students.
10   (M) Gifted investments. Each Organizational Unit 
11 shall receive $40 per kindergarten through grade 12 
12 ASE.
13   (N) Professional development investments. Each 
14 Organizational Unit shall receive $125 per student of 
15 the combined ASE of pre-kindergarten children with 
16 disabilities and all kindergarten through grade 12 
17 students for trainers and other professional 
18 development-related expenses for supplies and 
19 materials.
20   (O) Instructional material investments. Each 
21 Organizational Unit shall receive $190 per student of 
22 the combined ASE of pre-kindergarten children with 
23 disabilities and all kindergarten through grade 12 
24 students to cover instructional material costs.
25   (P) Assessment investments. Each Organizational 
26 Unit shall receive $25 per student of the combined ASE 
 
 
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1 of pre-kindergarten children with disabilities and all 
2 kindergarten through grade 12 students student to 
3 cover assessment costs.
4   (Q) Computer technology and equipment investments. 
5 Each Organizational Unit shall receive $285.50 per 
6 student of the combined ASE of pre-kindergarten 
7 children with disabilities and all kindergarten 
8 through grade 12 students to cover computer technology 
9 and equipment costs. For the 2018-2019 school year and 
10 subsequent school years, Tier 1 and Tier 2 
11 Organizational Units selected by the State Board 
12 through a request for proposals process shall, upon the 
13 State Board's approval of an Organizational Unit's 
14 one-to-one computing technology plan, receive an 
15 additional $285.50 per student of the combined ASE of 
16 pre-kindergarten children with disabilities and all 
17 kindergarten through grade 12 students to cover 
18 computer technology and equipment costs. The State 
19 Board may establish additional requirements for 
20 Organizational Unit expenditures of funds received 
21 pursuant to this subparagraph (Q). It is the intent of 
22 this amendatory Act of the 100th General Assembly that 
23 all Tier 1 and Tier 2 districts that apply for the 
24 technology grant receive the addition to their 
25 Adequacy Target, subject to compliance with the 
26 requirements of the State Board.
 
 
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1   (R) Student activities investments. Each 
2 Organizational Unit shall receive the following 
3 funding amounts to cover student activities: $100 per 
4 kindergarten through grade 5 ASE student in elementary 
5 school, plus $200 per ASE student in middle school, 
6 plus $675 per ASE student in high school.
7   (S) Maintenance and operations investments. Each 
8 Organizational Unit shall receive $1,038 per student 
9 of the combined ASE of pre-kindergarten children with 
10 disabilities and all kindergarten through grade 12 for 
11 day-to-day maintenance and operations expenditures, 
12 including salary, supplies, and materials, as well as 
13 purchased services, but excluding employee benefits. 
14 The proportion of salary for the application of a 
15 Regionalization Factor and the calculation of benefits 
16 is equal to $352.92.
17   (T) Central office investments. Each 
18 Organizational Unit shall receive $742 per student of 
19 the combined ASE of pre-kindergarten children with 
20 disabilities and all kindergarten through grade 12 
21 students to cover central office operations, including 
22 administrators and classified personnel charged with 
23 managing the instructional programs, business and 
24 operations of the school district, and security 
25 personnel. The proportion of salary for the 
26 application of a Regionalization Factor and the 
 
 
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1 calculation of benefits is equal to $368.48.
2   (U) Employee benefit investments. Each 
3 Organizational Unit shall receive 30% of the total of 
4 all salary-calculated elements of the Adequacy Target, 
5 excluding substitute teachers and student activities 
6 investments, to cover benefit costs. For central 
7 office and maintenance and operations investments, the 
8 benefit calculation shall be based upon the salary 
9 proportion of each investment. If at any time the 
10 responsibility for funding the employer normal cost of 
11 teacher pensions is assigned to school districts, then 
12 that amount certified by the Teachers' Retirement 
13 System of the State of Illinois to be paid by the 
14 Organizational Unit for the preceding school year 
15 shall be added to the benefit investment. For any 
16 fiscal year in which a school district organized under 
17 Article 34 of this Code is responsible for paying the 
18 employer normal cost of teacher pensions, then that 
19 amount of its employer normal cost plus the amount for 
20 retiree health insurance as certified by the Public 
21 School Teachers' Pension and Retirement Fund of 
22 Chicago to be paid by the school district for the 
23 preceding school year that is statutorily required to 
24 cover employer normal costs and the amount for retiree 
25 health insurance shall be added to the 30% specified in 
26 this subparagraph (U). The Public School Teachers' 
 
 
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1 Pension and Retirement Fund of Chicago shall submit 
2 such information as the State Superintendent may 
3 require for the calculations set forth in this 
4 subparagraph (U). 
5   (V) Additional investments in low-income students. 
6 In addition to and not in lieu of all other funding 
7 under this paragraph (2), each Organizational Unit 
8 shall receive funding based on the average teacher 
9 salary for grades K through 12 to cover the costs of:
10    (i) one FTE intervention teacher (tutor) 
11 position for every 125 Low-Income Count students;
12    (ii) one FTE pupil support staff position for 
13 every 125 Low-Income Count students;
14    (iii) one FTE extended day teacher position 
15 for every 120 Low-Income Count students; and
16    (iv) one FTE summer school teacher position 
17 for every 120 Low-Income Count students.
18   (W) Additional investments in English learner 
19 students. In addition to and not in lieu of all other 
20 funding under this paragraph (2), each Organizational 
21 Unit shall receive funding based on the average teacher 
22 salary for grades K through 12 to cover the costs of: 
23    (i) one FTE intervention teacher (tutor) 
24 position for every 125 English learner students;
25    (ii) one FTE pupil support staff position for 
26 every 125 English learner students;
 
 
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1    (iii) one FTE extended day teacher position 
2 for every 120 English learner students;
3    (iv) one FTE summer school teacher position 
4 for every 120 English learner students; and
5    (v) one FTE core teacher position for every 100 
6 English learner students. 
7   (X) Special education investments. Each 
8 Organizational Unit shall receive funding based on the 
9 average teacher salary for grades K through 12 to cover 
10 special education as follows: 
11    (i) one FTE teacher position for every 141 
12 combined ASE of pre-kindergarten children with 
13 disabilities and all kindergarten through grade 12 
14 students;
15    (ii) one FTE instructional assistant for every 
16 141 combined ASE of pre-kindergarten children with 
17 disabilities and all kindergarten through grade 12 
18 students; and
19    (iii) one FTE psychologist position for every 
20 1,000 combined ASE of pre-kindergarten children 
21 with disabilities and all kindergarten through 
22 grade 12 students. 
23  (3) For calculating the salaries included within the 
24 Essential Elements, the State Superintendent shall 
25 annually calculate average salaries to the nearest dollar 
26 using the employment information system data maintained by 
 
 
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1 the State Board, limited to public schools only and 
2 excluding special education and vocational cooperatives, 
3 schools operated by the Department of Juvenile Justice, and 
4 charter schools, for the following positions: 
5   (A) Teacher for grades K through 8.
6   (B) Teacher for grades 9 through 12.
7   (C) Teacher for grades K through 12.
8   (D) Guidance counselor for grades K through 8.
9   (E) Guidance counselor for grades 9 through 12.
10   (F) Guidance counselor for grades K through 12.
11   (G) Social worker.
12   (H) Psychologist.
13   (I) Librarian.
14   (J) Nurse.
15   (K) Principal.
16   (L) Assistant principal. 
17  For the purposes of this paragraph (3), "teacher" 
18 includes core teachers, specialist and elective teachers, 
19 instructional facilitators, tutors, special education 
20 teachers, pupil support staff teachers, English learner 
21 teachers, extended-day teachers, and summer school 
22 teachers. Where specific grade data is not required for the 
23 Essential Elements, the average salary for corresponding 
24 positions shall apply. For substitute teachers, the 
25 average teacher salary for grades K through 12 shall apply. 
26  For calculating the salaries included within the 
 
 
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1 Essential Elements for positions not included within EIS 
2 Data, the following salaries shall be used in the first 
3 year of implementation of Evidence-Based Funding: 
4   (i) school site staff, $30,000; and
5   (ii) non-instructional assistant, instructional 
6 assistant, library aide, library media tech, or 
7 supervisory aide: $25,000. 
8  In the second and subsequent years of implementation of 
9 Evidence-Based Funding, the amounts in items (i) and (ii) 
10 of this paragraph (3) shall annually increase by the ECI. 
11  The salary amounts for the Essential Elements 
12 determined pursuant to subparagraphs (A) through (L), (S) 
13 and (T), and (V) through (X) of paragraph (2) of subsection 
14 (b) of this Section shall be multiplied by a 
15 Regionalization Factor. 
16 (c) Local capacity calculation. 
17  (1) Each Organizational Unit's Local Capacity 
18 represents an amount of funding it is assumed to contribute 
19 toward its Adequacy Target for purposes of the 
20 Evidence-Based Funding formula calculation. "Local 
21 Capacity" means either (i) the Organizational Unit's Local 
22 Capacity Target as calculated in accordance with paragraph 
23 (2) of this subsection (c) if its Real Receipts are equal 
24 to or less than its Local Capacity Target or (ii) the 
25 Organizational Unit's Adjusted Local Capacity, as 
26 calculated in accordance with paragraph (3) of this 
 
 
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1 subsection (c) if Real Receipts are more than its Local 
2 Capacity Target.
3  (2) "Local Capacity Target" means, for an 
4 Organizational Unit, that dollar amount that is obtained by 
5 multiplying its Adequacy Target by its Local Capacity 
6 Ratio. 
7   (A) An Organizational Unit's Local Capacity 
8 Percentage is the conversion of the Organizational 
9 Unit's Local Capacity Ratio, as such ratio is 
10 determined in accordance with subparagraph (B) of this 
11 paragraph (2), into a normal curve equivalent score to 
12 determine each Organizational Unit's relative position 
13 to all other Organizational Units in this State. The 
14 calculation of Local Capacity Percentage is described 
15 in subparagraph (C) of this paragraph (2).
16   (B) An Organizational Unit's Local Capacity Ratio 
17 in a given year is the percentage obtained by dividing 
18 its Adjusted EAV or PTELL EAV, whichever is less, by 
19 its Adequacy Target, with the resulting ratio further 
20 adjusted as follows: 
21    (i) for Organizational Units serving grades 
22 kindergarten through 12 and Hybrid Districts, no 
23 further adjustments shall be made;
24    (ii) for Organizational Units serving grades 
25 kindergarten through 8, the ratio shall be 
26 multiplied by 9/13;
 
 
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1    (iii) for Organizational Units serving grades 
2 9 through 12, the Local Capacity Ratio shall be 
3 multiplied by 4/13; and
4    (iv) for an Organizational Unit with a 
5 different grade configuration than those specified 
6 in items (i) through (iii) of this subparagraph 
7 (B), the State Superintendent shall determine a 
8 comparable adjustment based on the grades served. 
9   (C) Local Capacity Percentage converts each 
10 Organizational Unit's Local Capacity Ratio to a normal 
11 curve equivalent score to determine each 
12 Organizational Unit's relative position to all other 
13 Organizational Units in this State. The Local Capacity 
14 Percentage normal curve equivalent score for each 
15 Organizational Unit shall be calculated using the 
16 standard normal distribution of the score in relation 
17 to the weighted mean and weighted standard deviation 
18 and Local Capacity Ratios of all Organizational Units. 
19 If the value assigned to any Organizational Unit is in 
20 excess of 90%, the value shall be adjusted to 90%. For 
21 Laboratory Schools, the Local Capacity Percentage 
22 shall be set at 10% in
recognition of the absence of 
23 EAV and resources from the public university that are 
24 allocated to
the Laboratory School. The weighted mean 
25 for the Local Capacity Percentage shall be determined 
26 by multiplying each Organizational Unit's Local 
 
 
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1 Capacity Ratio times the ASE for the unit creating a 
2 weighted value, summing the weighted values of all 
3 Organizational Units, and dividing by the total ASE of 
4 all Organizational Units. The weighted standard 
5 deviation shall be determined by taking the square root 
6 of the weighted variance of all Organizational Units' 
7 Local Capacity Ratio, where the variance is calculated 
8 by squaring the difference between each unit's Local 
9 Capacity Ratio and the weighted mean, then multiplying 
10 the variance for each unit times the ASE for the unit 
11 to create a weighted variance for each unit, then 
12 summing all units' weighted variance and dividing by 
13 the total ASE of all units.
14   (D) For any Organizational Unit, the 
15 Organizational Unit's Adjusted Local Capacity Target 
16 shall be reduced by either (i) the school board's 
17 remaining contribution pursuant to paragraph (ii) of 
18 subsection (b-4) of Section 16-158 of the Illinois 
19 Pension Code in a given year, or (ii) the board of 
20 education's remaining contribution pursuant to 
21 paragraph (iv) of subsection (b) of Section 17-129 of 
22 the Illinois Pension Code absent the employer normal 
23 cost portion of the required contribution and amount 
24 allowed pursuant to subdivision (3) of Section 
25 17-142.1 of the Illinois Pension Code in a given year. 
26 In the preceding sentence, item (i) shall be certified 
 
 
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1 to the State Board of Education by the Teachers' 
2 Retirement System of the State of Illinois and item 
3 (ii) shall be certified to the State Board of Education 
4 by the Public School Teachers' Pension and Retirement 
5 Fund of the City of Chicago. 
6  (3) If an Organizational Unit's Real Receipts are more 
7 than its Local Capacity Target, then its Local Capacity 
8 shall equal an Adjusted Local Capacity Target as calculated 
9 in accordance with this paragraph (3). The Adjusted Local 
10 Capacity Target is calculated as the sum of the 
11 Organizational Unit's Local Capacity Target and its Real 
12 Receipts Adjustment. The Real Receipts Adjustment equals 
13 the Organizational Unit's Real Receipts less its Local 
14 Capacity Target, with the resulting figure multiplied by 
15 the Local Capacity Percentage.
16  As used in this paragraph (3), "Real Percent of 
17 Adequacy" means the sum of an Organizational Unit's Real 
18 Receipts, CPPRT, and Base Funding Minimum, with the 
19 resulting figure divided by the Organizational Unit's 
20 Adequacy Target. 
21 (d) Calculation of Real Receipts, EAV, and Adjusted EAV for 
22purposes of the Local Capacity calculation. 
23  (1) An Organizational Unit's Real Receipts are the 
24 product of its Applicable Tax Rate and its Adjusted EAV. An 
25 Organizational Unit's Applicable Tax Rate is its Adjusted 
26 Operating Tax Rate for property within the Organizational 
 
 
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1 Unit.
2  (2) The State Superintendent shall calculate the 
3 Equalized Assessed Valuation, or EAV, of all taxable 
4 property of each Organizational Unit as of September 30 of 
5 the previous year in accordance with paragraph (3) of this 
6 subsection (d). The State Superintendent shall then 
7 determine the Adjusted EAV of each Organizational Unit in 
8 accordance with paragraph (4) of this subsection (d), which 
9 Adjusted EAV figure shall be used for the purposes of 
10 calculating Local Capacity.
11  (3) To calculate Real Receipts and EAV, the Department 
12 of Revenue shall supply to the State Superintendent the 
13 value as equalized or assessed by the Department of Revenue 
14 of all taxable property of every Organizational Unit, 
15 together with (i) the applicable tax rate used in extending 
16 taxes for the funds of the Organizational Unit as of 
17 September 30 of the previous year and (ii) the limiting 
18 rate for all Organizational Units subject to property tax 
19 extension limitations as imposed under PTELL. 
20   (A) The Department of Revenue shall add to the 
21 equalized assessed value of all taxable property of 
22 each Organizational Unit situated entirely or 
23 partially within a county that is or was subject to the 
24 provisions of Section 15-176 or 15-177 of the Property 
25 Tax Code (i) an amount equal to the total amount by 
26 which the homestead exemption allowed under Section 
 
 
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1 15-176 or 15-177 of the Property Tax Code for real 
2 property situated in that Organizational Unit exceeds 
3 the total amount that would have been allowed in that 
4 Organizational Unit if the maximum reduction under 
5 Section 15-176 was (I) $4,500 in Cook County or $3,500 
6 in all other counties in tax year 2003 or (II) $5,000 
7 in all counties in tax year 2004 and thereafter and 
8 (ii) an amount equal to the aggregate amount for the 
9 taxable year of all additional exemptions under 
10 Section 15-175 of the Property Tax Code for owners with 
11 a household income of $30,000 or less. The county clerk 
12 of any county that is or was subject to the provisions 
13 of Section 15-176 or 15-177 of the Property Tax Code 
14 shall annually calculate and certify to the Department 
15 of Revenue for each Organizational Unit all homestead 
16 exemption amounts under Section 15-176 or 15-177 of the 
17 Property Tax Code and all amounts of additional 
18 exemptions under Section 15-175 of the Property Tax 
19 Code for owners with a household income of $30,000 or 
20 less. It is the intent of this subparagraph (A) that if 
21 the general homestead exemption for a parcel of 
22 property is determined under Section 15-176 or 15-177 
23 of the Property Tax Code rather than Section 15-175, 
24 then the calculation of EAV shall not be affected by 
25 the difference, if any, between the amount of the 
26 general homestead exemption allowed for that parcel of 
 
 
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1 property under Section 15-176 or 15-177 of the Property 
2 Tax Code and the amount that would have been allowed 
3 had the general homestead exemption for that parcel of 
4 property been determined under Section 15-175 of the 
5 Property Tax Code. It is further the intent of this 
6 subparagraph (A) that if additional exemptions are 
7 allowed under Section 15-175 of the Property Tax Code 
8 for owners with a household income of less than 
9 $30,000, then the calculation of EAV shall not be 
10 affected by the difference, if any, because of those 
11 additional exemptions.
12   (B) With respect to any part of an Organizational 
13 Unit within a redevelopment project area in respect to 
14 which a municipality has adopted tax increment 
15 allocation financing pursuant to the Tax Increment 
16 Allocation Redevelopment Act, Division 74.4 of the 
17 Illinois Municipal Code, or the Industrial Jobs 
18 Recovery Law, Division 74.6 of the Illinois Municipal 
19 Code, no part of the current EAV of real property 
20 located in any such project area which is attributable 
21 to an increase above the total initial EAV of such 
22 property shall be used as part of the EAV of the 
23 Organizational Unit, until such time as all 
24 redevelopment project costs have been paid, as 
25 provided in Section 11-74.4-8 of the Tax Increment 
26 Allocation Redevelopment Act or in Section 11-74.6-35 
 
 
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1 of the Industrial Jobs Recovery Law. For the purpose of 
2 the EAV of the Organizational Unit, the total initial 
3 EAV or the current EAV, whichever is lower, shall be 
4 used until such time as all redevelopment project costs 
5 have been paid.
6   (C) For Organizational Units that are Hybrid 
7 Districts, the State Superintendent shall use the 
8 lesser of the equalized assessed valuation for 
9 property within the partial elementary unit district 
10 for elementary purposes, as defined in Article 11E of 
11 this Code, or the equalized assessed valuation for 
12 property within the partial elementary unit district 
13 for high school purposes, as defined in Article 11E of 
14 this Code. 
15  (4) An Organizational Unit's Adjusted EAV shall be the 
16 average of its EAV over the immediately preceding 3 years 
17 or its EAV in the immediately preceding year if the EAV in 
18 the immediately preceding year has declined by 10% or more 
19 compared to the 3-year average. In the event of 
20 Organizational Unit reorganization, consolidation, or 
21 annexation, the Organizational Unit's Adjusted EAV for the 
22 first 3 years after such change shall be as follows: the 
23 most current EAV shall be used in the first year, the 
24 average of a 2-year EAV or its EAV in the immediately 
25 preceding year if the EAV declines by 10% or more compared 
26 to the 2-year average for the second year, and a 3-year 
 
 
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1 average EAV or its EAV in the immediately preceding year if 
2 the adjusted EAV declines by 10% or more compared to the 
3 3-year average for the third year. 
4  "PTELL EAV" means a figure calculated by the State 
5 Board for Organizational Units subject to PTELL as 
6 described in this paragraph (4) for the purposes of 
7 calculating an Organizational Unit's Local Capacity Ratio. 
8 Except as otherwise provided in this paragraph (4), for an 
9 Organizational Unit that has approved or does approve an 
10 increase in its limiting rate, the PTELL EAV of an 
11 Organizational Unit shall be equal to the product of the 
12 equalized assessed valuation last used in the calculation 
13 of general State aid under Section 18-8.05 of this Code or 
14 Evidence-Based Funding under this Section and the 
15 Organizational Unit's Extension Limitation Ratio. If an 
16 Organizational Unit has approved or does approve an 
17 increase in its limiting rate, pursuant to Section 18-190 
18 of the Property Tax Code, affecting the Base Tax Year, the 
19 PTELL EAV shall be equal to the product of the equalized 
20 assessed valuation last used in the calculation of general 
21 State aid under Section 18-8.05 of this Code or 
22 Evidence-Based Funding under this Section multiplied by an 
23 amount equal to one plus the percentage increase, if any, 
24 in the Consumer Price Index for All Urban Consumers for all 
25 items published by the United States Department of Labor 
26 for the 12-month calendar year preceding the Base Tax Year, 
 
 
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1 plus the equalized assessed valuation of new property, 
2 annexed property, and recovered tax increment value and 
3 minus the equalized assessed valuation of disconnected 
4 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, other than a Specially 
11 Funded Unit, shall be the amount of State funds distributed 
12 to the Organizational Unit during the 2016-2017 school year 
13 prior to any adjustments and specified appropriation 
14 amounts described in this paragraph (1) from the following 
15 Sections, as calculated by the State Superintendent: 
16 Section 18-8.05 of this Code (general State aid); Section 5 
17 of Article 224 of Public Act 99-524 (equity grants); 
18 Section 14-7.02b of this Code (funding for children 
19 requiring special education services); Section 14-13.01 of 
20 this Code (special education facilities and staffing), 
21 except for reimbursement of the cost of transportation 
22 pursuant to Section 14-13.01; Section 14C-12 of this Code 
23 (English learners); and Section 18-4.3 of this Code (summer 
24 school), based on an appropriation level of $13,121,600. 
25 For a school district organized under Article 34 of this 
26 Code, the Base Funding Minimum also includes (i) the funds 
 
 
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1 allocated to the school district pursuant to Section 1D-1 
2 of this Code attributable to funding programs authorized by 
3 the Sections of this Code listed in the preceding sentence; 
4 and (ii) the difference between (I) the funds allocated to 
5 the school district pursuant to Section 1D-1 of this Code 
6 attributable to the funding programs authorized by Section 
7 14-7.02 (non-public special education reimbursement), 
8 subsection (b) of Section 14-13.01 (special education 
9 transportation), Section 29-5 (transportation), Section 
10 2-3.80 (agricultural education), Section 2-3.66 (truants' 
11 alternative education), Section 2-3.62 (educational 
12 service centers), and Section 14-7.03 (special education – 
13 orphanage) of this Code and Section 15 of the Childhood 
14 Hunger Relief Act (free breakfast program) and (II) the 
15 school district's actual expenditures for its non-public 
16 special education, special education transportation, 
17 transportation programs, agricultural education, truants' 
18 alternative education, services that would otherwise be 
19 performed by a regional office of education, special 
20 education orphanage expenditures, and free breakfast, as 
21 most recently calculated and reported pursuant to 
22 subsection (f) of Section 1D-1 of this Code. For Specially 
23 Funded Units, the Base Funding Minimum shall be the total 
24 amount of State funds allotted to the Specially Funded Unit 
25 during the 2016-2017 school year. The Base Funding Minimum 
26 for Glenwood Academy shall be $625,500.
 
 
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1  (2) For the 2018-2019 and subsequent school years, the 
2 Base Funding Minimum of Organizational Units and Specially 
3 Funded Units shall be the sum of (i) the amount of 
4 Evidence-Based Funding for the prior school year and (ii) 
5 the Base Funding Minimum for the prior school year. 
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 
 
 
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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 
 
 
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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 
 
 
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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.
 
 
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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 and 
6 Specially Funded Units, excluding Glenwood Academy. 
7  (4) The Allocation Rates for Tiers 1 through 4 is 
8 determined as follows: 
9   (A) The Tier 1 Allocation Rate is 30%.
10   (B) The Tier 2 Allocation Rate is the result of the 
11 following equation: Tier 2 Aggregate Funding, divided 
12 by the sum of the Funding Gaps for all Tier 2 
13 Organizational Units, unless the result of such 
14 equation is higher than 1.0. If the result of such 
15 equation is higher than 1.0, then the Tier 2 Allocation 
16 Rate is 1.0. 
17   (C) The Tier 3 Allocation Rate is the result of the 
18 following equation: Tier 3
Aggregate Funding, divided 
19 by the sum of the Adequacy Targets of all Tier 3 
20 Organizational
Units.
21   (D) The Tier 4 Allocation Rate is the result of the 
22 following equation: Tier 4
Aggregate Funding, divided 
23 by the sum of the Adequacy Targets of all Tier 4 
24 Organizational
Units. 
25  (5) A tier's Target Ratio is determined as follows: 
26   (A) The Tier 1 Target Ratio is the ratio level that 
 
 
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1 allows for Tier 1 Aggregate Funding to be distributed 
2 with the Tier 1 Allocation Rate.
3   (B) The Tier 2 Target Ratio is 0.90.
4   (C) The Tier 3 Target Ratio is 1.0.
5  (6) If, at any point, the Tier 1 Target Ratio is 
6 greater than 90%, than all Tier 1 funding shall be 
7 allocated to Tier 2 and no Tier 1 Organizational Unit's 
8 funding may be identified.
9  (7) In the event that all Tier 2 Organizational Units 
10 receive funding at the Tier 2 Target Ratio level, any 
11 remaining New State Funds shall be allocated to Tier 3 and 
12 Tier 4 Organizational Units. 
13  (8) If any Specially Funded Units, excluding Glenwood 
14 Academy, recognized by the State Board do not qualify for 
15 direct funding following the implementation of this 
16 amendatory Act of the 100th General Assembly from any of 
17 the funding sources included within the definition of Base 
18 Funding Minimum, the unqualified portion of the Base 
19 Funding Minimum shall be transferred to one or more 
20 appropriate Organizational Units as determined by the 
21 State Superintendent based on the prior year ASE of the 
22 Organizational Units.
23  (9) The Minimum Funding Level is intended to establish 
24 a target for State funding that will keep pace with 
25 inflation and continue to advance equity through the 
26 Evidence-Based Funding formula. The target for State 
 
 
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1 funding of New Property Tax Relief Pool Funds is 
2 $50,000,000 for State fiscal year 2019 and subsequent State 
3 fiscal years. The Minimum Funding Level is equal to 
4 $350,000,000. In addition to any New State Funds, no more 
5 than $50,000,000 New Property Tax Relief Pool Funds may be 
6 counted towards the Minimum Funding Level. If the sum of 
7 New State Funds and applicable New Property Tax Relief Pool 
8 Funds are less than the Minimum Funding Level, than funding 
9 for tiers shall be reduced in the following manner:
10   (A) First, Tier 4 funding shall be reduced by an 
11 amount equal to the difference between the Minimum 
12 Funding Level and New State Funds until such time as 
13 Tier 4 funding is exhausted.
14   (B) Next, Tier 3 funding shall be reduced by an 
15 amount equal to the difference between the Minimum 
16 Funding Level and New State Funds and the reduction in 
17 Tier 4 funding until such time as Tier 3 funding is 
18 exhausted.
19   (C) Next, Tier 2 funding shall be reduced by an 
20 amount equal to the difference between the Minimum 
21 Funding level and new State Funds and the reduction 
22 Tier 4 and Tier 3.
23   (D) Finally, Tier 1 funding shall be reduced by an 
24 amount equal to the difference between the Minimum 
25 Funding level and New State Funds and the reduction in 
26 Tier 2, 3, and 4 funding. In addition, the Allocation 
 
 
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1 Rate for Tier 1 shall be reduced to a percentage equal 
2 to 50%, multiplied by the result of New State Funds 
3 divided by the Minimum Funding Level.
4  (9.5) For State fiscal year 2019 and subsequent State 
5 fiscal years, if New State Funds exceed $300,000,000, then 
6 any amount in excess of $300,000,000 shall be dedicated for 
7 purposes of Section 2-3.170 of this Code up to a maximum of 
8 $50,000,000. 
9  (10) In the event of a decrease in the amount of the 
10 appropriation for this Section in any fiscal year after 
11 implementation of this Section, the Organizational Units 
12 receiving Tier 1 and Tier 2 funding, as determined under 
13 paragraph (3) of this subsection (g), shall be held 
14 harmless by establishing a Base Funding Guarantee equal to 
15 the per pupil kindergarten through grade 12 funding 
16 received in accordance with this Section in the prior 
17 fiscal year. Reductions shall be
made to the Base Funding 
18 Minimum of Organizational Units in Tier 3 and Tier 4 on a

19 per pupil basis equivalent to the total number of the ASE 
20 in Tier 3-funded and Tier 4-funded Organizational Units 
21 divided by the total reduction in State funding. The Base

22 Funding Minimum as reduced shall continue to be applied to 
23 Tier 3 and Tier 4
Organizational Units and adjusted by the 
24 relative formula when increases in
appropriations for this 
25 Section resume. In no event may State funding reductions to

26 Organizational Units in Tier 3 or Tier 4 exceed an amount 
 
 
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1 that would be less than the
Base Funding Minimum 
2 established in the first year of implementation of this

3 Section. If additional reductions are required, all school 
4 districts shall receive a
reduction by a per pupil amount 
5 equal to the aggregate additional appropriation
reduction 
6 divided by the total ASE of all Organizational Units. 
7  (11) The State Superintendent shall make minor 
8 adjustments to the distribution formula set forth in this 
9 subsection (g) to account for the rounding of percentages 
10 to the nearest tenth of a percentage and dollar amounts to 
11 the nearest whole dollar. 
12 (h) State Superintendent administration of funding and 
13district submission requirements. 
14  (1) The State Superintendent shall, in accordance with 
15 appropriations made by the General Assembly, meet the 
16 funding obligations created under this Section.
17  (2) The State Superintendent shall calculate the 
18 Adequacy Target for each Organizational Unit and Net State 
19 Contribution Target for each Organizational Unit under 
20 this Section. The State Superintendent shall also certify 
21 the actual amounts of the New State Funds payable for each 
22 eligible Organizational Unit based on the equitable 
23 distribution calculation to the unit's treasurer, as soon 
24 as possible after such amounts are calculated, including 
25 any applicable adjusted charge-off increase. No 
26 Evidence-Based Funding shall be distributed within an 
 
 
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1 Organizational Unit without the approval of the unit's 
2 school board.
3  (3) Annually, the State Superintendent shall calculate 
4 and report to each Organizational Unit the unit's aggregate 
5 financial adequacy amount, which shall be the sum of the 
6 Adequacy Target for each Organizational Unit. The State 
7 Superintendent shall calculate and report separately for 
8 each Organizational Unit the unit's total State funds 
9 allocated for its students with disabilities. The State 
10 Superintendent shall calculate and report separately for 
11 each Organizational Unit the amount of funding and 
12 applicable FTE calculated for each Essential Element of the 
13 unit's Adequacy Target.
14  (4) Annually, the State Superintendent shall calculate 
15 and report to each Organizational Unit the amount the unit 
16 must expend on special education and bilingual education 
17 pursuant to the unit's Base Funding Minimum, Special 
18 Education Allocation, and Bilingual Education Allocation.
19  (5) Moneys distributed under this Section shall be 
20 calculated on a school year basis, but paid on a fiscal 
21 year basis, with payments beginning in August and extending 
22 through June. Unless otherwise provided, the moneys 
23 appropriated for each fiscal year shall be distributed in 
24 22 equal payments at least 2 times monthly to each 
25 Organizational Unit. The State Board shall publish a yearly 
26 distribution schedule at its meeting in June. If moneys 
 
 
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1 appropriated for any fiscal year are distributed other than 
2 monthly, the distribution shall be on the same basis for 
3 each Organizational Unit.
4  (6) Any school district that fails, for any given 
5 school year, to maintain school as required by law or to 
6 maintain a recognized school is not eligible to receive 
7 Evidence-Based Funding. In case of non-recognition of one 
8 or more attendance centers in a school district otherwise 
9 operating recognized schools, the claim of the district 
10 shall be reduced in the proportion that the enrollment in 
11 the attendance center or centers bears to the enrollment of 
12 the school district. "Recognized school" means any public 
13 school that meets the standards for recognition by the 
14 State Board. A school district or attendance center not 
15 having recognition status at the end of a school term is 
16 entitled to receive State aid payments due upon a legal 
17 claim that was filed while it was recognized.
18  (7) School district claims filed under this Section are 
19 subject to Sections 18-9 and 18-12 of this Code, except as 
20 otherwise provided in this Section.
21  (8) Each fiscal year, the State Superintendent shall 
22 calculate for each Organizational Unit an amount of its 
23 Base Funding Minimum and Evidence-Based Funding that shall 
24 be deemed attributable to the provision of special 
25 educational facilities and services, as defined in Section 
26 14-1.08 of this Code, in a manner that ensures compliance 
 
 
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1 with maintenance of State financial support requirements 
2 under the federal Individuals with Disabilities Education 
3 Act. An Organizational Unit must use such funds only for 
4 the provision of special educational facilities and 
5 services, as defined in Section 14-1.08 of this Code, and 
6 must comply with any expenditure verification procedures 
7 adopted by the State Board.
8  (9) All Organizational Units in this State must submit 
9 annual spending plans by the end of September of each year 
10 to the State Board as part of the annual budget process, 
11 which shall describe how each Organizational Unit will 
12 utilize the Base Minimum Funding and Evidence-Based 
13 funding it receives from this State under this Section with 
14 specific identification of the intended utilization of 
15 Low-Income, English learner, and special education 
16 resources. Additionally, the annual spending plans of each 
17 Organizational Unit shall describe how the Organizational 
18 Unit expects to achieve student growth and how the 
19 Organizational Unit will achieve State education goals, as 
20 defined by the State Board. The State Superintendent may, 
21 from time to time, identify additional requisites for 
22 Organizational Units to satisfy when compiling the annual 
23 spending plans required under this subsection (h). The 
24 format and scope of annual spending plans shall be 
25 developed by the State Superintendent in conjunction with 
26 the Professional Review Panel.
 
 
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1  (10) No later than January 1, 2018, the State 
2 Superintendent shall develop a 5-year strategic plan for 
3 all Organizational Units to help in planning for adequacy 
4 funding under this Section. The State Superintendent shall 
5 submit the plan to the Governor and the General Assembly, 
6 as provided in Section 3.1 of the General Assembly 
7 Organization Act. The plan shall include recommendations 
8 for: 
9   (A) a framework for collaborative, professional, 
10 innovative, and 21st century learning environments 
11 using the Evidence-Based Funding model;
12   (B) ways to prepare and support this State's 
13 educators for successful instructional careers;
14   (C) application and enhancement of the current 
15 financial accountability measures, the approved State 
16 plan to comply with the federal Every Student Succeeds 
17 Act, and the Illinois Balanced Accountability Measures 
18 in relation to student growth and elements of the 
19 Evidence-Based Funding model; and
20   (D) implementation of an effective school adequacy 
21 funding system based on projected and recommended 
22 funding levels from the General Assembly. 
23 (i) Professional Review Panel. 
24  (1) A Professional Review Panel is created to study and 
25 review the implementation and effect of the Evidence-Based 
26 Funding model under this Section and to recommend continual 
 
 
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1 recalibration and future study topics and modifications to 
2 the Evidence-Based Funding model. The Panel shall elect a 
3 chairperson and vice chairperson by a majority vote of the 
4 Panel and shall advance recommendations based on a majority 
5 vote of the Panel. A minority opinion may also accompany 
6 any recommendation of the majority of the Panel. The Panel 
7 shall be appointed by the State Superintendent, except as 
8 otherwise provided in paragraph (2) of this subsection (i) 
9 and include the following members: 
10   (A) Two appointees that represent district 
11 superintendents, recommended by a statewide 
12 organization that represents district superintendents.
13   (B) Two appointees that represent school boards, 
14 recommended by a statewide organization that 
15 represents school boards.
16   (C) Two appointees from districts that represent 
17 school business officials, recommended by a statewide 
18 organization that represents school business 
19 officials.
20   (D) Two appointees that represent school 
21 principals, recommended by a statewide organization 
22 that represents school principals.
23   (E) Two appointees that represent teachers, 
24 recommended by a statewide organization that 
25 represents teachers.
26   (F) Two appointees that represent teachers, 
 
 
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1 recommended by another statewide organization that 
2 represents teachers.
3   (G) Two appointees that represent regional 
4 superintendents of schools, recommended by 
5 organizations that represent regional superintendents.
6   (H) Two independent experts selected solely by the 
7 State Superintendent.
8   (I) Two independent experts recommended by public 
9 universities in this State.
10   (J) One member recommended by a statewide 
11 organization that represents parents.
12   (K) Two representatives recommended by collective 
13 impact organizations that represent major metropolitan 
14 areas or geographic areas in Illinois.
15   (L) One member from a statewide organization 
16 focused on research-based education policy to support 
17 a school system that prepares all students for college, 
18 a career, and democratic citizenship. 
19   (M) One representative from a school district 
20 organized under Article 34 of this Code. 
21  The State Superintendent shall ensure that the 
22 membership of the Panel includes representatives from 
23 school districts and communities reflecting the 
24 geographic, socio-economic, racial, and ethnic diversity 
25 of this State. The State Superintendent shall additionally 
26 ensure that the membership of the Panel includes 
 
 
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1 representatives with expertise in bilingual education and 
2 special education. Staff from the State Board shall staff 
3 the Panel. 
4  (2) In addition to those Panel members appointed by the 
5 State Superintendent, 4 members of the General Assembly 
6 shall be appointed as follows: one member of the House of 
7 Representatives appointed by the Speaker of the House of 
8 Representatives, one member of the Senate appointed by the 
9 President of the Senate, one member of the House of 
10 Representatives appointed by the Minority Leader of the 
11 House of Representatives, and one member of the Senate 
12 appointed by the Minority Leader of the Senate. There shall 
13 be one additional member appointed by the Governor. All 
14 members appointed by legislative leaders or the Governor 
15 shall be non-voting, ex officio members.
16  (3) On an annual basis, the State Superintendent shall 
17 recalibrate the following per pupil elements of the 
18 Adequacy Target and applied to the formulas, based on the 
19 Panel's study of average expenses as reported in the most 
20 recent annual financial report: 
21   (A) gifted under subparagraph (M) of paragraph (2) 
22 of subsection (b) of this Section;
23   (B) instructional materials under subparagraph (O) 
24 of paragraph (2) of subsection (b) of this Section;
25   (C) assessment under subparagraph (P) of paragraph 
26 (2) of subsection (b) of this Section;
 
 
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1   (D) student activities under subparagraph (R) of 
2 paragraph (2) of subsection (b) of this Section;
3   (E) maintenance and operations under subparagraph 
4 (S) of paragraph (2) of subsection (b) of this Section; 
5 and
6   (F) central office under subparagraph (T) of 
7 paragraph (2) of subsection (b) of this Section. 
8  (4) On a periodic basis, the Panel shall study all the 
9 following elements and make recommendations to the State 
10 Board, the General Assembly, and the Governor for 
11 modification of this Section: 
12   (A) The format and scope of annual spending plans 
13 referenced in paragraph (9) of subsection (h) of this 
14 Section.
15   (B) The Comparable Wage Index under this Section, 
16 to be studied by the Panel and reestablished by the 
17 State Superintendent every 5 years.
18   (C) Maintenance and operations. Within 5 years 
19 after the implementation of this Section, the Panel 
20 shall make recommendations for the further study of 
21 maintenance and operations costs, including capital 
22 maintenance costs, and recommend any additional 
23 reporting data required from Organizational Units.
24   (D) "At-risk student" definition. Within 5 years 
25 after the implementation of this Section, the Panel 
26 shall make recommendations for the further study and 
 
 
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1 determination of an "at-risk student" definition. 
2 Within 5 years after the implementation of this 
3 Section, the Panel shall evaluate and make 
4 recommendations regarding adequate funding for poverty 
5 concentration under the Evidence-Based Funding model.
6   (E) Benefits. Within 5 years after the 
7 implementation of this Section, the Panel shall make 
8 recommendations for further study of benefit costs.
9   (F) Technology. The per pupil target for 
10 technology shall be reviewed every 3 years to determine 
11 whether current allocations are sufficient to develop 
12 21st century learning in all classrooms in this State 
13 and supporting a one-to-one technological device 
14 program in each school. Recommendations shall be made 
15 no later than 3 years after the implementation of this 
16 Section.
17   (G) Local Capacity Target. Within 3 years after the 
18 implementation of this Section, the Panel shall make 
19 recommendations for any additional data desired to 
20 analyze possible modifications to the Local Capacity 
21 Target, to be based on measures in addition to solely 
22 EAV and to be completed within 5 years after 
23 implementation of this Section.
24   (H) Funding for Alternative Schools, Laboratory 
25 Schools, safe schools, and alternative learning 
26 opportunities programs. By the beginning of the 
 
 
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1 2021-2022 school year, the Panel shall study and make 
2 recommendations regarding the funding levels for 
3 Alternative Schools, Laboratory Schools, safe schools, 
4 and alternative learning opportunities programs in 
5 this State.
6   (I) Funding for college and career acceleration 
7 strategies. By the beginning of the 2021-2022 school 
8 year, the Panel shall study and make recommendations 
9 regarding funding levels to support college and career 
10 acceleration strategies in high school that have been 
11 demonstrated to result in improved secondary and 
12 postsecondary outcomes, including Advanced Placement, 
13 dual-credit opportunities, and college and career 
14 pathway systems.
15   (J) Special education investments. By the 
16 beginning of the 2021-2022 school year, the Panel shall 
17 study and make recommendations on whether and how to 
18 account for disability types within the special 
19 education funding category. 
20   (K) Early childhood investments. In collaboration 
21 with the Illinois Early Learning Council, the Panel 
22 shall include an analysis of what level of Preschool 
23 for All Children funding would be necessary to serve 
24 all children ages 0 through 5 years in the 
25 highest-priority service tier, as specified in 
26 paragraph (4.5) of subsection (a) of Section 2-3.71 of 
 
 
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1 this Code, and an analysis of the potential cost 
2 savings that that level of Preschool for All Children 
3 investment would have on the kindergarten through 
4 grade 12 system.
5  (5) Within 5 years after the implementation of this 
6 Section, the Panel shall complete an evaluative study of 
7 the entire Evidence-Based Funding model, including an 
8 assessment of whether or not the formula is achieving State 
9 goals. The Panel shall report to the State Board, the 
10 General Assembly, and the Governor on the findings of the 
11 study.
12  (6) Within 3 years after the implementation of this 
13 Section, the Panel shall evaluate and provide 
14 recommendations to the Governor and the General Assembly on 
15 the hold-harmless provisions of this Section found in the 
16 Base Funding Minimum. 
17 (j) References. Beginning July 1, 2017, references in other 
18laws to general State aid funds or calculations under Section 
1918-8.05 of this Code shall be deemed to be references to 
20evidence-based model formula funds or calculations under this 
21Section. 




22 (105 ILCS 5/18-9) (from Ch. 122, par. 18-9)



23 Sec. 18-9. Requirement for special equalization and 
24supplementary
State aid. If property comprising an aggregate 
25assessed valuation equal to 6% or
more
of the total assessed 
 
 
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1valuation of all taxable property in a school district is
owned 
2by a
person or corporation that is the subject of bankruptcy 
3proceedings or that has
been
adjudged bankrupt and, as a result 
4thereof, has not paid taxes on the
property, then the
district 
5may amend its general State aid or evidence-based funding claim 
6(i) back to the inception of the
bankruptcy,
not to exceed 6 
7years, in which time those taxes were not paid and (ii) for

8each
succeeding year that those taxes remain unpaid, by adding 
9to the claim an
amount
determined by multiplying the assessed 
10valuation of the property on which taxes
have not
been paid due 
11to the bankruptcy by the lesser of the total tax rate for the

12district for the
tax year for which the taxes are unpaid or the 
13applicable rate used in
calculating the
district's general 
14State aid under paragraph (3) of subsection (D) of Section

1518-8.05 of
this Code or evidence-based funding under Section

1618-8.15 of
this Code, as applicable. If at any time a district 
17that receives additional State aid under
this Section receives 
18tax revenue from the property for the years that taxes were not

19paid, the
district's next claim for State aid shall be reduced 
20in an amount equal to the
taxes paid on
the property, not to 
21exceed the additional State aid received under this Section.

22Claims under this Section shall be filed on forms prescribed by 
23the
State
Superintendent of Education, and the State 
24Superintendent of Education, upon
receipt of
a claim, shall 
25adjust the claim in accordance with the provisions of this 
26Section.
Supplementary State aid for each succeeding year under 
 
 
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1this Section
shall be paid
beginning with the first general 
2State aid or evidence-based funding claim paid after the 
3district has
filed a
completed claim in accordance with this 
4Section.

5(Source: P.A. 95-496, eff. 8-28-07.)




6 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)



7 Sec. 18-12. Dates for filing State aid claims. The school 
8board of
each school district, a regional office of education, 
9a laboratory school, or a State-authorized charter school shall 
10require teachers, principals, or
superintendents to furnish 
11from records kept by them such data as it
needs in preparing 
12and certifying to the State Superintendent of Education
its 
13report of claims provided in Section
18-8.05 of this Code. The 
14claim
shall be based on the latest available equalized assessed 
15valuation and tax
rates, as provided in Section 18-8.05 or 
1618-8.15, shall use the average
daily
attendance as determined 
17by the method outlined in Section 18-8.05 or 18-8.15,
and shall 
18be
certified and filed with the State Superintendent of 
19Education by June 21
for districts and State-authorized charter 
20schools with an
official
school calendar end date before June 
2115 or within 2 weeks following the
official school calendar end 
22date for districts, regional offices of education, laboratory 
23schools, or State-authorized charter schools with a school year 
24end date
of June 15 or later.
Failure to
so file by these 
25deadlines constitutes a forfeiture of the right
to
receive 
 
 
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1payment by
the State until such claim is filed. The
State 
2Superintendent of Education shall voucher
for payment those 
3claims to the State Comptroller as provided in Section 18-11.

4 Except as otherwise provided in this Section, if any school 
5district
fails to provide the minimum school term specified
in 
6Section 10-19, the State aid claim for that year shall be 
7reduced by the
State Superintendent of Education in an amount 
8equivalent to 1/176 or .56818% for
each day less than the 
9number of days required by this Code.

10 If
the State Superintendent of Education determines that 
11the failure
to
provide the minimum school term was occasioned 
12by an act or acts of God, or
was occasioned by conditions 
13beyond the control of the school district
which posed a 
14hazardous threat to the health and safety of pupils, the
State 
15aid claim need not be reduced.

16 If a school district is precluded from providing the 
17minimum hours of instruction required for a full day of 
18attendance due to an adverse weather condition or a condition 
19beyond the control of the school district that poses a 
20hazardous threat to the health and safety of students, then the 
21partial day of attendance may be counted if (i) the school 
22district has provided at least one hour of instruction prior to 
23the closure of the school district, (ii) a school building has 
24provided at least one hour of instruction prior to the closure 
25of the school building, or (iii) the normal start time of the 
26school district is delayed.
 
 
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1 If, prior to providing any instruction, a school district 
2must close one or more but not all school buildings after 
3consultation with a local emergency response agency or due to a 
4condition beyond the control of the school district, then the 
5school district may claim attendance for up to 2 school days 
6based on the average attendance of the 3 school days 
7immediately preceding the closure of the affected school 
8building or, if approved by the State Board of Education, 
9utilize the provisions of an e-learning program for the 
10affected school building as prescribed in Section 10-20.56 of 
11this Code. The partial or no day of attendance described in 
12this Section and the reasons therefore shall be certified 
13within a month of the closing or delayed start by the school 
14district superintendent to the regional superintendent of 
15schools for forwarding to the State Superintendent of Education 
16for approval. 

17 Other than the utilization of any e-learning days as 
18prescribed in Section 10-20.56 of this Code, no exception to 
19the requirement of providing a minimum school term may
be 
20approved by the State Superintendent of Education pursuant to 
21this Section
unless a school district has first used all 
22emergency days provided for
in its regular calendar.

23 If the State Superintendent of Education declares that an 
24energy
shortage exists during any part of the school year for 
25the State or a
designated portion of the State, a district may 
26operate the school
attendance centers within the district 4 
 
 
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1days of the week during the
time of the shortage by extending 
2each existing school day by one clock
hour of school work, and 
3the State aid claim shall not be reduced, nor
shall the 
4employees of that district suffer any reduction in salary or

5benefits as a result thereof. A district may operate all 
6attendance
centers on this revised schedule, or may apply the 
7schedule to selected
attendance centers, taking into 
8consideration such factors as pupil
transportation schedules 
9and patterns and sources of energy for
individual attendance 
10centers.

11 Electronically submitted State aid claims shall be 
12submitted by
duly authorized district individuals over a secure 
13network
that is password protected. The electronic submission 
14of a State aid
claim must be accompanied with an affirmation 
15that all of the provisions
of Sections 18-8.05, 10-22.5, and 
1624-4 of this Code are
met in all respects.

17(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16.)


18 (105 ILCS 5/26-16)
19 Sec. 26-16. Graduation incentives program.

20 (a) The General Assembly finds that it is critical to 
21provide options for children to succeed in school. The purpose 
22of this Section is to provide incentives for and encourage all 
23Illinois students who have experienced or are experiencing 
24difficulty in the traditional education system to enroll in 
25alternative programs.
 
 
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1 (b) Any student who is below the age of 20 years is 
2eligible to enroll in a graduation incentives program if he or 
3she:
4  (1) is considered a dropout pursuant to Section 26-2a 
5 of this Code;
6  (2) has been suspended or expelled pursuant to Section 
7 10-22.6 or 34-19 of
this Code;
8  (3) is pregnant or is a parent;
9  (4) has been assessed as chemically dependent; or
10  (5) is enrolled in a bilingual education or LEP 
11 program.
12 (c) The following programs qualify as graduation 
13incentives programs for students meeting the criteria 
14established in this Section:
15  (1) Any public elementary or secondary education 
16 graduation incentives program established by a school 
17 district or by a regional office of education.
18  (2) Any alternative learning opportunities program 
19 established pursuant to Article 13B of this Code.
20  (3) Vocational or job training courses approved by the 
21 State Superintendent of Education that are available 
22 through the Illinois public community college system. 
23 Students may apply for reimbursement of 50% of tuition 
24 costs for one course per semester or a maximum of 3 courses 
25 per school year. Subject to available funds, students may 
26 apply for reimbursement of up to 100% of tuition costs upon 
 
 
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1 a showing of employment within 6 months after completion of 
2 a vocational or job training program. The qualifications 
3 for reimbursement shall be established by the State 
4 Superintendent of Education by rule.
5  (4) Job and career programs approved by the State 
6 Superintendent of Education that are available through 
7 Illinois-accredited private business and vocational 
8 schools. Subject to available funds, pupils may apply for 
9 reimbursement of up to 100% of tuition costs upon a showing 
10 of employment within 6 months after completion of a job or 
11 career program. The State Superintendent of Education 
12 shall establish, by rule, the qualifications for 
13 reimbursement, criteria for determining reimbursement 
14 amounts, and limits on reimbursement.
15  (5) Adult education courses that offer preparation for 
16 high school equivalency testing.
17 (d) Graduation incentives programs established by school 
18districts are entitled to claim general State aid and 
19evidence-based funding, subject to Sections 13B-50, 13B-50.5, 
20and 13B-50.10 of this Code. Graduation incentives programs 
21operated by regional offices of education are entitled to 
22receive general State aid and evidence-based funding at the 
23foundation level of support per pupil enrolled. A school 
24district must ensure that its graduation incentives program 
25receives supplemental general State aid, transportation 
26reimbursements, and special education resources, if 
 
 
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1appropriate, for students enrolled in the program.

2(Source: P.A. 98-718, eff. 1-1-15.)




3 (105 ILCS 5/27-6) (from Ch. 122, par. 27-6)



4 Sec. 27-6. Courses in physical education required; special 
5activities. 

6 (a) Pupils enrolled in the public schools and State 
7universities engaged in
preparing teachers shall be required to 
8engage
daily during the school day, except on block scheduled 
9days for those public schools engaged in block scheduling, in 
10courses of physical education for such
periods as are

11compatible with the optimum growth and developmental needs of

12individuals at the various age levels except when appropriate 
13excuses
are submitted to the school by a pupil's parent or 
14guardian or by a person
licensed under the Medical Practice Act 
15of 1987 and except as provided in
subsection (b) of this 
16Section. A school board may determine the schedule or frequency 
17of physical education courses, provided that a pupil engages in 
18a course of physical education for a minimum of 3 days per 
195-day week. 

20 Special activities in physical education shall be provided 
21for pupils
whose physical or emotional condition, as determined 
22by a person licensed
under the Medical Practice Act of 1987, 
23prevents their participation in the
courses provided for normal 
24children.

25 (b) A school board is authorized to excuse pupils enrolled

 
 
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1in grades 11 and 12 from engaging in physical education courses 
2if those
pupils request to be excused for any of the following 
3reasons: (1) for
ongoing participation in an interscholastic

4athletic program; (2) to enroll in academic classes which are 
5required for
admission to an institution of higher learning, 
6provided that failure to
take such classes will result in the 
7pupil being denied admission to the
institution of his or her 
8choice; or (3) to enroll in academic classes
which are required 
9for graduation from high school, provided that failure to
take 
10such classes will result in the pupil being unable to graduate. 
11A school
board may also excuse pupils in grades 9 through 12 
12enrolled in a marching band
program for credit from engaging in 
13physical education courses if those pupils
request to be 
14excused for ongoing participation in such marching band

15program. A school board may also, on a case-by-case basis, 
16excuse pupils in grades 7 through 12 who participate in an 
17interscholastic or extracurricular athletic program from 
18engaging in physical education courses. In addition, a pupil
in 
19any of grades 3 through 12 who is eligible for special 
20education may be excused if the pupil's parent or guardian 
21agrees that the pupil
must utilize the time set aside for 
22physical education to receive special education support and 
23services or, if there is no agreement, the individualized 
24education program team for the pupil determines that the pupil 
25must utilize the time set aside for physical education to 
26receive special education support and services, which 
 
 
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1agreement or determination must be made a part of the 
2individualized education program. However, a pupil requiring 
3adapted physical education must receive that service in 
4accordance with the individualized education program developed 
5for the pupil. If requested, a school board is authorized to 
6excuse a pupil from engaging in a physical education course if 
7the pupil has an individualized educational program under 
8Article 14 of this Code, is participating in an adaptive 
9athletic program outside of the school setting, and documents 
10such participation as determined by the school board. A school 
11board may also excuse pupils in grades 9 through 12 enrolled
in 
12a Reserve Officer's Training Corps (ROTC) program sponsored by 
13the school
district from engaging in physical education 
14courses.
School boards which choose to exercise this authority 
15shall establish a policy
to excuse pupils on an individual 
16basis.

17 (c) The provisions of this Section are subject to the 
18provisions of
Section 27-22.05.

19(Source: P.A. 98-116, eff. 7-29-13.)




20 (105 ILCS 5/27-7) (from Ch. 122, par. 27-7)



21 Sec. 27-7. Physical education course of study.
A physical 
22education course of study shall include a developmentally 
23planned and sequential curriculum that fosters the development 
24of movement skills, enhances health-related fitness, increases 
25students' knowledge, offers direct opportunities to learn how 
 
 
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1to work cooperatively in a group setting, and encourages 
2healthy habits and attitudes for a healthy lifestyle. A 
3physical education course of study shall provide students with 
4an opportunity for an appropriate amount of daily physical 
5activity. A physical education course of study must be part of 
6the regular school curriculum and not extra-curricular in 
7nature or organization.

8 The State Board of Education
shall prepare and make

9available guidelines for the various grades and types of 
10schools in
order to make effective the purposes set forth in 
11this Section and the
requirements provided in Section 27-6, and 
12shall see that the general
provisions and intent of Sections 
1327-5 to 27-9, inclusive, are
enforced.

14(Source: P.A. 94-189, eff. 7-12-05; 94-200, eff. 7-12-05.)


15 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
16 Sec. 27-8.1. Health examinations and immunizations. 
17 (1) In compliance with rules and regulations which the 
18Department of Public
Health shall promulgate, and except as 
19hereinafter provided, all children in
Illinois shall have a 
20health examination as follows: within one year prior to

21entering kindergarten or the first grade of any public, 
22private, or parochial
elementary school; upon entering the 
23sixth and ninth grades of any public,
private, or parochial 
24school; prior to entrance into any public, private, or

25parochial nursery school; and, irrespective of grade, 
 
 
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1immediately prior to or
upon entrance into any public, private, 
2or parochial school or nursery school,
each child shall present 
3proof of having been examined in accordance with this
Section 
4and the rules and regulations promulgated hereunder. Any child 
5who received a health examination within one year prior to 
6entering the fifth grade for the 2007-2008 school year is not 
7required to receive an additional health examination in order 
8to comply with the provisions of Public Act 95-422 when he or 
9she attends school for the 2008-2009 school year, unless the 
10child is attending school for the first time as provided in 
11this paragraph. 
12 A tuberculosis skin test screening shall be included as a 
13required part of
each health examination included under this 
14Section if the child resides in an
area designated by the 
15Department of Public Health as having a high incidence
of 
16tuberculosis. Additional health examinations of pupils, 
17including eye examinations, may be required when deemed 
18necessary by school
authorities. Parents are encouraged to have 
19their children undergo eye examinations at the same points in 
20time required for health
examinations.
21 (1.5) In compliance with rules adopted by the Department of 
22Public Health and except as otherwise provided in this Section, 
23all children in kindergarten and the second and sixth grades of 
24any public, private, or parochial school shall have a dental 
25examination. Each of these children shall present proof of 
26having been examined by a dentist in accordance with this 
 
 
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1Section and rules adopted under this Section before May 15th of 
2the school year. If a child in the second or sixth grade fails 
3to present proof by May 15th, the school may hold the child's 
4report card until one of the following occurs: (i) the child 
5presents proof of a completed dental examination or (ii) the 
6child presents proof that a dental examination will take place 
7within 60 days after May 15th. The Department of Public Health 
8shall establish, by rule, a waiver for children who show an 
9undue burden or a lack of access to a dentist. Each public, 
10private, and parochial school must give notice of this dental 
11examination requirement to the parents and guardians of 
12students at least 60 days before May 15th of each school year.

13 (1.10) Except as otherwise provided in this Section, all 
14children enrolling in kindergarten in a public, private, or 
15parochial school on or after the effective date of this 
16amendatory Act of the 95th General Assembly and any student 
17enrolling for the first time in a public, private, or parochial 
18school on or after the effective date of this amendatory Act of 
19the 95th General Assembly shall have an eye examination. Each 
20of these children shall present proof of having been examined 
21by a physician licensed to practice medicine in all of its 
22branches or a licensed optometrist within the previous year, in 
23accordance with this Section and rules adopted under this 
24Section, before October 15th of the school year. If the child 
25fails to present proof by October 15th, the school may hold the 
26child's report card until one of the following occurs: (i) the 
 
 
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1child presents proof of a completed eye examination or (ii) the 
2child presents proof that an eye examination will take place 
3within 60 days after October 15th. The Department of Public 
4Health shall establish, by rule, a waiver for children who show 
5an undue burden or a lack of access to a physician licensed to 
6practice medicine in all of its branches who provides eye 
7examinations or to a licensed optometrist. Each public, 
8private, and parochial school must give notice of this eye 
9examination requirement to the parents and guardians of 
10students in compliance with rules of the Department of Public 
11Health. Nothing in this Section shall be construed to allow a 
12school to exclude a child from attending because of a parent's 
13or guardian's failure to obtain an eye examination for the 
14child.

15 (2) The Department of Public Health shall promulgate rules 
16and regulations
specifying the examinations and procedures 
17that constitute a health examination, which shall include an 
18age-appropriate developmental screening, an age-appropriate 
19social and emotional screening, and the collection of data 
20relating to obesity
(including at a minimum, date of birth, 
21gender, height, weight, blood pressure, and date of exam),
and 
22a dental examination and may recommend by rule that certain 
23additional examinations be performed.
The rules and 
24regulations of the Department of Public Health shall specify 
25that
a tuberculosis skin test screening shall be included as a 
26required part of each
health examination included under this 
 
 
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1Section if the child resides in an area
designated by the 
2Department of Public Health as having a high incidence of

3tuberculosis.
With respect to the developmental screening and 
4the social and emotional screening, the Department of Public 
5Health must develop rules and appropriate revisions to the 
6Child Health Examination form in conjunction with a statewide 
7organization representing school boards; a statewide 
8organization representing pediatricians; statewide 
9organizations representing individuals holding Illinois 
10educator licenses with school support personnel endorsements, 
11including school social workers, school psychologists, and 
12school nurses; a statewide organization representing 
13children's mental health experts; a statewide organization 
14representing school principals; the Director of Healthcare and 
15Family Services or his or her designee, the State 
16Superintendent of Education or his or her designee; and 
17representatives of other appropriate State agencies and, at a 
18minimum, must recommend the use of validated screening tools 
19appropriate to the child's age or grade, and, with regard to 
20the social and emotional screening, require recording only 
21whether or not the screening was completed. The rules shall 
22take into consideration the screening recommendations of the 
23American Academy of Pediatrics and must be consistent with the 
24State Board of Education's social and emotional learning 
25standards. The Department of Public Health shall specify that a 
26diabetes
screening as defined by rule shall be included as a 
 
 
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1required part of each
health examination.
Diabetes testing is 
2not required.
3 Physicians licensed to practice medicine in all of its 
4branches, licensed advanced
practice nurses, or licensed 
5physician assistants shall be
responsible for the performance 
6of the health examinations, other than dental
examinations, eye 
7examinations, and vision and hearing screening, and shall sign 
8all report forms
required by subsection (4) of this Section 
9that pertain to those portions of
the health examination for 
10which the physician, advanced practice nurse, or
physician 
11assistant is responsible.
If a registered
nurse performs any 
12part of a health examination, then a physician licensed to

13practice medicine in all of its branches must review and sign 
14all required
report forms. Licensed dentists shall perform all 
15dental examinations and
shall sign all report forms required by 
16subsection (4) of this Section that
pertain to the dental 
17examinations. Physicians licensed to practice medicine
in all 
18its branches or licensed optometrists shall perform all eye 
19examinations
required by this Section and shall sign all report 
20forms required by
subsection (4) of this Section that pertain 
21to the eye examination. For purposes of this Section, an eye 
22examination shall at a minimum include history, visual acuity, 
23subjective refraction to best visual acuity near and far, 
24internal and external examination, and a glaucoma evaluation, 
25as well as any other tests or observations that in the 
26professional judgment of the doctor are necessary. Vision and

 
 
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1hearing screening tests, which shall not be considered 
2examinations as that
term is used in this Section, shall be 
3conducted in accordance with rules and
regulations of the 
4Department of Public Health, and by individuals whom the

5Department of Public Health has certified.
In these rules and 
6regulations, the Department of Public Health shall
require that 
7individuals conducting vision screening tests give a child's

8parent or guardian written notification, before the vision 
9screening is
conducted, that states, "Vision screening is not a 
10substitute for a
complete eye and vision evaluation by an eye 
11doctor. Your child is not
required to undergo this vision 
12screening if an optometrist or
ophthalmologist has completed 
13and signed a report form indicating that
an examination has 
14been administered within the previous 12 months."
15 (2.5) With respect to the developmental screening and the 
16social and emotional screening portion of the health 
17examination, each child may present proof of having been 
18screened in accordance with this Section and the rules adopted 
19under this Section before October 15th of the school year. With 
20regard to the social and emotional screening only, the 
21examining health care provider shall only record whether or not 
22the screening was completed. If the child fails to present 
23proof of the developmental screening or the social and 
24emotional screening portions of the health examination by 
25October 15th of the school year, qualified school support 
26personnel may, with a parent's or guardian's consent, offer the 
 
 
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1developmental screening or the social and emotional screening 
2to the child. Each public, private, and parochial school must 
3give notice of the developmental screening and social and 
4emotional screening requirements to the parents and guardians 
5of students in compliance with the rules of the Department of 
6Public Health. Nothing in this Section shall be construed to 
7allow a school to exclude a child from attending because of a 
8parent's or guardian's failure to obtain a developmental 
9screening or a social and emotional screening for the child. 
10Once a developmental screening or a social and emotional 
11screening is completed and proof has been presented to the 
12school, the school may, with a parent's or guardian's consent, 
13make available appropriate school personnel to work with the 
14parent or guardian, the child, and the provider who signed the 
15screening form to obtain any appropriate evaluations and 
16services as indicated on the form and in other information and 
17documentation provided by the parents, guardians, or provider.
18 (3) Every child shall, at or about the same time as he or 
19she receives
a health examination required by subsection (1) of 
20this Section, present
to the local school proof of having 
21received such immunizations against
preventable communicable 
22diseases as the Department of Public Health shall
require by 
23rules and regulations promulgated pursuant to this Section and 
24the
Communicable Disease Prevention Act.
25 (4) The individuals conducting the health examination,

26dental examination, or eye examination shall record the
fact of 
 
 
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1having conducted the examination, and such additional 
2information as
required, including for a health examination

3data relating to obesity
(including at a minimum, date of 
4birth, gender, height, weight, blood pressure, and date of 
5exam), on uniform forms which the Department of Public Health 
6and the State
Board of Education shall prescribe for statewide 
7use. The examiner shall
summarize on the report form any 
8condition that he or she suspects indicates a
need for special 
9services, including for a health examination factors relating 
10to obesity. The duty to summarize on the report form does not 
11apply to social and emotional screenings. The confidentiality 
12of the information and records relating to the developmental 
13screening and the social and emotional screening shall be 
14determined by the statutes, rules, and professional ethics 
15governing the type of provider conducting the screening. The 
16individuals confirming the administration of
required 
17immunizations shall record as indicated on the form that the

18immunizations were administered.
19 (5) If a child does not submit proof of having had either 
20the health
examination or the immunization as required, then 
21the child shall be examined
or receive the immunization, as the 
22case may be, and present proof by October
15 of the current 
23school year, or by an earlier date of the current school year

24established by a school district. To establish a date before 
25October 15 of the
current school year for the health 
26examination or immunization as required, a
school district must 
 
 
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1give notice of the requirements of this Section 60 days
prior 
2to the earlier established date. If for medical reasons one or 
3more of
the required immunizations must be given after October 
415 of the current school
year, or after an earlier established 
5date of the current school year, then
the child shall present, 
6by October 15, or by the earlier established date, a
schedule 
7for the administration of the immunizations and a statement of 
8the
medical reasons causing the delay, both the schedule and 
9the statement being
issued by the physician, advanced practice 
10nurse, physician assistant,
registered nurse, or local health 
11department that will
be responsible for administration of the 
12remaining required immunizations. If
a child does not comply by 
13October 15, or by the earlier established date of
the current 
14school year, with the requirements of this subsection, then the

15local school authority shall exclude that child from school 
16until such time as
the child presents proof of having had the 
17health examination as required and
presents proof of having 
18received those required immunizations which are
medically 
19possible to receive immediately. During a child's exclusion 
20from
school for noncompliance with this subsection, the child's 
21parents or legal
guardian shall be considered in violation of 
22Section 26-1 and subject to any
penalty imposed by Section 
2326-10. This subsection (5) does not apply to dental 
24examinations, eye examinations, and the developmental 
25screening and the social and emotional screening portions of 
26the health examination. If the student is an out-of-state 
 
 
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1transfer student and does not have the proof required under 
2this subsection (5) before October 15 of the current year or 
3whatever date is set by the school district, then he or she may 
4only attend classes (i) if he or she has proof that an 
5appointment for the required vaccinations has been scheduled 
6with a party authorized to submit proof of the required 
7vaccinations. If the proof of vaccination required under this 
8subsection (5) is not submitted within 30 days after the 
9student is permitted to attend classes, then the student is not 
10to be permitted to attend classes until proof of the 
11vaccinations has been properly submitted. No school district or 
12employee of a school district shall be held liable for any 
13injury or illness to another person that results from admitting 
14an out-of-state transfer student to class that has an 
15appointment scheduled pursuant to this subsection (5). 
16 (6) Every school shall report to the State Board of 
17Education by November
15, in the manner which that agency shall 
18require, the number of children who
have received the necessary 
19immunizations and the health examination (other than a dental 
20examination or eye examination) as
required, indicating, of 
21those who have not received the immunizations and
examination 
22as required, the number of children who are exempt from health

23examination and immunization requirements on religious or 
24medical grounds as
provided in subsection (8). On or before 
25December 1 of each year, every public school district and 
26registered nonpublic school shall make publicly available the 
 
 
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1immunization data they are required to submit to the State 
2Board of Education by November 15. The immunization data made 
3publicly available must be identical to the data the school 
4district or school has reported to the State Board of 
5Education.
6 Every school shall report to the State Board of Education 
7by June 30, in the manner that the State Board requires, the 
8number of children who have received the required dental 
9examination, indicating, of those who have not received the 
10required dental examination, the number of children who are 
11exempt from the dental examination on religious grounds as 
12provided in subsection (8) of this Section and the number of 
13children who have received a waiver under subsection (1.5) of 
14this Section.
15 Every school shall report to the State Board of Education 
16by June 30, in the manner that the State Board requires, the 
17number of children who have received the required eye 
18examination, indicating, of those who have not received the 
19required eye examination, the number of children who are exempt 
20from the eye examination as provided in subsection (8) of this 
21Section, the number of children who have received a waiver 
22under subsection (1.10) of this Section, and the total number 
23of children in noncompliance with the eye examination 
24requirement.
25 The reported information under this subsection (6) shall be 
26provided to the
Department of Public Health by the State Board 
 
 
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1of Education.
2 (7) Upon determining that the number of pupils who are 
3required to be in
compliance with subsection (5) of this 
4Section is below 90% of the number of
pupils enrolled in the 
5school district, 10% of each State aid payment made
pursuant to 
6Section 18-8.05 or 18-8.15 to the school district for such year 
7may be withheld
by the State Board of Education until the 
8number of students in compliance with
subsection (5) is the 
9applicable specified percentage or higher.
10 (8) Children of parents or legal guardians who object to 
11health, dental, or eye examinations or any part thereof, to 
12immunizations, or to vision and hearing screening tests on 
13religious grounds shall not be required to undergo the 
14examinations, tests, or immunizations to which they so object 
15if such parents or legal guardians present to the appropriate 
16local school authority a signed Certificate of Religious 
17Exemption detailing the grounds for objection and the specific 
18immunizations, tests, or examinations to which they object. The 
19grounds for objection must set forth the specific religious 
20belief that conflicts with the examination, test, 
21immunization, or other medical intervention. The signed 
22certificate shall also reflect the parent's or legal guardian's 
23understanding of the school's exclusion policies in the case of 
24a vaccine-preventable disease outbreak or exposure. The 
25certificate must also be signed by the authorized examining 
26health care provider responsible for the performance of the 
 
 
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1child's health examination confirming that the provider 
2provided education to the parent or legal guardian on the 
3benefits of immunization and the health risks to the student 
4and to the community of the communicable diseases for which 
5immunization is required in this State. However, the health 
6care provider's signature on the certificate reflects only that 
7education was provided and does not allow a health care 
8provider grounds to determine a religious exemption. Those 
9receiving immunizations required under this Code shall be 
10provided with the relevant vaccine information statements that 
11are required to be disseminated by the federal National 
12Childhood Vaccine Injury Act of 1986, which may contain 
13information on circumstances when a vaccine should not be 
14administered, prior to administering a vaccine. A healthcare 
15provider may consider including without limitation the 
16nationally accepted recommendations from federal agencies such 
17as the Advisory Committee on Immunization Practices, the 
18information outlined in the relevant vaccine information 
19statement, and vaccine package inserts, along with the 
20healthcare provider's clinical judgment, to determine whether 
21any child may be more susceptible to experiencing an adverse 
22vaccine reaction than the general population, and, if so, the 
23healthcare provider may exempt the child from an immunization 
24or adopt an individualized immunization schedule. The 
25Certificate of Religious Exemption shall be created by the 
26Department of Public Health and shall be made available and 
 
 
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1used by parents and legal guardians by the beginning of the 
22015-2016 school year. Parents or legal guardians must submit 
3the Certificate of Religious Exemption to their local school 
4authority prior to entering kindergarten, sixth grade, and 
5ninth grade for each child for which they are requesting an 
6exemption. The religious objection stated need not be directed 
7by the tenets of an established religious organization. 
8However, general philosophical or moral reluctance to allow 
9physical examinations, eye examinations, immunizations, vision 
10and hearing screenings, or dental examinations does not provide 
11a sufficient basis for an exception to statutory requirements. 
12The local school authority is responsible for determining if

13the content of the Certificate of Religious Exemption

14constitutes a valid religious objection.
The local school 
15authority shall inform the parent or legal guardian of 
16exclusion procedures, in accordance with the Department's 
17rules under Part 690 of Title 77 of the Illinois Administrative 
18Code, at the time the objection is presented. 
19 If the physical condition
of the child is such that any one 
20or more of the immunizing agents should not
be administered, 
21the examining physician, advanced practice nurse, or
physician 
22assistant responsible for the performance of the
health 
23examination shall endorse that fact upon the health examination 
24form.
25 Exempting a child from the health,
dental, or eye 
26examination does not exempt the child from
participation in the 
 
 
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1program of physical education training provided in
Sections 
227-5 through 27-7 of this Code.
3 (9) For the purposes of this Section, "nursery schools" 
4means those nursery
schools operated by elementary school 
5systems or secondary level school units
or institutions of 
6higher learning.
7(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; 
899-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff. 
96-1-17.)

10 (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
11 Sec. 27-24.2. Safety education; driver education course. 
12Instruction shall be given in safety education in each of 
13grades one through 8, equivalent to one class period each week, 
14and any school district which maintains
grades 9 through 12 
15shall offer a driver education course in any such school
which 
16it operates. Its curriculum shall include content dealing with 
17Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, 
18the rules adopted pursuant to those Chapters insofar as they 
19pertain to the operation of motor vehicles, and the portions of 
20the Litter Control Act relating to the operation of motor 
21vehicles. The course of instruction given in grades 10 through 
2212 shall include an emphasis on the development of knowledge, 
23attitudes, habits, and skills necessary for the safe operation 
24of motor vehicles, including motorcycles insofar as they can be 
25taught in the classroom, and instruction on distracted driving 
 
 
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1as a major traffic safety issue. In addition, the course shall 
2include instruction on special hazards existing at and required 
3safety and driving precautions that must be observed at 
4emergency situations, highway construction and maintenance 
5zones, and railroad crossings and the approaches thereto. 
6Beginning with the 2017-2018 school year, the course shall also 
7include instruction concerning law enforcement procedures for 
8traffic stops, including a demonstration of the proper actions 
9to be taken during a traffic stop and appropriate interactions 
10with law enforcement. The course of instruction required of 
11each eligible student at the high school level shall consist of 
12a minimum of 30 clock hours of classroom instruction and a 
13minimum of 6 clock hours of individual behind-the-wheel 
14instruction in a dual control car on public roadways taught by 
15a driver education instructor endorsed by the State Board of 
16Education. Both the classroom instruction part and the practice 
17driving
part of such driver education course shall be open to a 
18resident or
non-resident student attending a non-public school 
19in the district wherein the
course is offered. Each student 
20attending any public or non-public high school
in the district 
21must receive a passing grade in at least 8 courses during the

22previous 2 semesters prior to enrolling in a driver education 
23course, or the
student shall not be permitted to enroll in the 
24course; provided that the local
superintendent of schools (with 
25respect to a student attending a public high
school in the 
26district) or chief school administrator (with respect to a

 
 
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1student attending a non-public high school in the district) may 
2waive the
requirement if the superintendent or chief school 
3administrator, as the case
may be, deems it to be in the best 
4interest of the student. A student may be allowed to commence 
5the
classroom instruction part of such driver education course 
6prior to reaching
age 15 if such student then will be eligible 
7to complete the entire course
within 12 months after being 
8allowed to commence such classroom instruction.
9 A school district may offer a driver education course in a 
10school by contracting with a commercial driver training school 
11to provide both the classroom instruction part and the practice 
12driving part or either one without having to request a 
13modification or waiver of administrative rules of the State 
14Board of Education if the school district approves the action 
15during a public hearing on whether to enter into a contract 
16with a commercial driver training school. The public hearing 
17shall be held at a regular or special school board meeting 
18prior to entering into such a contract. If a school district 
19chooses to approve a contract with a commercial driver training 
20school, then the district must provide evidence to the State 
21Board of Education that the commercial driver training school 
22with which it will contract holds a license issued by the 
23Secretary of State under Article IV of Chapter 6 of the 
24Illinois Vehicle Code and that each instructor employed by the 
25commercial driver training school to provide instruction to 
26students served by the school district holds a valid teaching 
 
 
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1license issued under the requirements of this Code and rules of 
2the State Board of Education. Such evidence must include, but 
3need not be limited to, a list of each instructor assigned to 
4teach students served by the school district, which list shall 
5include the instructor's name, personal identification number 
6as required by the State Board of Education, birth date, and 
7driver's license number. Once the contract is entered into, the 
8school district shall notify the State Board of Education of 
9any changes in the personnel providing instruction either (i) 
10within 15 calendar days after an instructor leaves the program 
11or (ii) before a new instructor is hired. Such notification 
12shall include the instructor's name, personal identification 
13number as required by the State Board of Education, birth date, 
14and driver's license number. If the school district maintains 
15an Internet website, then the district shall post a copy of the 
16final contract between the district and the commercial driver 
17training school on the district's Internet website. If no 
18Internet website exists, then the school district shall make 
19available the contract upon request. A record of all materials 
20in relation to the contract must be maintained by the school 
21district and made available to parents and guardians upon 
22request. The instructor's date of birth and driver's license 
23number and any other personally identifying information as 
24deemed by the federal Driver's Privacy Protection Act of 1994 
25must be redacted from any public materials. 
26 Such a course may be commenced immediately after the 
 
 
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1completion of a prior
course. Teachers of such courses shall 
2meet the licensure certification requirements of
this Code Act 
3and regulations of the State Board as to qualifications.
4 Subject to rules of the State Board of Education, the 
5school district may charge a reasonable fee, not to exceed $50, 
6to students who participate in the course, unless a student is 
7unable to pay for such a course, in which event the fee for 
8such a student must be waived. However, the district may 
9increase this fee to an amount not to exceed $250 by school 
10board resolution following a public hearing on the increase, 
11which increased fee must be waived for students who participate 
12in the course and are unable to pay for the course. The total 
13amount from driver education fees and reimbursement from the 
14State for driver education must not exceed the total cost of 
15the driver education program in any year and must be deposited 
16into the school district's driver education fund as a separate 
17line item budget entry. All moneys deposited into the school 
18district's driver education fund must be used solely for the 
19funding of a high school driver education program approved by 
20the State Board of Education that uses driver education 
21instructors endorsed by the State Board of Education. 
22(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17.)



23 (105 ILCS 5/27A-9)



24 Sec. 27A-9. Term of charter; renewal. 

25 (a) For charters granted before January 1, 2017 (the 
 
 
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1effective date of Public Act 99-840) this amendatory Act of the 
299th General Assembly, a charter may be granted for a period 
3not less than 5 and not
more than
10
school years. For charters 
4granted on or after January 1, 2017 (the effective date of 
5Public Act 99-840) this amendatory Act of the 99th General 
6Assembly, a charter shall be granted for a period of 5
school 
7years. For charters renewed before January 1, 2017 (the 
8effective date of Public Act 99-840) this amendatory Act of the 
999th General Assembly, a charter may be renewed in incremental 
10periods not to exceed
5
school years. For charters renewed on 
11or after January 1, 2017 (the effective date of Public Act 
1299-840) this amendatory Act of the 99th General Assembly, a 
13charter may be renewed in incremental periods not to exceed 10 
14school years; however, the Commission may renew a charter only 
15in incremental periods not to exceed 5 years. Authorizers shall 
16ensure that every charter granted on or after January 1, 2017 
17(the effective date of Public Act 99-840) this amendatory Act 
18of the 99th General Assembly includes standards and goals for 
19academic, organizational, and financial performance. A charter 
20must meet all standards and goals for academic, organizational, 
21and financial performance set forth by the authorizer in order 
22to be renewed for a term in excess of 5 years but not more than 
2310 years. If an authorizer fails to establish standards and 
24goals, a charter shall not be renewed for a term in excess of 5 
25years. Nothing contained in this Section shall require an 
26authorizer to grant a full 10-year renewal term to any 
 
 
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1particular charter school, but an authorizer may award a full 
210-year renewal term to charter schools that have a 
3demonstrated track record of improving student performance. 

4 (b) A charter school renewal proposal submitted to the

5local school board or the Commission, as the chartering entity,

6shall contain:

7  (1) A report on the progress of the charter school in 
8 achieving the goals,
objectives, pupil performance 
9 standards, content standards, and other terms of
the 
10 initial approved charter proposal; and

11  (2) A financial statement that discloses the costs of 
12 administration,
instruction, and other spending categories 
13 for the charter school that is
understandable to the 
14 general public and that will allow comparison of those

15 costs to other schools or other comparable organizations, 
16 in a format required
by the State Board.

17 (c) A charter may be revoked
or not renewed if the local 
18school board or the Commission, as the chartering
entity,

19clearly demonstrates that the
charter school did any of the

20following, or otherwise failed to comply with the requirements 
21of this law:

22  (1) Committed a material violation of any of the 
23 conditions, standards, or
procedures set forth in the 
24 charter.

25  (2) Failed to meet or make reasonable progress toward 
26 achievement of the
content standards or pupil performance 
 
 
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1 standards identified in the charter.

2  (3) Failed to meet generally accepted standards of 
3 fiscal management.

4  (4) Violated any provision of law from which the 
5 charter school was not
exempted.

6 In the case of revocation, the local school board or the 
7Commission, as the chartering entity, shall notify the charter 
8school in writing of the reason why the charter is subject to 
9revocation. The charter school shall submit a written plan to 
10the local school board or the Commission, whichever is 
11applicable, to rectify the problem. The plan shall include a 
12timeline for implementation, which shall not exceed 2 years or 
13the date of the charter's expiration, whichever is earlier. If 
14the local school board or the Commission, as the chartering 
15entity, finds that the charter school has failed to implement 
16the plan of remediation and adhere to the timeline, then the 
17chartering entity shall revoke the charter. Except in 
18situations of an emergency where the health, safety, or 
19education of the charter school's students is at risk, the 
20revocation shall take place at the end of a school year. 
21Nothing in Public Act 96-105 this amendatory Act of the 96th 
22General Assembly shall be construed to prohibit an 
23implementation timetable that is less than 2 years in duration. 
24 (d) (Blank).

25 (e) Notice of a local school board's decision to
deny, 
26revoke, or not to
renew a charter shall be provided to the 
 
 
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1Commission and the State Board.
The Commission may reverse a 
2local board's
decision
if the Commission finds
that the charter 
3school or charter school proposal (i) is in compliance with

4this Article, and (ii) is in the best interests of the students 
5it is designed
to serve.
The Commission may condition the 
6granting of an appeal on the acceptance by
the charter school 
7of funding in an amount less than that requested in the

8proposal submitted to the local school board.
Final decisions 
9of the Commission shall be subject
to judicial review under the 
10Administrative Review Law.

11 (f) Notwithstanding other provisions of this Article, if 
12the Commission
on appeal reverses a local board's decision
or 
13if a charter school is
approved by referendum,
the Commission

14shall act as the
authorized chartering entity for the charter 
15school.
The Commission shall
approve the charter and shall 
16perform all functions
under this
Article otherwise performed by 
17the local school
board. The State Board shall determine whether 
18the charter proposal approved by the Commission is consistent 
19with the provisions of this Article and, if the approved 
20proposal complies, certify the proposal pursuant to this 
21Article. The State Board shall
report the aggregate number of 
22charter school pupils resident in a school
district to that 
23district
and shall notify the district
of the amount of
funding 
24to be paid by the State Board to the charter school enrolling 
25such
students.
The Commission shall require the
charter school 
26to maintain accurate records of daily attendance that shall be

 
 
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1deemed sufficient to file claims under Section 18-8.05 or 
218-8.15 notwithstanding any
other requirements of that Section 
3regarding hours of instruction and teacher
certification.
The 
4State Board shall withhold from funds otherwise due the 
5district
the funds authorized by this Article to be paid to the 
6charter school and shall
pay such amounts to the charter 
7school.

8 (g) For charter schools authorized by the Commission, the 
9Commission shall quarterly certify to the State Board the 
10student enrollment for each of its charter schools.
11 (h) For charter schools authorized by the Commission, the 
12State Board shall pay directly to a charter school any federal 
13or State aid attributable to a student with a disability 
14attending the school. 
15(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17; 
16revised 10-27-16.)




17 (105 ILCS 5/27A-11)


18 Sec. 27A-11. Local financing. 

19 (a) For purposes of the School Code, pupils enrolled in a 
20charter school
shall be included in the pupil enrollment of the 
21school district within which
the
pupil resides. Each charter 
22school (i) shall determine the school district in
which each 
23pupil who is enrolled in the charter school resides,
(ii) shall

24report the aggregate number of pupils resident of a school 
25district who are
enrolled in the charter school to the school 
 
 
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1district in which those pupils
reside, and (iii) shall maintain 
2accurate records of daily attendance that
shall be deemed 
3sufficient to file claims under Section 18-8 or 18-8.15 
4notwithstanding
any other requirements of that Section 
5regarding hours of instruction and
teacher certification.

6 (b) Except for a charter school established by referendum 
7under Section
27A-6.5, as part of a charter school contract, 
8the charter school and the
local
school board shall agree on 
9funding and any services to be provided by the
school district 
10to the charter school.
Agreed funding that a charter school is 
11to receive from the local school
board for a school year shall 
12be paid in
equal quarterly installments with the payment of the

13installment for the first quarter being made not later than 
14July 1, unless the
charter establishes a different payment 
15schedule. However, if a charter school dismisses a pupil from 
16the charter school after receiving a quarterly payment, the 
17charter school shall return to the school district, on a 
18quarterly basis, the prorated portion of public funding 
19provided for the education of that pupil for the time the 
20student is not enrolled at the charter school. Likewise, if a 
21pupil transfers to a charter school between quarterly payments, 
22the school district shall provide, on a quarterly basis, a 
23prorated portion of the public funding to the charter school to 
24provide for the education of that pupil. 

25 All services centrally or otherwise provided by the school 
26district
including, but not limited to, rent, food services, 
 
 
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1custodial services,
maintenance,
curriculum, media services, 
2libraries, transportation, and warehousing shall be
subject to

3negotiation between a charter school and the local school board 
4and paid
for out
of the revenues negotiated pursuant to this 
5subsection (b); provided that the
local school board shall not 
6attempt, by negotiation or otherwise, to obligate
a charter 
7school to provide pupil transportation for pupils for whom a 
8district
is not required to provide transportation under the 
9criteria set forth in
subsection (a)(13) of Section 27A-7.

10 In no event shall the funding be less than 97% 75% or more 
11than 103%
125% of the
school district's per capita student 
12tuition multiplied by
the
number of students residing in the 
13district who are enrolled in the charter
school.

14 It is the intent of the General Assembly that funding and 
15service agreements
under this subsection (b) shall be neither a 
16financial incentive nor a
financial disincentive to the 
17establishment of a charter school.

18 The charter school may set and collect reasonable fees. 
19Fees collected
from students enrolled at a charter school shall 
20be retained
by the charter school.

21 (c) Notwithstanding subsection (b) of this Section, the 
22proportionate share
of State and federal resources generated by 
23students with disabilities or staff
serving them shall be 
24directed to charter schools enrolling those students by
their 
25school districts or administrative units. The proportionate 
26share of
moneys generated under other federal or State 
 
 
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1categorical aid programs shall be
directed to charter schools 
2serving students eligible for that aid.

3 (d) The governing body of a charter school is authorized to 
4accept
gifts,
donations, or grants of any kind made to the 
5charter school and to expend or
use gifts, donations, or grants 
6in accordance with the conditions prescribed by
the donor; 
7however, a gift, donation, or grant may not be accepted by the

8governing body if it is subject to any condition contrary to 
9applicable law or
contrary
to the terms of the contract between 
10the charter school and the local school
board. Charter schools 
11shall be encouraged to solicit and utilize community
volunteer 
12speakers and other instructional resources when providing 
13instruction
on the Holocaust and other historical events.

14 (e) (Blank).

15 (f) The Commission shall provide technical assistance to

16persons and groups
preparing or revising charter applications.

17 (g) At the non-renewal or revocation of its charter, each

18charter school
shall refund to the local board of education all 
19unspent funds.

20 (h) A charter school is authorized to incur temporary, 
21short
term debt to
pay operating expenses in anticipation of 
22receipt of funds from the local
school board.

23(Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; 99-78, 
24eff. 7-20-15.)


25 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
 
 
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1 Sec. 29-5. Reimbursement by State for transportation. Any 
2school
district, maintaining a school, transporting resident 
3pupils to another
school district's vocational program, 
4offered through a joint agreement
approved by the State Board 
5of Education, as provided in Section
10-22.22 or transporting 
6its resident pupils to a school which meets the
standards for 
7recognition as established by the State Board of Education

8which provides transportation meeting the standards of safety, 
9comfort,
convenience, efficiency and operation prescribed by 
10the State Board of
Education for resident pupils in 
11kindergarten or any of grades 1 through
12 who: (a) reside at 
12least 1 1/2 miles as measured by the customary route of
travel, 
13from the school attended; or (b) reside in areas where 
14conditions are
such that walking constitutes a hazard to the 
15safety of the child when
determined under Section 29-3; and (c) 
16are transported to the school attended
from pick-up points at 
17the beginning of the school day and back again at the
close of 
18the school day or transported to and from their assigned 
19attendance
centers during the school day, shall be reimbursed 
20by the State as hereinafter
provided in this Section.


21 The State will pay the cost of transporting eligible pupils 
22less the prior year
assessed valuation in a dual school 
23district maintaining secondary
grades 9 to 12 inclusive times a 
24qualifying rate of .05%; in elementary
school districts 
25maintaining grades K to 8 times a qualifying rate of
.06%; and 
26in unit districts maintaining grades K to 12, including 
 
 
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1optional elementary unit districts and combined high school - 
2unit districts, times a qualifying
rate of .07%; provided that 
3for optional elementary unit districts and combined high school -
4 unit districts, prior year assessed valuation for high school 
5purposes, as defined in Article 11E of this Code, must be used. 
6To be eligible to receive reimbursement in excess of 4/5
of the 
7cost to transport eligible pupils, a school district shall have 
8a
Transportation Fund tax rate of at least .12%. If a school 
9district
does not have a .12% Transportation Fund tax rate, the 
10amount of its
claim in excess of 4/5 of the cost of 
11transporting pupils shall be
reduced by the sum arrived at by 
12subtracting the Transportation Fund tax
rate from .12% and 
13multiplying that amount by the district's prior year districts 
14equalized or
assessed valuation, provided, that in no case 
15shall said reduction
result in reimbursement of less than 4/5 
16of the cost to transport
eligible pupils.


17 The minimum amount to be received by a district is $16 
18times the
number of eligible pupils transported.


19 When calculating the reimbursement for transportation 
20costs, the State Board of Education may not deduct the number 
21of pupils enrolled in early education programs from the number 
22of pupils eligible for reimbursement if the pupils enrolled in 
23the early education programs are transported at the same time 
24as other eligible pupils.

25 Any such district transporting resident pupils during the 
26school day
to an area vocational school or another school 
 
 
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1district's vocational
program more than 1 1/2 miles from the 
2school attended, as provided in
Sections 10-22.20a and 
310-22.22, shall be reimbursed by the State for 4/5
of the cost 
4of transporting eligible pupils.


5 School day means that period of time which the pupil is 
6required to be
in attendance for instructional purposes.


7 If a pupil is at a location within the school district 
8other than his
residence for child care purposes at the time 
9for transportation to school,
that location may be considered 
10for purposes of determining the 1 1/2 miles
from the school 
11attended.


12 Claims for reimbursement that include children who attend 
13any school
other than a public school shall show the number of 
14such children
transported.


15 Claims for reimbursement under this Section shall not be 
16paid for the
transportation of pupils for whom transportation 
17costs are claimed for
payment under other Sections of this Act.


18 The allowable direct cost of transporting pupils for 
19regular, vocational,
and special education pupil 
20transportation shall be limited to the sum of
the cost of 
21physical examinations required for employment as a school bus

22driver; the salaries of full or part-time drivers and school 
23bus maintenance
personnel; employee benefits excluding 
24Illinois municipal retirement
payments, social security 
25payments, unemployment insurance payments and
workers' 
26compensation insurance premiums; expenditures to independent

 
 
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1carriers who operate school buses; payments to other school 
2districts for
pupil transportation services; pre-approved 
3contractual expenditures for
computerized bus scheduling; the 
4cost of gasoline, oil, tires, and other
supplies necessary for 
5the operation of school buses; the cost of
converting buses' 
6gasoline engines to more fuel efficient engines or to
engines 
7which use alternative energy sources; the cost of travel to

8meetings and workshops conducted by the regional 
9superintendent or the
State Superintendent of Education 
10pursuant to the standards established by
the Secretary of State 
11under Section 6-106 of the Illinois Vehicle Code to improve the 
12driving skills of
school bus drivers; the cost of maintenance 
13of school buses including parts
and materials used; 
14expenditures for leasing transportation vehicles,
except 
15interest and service charges; the cost of insurance and 
16licenses for
transportation vehicles; expenditures for the 
17rental of transportation
equipment; plus a depreciation 
18allowance of 20% for 5 years for school
buses and vehicles 
19approved for transporting pupils to and from school and
a 
20depreciation allowance of 10% for 10 years for other 
21transportation
equipment so used.
Each school year, if a school 
22district has made expenditures to the
Regional Transportation 
23Authority or any of its service boards, a mass
transit 
24district, or an urban transportation district under an

25intergovernmental agreement with the district to provide for 
26the
transportation of pupils and if the public transit carrier 
 
 
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1received direct
payment for services or passes from a school 
2district within its service
area during the 2000-2001 school 
3year, then the allowable direct cost of
transporting pupils for 
4regular, vocational, and special education pupil

5transportation shall also include the expenditures that the 
6district has
made to the public transit carrier.
In addition to 
7the above allowable costs school
districts shall also claim all 
8transportation supervisory salary costs,
including Illinois 
9municipal retirement payments, and all transportation
related 
10building and building maintenance costs without limitation.


11 Special education allowable costs shall also include 
12expenditures for the
salaries of attendants or aides for that 
13portion of the time they assist
special education pupils while 
14in transit and expenditures for parents and
public carriers for 
15transporting special education pupils when pre-approved
by the 
16State Superintendent of Education.


17 Indirect costs shall be included in the reimbursement claim 
18for districts
which own and operate their own school buses. 
19Such indirect costs shall
include administrative costs, or any 
20costs attributable to transporting
pupils from their 
21attendance centers to another school building for

22instructional purposes. No school district which owns and 
23operates its own
school buses may claim reimbursement for 
24indirect costs which exceed 5% of
the total allowable direct 
25costs for pupil transportation.


26 The State Board of Education shall prescribe uniform 
 
 
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1regulations for
determining the above standards and shall 
2prescribe forms of cost
accounting and standards of determining 
3reasonable depreciation. Such
depreciation shall include the 
4cost of equipping school buses with the
safety features 
5required by law or by the rules, regulations and standards

6promulgated by the State Board of Education, and the Department 
7of
Transportation for the safety and construction of school 
8buses provided,
however, any equipment cost reimbursed by the 
9Department of Transportation
for equipping school buses with 
10such safety equipment shall be deducted
from the allowable cost 
11in the computation of reimbursement under this
Section in the 
12same percentage as the cost of the equipment is depreciated.


13 On or before August 15, annually, the chief school 
14administrator for
the district shall certify to the State 
15Superintendent of Education the
district's claim for 
16reimbursement for the school year ending on June 30
next 
17preceding. The State Superintendent of Education shall check 
18and
approve the claims and prepare the vouchers showing the 
19amounts due for
district reimbursement claims. Each fiscal 
20year, the State
Superintendent of Education shall prepare and 
21transmit the first 3
vouchers to the Comptroller on the 30th 
22day of September, December and
March, respectively, and the 
23final voucher, no later than June 20.


24 If the amount appropriated for transportation 
25reimbursement is insufficient
to fund total claims for any 
26fiscal year, the State Board of Education shall
reduce each 
 
 
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1school district's allowable costs and flat grant amount

2proportionately to make total adjusted claims equal the total 
3amount
appropriated.


4 For purposes of calculating claims for reimbursement under 
5this Section
for any school year beginning July 1, 1998, or 
6thereafter, the
equalized
assessed valuation for a school 
7district used to compute reimbursement
shall be computed in the 
8same manner as it is computed under paragraph (2) of
subsection 
9(G) of Section 18-8.05.


10 All reimbursements received from the State shall be 
11deposited into the
district's transportation fund or into the 
12fund from which the allowable
expenditures were made.


13 Notwithstanding any other provision of law, any school 
14district receiving
a payment under this Section or under 
15Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may 
16classify all or a portion of the funds that it
receives in a 
17particular fiscal year or from general State aid pursuant to

18Section 18-8.05 of this Code
as funds received in connection 
19with any funding program for which it is
entitled to receive 
20funds from the State in that fiscal year (including,
without 
21limitation, any funding program referenced in this Section),

22regardless of the source or timing of the receipt. The district 
23may not
classify more funds as funds received in connection 
24with the funding
program than the district is entitled to 
25receive in that fiscal year for that
program. Any

26classification by a district must be made by a resolution of 
 
 
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1its board of
education. The resolution must identify the amount 
2of any payments or
general State aid to be classified under 
3this paragraph and must specify
the funding program to which 
4the funds are to be treated as received in
connection 
5therewith. This resolution is controlling as to the

6classification of funds referenced therein. A certified copy of 
7the
resolution must be sent to the State Superintendent of 
8Education.
The resolution shall still take effect even though a 
9copy of the resolution has
not been sent to the State

10Superintendent of Education in a timely manner.
No

11classification under this paragraph by a district shall affect 
12the total amount
or timing of money the district is entitled to 
13receive under this Code.
No classification under this paragraph 
14by a district shall
in any way relieve the district from or 
15affect any
requirements that otherwise would apply with respect 
16to
that funding program, including any
accounting of funds by 
17source, reporting expenditures by
original source and purpose,

18reporting requirements,
or requirements of providing services.


19 Any school district with a population of not more than 
20500,000
must deposit all funds received under this Article into 
21the transportation
fund and use those funds for the provision 
22of transportation services.


23(Source: P.A. 95-903, eff. 8-25-08; 96-1264, eff. 1-1-11.)





24 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)



25 Sec. 34-2.3. Local school councils - Powers and duties. 
 
 
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1Each local school
council shall have and exercise, consistent 
2with the provisions of
this Article and the powers and duties 
3of
the board of education, the following powers and duties:

4 1. (A) To annually evaluate the performance of the 
5principal of the
attendance
center
using a Board approved 
6principal evaluation form, which shall include the
evaluation 
7of
(i) student academic improvement, as defined by the
school 
8improvement plan, (ii)
student absenteeism rates
at the school, 
9(iii) instructional leadership, (iv) the effective

10implementation of
programs, policies, or strategies to improve 
11student academic achievement,
(v) school management, and (vi) 
12any other factors deemed relevant by the local
school council, 
13including, without limitation, the principal's communication

14skills and ability to create and maintain a student-centered 
15learning
environment, to develop opportunities for 
16professional development, and to
encourage parental 
17involvement and community partnerships to achieve school

18improvement;

19 (B) to determine in the manner provided by subsection (c) 
20of Section
34-2.2 and subdivision 1.5 of this Section whether 
21the performance contract
of the principal shall be
renewed; and

22 (C) to directly select, in the manner provided by

23subsection (c) of
Section 34-2.2, a new principal (including a 
24new principal to fill a
vacancy)
-- without submitting any list 
25of candidates for that position to the
general superintendent 
26as provided in paragraph 2 of this Section -- to
serve under a 
 
 
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14 year performance contract; provided that (i) the 
2determination
of whether the principal's performance contract 
3is to be renewed, based upon
the evaluation required by 
4subdivision 1.5 of this Section, shall be made no
later than 
5150 days prior to the expiration of the current 
6performance-based
contract of the principal, (ii) in cases 
7where such performance
contract is not renewed -- a
direct 
8selection
of a
new principal -- to serve under a 4 year 
9performance contract shall be made by
the local school council 
10no later than 45 days prior to the expiration of the
current 
11performance contract of the principal, and (iii) a
selection by

12the local school council of a new principal to fill a vacancy 
13under a 4 year
performance contract shall be made within 90 
14days after the date such vacancy
occurs. A Council shall be 
15required, if requested by the principal, to provide
in writing 
16the reasons for the council's not renewing the principal's 
17contract.

18 1.5. The local school council's determination of whether to 
19renew the
principal's contract shall be based on an evaluation 
20to assess the educational
and administrative progress made at 
21the school during the principal's current
performance-based 
22contract. The local school council shall base its evaluation
on 
23(i) student academic improvement, as defined by the school 
24improvement plan,
(ii) student absenteeism rates at the school, 
25(iii) instructional leadership,
(iv) the effective 
26implementation of programs, policies, or strategies to
improve 
 
 
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1student academic achievement, (v) school management, and (vi) 
2any
other factors deemed relevant by the local school council, 
3including, without
limitation, the principal's communication 
4skills and ability to create and
maintain a student-centered 
5learning environment, to develop opportunities for

6professional development, and to encourage parental 
7involvement and community
partnerships to achieve school 
8improvement. If a local school council
fails to renew the 
9performance contract of a principal rated by the general

10superintendent, or his or her designee, in the previous years' 
11evaluations as
meeting or exceeding expectations, the 
12principal, within 15 days after the
local school council's 
13decision not to renew the contract, may request a review
of the

14local school council's principal non-retention decision by a 
15hearing officer
appointed by the American Arbitration 
16Association. A local school council
member or members or the 
17general superintendent may support the principal's
request for 
18review.
During the period of the hearing officer's review of 
19the local school
council's decision on
whether or not to retain 
20the principal, the local school council shall maintain
all 
21authority
to search for and contract with a person to serve
as 
22interim or acting
principal, or as the
principal of the 
23attendance center under a 4-year performance contract,

24provided that any performance contract entered into by the 
25local school council
shall be voidable
or
modified in 
26accordance with the decision of the hearing officer.
The 
 
 
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1principal may request review only once while at that
attendance 
2center. If a local school council renews the contract of a

3principal who failed to obtain a rating of "meets" or "exceeds 
4expectations" in
the general superintendent's evaluation for 
5the previous year, the general superintendent,
within 15
days 
6after the local
school council's decision to renew the 
7contract,
may request a review of
the local school council's 
8principal retention decision by a hearing officer
appointed by 
9the American Arbitration Association. The general 
10superintendent may request a review only
once
for that 
11principal at that attendance center. All requests to review the

12retention or non-retention of a principal shall be submitted to 
13the general
superintendent, who shall, in turn, forward such 
14requests, within 14 days of
receipt, to the American 
15Arbitration Association.
The general superintendent shall send 
16a contemporaneous copy of the request
that was forwarded to the 
17American Arbitration Association to the principal and
to each 
18local school council member and shall inform the local school 
19council
of its rights and responsibilities under the 
20arbitration process, including the
local school council's 
21right to representation and the manner and process by
which the 
22Board shall pay the costs of the council's representation.
If 
23the local school council retains the
principal and the general 
24superintendent requests a review of the retention
decision, the 
25local school council and the general
superintendent shall be 
26considered parties to the arbitration, a hearing officer shall

 
 
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1be
chosen between those 2
parties pursuant to procedures 
2promulgated by the State Board of Education,
and the principal 
3may retain counsel and participate in the arbitration. If the 
4local school council does not retain the principal and
the 
5principal requests a review of the retention decision, the 
6local school
council and the principal shall be considered 
7parties to the
arbitration and a hearing
officer shall be 
8chosen between those 2 parties pursuant to procedures

9promulgated by the State Board of Education.
The hearing shall 
10begin (i)
within 45 days
after the initial request for review 
11is submitted by the principal to the
general superintendent or 
12(ii) if the
initial request for
review is made by the general 
13superintendent, within 45 days after that request
is mailed
to 
14the American Arbitration Association.
The hearing officer 
15shall render a
decision within 45
days after the hearing begins 
16and within 90 days after the initial request
for review.
The 
17Board shall contract with the American
Arbitration Association 
18for all of the hearing officer's reasonable and
necessary 
19costs. In addition, the Board shall pay any reasonable costs

20incurred by a local school council for representation before a 
21hearing
officer.

22 1.10. The hearing officer shall conduct a hearing, which 
23shall include (i)
a review of the principal's performance, 
24evaluations, and other evidence of
the principal's service at 
25the school, (ii) reasons provided by the local
school council 
26for its decision, and (iii) documentation evidencing views of

 
 
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1interested persons, including,
without limitation, students, 
2parents, local school council members, school
faculty and 
3staff, the principal, the general superintendent or his or her

4designee, and members of the community. The burden of proof in 
5establishing
that the local school council's decision was 
6arbitrary and capricious shall be
on the party requesting the 
7arbitration, and this party shall sustain the
burden by a 
8preponderance of the evidence.
The hearing officer shall set 
9the
local school council decision aside if that decision, in 
10light of the record
developed at the hearing, is arbitrary and 
11capricious. The decision of the
hearing officer may not be 
12appealed to the Board or the State Board of
Education. If the 
13hearing officer decides that the principal shall be
retained, 
14the retention period shall not exceed 2 years.

15 2. In the event (i) the local school council does not renew 
16the
performance contract of the principal, or the principal 
17fails to receive a
satisfactory rating as provided in 
18subsection (h) of Section 34-8.3,
or the principal is
removed 
19for cause during the term of his or her performance contract
in 
20the manner provided by Section 34-85, or a vacancy in the 
21position
of principal otherwise occurs prior to the expiration 
22of the term of
a principal's performance contract, and (ii) the 
23local school council
fails to directly select a new principal 
24to serve under a 4 year performance
contract,
the local school 
25council in such event shall submit to the general

26superintendent a list of 3 candidates -- listed in the local 
 
 
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1school
council's order of preference -- for the position of 
2principal, one of
which shall be selected by the general 
3superintendent to serve as
principal of the attendance center. 
4If the general superintendent
fails or refuses to select one of 
5the candidates on the list to serve as
principal within 30 days 
6after being furnished with the candidate list,
the general 
7superintendent shall select and place a principal on an interim

8basis (i) for a period not to exceed one year or (ii) until the 
9local school
council selects a new principal with 7 affirmative 
10votes as
provided in subsection (c) of Section 34-2.2, 
11whichever occurs first. If the
local school council
fails or 
12refuses to select and appoint a new principal, as specified by

13subsection (c) of Section 34-2.2, the general superintendent 
14may select and
appoint a new principal on an interim basis for

15an additional year or until a new contract principal is 
16selected by the local
school council. There shall be no 
17discrimination on the basis of
race, sex, creed, color or

18disability unrelated to ability to perform in
connection with 
19the submission of candidates for, and the selection of a

20candidate to serve as principal of an attendance center. No 
21person shall
be directly selected, listed as a candidate for, 
22or selected to serve as
principal of an attendance center (i) 
23if such person has been removed for cause
from employment by 
24the Board or (ii) if such person does not hold a valid

25administrative certificate issued or exchanged under Article 
2621 and
endorsed as required by that Article for the position of 
 
 
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1principal. A
principal whose performance contract is not 
2renewed as provided under
subsection (c) of Section 34-2.2 may 
3nevertheless, if otherwise qualified
and certified as herein 
4provided
and if he or she has received a satisfactory rating as 
5provided in subsection
(h) of Section 34-8.3, be included by a 
6local school council as
one of the 3 candidates listed in order 
7of preference on any candidate list
from which one person is to 
8be selected to serve as principal of the
attendance center 
9under a new performance contract. The initial candidate
list 
10required to be submitted by a local school council to the 
11general
superintendent in cases where the local school council 
12does not renew the
performance contract of its principal and 
13does not directly select a new
principal to serve under a 4 
14year performance contract shall be submitted
not later than
30 
15days prior to the expiration of the current performance 
16contract. In
cases where the local school council fails or 
17refuses to submit the candidate
list to the general 
18superintendent no later than 30 days prior to the
expiration of 
19the incumbent principal's contract, the general superintendent

20may
appoint a principal on an interim basis for a period not to 
21exceed one year,
during which time the local school council 
22shall be able to select a new
principal with 7 affirmative 
23votes as provided in subsection (c) of Section
34-2.2. In cases 
24where a principal is removed for cause or a
vacancy otherwise 
25occurs in the position of principal and the vacancy is
not 
26filled by direct selection by the local school council, the 
 
 
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1candidate
list shall be submitted by the local school council 
2to the general
superintendent within 90 days after the date 
3such
removal or
vacancy occurs.
In cases where the local school 
4council fails or refuses to submit the
candidate list to the 
5general superintendent within 90 days after the date of
the 
6vacancy, the general superintendent may appoint a principal on 
7an interim
basis for a period of one year, during which time 
8the local school council
shall be able to select a new 
9principal with 7 affirmative votes as provided in
subsection 
10(c) of Section 34-2.2.

11 2.5. Whenever a vacancy in the office of a principal occurs 
12for any reason,
the vacancy shall be filled in the manner 
13provided by this Section by the
selection of a new principal to 
14serve under a 4 year performance contract.

15 3. To establish additional criteria
to be included as part 
16of
the
performance contract of its principal, provided that 
17such additional
criteria shall not discriminate on the basis of 
18race, sex, creed, color
or
disability unrelated to ability to 
19perform, and shall not be inconsistent
with the uniform 4 year 
20performance contract for principals developed by
the board as 
21provided in Section 34-8.1 of the School Code
or with other 
22provisions of this Article governing the
authority and 
23responsibility of principals.

24 4. To approve the expenditure plan prepared by the 
25principal with
respect to all funds allocated and distributed 
26to the attendance center by
the Board. The expenditure plan 
 
 
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1shall be administered by the principal.
Notwithstanding any 
2other provision of this Act or any other law, any
expenditure 
3plan approved and
administered under this Section 34-2.3 shall 
4be consistent with and subject to
the terms of any contract for 
5services with a third party entered into by the
Chicago School 
6Reform Board of Trustees or the board under this Act.

7 Via a supermajority vote of 7 members of the local school 
8council or 8
members of a high school local school council, the 
9Council may transfer
allocations pursuant to Section 34-2.3 
10within funds; provided that such a
transfer is consistent with 
11applicable law and
collective bargaining
agreements.

12 Beginning in fiscal year 1991 and in each fiscal year

13thereafter, the
Board may reserve up to 1% of its total fiscal 
14year budget for
distribution
on a prioritized basis to schools 
15throughout the school system in order to
assure adequate 
16programs to meet the needs of
special student populations as 
17determined by the Board. This distribution
shall take into 
18account the needs catalogued in the Systemwide Plan and the

19various local school improvement plans of the local school 
20councils.
Information about these centrally funded programs 
21shall be distributed to
the local school councils so that their 
22subsequent planning and programming
will account for these 
23provisions.

24 Beginning in fiscal year 1991 and in each fiscal year 
25thereafter, from
other amounts available in the applicable 
26fiscal year budget, the board
shall allocate a lump sum amount 
 
 
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1to each local school based upon
such formula as the board shall 
2determine taking into account the special needs
of the student 
3body. The local school
principal shall develop an expenditure 
4plan in consultation with the local
school council, the 
5professional personnel leadership
committee and with all
other 
6school personnel, which reflects the
priorities and activities 
7as described in the school's local school
improvement plan and 
8is consistent with applicable law and collective
bargaining 
9agreements and with board policies and standards; however, the

10local school council shall have the right to request waivers of 
11board policy
from the board of education and waivers of 
12employee collective bargaining
agreements pursuant to Section 
1334-8.1a. 

14 The expenditure plan developed by the principal with 
15respect to
amounts available from the fund for prioritized 
16special needs programs
and the allocated lump sum amount must 
17be approved by the local school council.

18 The lump sum allocation shall take into account the

19following principles:


20  a. Teachers: Each school shall be allocated funds equal 
21 to the
amount appropriated in the previous school year for 
22 compensation for
teachers (regular grades kindergarten 
23 through 12th grade) plus whatever
increases in 
24 compensation have been negotiated contractually or through

25 longevity as provided in the negotiated agreement. 
26 Adjustments shall be
made due to layoff or reduction in 
 
 
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1 force, lack of funds or work, change in
subject 
2 requirements, enrollment changes, or contracts with third

3 parties for the performance of services or to rectify
any 
4 inconsistencies with system-wide allocation formulas or 
5 for other
legitimate reasons.


6  b. Other personnel: Funds for other teacher 
7 certificated and
uncertificated personnel paid through 
8 non-categorical funds shall be
provided according to 
9 system-wide formulas based on student enrollment and
the 
10 special needs of the school as determined by the Board.


11  c. Non-compensation items: Appropriations for all 
12 non-compensation items
shall be based on system-wide 
13 formulas based on student enrollment and
on the special 
14 needs of the school or factors related to the physical

15 plant, including but not limited to textbooks, electronic 
16 textbooks and the technological equipment necessary to 
17 gain access to and use electronic textbooks, supplies, 
18 electricity,
equipment, and routine maintenance.


19  d. Funds for categorical programs: Schools shall 
20 receive personnel
and funds based on, and shall use such 
21 personnel and funds in accordance
with State and Federal 
22 requirements applicable to each
categorical program

23 provided to meet the special needs of the student body 
24 (including but not
limited to, Federal Chapter I, 
25 Bilingual, and Special Education).


26  d.1. Funds for State Title I: Each school shall receive

 
 
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1 funds based on State and Board requirements applicable to 
2 each State
Title I pupil provided to meet the special needs 
3 of the student body. Each
school shall receive the 
4 proportion of funds as provided in Section 18-8 or 18-8.15 
5 to
which they are entitled. These funds shall be spent only 
6 with the
budgetary approval of the Local School Council as 
7 provided in Section 34-2.3.


8  e. The Local School Council shall have the right to 
9 request the
principal to close positions and open new ones 
10 consistent with the
provisions of the local school 
11 improvement plan provided that these
decisions are 
12 consistent with applicable law and
collective bargaining

13 agreements. If a position is closed, pursuant to this 
14 paragraph, the local
school shall have for its use the 
15 system-wide average compensation for the
closed position.


16  f. Operating within existing laws and
collective 
17 bargaining agreements,
the local school council shall have 
18 the right to direct the principal to
shift expenditures 
19 within funds.


20  g. (Blank).

21 Any funds unexpended at the end of the fiscal year shall be 
22available to
the board of education for use as part of its 
23budget for the following
fiscal year.

24 5. To make recommendations to the principal concerning 
25textbook
selection and concerning curriculum developed 
26pursuant to the school
improvement plan which is consistent 
 
 
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1with systemwide curriculum objectives
in accordance with 
2Sections 34-8 and 34-18 of the School Code and in
conformity 
3with the collective bargaining agreement.

4 6. To advise the principal concerning the attendance and

5disciplinary policies for the attendance center, subject to the 
6provisions
of this Article and Article 26, and consistent with 
7the uniform system of
discipline established by the board 
8pursuant to Section 34-19.

9 7. To approve a school improvement plan developed as 
10provided in Section
34-2.4. The process and schedule for plan 
11development shall be publicized
to the entire school community, 
12and the community shall be afforded the
opportunity to make 
13recommendations concerning the plan. At least twice a
year the 
14principal and
local
school council shall report publicly on

15progress and problems with respect to plan implementation.

16 8. To evaluate the allocation of teaching resources and 
17other
certificated and uncertificated staff to the attendance 
18center to determine
whether such allocation is consistent with 
19and in furtherance of
instructional objectives and school 
20programs reflective of the school
improvement plan adopted for 
21the attendance center; and to make
recommendations to the 
22board, the general superintendent
and the
principal concerning 
23any reallocation of teaching resources
or other staff whenever 
24the council determines that any such
reallocation is 
25appropriate because the qualifications of any existing
staff at 
26the attendance center do not adequately match or support

 
 
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1instructional objectives or school programs which reflect the 
2school
improvement plan.

3 9. To make recommendations to the principal and the general 
4superintendent
concerning their respective appointments, after 
5August 31, 1989, and in the
manner provided by Section 34-8 and 
6Section 34-8.1,
of persons to fill any vacant, additional or 
7newly created
positions for teachers at the attendance center 
8or at attendance centers
which include the attendance center 
9served by the local school council.

10 10. To request of the Board the manner in which training 
11and
assistance shall be provided to the local school council. 
12Pursuant to Board
guidelines a local school council is 
13authorized to direct
the Board of Education to contract with 
14personnel or not-for-profit
organizations not associated with 
15the school district to train or assist
council members. If 
16training or assistance is provided by contract with
personnel 
17or organizations not associated with the school district, the

18period of training or assistance shall not exceed 30 hours 
19during a given
school year; person shall not be employed on a 
20continuous basis longer than
said period and shall not have 
21been employed by the Chicago Board of
Education within the 
22preceding six months. Council members shall receive
training in 
23at least the following areas:


24  1. school budgets;


25  2. educational theory pertinent to the attendance 
26 center's particular
needs, including the development of 
 
 
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1 the school improvement plan and the
principal's 
2 performance contract; and


3  3. personnel selection.

4Council members shall, to the greatest extent possible, 
5complete such
training within 90 days of election.

6 11. In accordance with systemwide guidelines contained in 
7the
System-Wide Educational Reform Goals and Objectives Plan, 
8criteria for
evaluation of performance shall be established for 
9local school councils
and local school council members. If a 
10local school council persists in
noncompliance with systemwide 
11requirements, the Board may impose sanctions
and take necessary 
12corrective action, consistent with Section 34-8.3.

13 12. Each local school council shall comply with the Open 
14Meetings Act and
the Freedom of Information Act. Each local 
15school council shall issue and
transmit to its school community 
16a detailed annual report accounting for
its activities 
17programmatically and financially. Each local school council

18shall convene at least 2 well-publicized meetings annually with 
19its entire
school community. These meetings shall include 
20presentation of the
proposed local school improvement plan, of 
21the proposed school expenditure
plan, and the annual report, 
22and shall provide an opportunity for public
comment.

23 13. Each local school council is encouraged to involve 
24additional
non-voting members of the school community in 
25facilitating the council's
exercise of its responsibilities.

26 14. The local school council may adopt a school
uniform or 
 
 
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1dress
code policy that governs the attendance center and that 
2is
necessary to maintain the orderly process of a school 
3function or prevent
endangerment of student health or safety, 
4consistent with the policies and
rules of the Board of 
5Education.
A school uniform or dress code policy adopted
by a 
6local school council: (i) shall not be applied in such manner 
7as to
discipline or deny attendance to a transfer student or 
8any other student for
noncompliance with that
policy during 
9such period of time as is reasonably necessary to enable the

10student to acquire a school uniform or otherwise comply with 
11the dress code
policy that is in effect at the attendance 
12center into which the student's
enrollment is transferred; and 
13(ii) shall include criteria and procedures under
which the 
14local school council will accommodate the needs of or otherwise

15provide
appropriate resources to assist a student from an 
16indigent family in complying
with an applicable school uniform 
17or dress code policy.
A student whose parents or legal 
18guardians object on religious grounds to the
student's 
19compliance with an applicable school uniform or dress code 
20policy
shall not be required to comply with that policy if the 
21student's parents or
legal guardians present to the local 
22school council a signed statement of
objection detailing the 
23grounds for the objection.

24 15. All decisions made and actions taken by the local 
25school council in
the exercise of its powers and duties shall 
26comply with State and federal
laws, all applicable collective 
 
 
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1bargaining agreements, court orders and
rules properly 
2promulgated by the Board.

3 15a. To grant, in accordance with board rules and policies,

4the use of assembly halls and classrooms when not otherwise 
5needed,
including lighting, heat, and attendants, for public 
6lectures, concerts, and
other educational and social 
7activities.

8 15b. To approve, in accordance with board rules and 
9policies, receipts and
expenditures for all internal accounts 
10of the
attendance center, and to approve all fund-raising 
11activities by nonschool
organizations that use the school 
12building.

13 16. (Blank).

14 17. Names and addresses of local school council members 
15shall
be a matter of public record.

16(Source: P.A. 96-1403, eff. 7-29-10.)





17 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)


18 Sec. 34-18. Powers of the board. The board shall exercise 
19general
supervision and jurisdiction over the public education 
20and the public
school system of the city, and, except as 
21otherwise provided by this
Article, shall have power:


22  1. To make suitable provision for the establishment and 
23 maintenance
throughout the year or for such portion thereof 
24 as it may direct, not
less than 9 months, of schools of all 
25 grades and kinds, including normal
schools, high schools, 
 
 
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1 night schools, schools for defectives and
delinquents, 
2 parental and truant schools, schools for the blind, the

3 deaf and persons with physical disabilities, schools or 
4 classes in manual training,
constructural and vocational 
5 teaching, domestic arts and physical
culture, vocation and 
6 extension schools and lecture courses, and all
other 
7 educational courses and facilities, including 
8 establishing,
equipping, maintaining and operating 
9 playgrounds and recreational
programs, when such programs 
10 are conducted in, adjacent to, or connected
with any public 
11 school under the general supervision and jurisdiction
of 
12 the board; provided that the calendar for the school term 
13 and any changes must be submitted to and approved by the 
14 State Board of Education before the calendar or changes may 
15 take effect, and provided that in allocating funds
from 
16 year to year for the operation of all attendance centers 
17 within the
district, the board shall ensure that 
18 supplemental general State aid or supplemental grant funds

19 are allocated and applied in accordance with Section 18-8, 
20 or 18-8.05, or 18-8.15. To
admit to such
schools without 
21 charge foreign exchange students who are participants in
an 
22 organized exchange student program which is authorized by 
23 the board.
The board shall permit all students to enroll in 
24 apprenticeship programs
in trade schools operated by the 
25 board, whether those programs are
union-sponsored or not. 
26 No student shall be refused admission into or
be excluded 
 
 
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1 from any course of instruction offered in the common 
2 schools
by reason of that student's sex. No student shall 
3 be denied equal
access to physical education and 
4 interscholastic athletic programs
supported from school 
5 district funds or denied participation in
comparable 
6 physical education and athletic programs solely by reason 
7 of
the student's sex. Equal access to programs supported 
8 from school
district funds and comparable programs will be 
9 defined in rules
promulgated by the State Board of 
10 Education in
consultation with the Illinois High School 
11 Association.
Notwithstanding any other provision of this 
12 Article, neither the board
of education nor any local 
13 school council or other school official shall
recommend 
14 that children with disabilities be placed into regular 
15 education
classrooms unless those children with 
16 disabilities are provided with
supplementary services to 
17 assist them so that they benefit from the regular
classroom 
18 instruction and are included on the teacher's regular 
19 education
class register;


20  2. To furnish lunches to pupils, to make a reasonable 
21 charge
therefor, and to use school funds for the payment of 
22 such expenses as
the board may determine are necessary in 
23 conducting the school lunch
program;


24  3. To co-operate with the circuit court;


25  4. To make arrangements with the public or quasi-public 
26 libraries
and museums for the use of their facilities by 
 
 
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1 teachers and pupils of
the public schools;


2  5. To employ dentists and prescribe their duties for 
3 the purpose of
treating the pupils in the schools, but 
4 accepting such treatment shall
be optional with parents or 
5 guardians;


6  6. To grant the use of assembly halls and classrooms 
7 when not
otherwise needed, including light, heat, and 
8 attendants, for free public
lectures, concerts, and other 
9 educational and social interests, free of
charge, under 
10 such provisions and control as the principal of the

11 affected attendance center may prescribe;


12  7. To apportion the pupils to the several schools; 
13 provided that no pupil
shall be excluded from or segregated 
14 in any such school on account of his
color, race, sex, or 
15 nationality. The board shall take into consideration
the 
16 prevention of segregation and the elimination of 
17 separation of children
in public schools because of color, 
18 race, sex, or nationality. Except that
children may be 
19 committed to or attend parental and social adjustment 
20 schools
established and maintained either for boys or girls 
21 only. All records
pertaining to the creation, alteration or 
22 revision of attendance areas shall
be open to the public. 
23 Nothing herein shall limit the board's authority to

24 establish multi-area attendance centers or other student 
25 assignment systems
for desegregation purposes or 
26 otherwise, and to apportion the pupils to the
several 
 
 
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1 schools. Furthermore, beginning in school year 1994-95, 
2 pursuant
to a board plan adopted by October 1, 1993, the 
3 board shall offer, commencing
on a phased-in basis, the 
4 opportunity for families within the school
district to 
5 apply for enrollment of their children in any attendance 
6 center
within the school district which does not have 
7 selective admission
requirements approved by the board. 
8 The appropriate geographical area in
which such open 
9 enrollment may be exercised shall be determined by the

10 board of education. Such children may be admitted to any 
11 such attendance
center on a space available basis after all 
12 children residing within such
attendance center's area 
13 have been accommodated. If the number of
applicants from 
14 outside the attendance area exceed the space available,

15 then successful applicants shall be selected by lottery. 
16 The board of
education's open enrollment plan must include 
17 provisions that allow low
income students to have access to 
18 transportation needed to exercise school
choice. Open 
19 enrollment shall be in compliance with the provisions of 
20 the
Consent Decree and Desegregation Plan cited in Section 
21 34-1.01;


22  8. To approve programs and policies for providing 
23 transportation
services to students. Nothing herein shall 
24 be construed to permit or empower
the State Board of 
25 Education to order, mandate, or require busing or other

26 transportation of pupils for the purpose of achieving 
 
 
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1 racial balance in any
school;


2  9. Subject to the limitations in this Article, to 
3 establish and
approve system-wide curriculum objectives 
4 and standards, including graduation
standards, which 
5 reflect the
multi-cultural diversity in the city and are 
6 consistent with State law,
provided that for all purposes 
7 of this Article courses or
proficiency in American Sign 
8 Language shall be deemed to constitute courses
or 
9 proficiency in a foreign language; and to employ principals 
10 and teachers,
appointed as provided in this
Article, and 
11 fix their compensation. The board shall prepare such 
12 reports
related to minimal competency testing as may be 
13 requested by the State
Board of Education, and in addition 
14 shall monitor and approve special
education and bilingual 
15 education programs and policies within the district to

16 assure that appropriate services are provided in 
17 accordance with applicable
State and federal laws to 
18 children requiring services and education in those
areas;


19  10. To employ non-teaching personnel or utilize 
20 volunteer personnel
for: (i) non-teaching duties not 
21 requiring instructional judgment or
evaluation of pupils, 
22 including library duties; and (ii) supervising study

23 halls, long distance teaching reception areas used 
24 incident to instructional
programs transmitted by 
25 electronic media such as computers, video, and audio,

26 detention and discipline areas, and school-sponsored 
 
 
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1 extracurricular
activities. The board may further utilize 
2 volunteer non-certificated
personnel or employ 
3 non-certificated personnel to
assist in the instruction of 
4 pupils under the immediate supervision of a
teacher holding 
5 a valid certificate, directly engaged in teaching
subject 
6 matter or conducting activities; provided that the teacher

7 shall be continuously aware of the non-certificated 
8 persons' activities and
shall be able to control or modify 
9 them. The general superintendent shall
determine 
10 qualifications of such personnel and shall prescribe rules 
11 for
determining the duties and activities to be assigned to 
12 such personnel;


13  10.5. To utilize volunteer personnel from a regional 
14 School Crisis
Assistance Team (S.C.A.T.), created as part 
15 of the Safe to Learn Program
established pursuant to 
16 Section 25 of the Illinois Violence Prevention Act
of 1995, 
17 to provide assistance to schools in times of violence or 
18 other
traumatic incidents within a school community by 
19 providing crisis
intervention services to lessen the 
20 effects of emotional trauma on
individuals and the 
21 community; the School Crisis Assistance Team
Steering 
22 Committee shall determine the qualifications for 
23 volunteers;


24  11. To provide television studio facilities in not to 
25 exceed one
school building and to provide programs for 
26 educational purposes,
provided, however, that the board 
 
 
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1 shall not construct, acquire, operate,
or maintain a 
2 television transmitter; to grant the use of its studio

3 facilities to a licensed television station located in the 
4 school
district; and to maintain and operate not to exceed 
5 one school radio
transmitting station and provide programs 
6 for educational purposes;


7  12. To offer, if deemed appropriate, outdoor education 
8 courses,
including field trips within the State of 
9 Illinois, or adjacent states,
and to use school educational 
10 funds for the expense of the said outdoor
educational 
11 programs, whether within the school district or not;


12  13. During that period of the calendar year not 
13 embraced within the
regular school term, to provide and 
14 conduct courses in subject matters
normally embraced in the 
15 program of the schools during the regular
school term and 
16 to give regular school credit for satisfactory
completion 
17 by the student of such courses as may be approved for 
18 credit
by the State Board of Education;


19  14. To insure against any loss or liability of the 
20 board,
the former School Board Nominating Commission, 
21 Local School Councils, the
Chicago Schools Academic 
22 Accountability Council, or the former Subdistrict
Councils 
23 or of any member, officer, agent or employee thereof, 
24 resulting
from alleged violations of civil rights arising 
25 from incidents occurring on
or after September 5, 1967 or 
26 from the wrongful or negligent act or
omission of any such 
 
 
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1 person whether occurring within or without the school

2 premises, provided the officer, agent or employee was, at 
3 the time of the
alleged violation of civil rights or 
4 wrongful act or omission, acting
within the scope of his 
5 employment or under direction of the board, the
former 
6 School
Board Nominating Commission, the Chicago Schools 
7 Academic Accountability
Council, Local School Councils, or 
8 the former Subdistrict Councils;
and to provide for or 
9 participate in insurance plans for its officers and

10 employees, including but not limited to retirement 
11 annuities, medical,
surgical and hospitalization benefits 
12 in such types and amounts as may be
determined by the 
13 board; provided, however, that the board shall contract
for 
14 such insurance only with an insurance company authorized to 
15 do business
in this State. Such insurance may include 
16 provision for employees who rely
on treatment by prayer or 
17 spiritual means alone for healing, in accordance
with the 
18 tenets and practice of a recognized religious 
19 denomination;


20  15. To contract with the corporate authorities of any 
21 municipality
or the county board of any county, as the case 
22 may be, to provide for
the regulation of traffic in parking 
23 areas of property used for school
purposes, in such manner 
24 as is provided by Section 11-209 of The
Illinois Vehicle 
25 Code, approved September 29, 1969, as amended;


26  16. (a) To provide, on an equal basis, access to a high

 
 
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1 school campus and student directory information to the

2 official recruiting representatives of the armed forces of 
3 Illinois and
the United States for the purposes of 
4 informing students of the educational
and career 
5 opportunities available in the military if the board has 
6 provided
such access to persons or groups whose purpose is 
7 to acquaint students with
educational or occupational 
8 opportunities available to them. The board
is not required 
9 to give greater notice regarding the right of access to

10 recruiting representatives than is given to other persons 
11 and groups. In
this paragraph 16, "directory information" 
12 means a high school
student's name, address, and telephone 
13 number.


14  (b) If a student or his or her parent or guardian 
15 submits a signed,
written request to the high school before 
16 the end of the student's sophomore
year (or if the student 
17 is a transfer student, by another time set by
the high 
18 school) that indicates that the student or his or her 
19 parent or
guardian does
not want the student's directory 
20 information to be provided to official
recruiting 
21 representatives under subsection (a) of this Section, the 
22 high
school may not provide access to the student's 
23 directory information to
these recruiting representatives. 
24 The high school shall notify its
students and their parents 
25 or guardians of the provisions of this
subsection (b).


26  (c) A high school may require official recruiting 
 
 
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1 representatives of
the armed forces of Illinois and the 
2 United States to pay a fee for copying
and mailing a 
3 student's directory information in an amount that is not

4 more than the actual costs incurred by the high school.


5  (d) Information received by an official recruiting 
6 representative
under this Section may be used only to 
7 provide information to students
concerning educational and 
8 career opportunities available in the military
and may not 
9 be released to a person who is not involved in recruiting

10 students for the armed forces of Illinois or the United 
11 States;


12  17. (a) To sell or market any computer program 
13 developed by an employee
of the school district, provided 
14 that such employee developed the computer
program as a 
15 direct result of his or her duties with the school district

16 or through the utilization of the school district resources 
17 or facilities.
The employee who developed the computer 
18 program shall be entitled to share
in the proceeds of such 
19 sale or marketing of the computer program. The
distribution 
20 of such proceeds between the employee and the school 
21 district
shall be as agreed upon by the employee and the 
22 school district, except
that neither the employee nor the 
23 school district may receive more than 90%
of such proceeds. 
24 The negotiation for an employee who is represented by an

25 exclusive bargaining representative may be conducted by 
26 such bargaining
representative at the employee's request.


 
 
10000SB1947ham005- 526 -LRB100 09675 JWD 28950 a


1  (b) For the purpose of this paragraph 17:


2   (1) "Computer" means an internally programmed, 
3 general purpose digital
device capable of 
4 automatically accepting data, processing data and 
5 supplying
the results of the operation.


6   (2) "Computer program" means a series of coded 
7 instructions or
statements in a form acceptable to a 
8 computer, which causes the computer to
process data in 
9 order to achieve a certain result.


10   (3) "Proceeds" means profits derived from 
11 marketing or sale of a product
after deducting the 
12 expenses of developing and marketing such product;


13  18. To delegate to the general superintendent of

14 schools, by resolution, the authority to approve contracts 
15 and expenditures
in amounts of $10,000 or less;


16  19. Upon the written request of an employee, to 
17 withhold from
the compensation of that employee any dues, 
18 payments or contributions
payable by such employee to any 
19 labor organization as defined in the
Illinois Educational 
20 Labor Relations Act. Under such arrangement, an
amount 
21 shall be withheld from each regular payroll period which is 
22 equal to
the pro rata share of the annual dues plus any 
23 payments or contributions,
and the board shall transmit 
24 such withholdings to the specified labor
organization 
25 within 10 working days from the time of the withholding;


26  19a. Upon receipt of notice from the comptroller of a 
 
 
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1 municipality with
a population of 500,000 or more, a county 
2 with a population of 3,000,000 or
more, the Cook County 
3 Forest Preserve District, the Chicago Park District, the

4 Metropolitan Water Reclamation District, the Chicago 
5 Transit Authority, or
a housing authority of a municipality 
6 with a population of 500,000 or more
that a debt is due and 
7 owing the municipality, the county, the Cook County
Forest 
8 Preserve District, the Chicago Park District, the 
9 Metropolitan Water
Reclamation District, the Chicago 
10 Transit Authority, or the housing authority
by an employee 
11 of the Chicago Board of Education, to withhold, from the

12 compensation of that employee, the amount of the debt that 
13 is due and owing
and pay the amount withheld to the 
14 municipality, the county, the Cook County
Forest Preserve 
15 District, the Chicago Park District, the Metropolitan 
16 Water
Reclamation District, the Chicago Transit Authority, 
17 or the housing authority;
provided, however, that the 
18 amount
deducted from any one salary or wage payment shall 
19 not exceed 25% of the net
amount of the payment. Before the 
20 Board deducts any amount from any salary or
wage of an 
21 employee under this paragraph, the municipality, the 
22 county, the
Cook County Forest Preserve District, the 
23 Chicago Park District, the
Metropolitan Water Reclamation 
24 District, the Chicago Transit Authority, or the
housing 
25 authority shall certify that (i) the employee has been 
26 afforded an
opportunity for a hearing to dispute the debt 
 
 
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1 that is due and owing the
municipality, the county, the 
2 Cook County Forest Preserve District, the Chicago
Park 
3 District, the Metropolitan Water Reclamation District, the 
4 Chicago Transit
Authority, or the housing authority and 
5 (ii) the employee has received notice
of a wage deduction 
6 order and has been afforded an opportunity for a hearing to

7 object to the order. For purposes of this paragraph, "net 
8 amount" means that
part of the salary or wage payment 
9 remaining after the deduction of any amounts
required by 
10 law to be deducted and "debt due and owing" means (i) a 
11 specified
sum of money owed to the municipality, the 
12 county, the Cook County Forest
Preserve District, the 
13 Chicago Park District, the Metropolitan Water
Reclamation 
14 District, the Chicago Transit Authority, or the housing 
15 authority
for services, work, or goods, after the period 
16 granted for payment has expired,
or (ii) a specified sum of 
17 money owed to the municipality, the county, the Cook
County 
18 Forest Preserve District, the Chicago Park District, the 
19 Metropolitan
Water Reclamation District, the Chicago 
20 Transit Authority, or the housing
authority pursuant to a 
21 court order or order of an administrative hearing
officer 
22 after the exhaustion of, or the failure to exhaust, 
23 judicial review;


24  20. The board is encouraged to employ a sufficient 
25 number of
certified school counselors to maintain a 
26 student/counselor ratio of 250 to
1 by July 1, 1990. Each 
 
 
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1 counselor shall spend at least 75% of his work
time in 
2 direct contact with students and shall maintain a record of 
3 such time;


4  21. To make available to students vocational and career

5 counseling and to establish 5 special career counseling 
6 days for students
and parents. On these days 
7 representatives of local businesses and
industries shall 
8 be invited to the school campus and shall inform students

9 of career opportunities available to them in the various 
10 businesses and
industries. Special consideration shall be 
11 given to counseling minority
students as to career 
12 opportunities available to them in various fields.
For the 
13 purposes of this paragraph, minority student means a person 
14 who is any of the following:

15  (a) American Indian or Alaska Native (a person having 
16 origins in any of the original peoples of North and South 
17 America, including Central America, and who maintains 
18 tribal affiliation or community attachment).
19  (b) Asian (a person having origins in any of the 
20 original peoples of the Far East, Southeast Asia, or the 
21 Indian subcontinent, including, but not limited to, 
22 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, 
23 the Philippine Islands, Thailand, and Vietnam).
24  (c) Black or African American (a person having origins 
25 in any of the black racial groups of Africa). Terms such as 
26 "Haitian" or "Negro" can be used in addition to "Black or 
 
 
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1 African American".
2  (d) Hispanic or Latino (a person of Cuban, Mexican, 
3 Puerto Rican, South or Central American, or other Spanish 
4 culture or origin, regardless of race).
5  (e) Native Hawaiian or Other Pacific Islander (a person 
6 having origins in any of the original peoples of Hawaii, 
7 Guam, Samoa, or other Pacific Islands).


8  Counseling days shall not be in lieu of regular school 
9 days;


10  22. To report to the State Board of Education the 
11 annual
student dropout rate and number of students who 
12 graduate from, transfer
from or otherwise leave bilingual 
13 programs;


14  23. Except as otherwise provided in the Abused and 
15 Neglected Child
Reporting Act or other applicable State or 
16 federal law, to permit school
officials to withhold, from 
17 any person, information on the whereabouts of
any child 
18 removed from school premises when the child has been taken 
19 into
protective custody as a victim of suspected child 
20 abuse. School officials
shall direct such person to the 
21 Department of Children and Family Services,
or to the local 
22 law enforcement agency if appropriate;


23  24. To develop a policy, based on the current state of 
24 existing school
facilities, projected enrollment and 
25 efficient utilization of available
resources, for capital 
26 improvement of schools and school buildings within
the 
 
 
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1 district, addressing in that policy both the relative 
2 priority for
major repairs, renovations and additions to 
3 school facilities, and the
advisability or necessity of 
4 building new school facilities or closing
existing schools 
5 to meet current or projected demographic patterns within

6 the district;


7  25. To make available to the students in every high 
8 school attendance
center the ability to take all courses 
9 necessary to comply with the Board
of Higher Education's 
10 college entrance criteria effective in 1993;


11  26. To encourage mid-career changes into the teaching 
12 profession,
whereby qualified professionals become 
13 certified teachers, by allowing
credit for professional 
14 employment in related fields when determining point
of 
15 entry on teacher pay scale;


16  27. To provide or contract out training programs for 
17 administrative
personnel and principals with revised or 
18 expanded duties pursuant to this
Act in order to assure 
19 they have the knowledge and skills to perform
their duties;


20  28. To establish a fund for the prioritized special 
21 needs programs, and
to allocate such funds and other lump 
22 sum amounts to each attendance center
in a manner 
23 consistent with the provisions of part 4 of Section 34-2.3.

24 Nothing in this paragraph shall be construed to require any 
25 additional
appropriations of State funds for this purpose;


26  29. (Blank);


 
 
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1  30. Notwithstanding any other provision of this Act or 
2 any other law to
the contrary, to contract with third 
3 parties for services otherwise performed
by employees, 
4 including those in a bargaining unit, and to layoff those

5 employees upon 14 days written notice to the affected 
6 employees. Those
contracts may be for a period not to 
7 exceed 5 years and may be awarded on a
system-wide basis. 
8 The board may not operate more than 30 contract schools, 
9 provided that the board may operate an additional 5 
10 contract turnaround schools pursuant to item (5.5) of 
11 subsection (d) of Section 34-8.3 of this Code;


12  31. To promulgate rules establishing procedures 
13 governing the layoff or
reduction in force of employees and 
14 the recall of such employees, including,
but not limited 
15 to, criteria for such layoffs, reductions in force or 
16 recall
rights of such employees and the weight to be given 
17 to any particular
criterion. Such criteria shall take into 
18 account factors including, but not be
limited to, 
19 qualifications, certifications, experience, performance 
20 ratings or
evaluations, and any other factors relating to 
21 an employee's job performance;


22  32. To develop a policy to prevent nepotism in the 
23 hiring of personnel
or the selection of contractors;


24  33. To enter into a partnership agreement, as required 
25 by
Section 34-3.5 of this Code, and, notwithstanding any 
26 other
provision of law to the contrary, to promulgate 
 
 
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1 policies, enter into
contracts, and take any other action 
2 necessary to accomplish the
objectives and implement the 
3 requirements of that agreement; and


4  34. To establish a Labor Management Council to the 
5 board
comprised of representatives of the board, the chief 
6 executive
officer, and those labor organizations that are 
7 the exclusive
representatives of employees of the board and 
8 to promulgate
policies and procedures for the operation of 
9 the Council.

10 The specifications of the powers herein granted are not to 
11be
construed as exclusive but the board shall also exercise all 
12other
powers that they may be requisite or proper for the 
13maintenance and the
development of a public school system, not 
14inconsistent with the other
provisions of this Article or 
15provisions of this Code which apply to all
school districts.

16 In addition to the powers herein granted and authorized to 
17be exercised
by the board, it shall be the duty of the board to 
18review or to direct
independent reviews of special education 
19expenditures and services.
The board shall file a report of 
20such review with the General Assembly on
or before May 1, 1990.

21(Source: P.A. 99-143, eff. 7-27-15.)


22 (105 ILCS 5/34-18.30)

23 Sec. 34-18.30. Dependents of military personnel; no 
24tuition charge. If, at the time of enrollment, a dependent of 
25United States military personnel is housed in temporary housing 
 
 
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1located outside of the school district, but will be living 
2within the district within 60 days after the time of initial 
3enrollment, the dependent must be allowed to enroll, subject to 
4the requirements of this Section, and must not be charged 
5tuition. Any United States military personnel attempting to 
6enroll a dependent under this Section shall provide proof that 
7the dependent will be living within the district within 60 days 
8after the time of initial enrollment. Proof of residency may 
9include, but is not limited to, postmarked mail addressed to 
10the military personnel and sent to an address located within 
11the district, a lease agreement for occupancy of a residence 
12located within the district, or proof of ownership of a 
13residence located within the district. Non-resident dependents 
14of United States military personnel attending school on a 
15tuition-free basis may be counted for the purposes
of 
16determining the apportionment of State aid provided under 
17Section 18-8.05 or 18-8.15 of this Code.

18(Source: P.A. 95-331, eff. 8-21-07.)




19 (105 ILCS 5/34-43.1) (from Ch. 122, par. 34-43.1)



20 Sec. 34-43.1. (A) Limitation of noninstructional costs. It 
21is the
purpose of this Section to establish for the Board of 
22Education and the
general superintendent of schools 
23requirements and standards which maximize
the proportion of 
24school district resources in direct support of
educational, 
25program, and building maintenance and safety services for the

 
 
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1pupils of the district, and which correspondingly minimize the 
2amount and
proportion of such resources associated with 
3centralized administration,
administrative support services, 
4and other noninstructional services.

5 For the 1989-90 school year and for all subsequent school 
6years, the Board
of Education shall undertake budgetary and 
7expenditure control actions which
limit the administrative 
8expenditures of the Board of Education to levels,
as provided 
9for in this Section, which represent an average of the

10administrative expenses of all school districts in this State 
11not subject
to Article 34.

12 (B) Certification of expenses by the State Superintendent 
13of Education.
The State Superintendent of Education shall 
14annually certify, on or before
May 1, to the Board of Education 
15and the School Finance Authority, for the
applicable school 
16year, the following information:


17  (1) the annual expenditures of all school districts of 
18 the State not
subject to Article 34 properly attributable 
19 to expenditure functions
defined by the rules and 
20 regulations of the State Board of Education as:
2210 
21 (Improvement of Instructional Services); 2300 (Support 
22 Services -
General Administration) excluding, however, 
23 2320 (Executive Administrative
Services); 2490 (Other 
24 Support Services - School Administration); 2500
(Support 
25 Services - Business); 2600 (Support Services - Central);


26  (2) the total annual expenditures of all school 
 
 
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1 districts not subject to
Article 34 attributable to the 
2 Education Fund, the Operations, Building and
Maintenance 
3 Fund, the Transportation Fund and the Illinois Municipal

4 Retirement Fund of the several districts, as defined by the 
5 rules and
regulations of the State Board of Education; and


6  (3) a ratio, to be called the statewide average of 
7 administrative
expenditures, derived by dividing the 
8 expenditures certified pursuant to
paragraph (B)(1) by the 
9 expenditures certified pursuant to paragraph (B)(2).

10 For purposes of the annual certification of expenditures 
11and ratios
required by this Section, the "applicable year" of 
12certification shall
initially be the 1986-87 school year and, 
13in sequent years, each
succeeding school year.

14 The State Superintendent of Education shall consult with 
15the Board of
Education to ascertain whether particular 
16expenditure items allocable to
the administrative functions 
17enumerated in paragraph (B)(1) are
appropriately or 
18necessarily higher in the applicable school district than
in 
19the rest of the State due to noncomparable factors. The State

20Superintendent shall also review the relevant cost proportions 
21in other
large urban school districts. The State Superintendent 
22shall also review
the expenditure categories in paragraph 
23(B)(1) to ascertain whether they
contain school-level 
24expenses. If he or she finds that adjustments to the
formula 
25are appropriate or necessary to establish a more fair and

26comparable standard for administrative cost for the Board of 
 
 
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1Education or
to exclude school-level expenses, the State 
2Superintendent shall recommend
to the School Finance Authority 
3rules and regulations adjusting particular
subcategories in 
4this subsection (B) or adjusting certain costs in
determining 
5the budget and expenditure items properly attributable to the

6functions or otherwise adjust the formula.

7 (C) Administrative expenditure limitations. The annual 
8budget of the
Board of Education, as adopted and implemented, 
9and the
related annual expenditures for the school year, shall 
10reflect a limitation
on administrative outlays as required by 
11the following provisions, taking
into account any adjustments 
12established by the State Superintendent of
Education: (1) the 
13budget and expenditures of the Board of Education for
the 
141989-90 school year shall reflect a ratio of administrative

15expenditures to total expenditures equal to or less than the 
16statewide
average of administrative expenditures for the 
171986-87 school year as
certified by the State Superintendent of 
18Education pursuant to paragraph
(B)(3); (2) for the 1990-91 
19school year and for all subsequent school
years, the budget and 
20expenditures of the Board of Education shall reflect
a ratio of 
21administrative expenditures to total expenditures equal to or

22less than the statewide average of administrative expenditures 
23certified by
the State Superintendent of Education for the 
24applicable year pursuant to
paragraph (B)(3); (3) if for any 
25school year the budget of the Board of
Education reflects a 
26ratio of administrative expenditures to total
expenditures 
 
 
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1which exceeds the applicable statewide average, the Board of

2Education shall reduce expenditure items allocable to the 
3administrative
functions enumerated in paragraph (B)(1) such 
4that the Board of Education's
ratio of administrative 
5expenditures to total expenditures is equal to or
less than the 
6applicable statewide average ratio.

7 For purposes of this Section, the ratio of administrative 
8expenditures to
the total expenditures of the Board of 
9Education, as applied to the budget
of the Board of Education, 
10shall mean: the budgeted expenditure items of
the Board of 
11Education properly attributable to the expenditure functions

12identified in paragraph (B)(1) divided by the total budgeted 
13expenditures of
the Board of Education properly attributable to 
14the Board of Education
funds corresponding to those funds 
15identified in paragraph (B)(2),
exclusive of any monies 
16budgeted for payment to the Public School Teachers'
Pension and 
17Retirement System, attributable to payments due from the

18General Funds of the State of Illinois.

19  The annual expenditure of the Board of Education for 2320

20(Executive Administrative Services) for the 1989-90 school 
21year shall be no
greater than the 2320 expenditure for the 
221988-89 school year. The annual
expenditure of the Board of 
23Education for 2320 for the 1990-91 school year
and each 
24subsequent school year shall be no greater than the 2320

25expenditure for the immediately preceding school year or the 
261988-89 school
year, whichever is less. This annual expenditure 
 
 
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1limitation may be
adjusted in each year in an amount not to 
2exceed any change effective
during the applicable school year 
3in salary to be paid under the collective
bargaining agreement 
4with instructional personnel to which the Board is a
party and 
5in benefit costs either required by law or such collective

6bargaining agreement.

7 (D) Cost control measures. In undertaking actions to 
8control or reduce
expenditure items necessitated by the 
9administrative expenditure
limitations of this Section, the 
10Board of Education shall give priority
consideration to 
11reductions or cost controls with the least effect upon
direct 
12services to students or instructional services for pupils, and 
13upon
the safety and well-being of pupils, and, as applicable, 
14with the
particular costs or functions to which the Board of 
15Education is higher
than the statewide average.

16 For purposes of assuring that the cost control priorities 
17of this
subsection (D) are met, the State Superintendent of 
18Education shall, with
the assistance of the Board of Education, 
19review the cost allocation
practices of the Board of Education, 
20and the State Superintendent of
Education shall thereafter 
21recommend to the School Finance Authority rules
and regulations 
22which define administrative areas which most impact upon
the 
23direct and instructional needs of students and upon the safety 
24and
well-being of the pupils of the district. No position 
25closed shall be
reopened using State or federal categorical 
26funds.

 
 
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1 (E) Report of Audited Information. For the 1988-89 school 
2year and for
all subsequent school years, the Board of 
3Education shall file with the
State Board of Education the 
4Annual Financial Report and its audit, as
required by the rules 
5of the State Board of Education. Such reports shall
be filed no 
6later than February 15 following the end of the school year of

7the Board of Education, beginning with the report to be filed 
8no later
than February 15, 1990 for the 1988-89 school year.

9 As part of the required Annual Financial Report, the Board 
10of Education
shall provide a detailed accounting of the central 
11level, district, bureau
and department costs and personnel 
12included within expenditure functions
included in paragraph 
13(B)(1). The nature and detail of the reporting
required for 
14these functions shall be prescribed by the State Board of

15Education in rules and regulations. A copy of this detailed 
16accounting
shall also be provided annually to the School 
17Finance Authority and the
public. This report shall contain a 
18reconciliation to the board of
education's adopted budget for 
19that fiscal year, specifically delineating
administrative 
20functions.

21 If the information required under this Section is not 
22provided by the
Board of Education in a timely manner, or is 
23initially or subsequently
determined by the State 
24Superintendent of Education to be incomplete or
inaccurate, the 
25State Superintendent shall, in writing, notify the Board
of 
26Education of reporting deficiencies. The Board of Education 
 
 
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1shall,
within 60 days of such notice, address the reporting 
2deficiencies
identified. If the State Superintendent of 
3Education does not receive
satisfactory response to these 
4reporting deficiencies within 60 days, the
next payment of 
5general State aid or evidence-based funding due the Board of 
6Education under Section
18-8 or Section 18-8.15, as applicable, 
7and all subsequent payments, shall be withheld by the State

8Superintendent of Education until the enumerated deficiencies 
9have
been addressed.

10 Utilizing the Annual Financial Report, the State 
11Superintendent of
Education shall certify on or before May 1 to 
12the School Finance Authority
the Board of Education's ratio of 
13administrative expenditures to total
expenditures for the 
141988-89 school year and for each succeeding school
year. Such 
15certification shall indicate the extent to which the

16administrative expenditure ratio of the Board of Education 
17conformed to the
limitations required in subsection (C) of this 
18Section, taking into account
any adjustments of the limitations 
19which may have been recommended by the
State Superintendent of 
20Education to the School Finance Authority. In
deriving the 
21administrative expenditure ratio of the Chicago Board of

22Education, the State Superintendent of Education shall utilize 
23the
definition of this ratio prescribed in subsection (C) of 
24this Section,
except that the actual expenditures of the Board 
25of Education shall be
substituted for budgeted expenditure 
26items.

 
 
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1 (F) Approval and adjustments to administrative expenditure 
2limitations.
The School Finance Authority organized under 
3Article 34A shall monitor the
Board of Education's adherence to 
4the requirements of this Section. As
part of its responsibility 
5the School Finance Authority shall determine
whether the Board 
6of Education's budget for the next school year, and the

7expenditures for a prior school year, comply with the 
8limitation of
administrative expenditures required by this 
9Section. The Board of
Education and the State Board of 
10Education shall provide such information
as is required by the 
11School Finance Authority in order for the Authority
to 
12determine compliance with the provisions of this Section. If 
13the
Authority determines that the budget proposed by the Board 
14of Education
does not meet the cost control requirements of 
15this Section, the Board of
Education shall undertake budgetary 
16reductions, consistent with the
requirements of this Section, 
17to bring the proposed budget into compliance
with such cost 
18control limitations.

19 If, in formulating cost control and cost reduction 
20alternatives, the
Board of Education believes that meeting the 
21cost control requirements of
this Section related to the budget 
22for the ensuing year would impair the
education, safety, or 
23well-being of the pupils of the school district, the
Board of 
24Education may request that the School Finance Authority make

25adjustments to the limitations required by this Section. The 
26Board of
Education shall specify the amount, nature, and 
 
 
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1reasons for the relief
required and shall also identify cost 
2reductions which can be made in
expenditure functions not 
3enumerated in paragraph (B)(1), which would serve
the purposes 
4of this Section.

5 The School Finance Authority shall consult with the State 
6Superintendent
of Education concerning the reasonableness from 
7an educational
administration perspective of the adjustments 
8sought by the Board of
Education. The School Finance Authority 
9shall provide an opportunity for
the public to comment upon the 
10reasonableness of the Board's request. If,
after such 
11consultation, the School Finance Authority determines that all

12or a portion of the adjustments sought by the Board of 
13Education are
reasonably appropriate or necessary, the 
14Authority may grant such relief
from the provisions of this 
15Section which the Authority deems appropriate.
Adjustments so 
16granted apply only to the specific school year for which
the 
17request was made.

18 In the event that the School Finance Authority determines 
19that the Board
of Education has failed to achieve the required 
20administrative expenditure
limitations for a prior school 
21year, or if the Authority determines that
the Board of 
22Education has not met the requirements of subsection (F), the

23Authority shall make recommendations to the Board of Education 
24concerning
appropriate corrective actions. If the Board of 
25Education fails to
provide adequate assurance to the Authority 
26that appropriate corrective
actions have been or will be taken, 
 
 
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1the Authority may, within 60 days
thereafter, require the board 
2to adjust its current budget to correct for
the prior year's 
3shortage or may recommend to the members of the General

4Assembly and the Governor such sanctions or remedial actions as 
5will serve
to deter any further such failures on the part of 
6the Board of Education.

7 To assist the Authority in its monitoring 
8responsibilities, the Board of
Education shall provide such 
9reports and information as are from time to
time required by 
10the Authority.

11 (G) Independent reviews of administrative expenditures. 
12The School
Finance Authority may direct independent reviews of 
13the administrative and
administrative support expenditures and 
14services and other
non-instructional expenditure functions of 
15the Board of Education. The
Board of Education shall afford 
16full cooperation to the School Finance
Authority in such review 
17activity. The purpose of such reviews shall be
to verify 
18specific targets for improved operating efficiencies of the 
19Board
of Education, to identify other areas of potential 
20efficiencies, and to
assure full and proper compliance by the 
21Board of Education with all
requirements of this Section.

22 In the conduct of reviews under this subsection, the 
23Authority may
request the assistance and consultation of the 
24State Superintendent of
Education with regard to questions of 
25efficiency and effectiveness in
educational administration.

26 (H) Reports to Governor and General Assembly. On or before 
 
 
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1May 1, 1991
and no less frequently than yearly thereafter, the 
2School Finance Authority
shall provide to the Governor, the 
3State Board of Education, and the
members of the General 
4Assembly an annual report, as outlined in Section
34A-606, 
5which includes the following information: (1) documenting the

6compliance or non-compliance of the Board of Education with the

7requirements of this Section; (2) summarizing the costs, 
8findings, and
recommendations of any reviews directed by the 
9School Finance Authority,
and the response to such 
10recommendations made by the Board of Education;
and (3) 
11recommending sanctions or legislation necessary to fulfill the

12intent of this Section.

13(Source: P.A. 86-124; 86-1477.)




14 (105 ILCS 5/34-53) (from Ch. 122, par. 34-53)



15 Sec. 34-53. Tax levies; purpose; rates. For the purpose of

16establishing and supporting free schools for not fewer than 9 
17months in
each year and defraying their expenses the board may 
18levy annually, upon all taxable
property of such district for 
19educational purposes a tax for
the fiscal years 1996 and each 
20succeeding fiscal year at a rate of not to exceed the sum of 
21(i) 3.07% (or such other rate as may be set
by law
independent 
22of the rate difference described in (ii) below) and (ii) the

23difference between .50% and the rate per cent of taxes extended 
24for a
School Finance Authority organized under Article 34A of 
25the School Code,
for the calendar year in which the applicable 
 
 
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1fiscal year of the board
begins as determined by the county 
2clerk and certified to the board
pursuant to Section 18-110 of 
3the Property Tax Code, of the value as
equalized or assessed by 
4the Department of Revenue for the year in which
such levy is 
5made. 

6 Beginning on the effective date of this amendatory Act of 
7the 99th General Assembly, for the purpose of making an 
8employer contribution to the Public School Teachers' Pension 
9and Retirement Fund of Chicago, the board may levy annually for 
10taxable years prior to 2017, upon all taxable property located 
11within the district, a tax at a rate not to exceed 0.383%. 
12Beginning with the 2017 taxable year, for the purpose of making 
13an employer contribution to the Public School Teachers' Pension 
14and Retirement Fund of Chicago, the board may levy annually, 
15upon all taxable property within the district, a tax at a rate 
16not to exceed 0.567%. The proceeds from this additional tax 
17shall be paid, as soon as possible after collection, directly 
18to Public School Teachers' Pension and Retirement Fund of 
19Chicago and not to the Board of Education. The rate under this 
20paragraph is not a new rate for the purposes of the Property 
21Tax Extension Limitation Law. Notwithstanding any other 
22provision of law, for the 2016 tax year only, the board shall 
23certify the rate to the county clerk on the effective date of 
24this amendatory Act of the 99th General Assembly, and the 
25county clerk shall extend that rate against all taxable 
26property located within the district as soon after receiving 
 
 
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1the certification as possible.
2 Nothing in this amendatory Act of 1995
shall in
any way 
3impair or restrict the levy or extension of taxes pursuant to 
4any
tax levies for any purposes of the board lawfully made 
5prior to the
adoption of this amendatory Act of 1995.

6 Notwithstanding any other provision of this Code and in

7addition to any other methods provided for increasing the tax 
8rate
the board may, by proper resolution, cause a
proposition 
9to increase the annual tax rate for educational purposes to
be 
10submitted to the voters of such district at any general or 
11special
election. The maximum rate for educational purposes 
12shall not exceed
4.00%. The election called for such purpose 
13shall be governed by
Article 9 of this Act. If at such election 
14a majority of the votes cast
on the proposition is in favor 
15thereof, the Board of Education may
thereafter until such 
16authority is revoked in a like manner, levy
annually the tax so 
17authorized.

18 For purposes of this Article, educational purposes for 
19fiscal years
beginning in 1995 and each subsequent year shall 
20also include, but not be
limited to, in addition to those 
21purposes authorized before this amendatory Act
of 1995, 
22constructing, acquiring, leasing (other than from the Public 
23Building
Commission of Chicago), operating, maintaining, 
24improving, repairing, and
renovating land, buildings, 
25furnishings, and equipment for school houses and
buildings, and 
26related incidental expenses, and
provision of special 
 
 
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1education, furnishing free textbooks and
instructional aids 
2and school supplies, establishing, equipping, maintaining,
and 
3operating supervised playgrounds under the control of the 
4board, school
extracurricular activities, and stadia, social 
5center, and summer swimming pool
programs open to the public in 
6connection with any public school; making an
employer 
7contribution to the Public School Teachers' Pension and 
8Retirement
Fund as required by Section 17-129 of the Illinois 
9Pension Code; and providing
an agricultural science school, 
10including site development and improvements,
maintenance 
11repairs, and supplies. Educational purposes also includes 
12student
transportation expenses.

13 All collections of all taxes levied for fiscal years ending 
14before 1996 under
this
Section or under Sections 34-53.2, 
1534-53.3, 34-58, 34-60, or 34-62 of this
Article as in effect 
16prior to this amendatory Act of 1995 may be used for any

17educational purposes as defined by this amendatory Act of 1995 
18and need not be
used for the particular purposes for which they 
19were levied.
The levy and extension of taxes pursuant to this 
20Section as amended by this
amendatory Act of 1995 shall not 
21constitute a new or increased tax rate within
the meaning of 
22the Property Tax Extension Limitation Law or the One-year

23Property Tax Extension Limitation Law.

24 The rate at which taxes may be levied for the fiscal year 
25beginning
September
1, 1996, for educational purposes shall be 
26the full rate authorized by this
Section for such taxes for 
 
 
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1fiscal years ending after 1995.

2(Source: P.A. 99-521, eff. 6-1-17.)


3 Section 970. The Educational Opportunity for Military 
4Children Act is amended by changing Section 25 as follows:

5 (105 ILCS 70/25)

6 Sec. 25. Tuition for children of active duty military 
7personnel who are transfer students. If a student who is a 
8child of active duty military personnel is (i) placed with a 
9non-custodial parent and (ii) as a result of placement, must 
10attend a non-resident school district, then the student must 
11not be charged the tuition of the school that the student 
12attends as a result of placement with the non-custodial parent 
13and the student must be counted in the calculation of average 
14daily attendance under Section 18-8.05 or 18-8.15 of the School 
15Code.

16(Source: P.A. 98-673, eff. 6-30-14.)

17 Section 995. Inseverability. The provisions of this Act are 
18mutually dependent and
inseverable. If any provision is held 
19invalid other than as applied to a particular person or

20circumstance, then this entire Act is invalid.

21 Section 997. Savings clause. Any repeal or amendment made 
22by this Act shall not affect or impair any of the following: 
 
 
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1suits pending or rights existing at the time this Act takes 
2effect; any grant or conveyance made or right acquired or cause 
3of action now existing under any Section, Article, or Act 
4repealed or amended by this Act; the validity of any bonds or 
5other obligations issued or sold and constituting valid 
6obligations of the issuing authority at the time this Act takes 
7effect; the validity of any contract; the validity of any tax 
8levied under any law in effect prior to the effective date of 
9this Act; or any offense committed, act done, penalty, 
10punishment, or forfeiture incurred or any claim, right, power, 
11or remedy accrued under any law in effect prior to the 
12effective date of this Act.


13 Section 999. Effective date. This Act takes effect upon 
14becoming law.".