Public Act 102-0197

HB1719 Enrolled LRB102 03832 CMG 13846 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The School Code is amended by changing Sections

10-22.39, 10-27.1A, 18-8.15, 27-23.7, and 34-18.8 and by

renumbering and changing Section 22-85, as added by Public Act

101-478, as follows:

(105 ILCS 5/10-22.39)

Sec. 10-22.39. In-service training programs.

(a) To conduct in-service training programs for teachers.

(b) In addition to other topics at in-service training

programs, at least once every 2 years, licensed school

personnel and administrators who work with pupils in

kindergarten through grade 12 shall be trained to identify the

warning signs of mental illness and suicidal behavior in youth

and shall be taught appropriate intervention and referral

techniques. A school district may utilize the Illinois Mental

Health First Aid training program, established under the

Illinois Mental Health First Aid Training Act and administered

by certified instructors trained by a national association

recognized as an authority in behavioral health, to provide

the training and meet the requirements under this subsection.

If licensed school personnel or an administrator obtains

mental health first aid training outside of an in-service

training program, he or she may present a certificate of

successful completion of the training to the school district

to satisfy the requirements of this subsection.

(c) School guidance counselors, nurses, teachers and other

school personnel who work with pupils may be trained to have a

basic knowledge of matters relating to acquired

immunodeficiency syndrome (AIDS), including the nature of the

disease, its causes and effects, the means of detecting it and

preventing its transmission, and the availability of

appropriate sources of counseling and referral, and any other

information that may be appropriate considering the age and

grade level of such pupils. The School Board shall supervise

such training. The State Board of Education and the Department

of Public Health shall jointly develop standards for such

training.

(d) In this subsection (d):

"Domestic violence" means abuse by a family or household

member, as "abuse" and "family or household members" are

defined in Section 103 of the Illinois Domestic Violence Act

of 1986.

"Sexual violence" means sexual assault, abuse, or stalking

of an adult or minor child proscribed in the Criminal Code of

1961 or the Criminal Code of 2012 in Sections 11-1.20,

11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,

12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including

sexual violence committed by perpetrators who are strangers to

the victim and sexual violence committed by perpetrators who

are known or related by blood or marriage to the victim.

At least once every 2 years, an in-service training

program for school personnel who work with pupils, including,

but not limited to, school and school district administrators,

teachers, school guidance counselors, school social workers,

school counselors, school psychologists, and school nurses,

must be conducted by persons with expertise in domestic and

sexual violence and the needs of expectant and parenting youth

and shall include training concerning (i) communicating with

and listening to youth victims of domestic or sexual violence

and expectant and parenting youth, (ii) connecting youth

victims of domestic or sexual violence and expectant and

parenting youth to appropriate in-school services and other

agencies, programs, and services as needed, and (iii)

implementing the school district's policies, procedures, and

protocols with regard to such youth, including

confidentiality. At a minimum, school personnel must be

trained to understand, provide information and referrals, and

address issues pertaining to youth who are parents, expectant

parents, or victims of domestic or sexual violence.

(e) At least every 2 years, an in-service training program

for school personnel who work with pupils must be conducted by

persons with expertise in anaphylactic reactions and

management.

(f) At least once every 2 years, a school board shall

conduct in-service training on educator ethics,

teacher-student conduct, and school employee-student conduct

for all personnel.

(Source: P.A. 100-903, eff. 1-1-19; 101-350, eff. 1-1-20.)

(105 ILCS 5/10-27.1A)

Sec. 10-27.1A. Firearms in schools.

(a) All school officials, including teachers, school

guidance counselors, and support staff, shall immediately

notify the office of the principal in the event that they

observe any person in possession of a firearm on school

grounds; provided that taking such immediate action to notify

the office of the principal would not immediately endanger the

health, safety, or welfare of students who are under the

direct supervision of the school official or the school

official. If the health, safety, or welfare of students under

the direct supervision of the school official or of the school

official is immediately endangered, the school official shall

notify the office of the principal as soon as the students

under his or her supervision and he or she are no longer under

immediate danger. A report is not required by this Section

when the school official knows that the person in possession

of the firearm is a law enforcement official engaged in the

conduct of his or her official duties. Any school official

acting in good faith who makes such a report under this Section

shall have immunity from any civil or criminal liability that

might otherwise be incurred as a result of making the report.

The identity of the school official making such report shall

not be disclosed except as expressly and specifically

authorized by law. Knowingly and willfully failing to comply

with this Section is a petty offense. A second or subsequent

offense is a Class C misdemeanor.

(b) Upon receiving a report from any school official

pursuant to this Section, or from any other person, the

principal or his or her designee shall immediately notify a

local law enforcement agency. If the person found to be in

possession of a firearm on school grounds is a student, the

principal or his or her designee shall also immediately notify

that student's parent or guardian. Any principal or his or her

designee acting in good faith who makes such reports under

this Section shall have immunity from any civil or criminal

liability that might otherwise be incurred or imposed as a

result of making the reports. Knowingly and willfully failing

to comply with this Section is a petty offense. A second or

subsequent offense is a Class C misdemeanor. If the person

found to be in possession of the firearm on school grounds is a

minor, the law enforcement agency shall detain that minor

until such time as the agency makes a determination pursuant

to clause (a) of subsection (1) of Section 5-401 of the

Juvenile Court Act of 1987, as to whether the agency

reasonably believes that the minor is delinquent. If the law

enforcement agency determines that probable cause exists to

believe that the minor committed a violation of item (4) of

subsection (a) of Section 24-1 of the Criminal Code of 2012

while on school grounds, the agency shall detain the minor for

processing pursuant to Section 5-407 of the Juvenile Court Act

of 1987.

(c) On or after January 1, 1997, upon receipt of any

written, electronic, or verbal report from any school

personnel regarding a verified incident involving a firearm in

a school or on school owned or leased property, including any

conveyance owned, leased, or used by the school for the

transport of students or school personnel, the superintendent

or his or her designee shall report all such firearm-related

incidents occurring in a school or on school property to the

local law enforcement authorities immediately and to the

Department of State Police in a form, manner, and frequency as

prescribed by the Department of State Police.

The State Board of Education shall receive an annual

statistical compilation and related data associated with

incidents involving firearms in schools from the Department of

State Police. The State Board of Education shall compile this

information by school district and make it available to the

public.

(d) As used in this Section, the term "firearm" shall have

the meaning ascribed to it in Section 1.1 of the Firearm Owners

Identification Card Act.

As used in this Section, the term "school" means any

public or private elementary or secondary school.

As used in this Section, the term "school grounds"

includes the real property comprising any school, any

conveyance owned, leased, or contracted by a school to

transport students to or from school or a school-related

activity, or any public way within 1,000 feet of the real

property comprising any school.

(Source: P.A. 97-1150, eff. 1-25-13.)

(105 ILCS 5/18-8.15)

Sec. 18-8.15. Evidence-Based Funding for student success

for the 2017-2018 and subsequent school years.

(a) General provisions.

(1) The purpose of this Section is to ensure that, by

June 30, 2027 and beyond, this State has a kindergarten

through grade 12 public education system with the capacity

to ensure the educational development of all persons to

the limits of their capacities in accordance with Section

1 of Article X of the Constitution of the State of

Illinois. To accomplish that objective, this Section

creates a method of funding public education that is

evidence-based; is sufficient to ensure every student

receives a meaningful opportunity to learn irrespective of

race, ethnicity, sexual orientation, gender, or

community-income level; and is sustainable and

predictable. When fully funded under this Section, every

school shall have the resources, based on what the

evidence indicates is needed, to:

(A) provide all students with a high quality

education that offers the academic, enrichment, social

and emotional support, technical, and career-focused

programs that will allow them to become competitive

workers, responsible parents, productive citizens of

this State, and active members of our national

democracy;

(B) ensure all students receive the education they

need to graduate from high school with the skills

required to pursue post-secondary education and

training for a rewarding career;

(C) reduce, with a goal of eliminating, the

achievement gap between at-risk and non-at-risk

students by raising the performance of at-risk

students and not by reducing standards; and

(D) ensure this State satisfies its obligation to

assume the primary responsibility to fund public

education and simultaneously relieve the

disproportionate burden placed on local property taxes

to fund schools.

(2) The Evidence-Based Funding formula under this

Section shall be applied to all Organizational Units in

this State. The Evidence-Based Funding formula outlined in

this Act is based on the formula outlined in Senate Bill 1

of the 100th General Assembly, as passed by both

legislative chambers. As further defined and described in

this Section, there are 4 major components of the

Evidence-Based Funding model:

(A) First, the model calculates a unique Adequacy

Target for each Organizational Unit in this State that

considers the costs to implement research-based

activities, the unit's student demographics, and

regional wage differences.

(B) Second, the model calculates each

Organizational Unit's Local Capacity, or the amount

each Organizational Unit is assumed to contribute

toward its Adequacy Target from local resources.

(C) Third, the model calculates how much funding

the State currently contributes to the Organizational

Unit and adds that to the unit's Local Capacity to

determine the unit's overall current adequacy of

funding.

(D) Finally, the model's distribution method

allocates new State funding to those Organizational

Units that are least well-funded, considering both

Local Capacity and State funding, in relation to their

Adequacy Target.

(3) An Organizational Unit receiving any funding under

this Section may apply those funds to any fund so received

for which that Organizational Unit is authorized to make

expenditures by law.

(4) As used in this Section, the following terms shall

have the meanings ascribed in this paragraph (4):

"Adequacy Target" is defined in paragraph (1) of

subsection (b) of this Section.

"Adjusted EAV" is defined in paragraph (4) of

subsection (d) of this Section.

"Adjusted Local Capacity Target" is defined in

paragraph (3) of subsection (c) of this Section.

"Adjusted Operating Tax Rate" means a tax rate for all

Organizational Units, for which the State Superintendent

shall calculate and subtract for the Operating Tax Rate a

transportation rate based on total expenses for

transportation services under this Code, as reported on

the most recent Annual Financial Report in Pupil

Transportation Services, function 2550 in both the

Education and Transportation funds and functions 4110 and

4120 in the Transportation fund, less any corresponding

fiscal year State of Illinois scheduled payments excluding

net adjustments for prior years for regular, vocational,

or special education transportation reimbursement pursuant

to Section 29-5 or subsection (b) of Section 14-13.01 of

this Code divided by the Adjusted EAV. If an

Organizational Unit's corresponding fiscal year State of

Illinois scheduled payments excluding net adjustments for

prior years for regular, vocational, or special education

transportation reimbursement pursuant to Section 29-5 or

subsection (b) of Section 14-13.01 of this Code exceed the

total transportation expenses, as defined in this

paragraph, no transportation rate shall be subtracted from

the Operating Tax Rate.

"Allocation Rate" is defined in paragraph (3) of

subsection (g) of this Section.

"Alternative School" means a public school that is

created and operated by a regional superintendent of

schools and approved by the State Board.

"Applicable Tax Rate" is defined in paragraph (1) of

subsection (d) of this Section.

"Assessment" means any of those benchmark, progress

monitoring, formative, diagnostic, and other assessments,

in addition to the State accountability assessment, that

assist teachers' needs in understanding the skills and

meeting the needs of the students they serve.

"Assistant principal" means a school administrator

duly endorsed to be employed as an assistant principal in

this State.

"At-risk student" means a student who is at risk of

not meeting the Illinois Learning Standards or not

graduating from elementary or high school and who

demonstrates a need for vocational support or social

services beyond that provided by the regular school

program. All students included in an Organizational Unit's

Low-Income Count, as well as all English learner and

disabled students attending the Organizational Unit, shall

be considered at-risk students under this Section.

"Average Student Enrollment" or "ASE" for fiscal year

2018 means, for an Organizational Unit, the greater of the

average number of students (grades K through 12) reported

to the State Board as enrolled in the Organizational Unit

on October 1 in the immediately preceding school year,

plus the pre-kindergarten students who receive special

education services of 2 or more hours a day as reported to

the State Board on December 1 in the immediately preceding

school year, or the average number of students (grades K

through 12) reported to the State Board as enrolled in the

Organizational Unit on October 1, plus the

pre-kindergarten students who receive special education

services of 2 or more hours a day as reported to the State

Board on December 1, for each of the immediately preceding

3 school years. For fiscal year 2019 and each subsequent

fiscal year, "Average Student Enrollment" or "ASE" means,

for an Organizational Unit, the greater of the average

number of students (grades K through 12) reported to the

State Board as enrolled in the Organizational Unit on

October 1 and March 1 in the immediately preceding school

year, plus the pre-kindergarten students who receive

special education services as reported to the State Board

on October 1 and March 1 in the immediately preceding

school year, or the average number of students (grades K

through 12) reported to the State Board as enrolled in the

Organizational Unit on October 1 and March 1, plus the

pre-kindergarten students who receive special education

services as reported to the State Board on October 1 and

March 1, for each of the immediately preceding 3 school

years. For the purposes of this definition, "enrolled in

the Organizational Unit" means the number of students

reported to the State Board who are enrolled in schools

within the Organizational Unit that the student attends or

would attend if not placed or transferred to another

school or program to receive needed services. For the

purposes of calculating "ASE", all students, grades K

through 12, excluding those attending kindergarten for a

half day and students attending an alternative education

program operated by a regional office of education or

intermediate service center, shall be counted as 1.0. All

students attending kindergarten for a half day shall be

counted as 0.5, unless in 2017 by June 15 or by March 1 in

subsequent years, the school district reports to the State

Board of Education the intent to implement full-day

kindergarten district-wide for all students, then all

students attending kindergarten shall be counted as 1.0.

Special education pre-kindergarten students shall be

counted as 0.5 each. If the State Board does not collect or

has not collected both an October 1 and March 1 enrollment

count by grade or a December 1 collection of special

education pre-kindergarten students as of August 31, 2017

(the effective date of Public Act 100-465), it shall

establish such collection for all future years. For any

year in which a count by grade level was collected only

once, that count shall be used as the single count

available for computing a 3-year average ASE. Funding for

programs operated by a regional office of education or an

intermediate service center must be calculated using the

Evidence-Based Funding formula under this Section for the

2019-2020 school year and each subsequent school year

until separate adequacy formulas are developed and adopted

for each type of program. ASE for a program operated by a

regional office of education or an intermediate service

center must be determined by the March 1 enrollment for

the program. For the 2019-2020 school year, the ASE used

in the calculation must be the first-year ASE and, in that

year only, the assignment of students served by a regional

office of education or intermediate service center shall

not result in a reduction of the March enrollment for any

school district. For the 2020-2021 school year, the ASE

must be the greater of the current-year ASE or the 2-year

average ASE. Beginning with the 2021-2022 school year, the

ASE must be the greater of the current-year ASE or the

3-year average ASE. School districts shall submit the data

for the ASE calculation to the State Board within 45 days

of the dates required in this Section for submission of

enrollment data in order for it to be included in the ASE

calculation. For fiscal year 2018 only, the ASE

calculation shall include only enrollment taken on October

1.

"Base Funding Guarantee" is defined in paragraph (10)

of subsection (g) of this Section.

"Base Funding Minimum" is defined in subsection (e) of

this Section.

"Base Tax Year" means the property tax levy year used

to calculate the Budget Year allocation of primary State

aid.

"Base Tax Year's Extension" means the product of the

equalized assessed valuation utilized by the county clerk

in the Base Tax Year multiplied by the limiting rate as

calculated by the county clerk and defined in PTELL.

"Bilingual Education Allocation" means the amount of

an Organizational Unit's final Adequacy Target

attributable to bilingual education divided by the

Organizational Unit's final Adequacy Target, the product

of which shall be multiplied by the amount of new funding

received pursuant to this Section. An Organizational

Unit's final Adequacy Target attributable to bilingual

education shall include all additional investments in

English learner students' adequacy elements.

"Budget Year" means the school year for which primary

State aid is calculated and awarded under this Section.

"Central office" means individual administrators and

support service personnel charged with managing the

instructional programs, business and operations, and

security of the Organizational Unit.

"Comparable Wage Index" or "CWI" means a regional cost

differentiation metric that measures systemic, regional

variations in the salaries of college graduates who are

not educators. The CWI utilized for this Section shall,

for the first 3 years of Evidence-Based Funding

implementation, be the CWI initially developed by the

National Center for Education Statistics, as most recently

updated by Texas A & M University. In the fourth and

subsequent years of Evidence-Based Funding implementation,

the State Superintendent shall re-determine the CWI using

a similar methodology to that identified in the Texas A & M

University study, with adjustments made no less frequently

than once every 5 years.

"Computer technology and equipment" means computers

servers, notebooks, network equipment, copiers, printers,

instructional software, security software, curriculum

management courseware, and other similar materials and

equipment.

"Computer technology and equipment investment

allocation" means the final Adequacy Target amount of an

Organizational Unit assigned to Tier 1 or Tier 2 in the

prior school year attributable to the additional $285.50

per student computer technology and equipment investment

grant divided by the Organizational Unit's final Adequacy

Target, the result of which shall be multiplied by the

amount of new funding received pursuant to this Section.

An Organizational Unit assigned to a Tier 1 or Tier 2 final

Adequacy Target attributable to the received computer

technology and equipment investment grant shall include

all additional investments in computer technology and

equipment adequacy elements.

"Core subject" means mathematics; science; reading,

English, writing, and language arts; history and social

studies; world languages; and subjects taught as Advanced

Placement in high schools.

"Core teacher" means a regular classroom teacher in

elementary schools and teachers of a core subject in

middle and high schools.

"Core Intervention teacher (tutor)" means a licensed

teacher providing one-on-one or small group tutoring to

students struggling to meet proficiency in core subjects.

"CPPRT" means corporate personal property replacement

tax funds paid to an Organizational Unit during the

calendar year one year before the calendar year in which a

school year begins, pursuant to "An Act in relation to the

abolition of ad valorem personal property tax and the

replacement of revenues lost thereby, and amending and

repealing certain Acts and parts of Acts in connection

therewith", certified August 14, 1979, as amended (Public

Act 81-1st S.S.-1).

"EAV" means equalized assessed valuation as defined in

paragraph (2) of subsection (d) of this Section and

calculated in accordance with paragraph (3) of subsection

(d) of this Section.

"ECI" means the Bureau of Labor Statistics' national

employment cost index for civilian workers in educational

services in elementary and secondary schools on a

cumulative basis for the 12-month calendar year preceding

the fiscal year of the Evidence-Based Funding calculation.

"EIS Data" means the employment information system

data maintained by the State Board on educators within

Organizational Units.

"Employee benefits" means health, dental, and vision

insurance offered to employees of an Organizational Unit,

the costs associated with the statutorily required payment

of the normal cost of the Organizational Unit's teacher

pensions, Social Security employer contributions, and

Illinois Municipal Retirement Fund employer contributions.

"English learner" or "EL" means a child included in

the definition of "English learners" under Section 14C-2

of this Code participating in a program of transitional

bilingual education or a transitional program of

instruction meeting the requirements and program

application procedures of Article 14C of this Code. For

the purposes of collecting the number of EL students

enrolled, the same collection and calculation methodology

as defined above for "ASE" shall apply to English

learners, with the exception that EL student enrollment

shall include students in grades pre-kindergarten through

12.

"Essential Elements" means those elements, resources,

and educational programs that have been identified through

academic research as necessary to improve student success,

improve academic performance, close achievement gaps, and

provide for other per student costs related to the

delivery and leadership of the Organizational Unit, as

well as the maintenance and operations of the unit, and

which are specified in paragraph (2) of subsection (b) of

this Section.

"Evidence-Based Funding" means State funding provided

to an Organizational Unit pursuant to this Section.

"Extended day" means academic and enrichment programs

provided to students outside the regular school day before

and after school or during non-instructional times during

the school day.

"Extension Limitation Ratio" means a numerical ratio

in which the numerator is the Base Tax Year's Extension

and the denominator is the Preceding Tax Year's Extension.

"Final Percent of Adequacy" is defined in paragraph

(4) of subsection (f) of this Section.

"Final Resources" is defined in paragraph (3) of

subsection (f) of this Section.

"Full-time equivalent" or "FTE" means the full-time

equivalency compensation for staffing the relevant

position at an Organizational Unit.

"Funding Gap" is defined in paragraph (1) of

subsection (g).

"Guidance counselor" means a licensed guidance

counselor who provides guidance and counseling support for

students within an Organizational Unit.

"Hybrid District" means a partial elementary unit

district created pursuant to Article 11E of this Code.

"Instructional assistant" means a core or special

education, non-licensed employee who assists a teacher in

the classroom and provides academic support to students.

"Instructional facilitator" means a qualified teacher

or licensed teacher leader who facilitates and coaches

continuous improvement in classroom instruction; provides

instructional support to teachers in the elements of

research-based instruction or demonstrates the alignment

of instruction with curriculum standards and assessment

tools; develops or coordinates instructional programs or

strategies; develops and implements training; chooses

standards-based instructional materials; provides

teachers with an understanding of current research; serves

as a mentor, site coach, curriculum specialist, or lead

teacher; or otherwise works with fellow teachers, in

collaboration, to use data to improve instructional

practice or develop model lessons.

"Instructional materials" means relevant

instructional materials for student instruction,

including, but not limited to, textbooks, consumable

workbooks, laboratory equipment, library books, and other

similar materials.

"Laboratory School" means a public school that is

created and operated by a public university and approved

by the State Board.

"Librarian" means a teacher with an endorsement as a

library information specialist or another individual whose

primary responsibility is overseeing library resources

within an Organizational Unit.

"Limiting rate for Hybrid Districts" means the

combined elementary school and high school limiting rates.

"Local Capacity" is defined in paragraph (1) of

subsection (c) of this Section.

"Local Capacity Percentage" is defined in subparagraph

(A) of paragraph (2) of subsection (c) of this Section.

"Local Capacity Ratio" is defined in subparagraph (B)

of paragraph (2) of subsection (c) of this Section.

"Local Capacity Target" is defined in paragraph (2) of

subsection (c) of this Section.

"Low-Income Count" means, for an Organizational Unit

in a fiscal year, the higher of the average number of

students for the prior school year or the immediately

preceding 3 school years who, as of July 1 of the

immediately preceding fiscal year (as determined by the

Department of Human Services), are eligible for at least

one of the following low-income programs: Medicaid, the

Children's Health Insurance Program, Temporary Assistance

for Needy Families (TANF), or the Supplemental Nutrition

Assistance Program, excluding pupils who are eligible for

services provided by the Department of Children and Family

Services. Until such time that grade level low-income

populations become available, grade level low-income

populations shall be determined by applying the low-income

percentage to total student enrollments by grade level.

The low-income percentage is determined by dividing the

Low-Income Count by the Average Student Enrollment. The

low-income percentage for programs operated by a regional

office of education or an intermediate service center must

be set to the weighted average of the low-income

percentages of all of the school districts in the service

region. The weighted low-income percentage is the result

of multiplying the low-income percentage of each school

district served by the regional office of education or

intermediate service center by each school district's

Average Student Enrollment, summarizing those products and

dividing the total by the total Average Student Enrollment

for the service region.

"Maintenance and operations" means custodial services,

facility and ground maintenance, facility operations,

facility security, routine facility repairs, and other

similar services and functions.

"Minimum Funding Level" is defined in paragraph (9) of

subsection (g) of this Section.

"New Property Tax Relief Pool Funds" means, for any

given fiscal year, all State funds appropriated under

Section 2-3.170 of this the School Code.

"New State Funds" means, for a given school year, all

State funds appropriated for Evidence-Based Funding in

excess of the amount needed to fund the Base Funding

Minimum for all Organizational Units in that school year.

"Net State Contribution Target" means, for a given

school year, the amount of State funds that would be

necessary to fully meet the Adequacy Target of an

Operational Unit minus the Preliminary Resources available

to each unit.

"Nurse" means an individual licensed as a certified

school nurse, in accordance with the rules established for

nursing services by the State Board, who is an employee of

and is available to provide health care-related services

for students of an Organizational Unit.

"Operating Tax Rate" means the rate utilized in the

previous year to extend property taxes for all purposes,

except Bond and Interest, Summer School, Rent, Capital

Improvement, and Vocational Education Building purposes.

For Hybrid Districts, the Operating Tax Rate shall be the

combined elementary and high school rates utilized in the

previous year to extend property taxes for all purposes,

except Bond and Interest, Summer School, Rent, Capital

Improvement, and Vocational Education Building purposes.

"Organizational Unit" means a Laboratory School or any

public school district that is recognized as such by the

State Board and that contains elementary schools typically

serving kindergarten through 5th grades, middle schools

typically serving 6th through 8th grades, high schools

typically serving 9th through 12th grades, a program

established under Section 2-3.66 or 2-3.41, or a program

operated by a regional office of education or an

intermediate service center under Article 13A or 13B. The

General Assembly acknowledges that the actual grade levels

served by a particular Organizational Unit may vary

slightly from what is typical.

"Organizational Unit CWI" is determined by calculating

the CWI in the region and original county in which an

Organizational Unit's primary administrative office is

located as set forth in this paragraph, provided that if

the Organizational Unit CWI as calculated in accordance

with this paragraph is less than 0.9, the Organizational

Unit CWI shall be increased to 0.9. Each county's current

CWI value shall be adjusted based on the CWI value of that

county's neighboring Illinois counties, to create a

"weighted adjusted index value". This shall be calculated

by summing the CWI values of all of a county's adjacent

Illinois counties and dividing by the number of adjacent

Illinois counties, then taking the weighted value of the

original county's CWI value and the adjacent Illinois

county average. To calculate this weighted value, if the

number of adjacent Illinois counties is greater than 2,

the original county's CWI value will be weighted at 0.25

and the adjacent Illinois county average will be weighted

at 0.75. If the number of adjacent Illinois counties is 2,

the original county's CWI value will be weighted at 0.33

and the adjacent Illinois county average will be weighted

at 0.66. The greater of the county's current CWI value and

its weighted adjusted index value shall be used as the

Organizational Unit CWI.

"Preceding Tax Year" means the property tax levy year

immediately preceding the Base Tax Year.

"Preceding Tax Year's Extension" means the product of

the equalized assessed valuation utilized by the county

clerk in the Preceding Tax Year multiplied by the

Operating Tax Rate.

"Preliminary Percent of Adequacy" is defined in

paragraph (2) of subsection (f) of this Section.

"Preliminary Resources" is defined in paragraph (2) of

subsection (f) of this Section.

"Principal" means a school administrator duly endorsed

to be employed as a principal in this State.

"Professional development" means training programs for

licensed staff in schools, including, but not limited to,

programs that assist in implementing new curriculum

programs, provide data focused or academic assessment data

training to help staff identify a student's weaknesses and

strengths, target interventions, improve instruction,

encompass instructional strategies for English learner,

gifted, or at-risk students, address inclusivity, cultural

sensitivity, or implicit bias, or otherwise provide

professional support for licensed staff.

"Prototypical" means 450 special education

pre-kindergarten and kindergarten through grade 5 students

for an elementary school, 450 grade 6 through 8 students

for a middle school, and 600 grade 9 through 12 students

for a high school.

"PTELL" means the Property Tax Extension Limitation

Law.

"PTELL EAV" is defined in paragraph (4) of subsection

(d) of this Section.

"Pupil support staff" means a nurse, psychologist,

social worker, family liaison personnel, or other staff

member who provides support to at-risk or struggling

students.

"Real Receipts" is defined in paragraph (1) of

subsection (d) of this Section.

"Regionalization Factor" means, for a particular

Organizational Unit, the figure derived by dividing the

Organizational Unit CWI by the Statewide Weighted CWI.

"School counselor" means a licensed school counselor

who provides guidance and counseling support for students

within an Organizational Unit.

"School site staff" means the primary school secretary

and any additional clerical personnel assigned to a

school.

"Special education" means special educational

facilities and services, as defined in Section 14-1.08 of

this Code.

"Special Education Allocation" means the amount of an

Organizational Unit's final Adequacy Target attributable

to special education divided by the Organizational Unit's

final Adequacy Target, the product of which shall be

multiplied by the amount of new funding received pursuant

to this Section. An Organizational Unit's final Adequacy

Target attributable to special education shall include all

special education investment adequacy elements.

"Specialist teacher" means a teacher who provides

instruction in subject areas not included in core

subjects, including, but not limited to, art, music,

physical education, health, driver education,

career-technical education, and such other subject areas

as may be mandated by State law or provided by an

Organizational Unit.

"Specially Funded Unit" means an Alternative School,

safe school, Department of Juvenile Justice school,

special education cooperative or entity recognized by the

State Board as a special education cooperative,

State-approved charter school, or alternative learning

opportunities program that received direct funding from

the State Board during the 2016-2017 school year through

any of the funding sources included within the calculation

of the Base Funding Minimum or Glenwood Academy.

"Supplemental Grant Funding" means supplemental

general State aid funding received by an Organizational

Unit during the 2016-2017 school year pursuant to

subsection (H) of Section 18-8.05 of this Code (now

repealed).

"State Adequacy Level" is the sum of the Adequacy

Targets of all Organizational Units.

"State Board" means the State Board of Education.

"State Superintendent" means the State Superintendent

of Education.

"Statewide Weighted CWI" means a figure determined by

multiplying each Organizational Unit CWI times the ASE for

that Organizational Unit creating a weighted value,

summing all Organizational Units' weighted values, and

dividing by the total ASE of all Organizational Units,

thereby creating an average weighted index.

"Student activities" means non-credit producing

after-school programs, including, but not limited to,

clubs, bands, sports, and other activities authorized by

the school board of the Organizational Unit.

"Substitute teacher" means an individual teacher or

teaching assistant who is employed by an Organizational

Unit and is temporarily serving the Organizational Unit on

a per diem or per period-assignment basis to replace

another staff member.

"Summer school" means academic and enrichment programs

provided to students during the summer months outside of

the regular school year.

"Supervisory aide" means a non-licensed staff member

who helps in supervising students of an Organizational

Unit, but does so outside of the classroom, in situations

such as, but not limited to, monitoring hallways and

playgrounds, supervising lunchrooms, or supervising

students when being transported in buses serving the

Organizational Unit.

"Target Ratio" is defined in paragraph (4) of

subsection (g).

"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined

in paragraph (3) of subsection (g).

"Tier 1 Aggregate Funding", "Tier 2 Aggregate

Funding", "Tier 3 Aggregate Funding", and "Tier 4

Aggregate Funding" are defined in paragraph (1) of

subsection (g).

(b) Adequacy Target calculation.

(1) Each Organizational Unit's Adequacy Target is the

sum of the Organizational Unit's cost of providing

Essential Elements, as calculated in accordance with this

subsection (b), with the salary amounts in the Essential

Elements multiplied by a Regionalization Factor calculated

pursuant to paragraph (3) of this subsection (b).

(2) The Essential Elements are attributable on a pro

rata basis related to defined subgroups of the ASE of each

Organizational Unit as specified in this paragraph (2),

with investments and FTE positions pro rata funded based

on ASE counts in excess of or less than the thresholds set

forth in this paragraph (2). The method for calculating

attributable pro rata costs and the defined subgroups

thereto are as follows:

(A) Core class size investments. Each

Organizational Unit shall receive the funding required

to support that number of FTE core teacher positions

as is needed to keep the respective class sizes of the

Organizational Unit to the following maximum numbers:

(i) For grades kindergarten through 3, the

Organizational Unit shall receive funding required

to support one FTE core teacher position for every

15 Low-Income Count students in those grades and

one FTE core teacher position for every 20

non-Low-Income Count students in those grades.

(ii) For grades 4 through 12, the

Organizational Unit shall receive funding required

to support one FTE core teacher position for every

20 Low-Income Count students in those grades and

one FTE core teacher position for every 25

non-Low-Income Count students in those grades.

The number of non-Low-Income Count students in a

grade shall be determined by subtracting the

Low-Income students in that grade from the ASE of the

Organizational Unit for that grade.

(B) Specialist teacher investments. Each

Organizational Unit shall receive the funding needed

to cover that number of FTE specialist teacher

positions that correspond to the following

percentages:

(i) if the Organizational Unit operates an

elementary or middle school, then 20.00% of the

number of the Organizational Unit's core teachers,

as determined under subparagraph (A) of this

paragraph (2); and

(ii) if such Organizational Unit operates a

high school, then 33.33% of the number of the

Organizational Unit's core teachers.

(C) Instructional facilitator investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE instructional facilitator position

for every 200 combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students of the Organizational Unit.

(D) Core intervention teacher (tutor) investments.

Each Organizational Unit shall receive the funding

needed to cover one FTE teacher position for each

prototypical elementary, middle, and high school.

(E) Substitute teacher investments. Each

Organizational Unit shall receive the funding needed

to cover substitute teacher costs that is equal to

5.70% of the minimum pupil attendance days required

under Section 10-19 of this Code for all full-time

equivalent core, specialist, and intervention

teachers, school nurses, special education teachers

and instructional assistants, instructional

facilitators, and summer school and extended day

teacher positions, as determined under this paragraph

(2), at a salary rate of 33.33% of the average salary

for grade K through 12 teachers and 33.33% of the

average salary of each instructional assistant

position.

(F) Core school guidance counselor investments.

Each Organizational Unit shall receive the funding

needed to cover one FTE school guidance counselor for

each 450 combined ASE of pre-kindergarten children

with disabilities and all kindergarten through grade 5

students, plus one FTE school guidance counselor for

each 250 grades 6 through 8 ASE middle school

students, plus one FTE school guidance counselor for

each 250 grades 9 through 12 ASE high school students.

(G) Nurse investments. Each Organizational Unit

shall receive the funding needed to cover one FTE

nurse for each 750 combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students across all grade levels it

serves.

(H) Supervisory aide investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE for each 225 combined ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 5 students, plus one FTE

for each 225 ASE middle school students, plus one FTE

for each 200 ASE high school students.

(I) Librarian investments. Each Organizational

Unit shall receive the funding needed to cover one FTE

librarian for each prototypical elementary school,

middle school, and high school and one FTE aide or

media technician for every 300 combined ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 12 students.

(J) Principal investments. Each Organizational

Unit shall receive the funding needed to cover one FTE

principal position for each prototypical elementary

school, plus one FTE principal position for each

prototypical middle school, plus one FTE principal

position for each prototypical high school.

(K) Assistant principal investments. Each

Organizational Unit shall receive the funding needed

to cover one FTE assistant principal position for each

prototypical elementary school, plus one FTE assistant

principal position for each prototypical middle

school, plus one FTE assistant principal position for

each prototypical high school.

(L) School site staff investments. Each

Organizational Unit shall receive the funding needed

for one FTE position for each 225 ASE of

pre-kindergarten children with disabilities and all

kindergarten through grade 5 students, plus one FTE

position for each 225 ASE middle school students, plus

one FTE position for each 200 ASE high school

students.

(M) Gifted investments. Each Organizational Unit

shall receive $40 per kindergarten through grade 12

ASE.

(N) Professional development investments. Each

Organizational Unit shall receive $125 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students for trainers and other professional

development-related expenses for supplies and

materials.

(O) Instructional material investments. Each

Organizational Unit shall receive $190 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover instructional material costs.

(P) Assessment investments. Each Organizational

Unit shall receive $25 per student of the combined ASE

of pre-kindergarten children with disabilities and all

kindergarten through grade 12 students to cover

assessment costs.

(Q) Computer technology and equipment investments.

Each Organizational Unit shall receive $285.50 per

student of the combined ASE of pre-kindergarten

children with disabilities and all kindergarten

through grade 12 students to cover computer technology

and equipment costs. For the 2018-2019 school year and

subsequent school years, Organizational Units assigned

to Tier 1 and Tier 2 in the prior school year shall

receive an additional $285.50 per student of the

combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover computer technology and equipment

costs in the Organizational Unit's Adequacy Target.

The State Board may establish additional requirements

for Organizational Unit expenditures of funds received

pursuant to this subparagraph (Q), including a

requirement that funds received pursuant to this

subparagraph (Q) may be used only for serving the

technology needs of the district. It is the intent of

Public Act 100-465 that all Tier 1 and Tier 2 districts

receive the addition to their Adequacy Target in the

following year, subject to compliance with the

requirements of the State Board.

(R) Student activities investments. Each

Organizational Unit shall receive the following

funding amounts to cover student activities: $100 per

kindergarten through grade 5 ASE student in elementary

school, plus $200 per ASE student in middle school,

plus $675 per ASE student in high school.

(S) Maintenance and operations investments. Each

Organizational Unit shall receive $1,038 per student

of the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students for day-to-day maintenance and operations

expenditures, including salary, supplies, and

materials, as well as purchased services, but

excluding employee benefits. The proportion of salary

for the application of a Regionalization Factor and

the calculation of benefits is equal to $352.92.

(T) Central office investments. Each

Organizational Unit shall receive $742 per student of

the combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students to cover central office operations, including

administrators and classified personnel charged with

managing the instructional programs, business and

operations of the school district, and security

personnel. The proportion of salary for the

application of a Regionalization Factor and the

calculation of benefits is equal to $368.48.

(U) Employee benefit investments. Each

Organizational Unit shall receive 30% of the total of

all salary-calculated elements of the Adequacy Target,

excluding substitute teachers and student activities

investments, to cover benefit costs. For central

office and maintenance and operations investments, the

benefit calculation shall be based upon the salary

proportion of each investment. If at any time the

responsibility for funding the employer normal cost of

teacher pensions is assigned to school districts, then

that amount certified by the Teachers' Retirement

System of the State of Illinois to be paid by the

Organizational Unit for the preceding school year

shall be added to the benefit investment. For any

fiscal year in which a school district organized under

Article 34 of this Code is responsible for paying the

employer normal cost of teacher pensions, then that

amount of its employer normal cost plus the amount for

retiree health insurance as certified by the Public

School Teachers' Pension and Retirement Fund of

Chicago to be paid by the school district for the

preceding school year that is statutorily required to

cover employer normal costs and the amount for retiree

health insurance shall be added to the 30% specified

in this subparagraph (U). The Teachers' Retirement

System of the State of Illinois and the Public School

Teachers' Pension and Retirement Fund of Chicago shall

submit such information as the State Superintendent

may require for the calculations set forth in this

subparagraph (U).

(V) Additional investments in low-income students.

In addition to and not in lieu of all other funding

under this paragraph (2), each Organizational Unit

shall receive funding based on the average teacher

salary for grades K through 12 to cover the costs of:

(i) one FTE intervention teacher (tutor)

position for every 125 Low-Income Count students;

(ii) one FTE pupil support staff position for

every 125 Low-Income Count students;

(iii) one FTE extended day teacher position

for every 120 Low-Income Count students; and

(iv) one FTE summer school teacher position

for every 120 Low-Income Count students.

(W) Additional investments in English learner

students. In addition to and not in lieu of all other

funding under this paragraph (2), each Organizational

Unit shall receive funding based on the average

teacher salary for grades K through 12 to cover the

costs of:

(i) one FTE intervention teacher (tutor)

position for every 125 English learner students;

(ii) one FTE pupil support staff position for

every 125 English learner students;

(iii) one FTE extended day teacher position

for every 120 English learner students;

(iv) one FTE summer school teacher position

for every 120 English learner students; and

(v) one FTE core teacher position for every

100 English learner students.

(X) Special education investments. Each

Organizational Unit shall receive funding based on the

average teacher salary for grades K through 12 to

cover special education as follows:

(i) one FTE teacher position for every 141

combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students;

(ii) one FTE instructional assistant for every

141 combined ASE of pre-kindergarten children with

disabilities and all kindergarten through grade 12

students; and

(iii) one FTE psychologist position for every

1,000 combined ASE of pre-kindergarten children

with disabilities and all kindergarten through

grade 12 students.

(3) For calculating the salaries included within the

Essential Elements, the State Superintendent shall

annually calculate average salaries to the nearest dollar

using the employment information system data maintained by

the State Board, limited to public schools only and

excluding special education and vocational cooperatives,

schools operated by the Department of Juvenile Justice,

and charter schools, for the following positions:

(A) Teacher for grades K through 8.

(B) Teacher for grades 9 through 12.

(C) Teacher for grades K through 12.

(D) School Guidance counselor for grades K through

8.

(E) School Guidance counselor for grades 9 through

12.

(F) School Guidance counselor for grades K through

12.

(G) Social worker.

(H) Psychologist.

(I) Librarian.

(J) Nurse.

(K) Principal.

(L) Assistant principal.

For the purposes of this paragraph (3), "teacher"

includes core teachers, specialist and elective teachers,

instructional facilitators, tutors, special education

teachers, pupil support staff teachers, English learner

teachers, extended day teachers, and summer school

teachers. Where specific grade data is not required for

the Essential Elements, the average salary for

corresponding positions shall apply. For substitute

teachers, the average teacher salary for grades K through

12 shall apply.

For calculating the salaries included within the

Essential Elements for positions not included within EIS

Data, the following salaries shall be used in the first

year of implementation of Evidence-Based Funding:

(i) school site staff, $30,000; and

(ii) non-instructional assistant, instructional

assistant, library aide, library media tech, or

supervisory aide: $25,000.

In the second and subsequent years of implementation

of Evidence-Based Funding, the amounts in items (i) and

(ii) of this paragraph (3) shall annually increase by the

ECI.

The salary amounts for the Essential Elements

determined pursuant to subparagraphs (A) through (L), (S)

and (T), and (V) through (X) of paragraph (2) of

subsection (b) of this Section shall be multiplied by a

Regionalization Factor.

(c) Local Capacity calculation.

(1) Each Organizational Unit's Local Capacity

represents an amount of funding it is assumed to

contribute toward its Adequacy Target for purposes of the

Evidence-Based Funding formula calculation. "Local

Capacity" means either (i) the Organizational Unit's Local

Capacity Target as calculated in accordance with paragraph

(2) of this subsection (c) if its Real Receipts are equal

to or less than its Local Capacity Target or (ii) the

Organizational Unit's Adjusted Local Capacity, as

calculated in accordance with paragraph (3) of this

subsection (c) if Real Receipts are more than its Local

Capacity Target.

(2) "Local Capacity Target" means, for an

Organizational Unit, that dollar amount that is obtained

by multiplying its Adequacy Target by its Local Capacity

Ratio.

(A) An Organizational Unit's Local Capacity

Percentage is the conversion of the Organizational

Unit's Local Capacity Ratio, as such ratio is

determined in accordance with subparagraph (B) of this

paragraph (2), into a cumulative distribution

resulting in a percentile ranking to determine each

Organizational Unit's relative position to all other

Organizational Units in this State. The calculation of

Local Capacity Percentage is described in subparagraph

(C) of this paragraph (2).

(B) An Organizational Unit's Local Capacity Ratio

in a given year is the percentage obtained by dividing

its Adjusted EAV or PTELL EAV, whichever is less, by

its Adequacy Target, with the resulting ratio further

adjusted as follows:

(i) for Organizational Units serving grades

kindergarten through 12 and Hybrid Districts, no

further adjustments shall be made;

(ii) for Organizational Units serving grades

kindergarten through 8, the ratio shall be

multiplied by 9/13;

(iii) for Organizational Units serving grades

9 through 12, the Local Capacity Ratio shall be

multiplied by 4/13; and

(iv) for an Organizational Unit with a

different grade configuration than those specified

in items (i) through (iii) of this subparagraph

(B), the State Superintendent shall determine a

comparable adjustment based on the grades served.

(C) The Local Capacity Percentage is equal to the

percentile ranking of the district. Local Capacity

Percentage converts each Organizational Unit's Local

Capacity Ratio to a cumulative distribution resulting

in a percentile ranking to determine each

Organizational Unit's relative position to all other

Organizational Units in this State. The Local Capacity

Percentage cumulative distribution resulting in a

percentile ranking for each Organizational Unit shall

be calculated using the standard normal distribution

of the score in relation to the weighted mean and

weighted standard deviation and Local Capacity Ratios

of all Organizational Units. If the value assigned to

any Organizational Unit is in excess of 90%, the value

shall be adjusted to 90%. For Laboratory Schools, the

Local Capacity Percentage shall be set at 10% in

recognition of the absence of EAV and resources from

the public university that are allocated to the

Laboratory School. For programs operated by a regional

office of education or an intermediate service center,

the Local Capacity Percentage must be set at 10% in

recognition of the absence of EAV and resources from

school districts that are allocated to the regional

office of education or intermediate service center.

The weighted mean for the Local Capacity Percentage

shall be determined by multiplying each Organizational

Unit's Local Capacity Ratio times the ASE for the unit

creating a weighted value, summing the weighted values

of all Organizational Units, and dividing by the total

ASE of all Organizational Units. The weighted standard

deviation shall be determined by taking the square

root of the weighted variance of all Organizational

Units' Local Capacity Ratio, where the variance is

calculated by squaring the difference between each

unit's Local Capacity Ratio and the weighted mean,

then multiplying the variance for each unit times the

ASE for the unit to create a weighted variance for each

unit, then summing all units' weighted variance and

dividing by the total ASE of all units.

(D) For any Organizational Unit, the

Organizational Unit's Adjusted Local Capacity Target

shall be reduced by either (i) the school board's

remaining contribution pursuant to paragraph (ii) of

subsection (b-4) of Section 16-158 of the Illinois

Pension Code in a given year or (ii) the board of

education's remaining contribution pursuant to

paragraph (iv) of subsection (b) of Section 17-129 of

the Illinois Pension Code absent the employer normal

cost portion of the required contribution and amount

allowed pursuant to subdivision (3) of Section

17-142.1 of the Illinois Pension Code in a given year.

In the preceding sentence, item (i) shall be certified

to the State Board of Education by the Teachers'

Retirement System of the State of Illinois and item

(ii) shall be certified to the State Board of

Education by the Public School Teachers' Pension and

Retirement Fund of the City of Chicago.

(3) If an Organizational Unit's Real Receipts are more

than its Local Capacity Target, then its Local Capacity

shall equal an Adjusted Local Capacity Target as

calculated in accordance with this paragraph (3). The

Adjusted Local Capacity Target is calculated as the sum of

the Organizational Unit's Local Capacity Target and its

Real Receipts Adjustment. The Real Receipts Adjustment

equals the Organizational Unit's Real Receipts less its

Local Capacity Target, with the resulting figure

multiplied by the Local Capacity Percentage.

As used in this paragraph (3), "Real Percent of

Adequacy" means the sum of an Organizational Unit's Real

Receipts, CPPRT, and Base Funding Minimum, with the

resulting figure divided by the Organizational Unit's

Adequacy Target.

(d) Calculation of Real Receipts, EAV, and Adjusted EAV

for purposes of the Local Capacity calculation.

(1) An Organizational Unit's Real Receipts are the

product of its Applicable Tax Rate and its Adjusted EAV.

An Organizational Unit's Applicable Tax Rate is its

Adjusted Operating Tax Rate for property within the

Organizational Unit.

(2) The State Superintendent shall calculate the

equalized assessed valuation, or EAV, of all taxable

property of each Organizational Unit as of September 30 of

the previous year in accordance with paragraph (3) of this

subsection (d). The State Superintendent shall then

determine the Adjusted EAV of each Organizational Unit in

accordance with paragraph (4) of this subsection (d),

which Adjusted EAV figure shall be used for the purposes

of calculating Local Capacity.

(3) To calculate Real Receipts and EAV, the Department

of Revenue shall supply to the State Superintendent the

value as equalized or assessed by the Department of

Revenue of all taxable property of every Organizational

Unit, together with (i) the applicable tax rate used in

extending taxes for the funds of the Organizational Unit

as of September 30 of the previous year and (ii) the

limiting rate for all Organizational Units subject to

property tax extension limitations as imposed under PTELL.

(A) The Department of Revenue shall add to the

equalized assessed value of all taxable property of

each Organizational Unit situated entirely or

partially within a county that is or was subject to the

provisions of Section 15-176 or 15-177 of the Property

Tax Code (i) an amount equal to the total amount by

which the homestead exemption allowed under Section

15-176 or 15-177 of the Property Tax Code for real

property situated in that Organizational Unit exceeds

the total amount that would have been allowed in that

Organizational Unit if the maximum reduction under

Section 15-176 was (I) $4,500 in Cook County or $3,500

in all other counties in tax year 2003 or (II) $5,000

in all counties in tax year 2004 and thereafter and

(ii) an amount equal to the aggregate amount for the

taxable year of all additional exemptions under

Section 15-175 of the Property Tax Code for owners

with a household income of $30,000 or less. The county

clerk of any county that is or was subject to the

provisions of Section 15-176 or 15-177 of the Property

Tax Code shall annually calculate and certify to the

Department of Revenue for each Organizational Unit all

homestead exemption amounts under Section 15-176 or

15-177 of the Property Tax Code and all amounts of

additional exemptions under Section 15-175 of the

Property Tax Code for owners with a household income

of $30,000 or less. It is the intent of this

subparagraph (A) that if the general homestead

exemption for a parcel of property is determined under

Section 15-176 or 15-177 of the Property Tax Code

rather than Section 15-175, then the calculation of

EAV shall not be affected by the difference, if any,

between the amount of the general homestead exemption

allowed for that parcel of property under Section

15-176 or 15-177 of the Property Tax Code and the

amount that would have been allowed had the general

homestead exemption for that parcel of property been

determined under Section 15-175 of the Property Tax

Code. It is further the intent of this subparagraph

(A) that if additional exemptions are allowed under

Section 15-175 of the Property Tax Code for owners

with a household income of less than $30,000, then the

calculation of EAV shall not be affected by the

difference, if any, because of those additional

exemptions.

(B) With respect to any part of an Organizational

Unit within a redevelopment project area in respect to

which a municipality has adopted tax increment

allocation financing pursuant to the Tax Increment

Allocation Redevelopment Act, Division 74.4 of Article

11 of the Illinois Municipal Code, or the Industrial

Jobs Recovery Law, Division 74.6 of Article 11 of the

Illinois Municipal Code, no part of the current EAV of

real property located in any such project area that is

attributable to an increase above the total initial

EAV of such property shall be used as part of the EAV

of the Organizational Unit, until such time as all

redevelopment project costs have been paid, as

provided in Section 11-74.4-8 of the Tax Increment

Allocation Redevelopment Act or in Section 11-74.6-35

of the Industrial Jobs Recovery Law. For the purpose

of the EAV of the Organizational Unit, the total

initial EAV or the current EAV, whichever is lower,

shall be used until such time as all redevelopment

project costs have been paid.

(B-5) The real property equalized assessed

valuation for a school district shall be adjusted by

subtracting from the real property value, as equalized

or assessed by the Department of Revenue, for the

district an amount computed by dividing the amount of

any abatement of taxes under Section 18-170 of the

Property Tax Code by 3.00% for a district maintaining

grades kindergarten through 12, by 2.30% for a

district maintaining grades kindergarten through 8, or

by 1.05% for a district maintaining grades 9 through

12 and adjusted by an amount computed by dividing the

amount of any abatement of taxes under subsection (a)

of Section 18-165 of the Property Tax Code by the same

percentage rates for district type as specified in

this subparagraph (B-5).

(C) For Organizational Units that are Hybrid

Districts, the State Superintendent shall use the

lesser of the adjusted equalized assessed valuation

for property within the partial elementary unit

district for elementary purposes, as defined in

Article 11E of this Code, or the adjusted equalized

assessed valuation for property within the partial

elementary unit district for high school purposes, as

defined in Article 11E of this Code.

(4) An Organizational Unit's Adjusted EAV shall be the

average of its EAV over the immediately preceding 3 years

or its EAV in the immediately preceding year if the EAV in

the immediately preceding year has declined by 10% or more

compared to the 3-year average. In the event of

Organizational Unit reorganization, consolidation, or

annexation, the Organizational Unit's Adjusted EAV for the

first 3 years after such change shall be as follows: the

most current EAV shall be used in the first year, the

average of a 2-year EAV or its EAV in the immediately

preceding year if the EAV declines by 10% or more compared

to the 2-year average for the second year, and a 3-year

average EAV or its EAV in the immediately preceding year

if the Adjusted EAV declines by 10% or more compared to the

3-year average for the third year. For any school district

whose EAV in the immediately preceding year is used in

calculations, in the following year, the Adjusted EAV

shall be the average of its EAV over the immediately

preceding 2 years or the immediately preceding year if

that year represents a decline of 10% or more compared to

the 2-year average.

"PTELL EAV" means a figure calculated by the State

Board for Organizational Units subject to PTELL as

described in this paragraph (4) for the purposes of

calculating an Organizational Unit's Local Capacity Ratio.

Except as otherwise provided in this paragraph (4), the

PTELL EAV of an Organizational Unit shall be equal to the

product of the equalized assessed valuation last used in

the calculation of general State aid under Section 18-8.05

of this Code (now repealed) or Evidence-Based Funding

under this Section and the Organizational Unit's Extension

Limitation Ratio. If an Organizational Unit has approved

or does approve an increase in its limiting rate, pursuant

to Section 18-190 of the Property Tax Code, affecting the

Base Tax Year, the PTELL EAV shall be equal to the product

of the equalized assessed valuation last used in the

calculation of general State aid under Section 18-8.05 of

this Code (now repealed) or Evidence-Based Funding under

this Section multiplied by an amount equal to one plus the

percentage increase, if any, in the Consumer Price Index

for All Urban Consumers for all items published by the

United States Department of Labor for the 12-month

calendar year preceding the Base Tax Year, plus the

equalized assessed valuation of new property, annexed

property, and recovered tax increment value and minus the

equalized assessed valuation of disconnected property.

As used in this paragraph (4), "new property" and

"recovered tax increment value" shall have the meanings

set forth in the Property Tax Extension Limitation Law.

(e) Base Funding Minimum calculation.

(1) For the 2017-2018 school year, the Base Funding

Minimum of an Organizational Unit or a Specially Funded

Unit shall be the amount of State funds distributed to the

Organizational Unit or Specially Funded Unit during the

2016-2017 school year prior to any adjustments and

specified appropriation amounts described in this

paragraph (1) from the following Sections, as calculated

by the State Superintendent: Section 18-8.05 of this Code

(now repealed); Section 5 of Article 224 of Public Act

99-524 (equity grants); Section 14-7.02b of this Code

(funding for children requiring special education

services); Section 14-13.01 of this Code (special

education facilities and staffing), except for

reimbursement of the cost of transportation pursuant to

Section 14-13.01; Section 14C-12 of this Code (English

learners); and Section 18-4.3 of this Code (summer

school), based on an appropriation level of $13,121,600.

For a school district organized under Article 34 of this

Code, the Base Funding Minimum also includes (i) the funds

allocated to the school district pursuant to Section 1D-1

of this Code attributable to funding programs authorized

by the Sections of this Code listed in the preceding

sentence and (ii) the difference between (I) the funds

allocated to the school district pursuant to Section 1D-1

of this Code attributable to the funding programs

authorized by Section 14-7.02 (non-public special

education reimbursement), subsection (b) of Section

14-13.01 (special education transportation), Section 29-5

(transportation), Section 2-3.80 (agricultural

education), Section 2-3.66 (truants' alternative

education), Section 2-3.62 (educational service centers),

and Section 14-7.03 (special education - orphanage) of

this Code and Section 15 of the Childhood Hunger Relief

Act (free breakfast program) and (II) the school

district's actual expenditures for its non-public special

education, special education transportation,

transportation programs, agricultural education, truants'

alternative education, services that would otherwise be

performed by a regional office of education, special

education orphanage expenditures, and free breakfast, as

most recently calculated and reported pursuant to

subsection (f) of Section 1D-1 of this Code. The Base

Funding Minimum for Glenwood Academy shall be $625,500.

For programs operated by a regional office of education or

an intermediate service center, the Base Funding Minimum

must be the total amount of State funds allocated to those

programs in the 2018-2019 school year and amounts provided

pursuant to Article 34 of Public Act 100-586 and Section

3-16 of this Code. All programs established after June 5,

2019 (the effective date of Public Act 101-10) and

administered by a regional office of education or an

intermediate service center must have an initial Base

Funding Minimum set to an amount equal to the first-year

ASE multiplied by the amount of per pupil funding received

in the previous school year by the lowest funded similar

existing program type. If the enrollment for a program

operated by a regional office of education or an

intermediate service center is zero, then it may not

receive Base Funding Minimum funds for that program in the

next fiscal year, and those funds must be distributed to

Organizational Units under subsection (g).

(2) For the 2018-2019 and subsequent school years, the

Base Funding Minimum of Organizational Units and Specially

Funded Units shall be the sum of (i) the amount of

Evidence-Based Funding for the prior school year, (ii) the

Base Funding Minimum for the prior school year, and (iii)

any amount received by a school district pursuant to

Section 7 of Article 97 of Public Act 100-21.

(3) Subject to approval by the General Assembly as

provided in this paragraph (3), an Organizational Unit

that meets all of the following criteria, as determined by

the State Board, shall have District Intervention Money

added to its Base Funding Minimum at the time the Base

Funding Minimum is calculated by the State Board:

(A) The Organizational Unit is operating under an

Independent Authority under Section 2-3.25f-5 of this

Code for a minimum of 4 school years or is subject to

the control of the State Board pursuant to a court

order for a minimum of 4 school years.

(B) The Organizational Unit was designated as a

Tier 1 or Tier 2 Organizational Unit in the previous

school year under paragraph (3) of subsection (g) of

this Section.

(C) The Organizational Unit demonstrates

sustainability through a 5-year financial and

strategic plan.

(D) The Organizational Unit has made sufficient

progress and achieved sufficient stability in the

areas of governance, academic growth, and finances.

As part of its determination under this paragraph (3),

the State Board may consider the Organizational Unit's

summative designation, any accreditations of the

Organizational Unit, or the Organizational Unit's

financial profile, as calculated by the State Board.

If the State Board determines that an Organizational

Unit has met the criteria set forth in this paragraph (3),

it must submit a report to the General Assembly, no later

than January 2 of the fiscal year in which the State Board

makes it determination, on the amount of District

Intervention Money to add to the Organizational Unit's

Base Funding Minimum. The General Assembly must review the

State Board's report and may approve or disapprove, by

joint resolution, the addition of District Intervention

Money. If the General Assembly fails to act on the report

within 40 calendar days from the receipt of the report,

the addition of District Intervention Money is deemed

approved. If the General Assembly approves the amount of

District Intervention Money to be added to the

Organizational Unit's Base Funding Minimum, the District

Intervention Money must be added to the Base Funding

Minimum annually thereafter.

For the first 4 years following the initial year that

the State Board determines that an Organizational Unit has

met the criteria set forth in this paragraph (3) and has

received funding under this Section, the Organizational

Unit must annually submit to the State Board, on or before

November 30, a progress report regarding its financial and

strategic plan under subparagraph (C) of this paragraph

(3). The plan shall include the financial data from the

past 4 annual financial reports or financial audits that

must be presented to the State Board by November 15 of each

year and the approved budget financial data for the

current year. The plan shall be developed according to the

guidelines presented to the Organizational Unit by the

State Board. The plan shall further include financial

projections for the next 3 fiscal years and include a

discussion and financial summary of the Organizational

Unit's facility needs. If the Organizational Unit does not

demonstrate sufficient progress toward its 5-year plan or

if it has failed to file an annual financial report, an

annual budget, a financial plan, a deficit reduction plan,

or other financial information as required by law, the

State Board may establish a Financial Oversight Panel

under Article 1H of this Code. However, if the

Organizational Unit already has a Financial Oversight

Panel, the State Board may extend the duration of the

Panel.

(f) Percent of Adequacy and Final Resources calculation.

(1) The Evidence-Based Funding formula establishes a

Percent of Adequacy for each Organizational Unit in order

to place such units into tiers for the purposes of the

funding distribution system described in subsection (g) of

this Section. Initially, an Organizational Unit's

Preliminary Resources and Preliminary Percent of Adequacy

are calculated pursuant to paragraph (2) of this

subsection (f). Then, an Organizational Unit's Final

Resources and Final Percent of Adequacy are calculated to

account for the Organizational Unit's poverty

concentration levels pursuant to paragraphs (3) and (4) of

this subsection (f).

(2) An Organizational Unit's Preliminary Resources are

equal to the sum of its Local Capacity Target, CPPRT, and

Base Funding Minimum. An Organizational Unit's Preliminary

Percent of Adequacy is the lesser of (i) its Preliminary

Resources divided by its Adequacy Target or (ii) 100%.

(3) Except for Specially Funded Units, an

Organizational Unit's Final Resources are equal to the sum

of its Local Capacity, CPPRT, and Adjusted Base Funding

Minimum. The Base Funding Minimum of each Specially Funded

Unit shall serve as its Final Resources, except that the

Base Funding Minimum for State-approved charter schools

shall not include any portion of general State aid

allocated in the prior year based on the per capita

tuition charge times the charter school enrollment.

(4) An Organizational Unit's Final Percent of Adequacy

is its Final Resources divided by its Adequacy Target. An

Organizational Unit's Adjusted Base Funding Minimum is

equal to its Base Funding Minimum less its Supplemental

Grant Funding, with the resulting figure added to the

product of its Supplemental Grant Funding and Preliminary

Percent of Adequacy.

(g) Evidence-Based Funding formula distribution system.

(1) In each school year under the Evidence-Based

Funding formula, each Organizational Unit receives funding

equal to the sum of its Base Funding Minimum and the unit's

allocation of New State Funds determined pursuant to this

subsection (g). To allocate New State Funds, the

Evidence-Based Funding formula distribution system first

places all Organizational Units into one of 4 tiers in

accordance with paragraph (3) of this subsection (g),

based on the Organizational Unit's Final Percent of

Adequacy. New State Funds are allocated to each of the 4

tiers as follows: Tier 1 Aggregate Funding equals 50% of

all New State Funds, Tier 2 Aggregate Funding equals 49%

of all New State Funds, Tier 3 Aggregate Funding equals

0.9% of all New State Funds, and Tier 4 Aggregate Funding

equals 0.1% of all New State Funds. Each Organizational

Unit within Tier 1 or Tier 2 receives an allocation of New

State Funds equal to its tier Funding Gap, as defined in

the following sentence, multiplied by the tier's

Allocation Rate determined pursuant to paragraph (4) of

this subsection (g). For Tier 1, an Organizational Unit's

Funding Gap equals the tier's Target Ratio, as specified

in paragraph (5) of this subsection (g), multiplied by the

Organizational Unit's Adequacy Target, with the resulting

amount reduced by the Organizational Unit's Final

Resources. For Tier 2, an Organizational Unit's Funding

Gap equals the tier's Target Ratio, as described in

paragraph (5) of this subsection (g), multiplied by the

Organizational Unit's Adequacy Target, with the resulting

amount reduced by the Organizational Unit's Final

Resources and its Tier 1 funding allocation. To determine

the Organizational Unit's Funding Gap, the resulting

amount is then multiplied by a factor equal to one minus

the Organizational Unit's Local Capacity Target

percentage. Each Organizational Unit within Tier 3 or Tier

4 receives an allocation of New State Funds equal to the

product of its Adequacy Target and the tier's Allocation

Rate, as specified in paragraph (4) of this subsection

(g).

(2) To ensure equitable distribution of dollars for

all Tier 2 Organizational Units, no Tier 2 Organizational

Unit shall receive fewer dollars per ASE than any Tier 3

Organizational Unit. Each Tier 2 and Tier 3 Organizational

Unit shall have its funding allocation divided by its ASE.

Any Tier 2 Organizational Unit with a funding allocation

per ASE below the greatest Tier 3 allocation per ASE shall

get a funding allocation equal to the greatest Tier 3

funding allocation per ASE multiplied by the

Organizational Unit's ASE. Each Tier 2 Organizational

Unit's Tier 2 funding allocation shall be multiplied by

the percentage calculated by dividing the original Tier 2

Aggregate Funding by the sum of all Tier 2 Organizational

Units' Tier 2 funding allocation after adjusting

districts' funding below Tier 3 levels.

(3) Organizational Units are placed into one of 4

tiers as follows:

(A) Tier 1 consists of all Organizational Units,

except for Specially Funded Units, with a Percent of

Adequacy less than the Tier 1 Target Ratio. The Tier 1

Target Ratio is the ratio level that allows for Tier 1

Aggregate Funding to be distributed, with the Tier 1

Allocation Rate determined pursuant to paragraph (4)

of this subsection (g).

(B) Tier 2 consists of all Tier 1 Units and all

other Organizational Units, except for Specially

Funded Units, with a Percent of Adequacy of less than

0.90.

(C) Tier 3 consists of all Organizational Units,

except for Specially Funded Units, with a Percent of

Adequacy of at least 0.90 and less than 1.0.

(D) Tier 4 consists of all Organizational Units

with a Percent of Adequacy of at least 1.0.

(4) The Allocation Rates for Tiers 1 through 4 are

determined as follows:

(A) The Tier 1 Allocation Rate is 30%.

(B) The Tier 2 Allocation Rate is the result of the

following equation: Tier 2 Aggregate Funding, divided

by the sum of the Funding Gaps for all Tier 2

Organizational Units, unless the result of such

equation is higher than 1.0. If the result of such

equation is higher than 1.0, then the Tier 2

Allocation Rate is 1.0.

(C) The Tier 3 Allocation Rate is the result of the

following equation: Tier 3 Aggregate Funding, divided

by the sum of the Adequacy Targets of all Tier 3

Organizational Units.

(D) The Tier 4 Allocation Rate is the result of the

following equation: Tier 4 Aggregate Funding, divided

by the sum of the Adequacy Targets of all Tier 4

Organizational Units.

(5) A tier's Target Ratio is determined as follows:

(A) The Tier 1 Target Ratio is the ratio level that

allows for Tier 1 Aggregate Funding to be distributed

with the Tier 1 Allocation Rate.

(B) The Tier 2 Target Ratio is 0.90.

(C) The Tier 3 Target Ratio is 1.0.

(6) If, at any point, the Tier 1 Target Ratio is

greater than 90%, then than all Tier 1 funding shall be

allocated to Tier 2 and no Tier 1 Organizational Unit's

funding may be identified.

(7) In the event that all Tier 2 Organizational Units

receive funding at the Tier 2 Target Ratio level, any

remaining New State Funds shall be allocated to Tier 3 and

Tier 4 Organizational Units.

(8) If any Specially Funded Units, excluding Glenwood

Academy, recognized by the State Board do not qualify for

direct funding following the implementation of Public Act

100-465 from any of the funding sources included within

the definition of Base Funding Minimum, the unqualified

portion of the Base Funding Minimum shall be transferred

to one or more appropriate Organizational Units as

determined by the State Superintendent based on the prior

year ASE of the Organizational Units.

(8.5) If a school district withdraws from a special

education cooperative, the portion of the Base Funding

Minimum that is attributable to the school district may be

redistributed to the school district upon withdrawal. The

school district and the cooperative must include the

amount of the Base Funding Minimum that is to be

reapportioned in their withdrawal agreement and notify the

State Board of the change with a copy of the agreement upon

withdrawal.

(9) The Minimum Funding Level is intended to establish

a target for State funding that will keep pace with

inflation and continue to advance equity through the

Evidence-Based Funding formula. The target for State

funding of New Property Tax Relief Pool Funds is

$50,000,000 for State fiscal year 2019 and subsequent

State fiscal years. The Minimum Funding Level is equal to

$350,000,000. In addition to any New State Funds, no more

than $50,000,000 New Property Tax Relief Pool Funds may be

counted toward the Minimum Funding Level. If the sum of

New State Funds and applicable New Property Tax Relief

Pool Funds are less than the Minimum Funding Level, than

funding for tiers shall be reduced in the following

manner:

(A) First, Tier 4 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds until such time as

Tier 4 funding is exhausted.

(B) Next, Tier 3 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds and the reduction in

Tier 4 funding until such time as Tier 3 funding is

exhausted.

(C) Next, Tier 2 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding Level and New State Funds and the reduction in

Tier 4 and Tier 3.

(D) Finally, Tier 1 funding shall be reduced by an

amount equal to the difference between the Minimum

Funding level and New State Funds and the reduction in

Tier 2, 3, and 4 funding. In addition, the Allocation

Rate for Tier 1 shall be reduced to a percentage equal

to the Tier 1 Allocation Rate set by paragraph (4) of

this subsection (g), multiplied by the result of New

State Funds divided by the Minimum Funding Level.

(9.5) For State fiscal year 2019 and subsequent State

fiscal years, if New State Funds exceed $300,000,000, then

any amount in excess of $300,000,000 shall be dedicated

for purposes of Section 2-3.170 of this Code up to a

maximum of $50,000,000.

(10) In the event of a decrease in the amount of the

appropriation for this Section in any fiscal year after

implementation of this Section, the Organizational Units

receiving Tier 1 and Tier 2 funding, as determined under

paragraph (3) of this subsection (g), shall be held

harmless by establishing a Base Funding Guarantee equal to

the per pupil kindergarten through grade 12 funding

received in accordance with this Section in the prior

fiscal year. Reductions shall be made to the Base Funding

Minimum of Organizational Units in Tier 3 and Tier 4 on a

per pupil basis equivalent to the total number of the ASE

in Tier 3-funded and Tier 4-funded Organizational Units

divided by the total reduction in State funding. The Base

Funding Minimum as reduced shall continue to be applied to

Tier 3 and Tier 4 Organizational Units and adjusted by the

relative formula when increases in appropriations for this

Section resume. In no event may State funding reductions

to Organizational Units in Tier 3 or Tier 4 exceed an

amount that would be less than the Base Funding Minimum

established in the first year of implementation of this

Section. If additional reductions are required, all school

districts shall receive a reduction by a per pupil amount

equal to the aggregate additional appropriation reduction

divided by the total ASE of all Organizational Units.

(11) The State Superintendent shall make minor

adjustments to the distribution formula set forth in this

subsection (g) to account for the rounding of percentages

to the nearest tenth of a percentage and dollar amounts to

the nearest whole dollar.

(h) State Superintendent administration of funding and

district submission requirements.

(1) The State Superintendent shall, in accordance with

appropriations made by the General Assembly, meet the

funding obligations created under this Section.

(2) The State Superintendent shall calculate the

Adequacy Target for each Organizational Unit and Net State

Contribution Target for each Organizational Unit under

this Section. No Evidence-Based Funding shall be

distributed within an Organizational Unit without the

approval of the unit's school board.

(3) Annually, the State Superintendent shall calculate

and report to each Organizational Unit the unit's

aggregate financial adequacy amount, which shall be the

sum of the Adequacy Target for each Organizational Unit.

The State Superintendent shall calculate and report

separately for each Organizational Unit the unit's total

State funds allocated for its students with disabilities.

The State Superintendent shall calculate and report

separately for each Organizational Unit the amount of

funding and applicable FTE calculated for each Essential

Element of the unit's Adequacy Target.

(4) Annually, the State Superintendent shall calculate

and report to each Organizational Unit the amount the unit

must expend on special education and bilingual education

and computer technology and equipment for Organizational

Units assigned to Tier 1 or Tier 2 that received an

additional $285.50 per student computer technology and

equipment investment grant to their Adequacy Target

pursuant to the unit's Base Funding Minimum, Special

Education Allocation, Bilingual Education Allocation, and

computer technology and equipment investment allocation.

(5) Moneys distributed under this Section shall be

calculated on a school year basis, but paid on a fiscal

year basis, with payments beginning in August and

extending through June. Unless otherwise provided, the

moneys appropriated for each fiscal year shall be

distributed in 22 equal payments at least 2 times monthly

to each Organizational Unit. If moneys appropriated for

any fiscal year are distributed other than monthly, the

distribution shall be on the same basis for each

Organizational Unit.

(6) Any school district that fails, for any given

school year, to maintain school as required by law or to

maintain a recognized school is not eligible to receive

Evidence-Based Funding. In case of non-recognition of one

or more attendance centers in a school district otherwise

operating recognized schools, the claim of the district

shall be reduced in the proportion that the enrollment in

the attendance center or centers bears to the enrollment

of the school district. "Recognized school" means any

public school that meets the standards for recognition by

the State Board. A school district or attendance center

not having recognition status at the end of a school term

is entitled to receive State aid payments due upon a legal

claim that was filed while it was recognized.

(7) School district claims filed under this Section

are subject to Sections 18-9 and 18-12 of this Code,

except as otherwise provided in this Section.

(8) Each fiscal year, the State Superintendent shall

calculate for each Organizational Unit an amount of its

Base Funding Minimum and Evidence-Based Funding that shall

be deemed attributable to the provision of special

educational facilities and services, as defined in Section

14-1.08 of this Code, in a manner that ensures compliance

with maintenance of State financial support requirements

under the federal Individuals with Disabilities Education

Act. An Organizational Unit must use such funds only for

the provision of special educational facilities and

services, as defined in Section 14-1.08 of this Code, and

must comply with any expenditure verification procedures

adopted by the State Board.

(9) All Organizational Units in this State must submit

annual spending plans by the end of September of each year

to the State Board as part of the annual budget process,

which shall describe how each Organizational Unit will

utilize the Base Funding Minimum and Evidence-Based

Funding it receives from this State under this Section

with specific identification of the intended utilization

of Low-Income, English learner, and special education

resources. Additionally, the annual spending plans of each

Organizational Unit shall describe how the Organizational

Unit expects to achieve student growth and how the

Organizational Unit will achieve State education goals, as

defined by the State Board. The State Superintendent may,

from time to time, identify additional requisites for

Organizational Units to satisfy when compiling the annual

spending plans required under this subsection (h). The

format and scope of annual spending plans shall be

developed by the State Superintendent and the State Board

of Education. School districts that serve students under

Article 14C of this Code shall continue to submit

information as required under Section 14C-12 of this Code.

(10) No later than January 1, 2018, the State

Superintendent shall develop a 5-year strategic plan for

all Organizational Units to help in planning for adequacy

funding under this Section. The State Superintendent shall

submit the plan to the Governor and the General Assembly,

as provided in Section 3.1 of the General Assembly

Organization Act. The plan shall include recommendations

for:

(A) a framework for collaborative, professional,

innovative, and 21st century learning environments

using the Evidence-Based Funding model;

(B) ways to prepare and support this State's

educators for successful instructional careers;

(C) application and enhancement of the current

financial accountability measures, the approved State

plan to comply with the federal Every Student Succeeds

Act, and the Illinois Balanced Accountability Measures

in relation to student growth and elements of the

Evidence-Based Funding model; and

(D) implementation of an effective school adequacy

funding system based on projected and recommended

funding levels from the General Assembly.

(11) On an annual basis, the State Superintendent must

recalibrate all of the following per pupil elements of the

Adequacy Target and applied to the formulas, based on the

study of average expenses and as reported in the most

recent annual financial report:

(A) Gifted under subparagraph (M) of paragraph (2)

of subsection (b).

(B) Instructional materials under subparagraph (O)

of paragraph (2) of subsection (b).

(C) Assessment under subparagraph (P) of paragraph

(2) of subsection (b).

(D) Student activities under subparagraph (R) of

paragraph (2) of subsection (b).

(E) Maintenance and operations under subparagraph

(S) of paragraph (2) of subsection (b).

(F) Central office under subparagraph (T) of

paragraph (2) of subsection (b).

(i) Professional Review Panel.

(1) A Professional Review Panel is created to study

and review topics related to the implementation and effect

of Evidence-Based Funding, as assigned by a joint

resolution or Public Act of the General Assembly or a

motion passed by the State Board of Education. The Panel

must provide recommendations to and serve the Governor,

the General Assembly, and the State Board. The State

Superintendent or his or her designee must serve as a

voting member and chairperson of the Panel. The State

Superintendent must appoint a vice chairperson from the

membership of the Panel. The Panel must advance

recommendations based on a three-fifths majority vote of

Panel members present and voting. A minority opinion may

also accompany any recommendation of the Panel. The Panel

shall be appointed by the State Superintendent, except as

otherwise provided in paragraph (2) of this subsection (i)

and include the following members:

(A) Two appointees that represent district

superintendents, recommended by a statewide

organization that represents district superintendents.

(B) Two appointees that represent school boards,

recommended by a statewide organization that

represents school boards.

(C) Two appointees from districts that represent

school business officials, recommended by a statewide

organization that represents school business

officials.

(D) Two appointees that represent school

principals, recommended by a statewide organization

that represents school principals.

(E) Two appointees that represent teachers,

recommended by a statewide organization that

represents teachers.

(F) Two appointees that represent teachers,

recommended by another statewide organization that

represents teachers.

(G) Two appointees that represent regional

superintendents of schools, recommended by

organizations that represent regional superintendents.

(H) Two independent experts selected solely by the

State Superintendent.

(I) Two independent experts recommended by public

universities in this State.

(J) One member recommended by a statewide

organization that represents parents.

(K) Two representatives recommended by collective

impact organizations that represent major metropolitan

areas or geographic areas in Illinois.

(L) One member from a statewide organization

focused on research-based education policy to support

a school system that prepares all students for

college, a career, and democratic citizenship.

(M) One representative from a school district

organized under Article 34 of this Code.

The State Superintendent shall ensure that the

membership of the Panel includes representatives from

school districts and communities reflecting the

geographic, socio-economic, racial, and ethnic diversity

of this State. The State Superintendent shall additionally

ensure that the membership of the Panel includes

representatives with expertise in bilingual education and

special education. Staff from the State Board shall staff

the Panel.

(2) In addition to those Panel members appointed by

the State Superintendent, 4 members of the General

Assembly shall be appointed as follows: one member of the

House of Representatives appointed by the Speaker of the

House of Representatives, one member of the Senate

appointed by the President of the Senate, one member of

the House of Representatives appointed by the Minority

Leader of the House of Representatives, and one member of

the Senate appointed by the Minority Leader of the Senate.

There shall be one additional member appointed by the

Governor. All members appointed by legislative leaders or

the Governor shall be non-voting, ex officio members.

(3) The Panel must study topics at the direction of

the General Assembly or State Board of Education, as

provided under paragraph (1). The Panel may also study the

following topics at the direction of the chairperson:

(A) The format and scope of annual spending plans

referenced in paragraph (9) of subsection (h) of this

Section.

(B) The Comparable Wage Index under this Section.

(C) Maintenance and operations, including capital

maintenance and construction costs.

(D) "At-risk student" definition.

(E) Benefits.

(F) Technology.

(G) Local Capacity Target.

(H) Funding for Alternative Schools, Laboratory

Schools, safe schools, and alternative learning

opportunities programs.

(I) Funding for college and career acceleration

strategies.

(J) Special education investments.

(K) Early childhood investments, in collaboration

with the Illinois Early Learning Council.

(4) (Blank).

(5) Within 5 years after the implementation of this

Section, and every 5 years thereafter, the Panel shall

complete an evaluative study of the entire Evidence-Based

Funding model, including an assessment of whether or not

the formula is achieving State goals. The Panel shall

report to the State Board, the General Assembly, and the

Governor on the findings of the study.

(6) (Blank).

(j) References. Beginning July 1, 2017, references in

other laws to general State aid funds or calculations under

Section 18-8.05 of this Code (now repealed) shall be deemed to

be references to evidence-based model formula funds or

calculations under this Section.

(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;

100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.

6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)

(105 ILCS 5/22-88)

Sec. 22-88 22-85. Parental notification of law enforcement

detainment and questioning on school grounds.

(a) In this Section, "school grounds" means the real

property comprising an active and operational elementary or

secondary school during the regular hours in which school is

in session and when students are present.

(b) Before detaining and questioning a student on school

grounds who is under 18 years of age and who is suspected of

committing a criminal act, a law enforcement officer, a school

resource officer, or other school security personnel must do

all of the following:

(1) Ensure that notification or attempted notification

of the student's parent or guardian is made.

(2) Document the time and manner in which the

notification or attempted notification under paragraph (1)

occurred.

(3) Make reasonable efforts to ensure that the

student's parent or guardian is present during the

questioning or, if the parent or guardian is not present,

ensure that school personnel, including, but not limited

to, a school social worker, a school psychologist, a

school nurse, a school guidance counselor, or any other

mental health professional, are present during the

questioning.

(4) If practicable, make reasonable efforts to ensure

that a law enforcement officer trained in promoting safe

interactions and communications with youth is present

during the questioning. An officer who received training

in youth investigations approved or certified by his or

her law enforcement agency or under Section 10.22 of the

Police Training Act or a juvenile police officer, as

defined under Section 1-3 of the Juvenile Court Act of

1987, satisfies the requirement under this paragraph.

(c) This Section does not limit the authority of a law

enforcement officer to make an arrest on school grounds. This

Section does not apply to circumstances that would cause a

reasonable person to believe that urgent and immediate action

is necessary to do any of the following:

(1) Prevent bodily harm or injury to the student or

any other person.

(2) Apprehend an armed or fleeing suspect.

(3) Prevent the destruction of evidence.

(4) Address an emergency or other dangerous situation.

(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)

(105 ILCS 5/27-23.7)

Sec. 27-23.7. Bullying prevention.

(a) The General Assembly finds that a safe and civil

school environment is necessary for students to learn and

achieve and that bullying causes physical, psychological, and

emotional harm to students and interferes with students'

ability to learn and participate in school activities. The

General Assembly further finds that bullying has been linked

to other forms of antisocial behavior, such as vandalism,

shoplifting, skipping and dropping out of school, fighting,

using drugs and alcohol, sexual harassment, and sexual

violence. Because of the negative outcomes associated with

bullying in schools, the General Assembly finds that school

districts, charter schools, and non-public, non-sectarian

elementary and secondary schools should educate students,

parents, and school district, charter school, or non-public,

non-sectarian elementary or secondary school personnel about

what behaviors constitute prohibited bullying.

Bullying on the basis of actual or perceived race, color,

religion, sex, national origin, ancestry, age, marital status,

physical or mental disability, military status, sexual

orientation, gender-related identity or expression,

unfavorable discharge from military service, association with

a person or group with one or more of the aforementioned actual

or perceived characteristics, or any other distinguishing

characteristic is prohibited in all school districts, charter

schools, and non-public, non-sectarian elementary and

secondary schools. No student shall be subjected to bullying:

(1) during any school-sponsored education program or

activity;

(2) while in school, on school property, on school

buses or other school vehicles, at designated school bus

stops waiting for the school bus, or at school-sponsored

or school-sanctioned events or activities;

(3) through the transmission of information from a

school computer, a school computer network, or other

similar electronic school equipment; or

(4) through the transmission of information from a

computer that is accessed at a nonschool-related location,

activity, function, or program or from the use of

technology or an electronic device that is not owned,

leased, or used by a school district or school if the

bullying causes a substantial disruption to the

educational process or orderly operation of a school. This

item (4) applies only in cases in which a school

administrator or teacher receives a report that bullying

through this means has occurred and does not require a

district or school to staff or monitor any

nonschool-related activity, function, or program.

(a-5) Nothing in this Section is intended to infringe upon

any right to exercise free expression or the free exercise of

religion or religiously based views protected under the First

Amendment to the United States Constitution or under Section 3

of Article I of the Illinois Constitution.

(b) In this Section:

"Bullying" includes "cyber-bullying" and means any severe

or pervasive physical or verbal act or conduct, including

communications made in writing or electronically, directed

toward a student or students that has or can be reasonably

predicted to have the effect of one or more of the following:

(1) placing the student or students in reasonable fear

of harm to the student's or students' person or property;

(2) causing a substantially detrimental effect on the

student's or students' physical or mental health;

(3) substantially interfering with the student's or

students' academic performance; or

(4) substantially interfering with the student's or

students' ability to participate in or benefit from the

services, activities, or privileges provided by a school.

Bullying, as defined in this subsection (b), may take

various forms, including without limitation one or more of the

following: harassment, threats, intimidation, stalking,

physical violence, sexual harassment, sexual violence, theft,

public humiliation, destruction of property, or retaliation

for asserting or alleging an act of bullying. This list is

meant to be illustrative and non-exhaustive.

"Cyber-bullying" means bullying through the use of

technology or any electronic communication, including without

limitation any transfer of signs, signals, writing, images,

sounds, data, or intelligence of any nature transmitted in

whole or in part by a wire, radio, electromagnetic system,

photoelectronic system, or photooptical system, including

without limitation electronic mail, Internet communications,

instant messages, or facsimile communications.

"Cyber-bullying" includes the creation of a webpage or weblog

in which the creator assumes the identity of another person or

the knowing impersonation of another person as the author of

posted content or messages if the creation or impersonation

creates any of the effects enumerated in the definition of

bullying in this Section. "Cyber-bullying" also includes the

distribution by electronic means of a communication to more

than one person or the posting of material on an electronic

medium that may be accessed by one or more persons if the

distribution or posting creates any of the effects enumerated

in the definition of bullying in this Section.

"Policy on bullying" means a bullying prevention policy

that meets the following criteria:

(1) Includes the bullying definition provided in this

Section.

(2) Includes a statement that bullying is contrary to

State law and the policy of the school district, charter

school, or non-public, non-sectarian elementary or

secondary school and is consistent with subsection (a-5)

of this Section.

(3) Includes procedures for promptly reporting

bullying, including, but not limited to, identifying and

providing the school e-mail address (if applicable) and

school telephone number for the staff person or persons

responsible for receiving such reports and a procedure for

anonymous reporting; however, this shall not be construed

to permit formal disciplinary action solely on the basis

of an anonymous report.

(4) Consistent with federal and State laws and rules

governing student privacy rights, includes procedures for

promptly informing parents or guardians of all students

involved in the alleged incident of bullying and

discussing, as appropriate, the availability of social

work services, counseling, school psychological services,

other interventions, and restorative measures.

(5) Contains procedures for promptly investigating and

addressing reports of bullying, including the following:

(A) Making all reasonable efforts to complete the

investigation within 10 school days after the date the

report of the incident of bullying was received and

taking into consideration additional relevant

information received during the course of the

investigation about the reported incident of bullying.

(B) Involving appropriate school support personnel

and other staff persons with knowledge, experience,

and training on bullying prevention, as deemed

appropriate, in the investigation process.

(C) Notifying the principal or school

administrator or his or her designee of the report of

the incident of bullying as soon as possible after the

report is received.

(D) Consistent with federal and State laws and

rules governing student privacy rights, providing

parents and guardians of the students who are parties

to the investigation information about the

investigation and an opportunity to meet with the

principal or school administrator or his or her

designee to discuss the investigation, the findings of

the investigation, and the actions taken to address

the reported incident of bullying.

(6) Includes the interventions that can be taken to

address bullying, which may include, but are not limited

to, school social work services, restorative measures,

social-emotional skill building, counseling, school

psychological services, and community-based services.

(7) Includes a statement prohibiting reprisal or

retaliation against any person who reports an act of

bullying and the consequences and appropriate remedial

actions for a person who engages in reprisal or

retaliation.

(8) Includes consequences and appropriate remedial

actions for a person found to have falsely accused another

of bullying as a means of retaliation or as a means of

bullying.

(9) Is based on the engagement of a range of school

stakeholders, including students and parents or guardians.

(10) Is posted on the school district's, charter

school's, or non-public, non-sectarian elementary or

secondary school's existing Internet website, is included

in the student handbook, and, where applicable, posted

where other policies, rules, and standards of conduct are

currently posted in the school and provided periodically

throughout the school year to students and faculty, and is

distributed annually to parents, guardians, students, and

school personnel, including new employees when hired.

(11) As part of the process of reviewing and

re-evaluating the policy under subsection (d) of this

Section, contains a policy evaluation process to assess

the outcomes and effectiveness of the policy that

includes, but is not limited to, factors such as the

frequency of victimization; student, staff, and family

observations of safety at a school; identification of

areas of a school where bullying occurs; the types of

bullying utilized; and bystander intervention or

participation. The school district, charter school, or

non-public, non-sectarian elementary or secondary school

may use relevant data and information it already collects

for other purposes in the policy evaluation. The

information developed as a result of the policy evaluation

must be made available on the Internet website of the

school district, charter school, or non-public,

non-sectarian elementary or secondary school. If an

Internet website is not available, the information must be

provided to school administrators, school board members,

school personnel, parents, guardians, and students.

(12) Is consistent with the policies of the school

board, charter school, or non-public, non-sectarian

elementary or secondary school.

"Restorative measures" means a continuum of school-based

alternatives to exclusionary discipline, such as suspensions

and expulsions, that: (i) are adapted to the particular needs

of the school and community, (ii) contribute to maintaining

school safety, (iii) protect the integrity of a positive and

productive learning climate, (iv) teach students the personal

and interpersonal skills they will need to be successful in

school and society, (v) serve to build and restore

relationships among students, families, schools, and

communities, and (vi) reduce the likelihood of future

disruption by balancing accountability with an understanding

of students' behavioral health needs in order to keep students

in school.

"School personnel" means persons employed by, on contract

with, or who volunteer in a school district, charter school,

or non-public, non-sectarian elementary or secondary school,

including without limitation school and school district

administrators, teachers, school guidance counselors, school

social workers, school counselors, school psychologists,

school nurses, cafeteria workers, custodians, bus drivers,

school resource officers, and security guards.

(c) (Blank).

(d) Each school district, charter school, and non-public,

non-sectarian elementary or secondary school shall create,

maintain, and implement a policy on bullying, which policy

must be filed with the State Board of Education. The policy or

implementing procedure shall include a process to investigate

whether a reported act of bullying is within the permissible

scope of the district's or school's jurisdiction and shall

require that the district or school provide the victim with

information regarding services that are available within the

district and community, such as counseling, support services,

and other programs. School personnel available for help with a

bully or to make a report about bullying shall be made known to

parents or legal guardians, students, and school personnel.

Every 2 years, each school district, charter school, and

non-public, non-sectarian elementary or secondary school shall

conduct a review and re-evaluation of its policy and make any

necessary and appropriate revisions. The policy must be filed

with the State Board of Education after being updated. The

State Board of Education shall monitor and provide technical

support for the implementation of policies created under this

subsection (d).

(e) This Section shall not be interpreted to prevent a

victim from seeking redress under any other available civil or

criminal law.

(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)

(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)

Sec. 34-18.8. AIDS training. School guidance counselors,

nurses, teachers and other school personnel who work with

pupils may be trained to have a basic knowledge of matters

relating to acquired immunodeficiency syndrome (AIDS),

including the nature of the disease, its causes and effects,

the means of detecting it and preventing its transmission, the

availability of appropriate sources of counseling and

referral, and any other information that may be appropriate

considering the age and grade level of such pupils. The Board

of Education shall supervise such training. The State Board of

Education and the Department of Public Health shall jointly

develop standards for such training.

(Source: P.A. 86-900.)

Section 10. The Seizure Smart School Act is amended by

changing Section 10 as follows:

(105 ILCS 150/10)

Sec. 10. Definitions. In this Act:

"Delegated care aide" means a school employee or

paraprofessional who has agreed to receive training in

epilepsy and assist a student in implementing his or her

seizure action plan and who has entered into an agreement with

a parent or guardian of that student.

"School" means any primary or secondary public, charter,

or nonpublic school located in this State.

"School employee" means a person who is employed by a

school district or school as a nurse, principal,

administrator, school guidance counselor, or teacher, a person

who is employed by a local health department and assigned to a

school, or a person who contracts with a school or school

district to perform services in connection with a student's

seizure action plan. This definition may not be interpreted to

require a school district, charter school, or nonpublic school

to hire additional personnel for the sole purpose of the

personnel to serve as a delegated care aide.

"Seizure action plan" means a document that specifies the

services needed by a student with epilepsy at school and at

school-sponsored activities and delegates to a delegated care

aide the authority to provide and supervise these services.

(Source: P.A. 101-50, eff. 7-1-20.)

Section 15. The College and Career Success for All

Students Act is amended by changing Section 20 as follows:

(105 ILCS 302/20)

Sec. 20. Duties of the State Board.

(a) In order to fulfill the purposes of this Act, the State

Board of Education shall encourage school districts to offer

rigorous courses in grades 6 through 11 that prepare students

for the demands of Advanced Placement course work. The State

Board of Education shall also encourage school districts to

make it a goal that all 10th graders take the Preliminary

SAT/National Merit Scholars Qualifying Test (PSAT/NMSQT) so

that test results will provide each high school with a

database of student assessment data that school guidance

counselors and teachers will be able to use to identify

students who are prepared or who need additional work to be

prepared to enroll and be successful in Advanced Placement

courses, using a research-based Advanced Placement

identification program provided by the College Board.

(b) The State Board of Education shall do all of the

following:

(1) Seek federal funding through the Advanced

Placement Incentive Program and the Math-Science

Partnership Program and use it to support Advanced

Placement and Pre-Advanced Placement teacher professional

development and to support the implementation of an

integrated instructional program for students in grades 6

through 12 in reading, writing, and mathematics that

prepares all students for enrollment and success in

Advanced Placement courses and in college.

(2) Focus State and federal funding with the intent to

carry out activities that target school districts serving

high concentrations of low-income students.

(3) Subject to appropriation, provide a plan of

communication that includes without limitation

disseminating to parents materials that emphasize the

importance of Advanced Placement or other advanced courses

to a student's ability to gain access to and to succeed in

postsecondary education and materials that emphasize the

importance of the PSAT/NMSQT, which provides diagnostic

feedback on skills and relates student scores to the

probability of success in Advanced Placement courses and

examinations, and disseminating this information to

students, teachers, counselors, administrators, school

districts, public community colleges, and State

universities.

(4) Subject to appropriation, annually evaluate the

impact of this Act on rates of student enrollment and

success in Advanced Placement courses, on high school

graduation rates, and on college enrollment rates.

(Source: P.A. 94-534, eff. 1-1-06.)

Section 20. The Juvenile Court Act of 1987 is amended by

changing Sections 1-8 and 5-901 as follows:

(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)

Sec. 1-8. Confidentiality and accessibility of juvenile

court records.

(A) A juvenile adjudication shall never be considered a

conviction nor shall an adjudicated individual be considered a

criminal. Unless expressly allowed by law, a juvenile

adjudication shall not operate to impose upon the individual

any of the civil disabilities ordinarily imposed by or

resulting from conviction. Unless expressly allowed by law,

adjudications shall not prejudice or disqualify the individual

in any civil service application or appointment, from holding

public office, or from receiving any license granted by public

authority. All juvenile court records which have not been

expunged are sealed and may never be disclosed to the general

public or otherwise made widely available. Sealed juvenile

court records may be obtained only under this Section and

Section 1-7 and Part 9 of Article V of this Act, when their use

is needed for good cause and with an order from the juvenile

court. Inspection and copying of juvenile court records

relating to a minor who is the subject of a proceeding under

this Act shall be restricted to the following:

(1) The minor who is the subject of record, his or her

parents, guardian, and counsel.

(2) Law enforcement officers and law enforcement

agencies when such information is essential to executing

an arrest or search warrant or other compulsory process,

or to conducting an ongoing investigation or relating to a

minor who has been adjudicated delinquent and there has

been a previous finding that the act which constitutes the

previous offense was committed in furtherance of criminal

activities by a criminal street gang.

Before July 1, 1994, for the purposes of this Section,

"criminal street gang" means any ongoing organization,

association, or group of 3 or more persons, whether formal

or informal, having as one of its primary activities the

commission of one or more criminal acts and that has a

common name or common identifying sign, symbol or specific

color apparel displayed, and whose members individually or

collectively engage in or have engaged in a pattern of

criminal activity.

Beginning July 1, 1994, for purposes of this Section,

"criminal street gang" has the meaning ascribed to it in

Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(3) Judges, hearing officers, prosecutors, public

defenders, probation officers, social workers, or other

individuals assigned by the court to conduct a

pre-adjudication or pre-disposition investigation, and

individuals responsible for supervising or providing

temporary or permanent care and custody for minors under

the order of the juvenile court when essential to

performing their responsibilities.

(4) Judges, federal, State, and local prosecutors,

public defenders, probation officers, and designated

staff:

(a) in the course of a trial when institution of

criminal proceedings has been permitted or required

under Section 5-805;

(b) when criminal proceedings have been permitted

or required under Section 5-805 and a minor is the

subject of a proceeding to determine the amount of

bail;

(c) when criminal proceedings have been permitted

or required under Section 5-805 and a minor is the

subject of a pre-trial investigation, pre-sentence

investigation or fitness hearing, or proceedings on an

application for probation; or

(d) when a minor becomes 18 years of age or older,

and is the subject of criminal proceedings, including

a hearing to determine the amount of bail, a pre-trial

investigation, a pre-sentence investigation, a fitness

hearing, or proceedings on an application for

probation.

(5) Adult and Juvenile Prisoner Review Boards.

(6) Authorized military personnel.

(6.5) Employees of the federal government authorized

by law.

(7) Victims, their subrogees and legal

representatives; however, such persons shall have access

only to the name and address of the minor and information

pertaining to the disposition or alternative adjustment

plan of the juvenile court.

(8) Persons engaged in bona fide research, with the

permission of the presiding judge of the juvenile court

and the chief executive of the agency that prepared the

particular records; provided that publication of such

research results in no disclosure of a minor's identity

and protects the confidentiality of the record.

(9) The Secretary of State to whom the Clerk of the

Court shall report the disposition of all cases, as

required in Section 6-204 of the Illinois Vehicle Code.

However, information reported relative to these offenses

shall be privileged and available only to the Secretary of

State, courts, and police officers.

(10) The administrator of a bonafide substance abuse

student assistance program with the permission of the

presiding judge of the juvenile court.

(11) Mental health professionals on behalf of the

Department of Corrections or the Department of Human

Services or prosecutors who are evaluating, prosecuting,

or investigating a potential or actual petition brought

under the Sexually Violent Persons Commitment Act relating

to a person who is the subject of juvenile court records or

the respondent to a petition brought under the Sexually

Violent Persons Commitment Act, who is the subject of

juvenile court records sought. Any records and any

information obtained from those records under this

paragraph (11) may be used only in sexually violent

persons commitment proceedings.

(12) Collection agencies, contracted or otherwise

engaged by a governmental entity, to collect any debts due

and owing to the governmental entity.

(A-1) Findings and exclusions of paternity entered in

proceedings occurring under Article II of this Act shall be

disclosed, in a manner and form approved by the Presiding

Judge of the Juvenile Court, to the Department of Healthcare

and Family Services when necessary to discharge the duties of

the Department of Healthcare and Family Services under Article

X of the Illinois Public Aid Code.

(B) A minor who is the victim in a juvenile proceeding

shall be provided the same confidentiality regarding

disclosure of identity as the minor who is the subject of

record.

(C)(0.1) In cases where the records concern a pending

juvenile court case, the requesting party seeking to inspect

the juvenile court records shall provide actual notice to the

attorney or guardian ad litem of the minor whose records are

sought.

(0.2) In cases where the juvenile court records concern a

juvenile court case that is no longer pending, the requesting

party seeking to inspect the juvenile court records shall

provide actual notice to the minor or the minor's parent or

legal guardian, and the matter shall be referred to the chief

judge presiding over matters pursuant to this Act.

(0.3) In determining whether juvenile court records should

be made available for inspection and whether inspection should

be limited to certain parts of the file, the court shall

consider the minor's interest in confidentiality and

rehabilitation over the requesting party's interest in

obtaining the information. The State's Attorney, the minor,

and the minor's parents, guardian, and counsel shall at all

times have the right to examine court files and records.

(0.4) Any records obtained in violation of this Section

shall not be admissible in any criminal or civil proceeding,

or operate to disqualify a minor from subsequently holding

public office, or operate as a forfeiture of any public

benefit, right, privilege, or right to receive any license

granted by public authority.

(D) Pending or following any adjudication of delinquency

for any offense defined in Sections 11-1.20 through 11-1.60 or

12-13 through 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the victim of any such offense shall

receive the rights set out in Sections 4 and 6 of the Bill of

Rights for Victims and Witnesses of Violent Crime Act; and the

juvenile who is the subject of the adjudication,

notwithstanding any other provision of this Act, shall be

treated as an adult for the purpose of affording such rights to

the victim.

(E) Nothing in this Section shall affect the right of a

Civil Service Commission or appointing authority of the

federal government, or any state, county, or municipality

examining the character and fitness of an applicant for

employment with a law enforcement agency, correctional

institution, or fire department to ascertain whether that

applicant was ever adjudicated to be a delinquent minor and,

if so, to examine the records of disposition or evidence which

were made in proceedings under this Act.

(F) Following any adjudication of delinquency for a crime

which would be a felony if committed by an adult, or following

any adjudication of delinquency for a violation of Section

24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

Criminal Code of 2012, the State's Attorney shall ascertain

whether the minor respondent is enrolled in school and, if so,

shall provide a copy of the dispositional order to the

principal or chief administrative officer of the school.

Access to the dispositional order shall be limited to the

principal or chief administrative officer of the school and

any school guidance counselor designated by him or her.

(G) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to

juveniles subject to the provisions of the Serious Habitual

Offender Comprehensive Action Program when that information is

used to assist in the early identification and treatment of

habitual juvenile offenders.

(H) When a court hearing a proceeding under Article II of

this Act becomes aware that an earlier proceeding under

Article II had been heard in a different county, that court

shall request, and the court in which the earlier proceedings

were initiated shall transmit, an authenticated copy of the

juvenile court record, including all documents, petitions, and

orders filed and the minute orders, transcript of proceedings,

and docket entries of the court.

(I) The Clerk of the Circuit Court shall report to the

Department of State Police, in the form and manner required by

the Department of State Police, the final disposition of each

minor who has been arrested or taken into custody before his or

her 18th birthday for those offenses required to be reported

under Section 5 of the Criminal Identification Act.

Information reported to the Department under this Section may

be maintained with records that the Department files under

Section 2.1 of the Criminal Identification Act.

(J) The changes made to this Section by Public Act 98-61

apply to juvenile law enforcement records of a minor who has

been arrested or taken into custody on or after January 1, 2014

(the effective date of Public Act 98-61).

(K) Willful violation of this Section is a Class C

misdemeanor and each violation is subject to a fine of $1,000.

This subsection (K) shall not apply to the person who is the

subject of the record.

(L) A person convicted of violating this Section is liable

for damages in the amount of $1,000 or actual damages,

whichever is greater.

(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;

100-1162, eff. 12-20-18.)

(705 ILCS 405/5-901)

Sec. 5-901. Court file.

(1) The Court file with respect to proceedings under this

Article shall consist of the petitions, pleadings, victim

impact statements, process, service of process, orders, writs

and docket entries reflecting hearings held and judgments and

decrees entered by the court. The court file shall be kept

separate from other records of the court.

(a) The file, including information identifying the

victim or alleged victim of any sex offense, shall be

disclosed only to the following parties when necessary for

discharge of their official duties:

(i) A judge of the circuit court and members of the

staff of the court designated by the judge;

(ii) Parties to the proceedings and their

attorneys;

(iii) Victims and their attorneys, except in cases

of multiple victims of sex offenses in which case the

information identifying the nonrequesting victims

shall be redacted;

(iv) Probation officers, law enforcement officers

or prosecutors or their staff;

(v) Adult and juvenile Prisoner Review Boards.

(b) The Court file redacted to remove any information

identifying the victim or alleged victim of any sex

offense shall be disclosed only to the following parties

when necessary for discharge of their official duties:

(i) Authorized military personnel;

(ii) Persons engaged in bona fide research, with

the permission of the judge of the juvenile court and

the chief executive of the agency that prepared the

particular recording: provided that publication of

such research results in no disclosure of a minor's

identity and protects the confidentiality of the

record;

(iii) The Secretary of State to whom the Clerk of

the Court shall report the disposition of all cases,

as required in Section 6-204 or Section 6-205.1 of the

Illinois Vehicle Code. However, information reported

relative to these offenses shall be privileged and

available only to the Secretary of State, courts, and

police officers;

(iv) The administrator of a bonafide substance

abuse student assistance program with the permission

of the presiding judge of the juvenile court;

(v) Any individual, or any public or private

agency or institution, having custody of the juvenile

under court order or providing educational, medical or

mental health services to the juvenile or a

court-approved advocate for the juvenile or any

placement provider or potential placement provider as

determined by the court.

(3) A minor who is the victim or alleged victim in a

juvenile proceeding shall be provided the same confidentiality

regarding disclosure of identity as the minor who is the

subject of record. Information identifying victims and alleged

victims of sex offenses, shall not be disclosed or open to

public inspection under any circumstances. Nothing in this

Section shall prohibit the victim or alleged victim of any sex

offense from voluntarily disclosing his or her identity.

(4) Relevant information, reports and records shall be

made available to the Department of Juvenile Justice when a

juvenile offender has been placed in the custody of the

Department of Juvenile Justice.

(5) Except as otherwise provided in this subsection (5),

juvenile court records shall not be made available to the

general public but may be inspected by representatives of

agencies, associations and news media or other properly

interested persons by general or special order of the court.

The State's Attorney, the minor, his or her parents, guardian

and counsel shall at all times have the right to examine court

files and records.

(a) The court shall allow the general public to have

access to the name, address, and offense of a minor who is

adjudicated a delinquent minor under this Act under either

of the following circumstances:

(i) The adjudication of delinquency was based upon

the minor's commission of first degree murder, attempt

to commit first degree murder, aggravated criminal

sexual assault, or criminal sexual assault; or

(ii) The court has made a finding that the minor

was at least 13 years of age at the time the act was

committed and the adjudication of delinquency was

based upon the minor's commission of: (A) an act in

furtherance of the commission of a felony as a member

of or on behalf of a criminal street gang, (B) an act

involving the use of a firearm in the commission of a

felony, (C) an act that would be a Class X felony

offense under or the minor's second or subsequent

Class 2 or greater felony offense under the Cannabis

Control Act if committed by an adult, (D) an act that

would be a second or subsequent offense under Section

402 of the Illinois Controlled Substances Act if

committed by an adult, (E) an act that would be an

offense under Section 401 of the Illinois Controlled

Substances Act if committed by an adult, or (F) an act

that would be an offense under the Methamphetamine

Control and Community Protection Act if committed by

an adult.

(b) The court shall allow the general public to have

access to the name, address, and offense of a minor who is

at least 13 years of age at the time the offense is

committed and who is convicted, in criminal proceedings

permitted or required under Section 5-805, under either of

the following circumstances:

(i) The minor has been convicted of first degree

murder, attempt to commit first degree murder,

aggravated criminal sexual assault, or criminal sexual

assault,

(ii) The court has made a finding that the minor

was at least 13 years of age at the time the offense

was committed and the conviction was based upon the

minor's commission of: (A) an offense in furtherance

of the commission of a felony as a member of or on

behalf of a criminal street gang, (B) an offense

involving the use of a firearm in the commission of a

felony, (C) a Class X felony offense under the

Cannabis Control Act or a second or subsequent Class 2

or greater felony offense under the Cannabis Control

Act, (D) a second or subsequent offense under Section

402 of the Illinois Controlled Substances Act, (E) an

offense under Section 401 of the Illinois Controlled

Substances Act, or (F) an offense under the

Methamphetamine Control and Community Protection Act.

(6) Nothing in this Section shall be construed to limit

the use of a adjudication of delinquency as evidence in any

juvenile or criminal proceeding, where it would otherwise be

admissible under the rules of evidence, including but not

limited to, use as impeachment evidence against any witness,

including the minor if he or she testifies.

(7) Nothing in this Section shall affect the right of a

Civil Service Commission or appointing authority examining the

character and fitness of an applicant for a position as a law

enforcement officer to ascertain whether that applicant was

ever adjudicated to be a delinquent minor and, if so, to

examine the records or evidence which were made in proceedings

under this Act.

(8) Following any adjudication of delinquency for a crime

which would be a felony if committed by an adult, or following

any adjudication of delinquency for a violation of Section

24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

Criminal Code of 2012, the State's Attorney shall ascertain

whether the minor respondent is enrolled in school and, if so,

shall provide a copy of the sentencing order to the principal

or chief administrative officer of the school. Access to such

juvenile records shall be limited to the principal or chief

administrative officer of the school and any school guidance

counselor designated by him or her.

(9) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to

juveniles subject to the provisions of the Serious Habitual

Offender Comprehensive Action Program when that information is

used to assist in the early identification and treatment of

habitual juvenile offenders.

(11) The Clerk of the Circuit Court shall report to the

Department of State Police, in the form and manner required by

the Department of State Police, the final disposition of each

minor who has been arrested or taken into custody before his or

her 18th birthday for those offenses required to be reported

under Section 5 of the Criminal Identification Act.

Information reported to the Department under this Section may

be maintained with records that the Department files under

Section 2.1 of the Criminal Identification Act.

(12) Information or records may be disclosed to the

general public when the court is conducting hearings under

Section 5-805 or 5-810.

(13) The changes made to this Section by Public Act 98-61

apply to juvenile court records of a minor who has been

arrested or taken into custody on or after January 1, 2014 (the

effective date of Public Act 98-61).

(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;

98-756, eff. 7-16-14.)

Section 25. The Sex Offender Community Notification Law is

amended by changing Section 121 as follows:

(730 ILCS 152/121)

Sec. 121. Notification regarding juvenile offenders.

(a) The Department of State Police and any law enforcement

agency having jurisdiction may, in the Department's or

agency's discretion, only provide the information specified in

subsection (b) of Section 120 of this Act, with respect to an

adjudicated juvenile delinquent, to any person when that

person's safety may be compromised for some reason related to

the juvenile sex offender.

(b) The local law enforcement agency having jurisdiction

to register the juvenile sex offender shall ascertain from the

juvenile sex offender whether the juvenile sex offender is

enrolled in school; and if so, shall provide a copy of the sex

offender registration form only to the principal or chief

administrative officer of the school and any school guidance

counselor designated by him or her. The registration form

shall be kept separately from any and all school records

maintained on behalf of the juvenile sex offender.

(Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.)

Section 30. The Murderer and Violent Offender Against

Youth Registration Act is amended by changing Section 100 as

follows:

(730 ILCS 154/100)

Sec. 100. Notification regarding juvenile offenders.

(a) The Department of State Police and any law enforcement

agency having jurisdiction may, in the Department's or

agency's discretion, only provide the information specified in

subsection (b) of Section 95, with respect to an adjudicated

juvenile delinquent, to any person when that person's safety

may be compromised for some reason related to the juvenile

violent offender against youth.

(b) The local law enforcement agency having jurisdiction

to register the juvenile violent offender against youth shall

ascertain from the juvenile violent offender against youth

whether the juvenile violent offender against youth is

enrolled in school; and if so, shall provide a copy of the

violent offender against youth registration form only to the

principal or chief administrative officer of the school and

any school guidance counselor designated by him or her. The

registration form shall be kept separately from any and all

school records maintained on behalf of the juvenile violent

offender against youth.

(Source: P.A. 94-945, eff. 6-27-06.)

Section 99. Effective date. This Act takes effect July 1,

2021.