Bill Text: IL SB3412 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. Replaces provisions concerning State goals and assessment. Requires the State Board of Education to establish the academic standards that are to be applicable to students who are subject to State assessments, with public participation. Provides that (i) beginning no later than the 2014-2015 school year, the State Board shall annually assess all students enrolled in grades 3 through 8 in English language arts and mathematics; (ii) beginning no later than the 2017-2018 school year, the State Board shall annually assess all students in science at one grade in grades 3 through 5, at one grade in grades 6 through 9, and at one grade in grades 10 through 12; and (iii) the State Board shall annually assess schools that operate a secondary education program in English language arts and mathematics. Provides that the State Board shall administer no more than 3 assessments, per student, of English language arts and mathematics for students in a secondary education program and one of these assessments shall include a college and career ready determination. Provides that students who are not assessed for college and career ready determinations may not receive a regular high school diploma unless the student is exempted from taking State assessments. Sets forth provisions concerning students receiving special education services and students determined to have limited English proficiency, results of scores, the National Assessment of Educational Progress, and local assessments. Makes related changes. Effective July 1, 2014.

Spectrum: Slight Partisan Bill (Democrat 14-5)

Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0972 [SB3412 Detail]

Download: Illinois-2013-SB3412-Amended.html

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Sen. Heather A. Steans

Filed: 3/5/2014

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AMENDMENT TO SENATE BILL 3412
AMENDMENT NO. ______. Amend Senate Bill 3412 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
2-3.51, 2-3.51.5, 10-20.9a, 10-29, 13A-11, 13B-25.25, 18-8.05,
21B-75, 27A-4, 27A-6, and 34-8.14 and by adding Section
2-3.64a-5 as follows:
(105 ILCS 5/2-3.51) (from Ch. 122, par. 2-3.51)
Sec. 2-3.51. Reading Improvement Block Grant Program. To
improve the reading and study skills of children from
kindergarten through sixth grade in school districts. The State
Board of Education is authorized to administer a Reading
Improvement Block Grant Program. As used in this Section:
"School district" includes those schools designated as
"laboratory schools".
"Scientifically based reading research" means the

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application of rigorous, systematic, and objective procedures
to obtain valid knowledge relevant to reading development,
reading instruction, and reading difficulties. The term
includes research that employs systematic, empirical methods
that draw on observation or experiment, involves rigorous data
analysis that is adequate to test the stated hypotheses and to
justify the general conclusions drawn, relies on measurements
or observational methods that provide valid data across
evaluators and observers and across multiple measurements and
observations, and has been accepted by peer-reviewed journal or
approved by a panel of independent experts through a comparably
rigorous, objective and scientific review.
(a) Funds for the Reading Improvement Block Grant Program
shall be distributed to school districts on the following
basis: 70% of monies shall be awarded on the prior year's best
3 months average daily attendance and 30% shall be distributed
on the number of economically disadvantaged (E.C.I.A. Chapter
I) pupils in the district, provided that the State Board may
distribute an amount not to exceed 2% of the monies
appropriated for the Reading Improvement Block Grant Program
for the purpose of providing teacher training and re-training
in the teaching of reading. Program funds shall be distributed
to school districts in 2 semi-annual installments, one payment
on or before October 30, and one payment prior to April 30, of
each year. The State Board shall promulgate rules and
regulations necessary for the implementation of this program.

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Programs provided with grant funds shall not replace quality
classroom reading instruction, but shall instead supplement
such instruction.
(a-5) Reading Improvement Block Grant Program funds shall
be used by school districts in the following manner:
(1) to hire reading specialists, reading teachers, and
reading aides in order to provide early reading
intervention in kindergarten through grade 2 and programs
of continued reading support for students in grades 3
through 6;
(2) in kindergarten through grade 2, to establish
short-term tutorial early reading intervention programs
for children who are at risk of failing to learn to read;
these programs shall (i) focus on scientifically based
research and best practices with proven long-term results,
(ii) identify students in need of help no later than the
middle of first grade, (iii) provide ongoing training for
teachers in the program, (iv) focus instruction on
strengthening a student's phonemic awareness, phonics,
fluency, and comprehension skills, (v) provide a means to
document and evaluate student growth, and (vi) provide
properly trained staff;
(3) to continue direct reading instruction for grades 3
through 6;
(4) in grades 3 through 6, to establish programs of
support for students who demonstrate a need for continued

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assistance in learning to read and in maintaining reading
achievement; these programs shall (i) focus on
scientifically based research and best practices with
proven long-term results, (ii) provide ongoing training
for teachers and other staff members in the program, (iii)
focus instruction on strengthening a student's phonics,
fluency, and comprehension skills in grades 3 through 6,
(iv) provide a means to evaluate and document student
growth, and (v) provide properly trained staff;
(5) in grades K through 6, to provide classroom reading
materials for students; each district may allocate up to
25% of the funds for this purpose; and
(6) to provide a long-term professional development
program for classroom teachers, administrators, and other
appropriate staff; the program shall (i) focus on
scientifically based research and best practices with
proven long-term results, (ii) provide a means to evaluate
student progress in reading as a result of the training,
(iii) and be provided by approved staff development
providers.
(a-10) Reading Improvement Block Grant Program funds shall
be made available to each eligible school district submitting
an approved application developed by the State Board beginning
with the 1998-99 school year. Applications shall include a
proposed assessment method or methods for measuring the reading
growth of students who receive direct instruction as a result

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of the funding and the impact of staff development activities
on student growth in reading. Such methods may include the
reading portion of the assessments required under Section
2-3.64a-5 of this Code Illinois Standards Achievement Testing
Program. At the end of each school year the district shall
report performance of progress results to the State Board.
Districts not demonstrating performance progress using an
approved assessment method shall not be eligible for funding in
the third or subsequent years until such progress is
established.
(a-15) The State Superintendent of Education, in
cooperation with the school districts participating in the
program, shall annually report to the leadership of the General
Assembly on the results of the Reading Improvement Block Grant
Program and the progress being made on improving the reading
skills of students in kindergarten through the sixth grade.
(b) (Blank).
(c) (Blank).
(d) Grants under the Reading Improvement Program shall be
awarded provided there is an appropriation for the program, and
funding levels for each district shall be prorated according to
the amount of the appropriation.
(e) (Blank).
(f) (Blank).
(Source: P.A. 92-25, eff. 7-1-01.)

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(105 ILCS 5/2-3.51.5)
Sec. 2-3.51.5. School Safety and Educational Improvement
Block Grant Program. To improve the level of education and
safety of students from kindergarten through grade 12 in school
districts and State-recognized, non-public schools. The State
Board of Education is authorized to fund a School Safety and
Educational Improvement Block Grant Program.
(1) For school districts, the program shall provide funding
for school safety, textbooks and software, electronic
textbooks and the technological equipment necessary to gain
access to and use electronic textbooks, teacher training and
curriculum development, school improvements, remediation
programs under subsection (a) of Section 2-3.64, school report
cards under Section 10-17a, and criminal history records checks
under Sections 10-21.9 and 34-18.5. For State-recognized,
non-public schools, the program shall provide funding for
secular textbooks and software, criminal history records
checks, and health and safety mandates to the extent that the
funds are expended for purely secular purposes. A school
district or laboratory school as defined in Section 18-8 or
18-8.05 is not required to file an application in order to
receive the categorical funding to which it is entitled under
this Section. Funds for the School Safety and Educational
Improvement Block Grant Program shall be distributed to school
districts and laboratory schools based on the prior year's best
3 months average daily attendance. Funds for the School Safety

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and Educational Improvement Block Grant Program shall be
distributed to State-recognized, non-public schools based on
the average daily attendance figure for the previous school
year provided to the State Board of Education. The State Board
of Education shall develop an application that requires
State-recognized, non-public schools to submit average daily
attendance figures. A State-recognized, non-public school must
submit the application and average daily attendance figure
prior to receiving funds under this Section. The State Board of
Education shall promulgate rules and regulations necessary for
the implementation of this program.
(2) Distribution of moneys to school districts and
State-recognized, non-public schools shall be made in 2
semi-annual installments, one payment on or before October 30,
and one payment prior to April 30, of each fiscal year.
(3) Grants under the School Safety and Educational
Improvement Block Grant Program shall be awarded provided there
is an appropriation for the program, and funding levels for
each district shall be prorated according to the amount of the
appropriation.
(4) The provisions of this Section are in the public
interest, are for the public benefit, and serve secular public
purposes.
(Source: P.A. 95-707, eff. 1-11-08; 96-1403, eff. 7-29-10.)
(105 ILCS 5/2-3.64a-5 new)

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Sec. 2-3.64a-5. State goals and assessment.
(a) For the assessment and accountability purposes of this
Section, "students" includes those students enrolled in a
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control, a charter school operating in compliance with
the Charter Schools Law, a school operated by a regional office
of education under Section 13A-3 of this Code, or a public
school administered by a local public agency or the Department
of Human Services.
(b) The State Board of Education shall establish the
academic standards that are to be applicable to students who
are subject to State assessments under this Section. The State
Board of Education shall not establish any such standards in
final form without first providing opportunities for public
participation and local input in the development of the final
academic standards. Those opportunities shall include a
well-publicized period of public comment and opportunities to
file written comments.
(c) Beginning no later than the 2014-2015 school year, the
State Board of Education shall annually assess all students
enrolled in grades 3 through 8 in English language arts and
mathematics.
Beginning no later than the 2017-2018 school year, the
State Board of Education shall annually assess all students in
science at one grade in grades 3 through 5, at one grade in

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grades 6 through 8, and at one grade in grades 9 through 12.
The State Board of Education shall annually assess schools
that operate a secondary education program, as defined in
Section 22-22 of this Code, in English language arts and
mathematics. The State Board of Education shall administer no
more than 3 assessments, per student, of English language arts
and mathematics for students in a secondary education program.
One of these assessments shall include a college and career
ready determination.
Students who are not assessed for college and career ready
determinations may not receive a regular high school diploma
unless the student is exempted from taking State assessments
under subsection (d) of this Section because (i) the student's
individualized educational program developed under Article 14
of this Code identifies the State assessment as inappropriate
for the student, (ii) the student is enrolled in a program of
adult and continuing education, as defined in the Adult
Education Act, (iii) the school district is not required to
assess the individual student for purposes of accountability
under federal No Child Left Behind Act of 2001 requirements,
(iv) the student has been determined to have limited English
proficiency and has been enrolled in schools in the United
States for less than 12 months, or (v) the student is otherwise
identified by the State Board of Education, through rules, as
being exempt from the assessment.
The State Board of Education shall not assess students

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under this Section in subjects not required by this Section.
Districts shall inform their students of the timelines and
procedures applicable to their participation in every yearly
administration of the State assessments. The State Board of
Education shall establish periods of time in each school year
during which State assessments shall occur to meet the
objectives of this Section.
(d) Every individualized educational program as described
in Article 14 shall identify if the State assessment or
components thereof are appropriate for the student. The State
Board of Education shall develop rules governing the
administration of an alternate assessment that may be available
to students for whom participation in this State's regular
assessments is not appropriate, even with accommodations as
allowed under this Section.
Students receiving special education services whose
individualized educational programs identify them as eligible
for the alternative State assessments nevertheless shall have
the option of taking this State's regular assessment that
includes a college and career ready determination, which shall
be administered in accordance with the eligible accommodations
appropriate for meeting these students' respective needs.
All students determined to have limited English
proficiency shall participate in the State assessments,
excepting those students who have been enrolled in schools in
the United States for less than 12 months. Such students may be

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exempted from participation in one annual administration of the
English language arts assessment. Any student determined to
have limited English proficiency may receive appropriate
assessment accommodations, which shall be established by rule.
Approved assessment accommodations may be provided until the
student's English language skills develop to the extent that
the student is no longer considered to have limited English
proficiency, as demonstrated through a State-identified
English language proficiency assessment.
(e) The results or scores of each assessment taken under
this Section shall be made available to the parents of each
student.
In each school year, the scores attained by a student on
the State assessment that includes a college and career ready
determination must be placed in the student's permanent record
and must be entered on the student's transcript pursuant to
rules that the State Board of Education shall adopt for that
purpose in accordance with Section 3 of the Illinois School
Student Records Act. In each school year, the scores attained
by a student on the State assessments administered in grades 3
through 8 must be placed in the student's temporary record.
(f) All schools shall administer an academic assessment of
English language proficiency in oral comprehension (listening
and speaking) and reading and writing skills to all children of
limited English speaking ability as prescribed by the State
Board of Education pursuant to Section 14C-3 of this Code.

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(g) All schools in this State that are part of the sample
drawn by the National Center for Education Statistics, in
collaboration with their school districts and the State Board
of Education, shall administer the biennial academic
assessments under the National Assessment of Educational
Progress carried out under Section 411(b)(2) of the federal
National Education Statistics Act of 1994 (20 U.S.C. 9010) if
the U.S. Secretary of Education pays the costs of administering
the assessments.
(h) Subject to available funds to this State for the
purpose of student assessment, the State Board of Education
shall provide additional assessments and assessment resources
that may be used by school districts for local assessment
purposes. The State Board of Education shall annually
distribute a listing of these additional resources.
(i) For the purposes of this subsection (i), "academically
based assessments" means assessments consisting of questions
and answers that are measurable and quantifiable to measure the
knowledge, skills, and ability of students in the subject
matters covered by the assessments. All assessments
administered pursuant to this Section must be academically
based assessments. The scoring of academically based
assessments shall be reliable, valid, and fair and shall meet
the guidelines for assessment development and use prescribed by
the American Psychological Association, the National Council
on Measurement in Education, and the American Educational

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Research Association.
The State Board of Education shall review the use of all
assessment item types in order to ensure that they are valid
and reliable indicators of student performance aligned to the
learning standards being assessed and that the development,
administration, and scoring of these item types are justifiable
in terms of cost.
(j) The State Superintendent of Education shall appoint a
committee of no more than 20 members, consisting of parents,
teachers, school administrators, assessment experts, and
concerned citizens, to review the State assessments
administered by the State Board of Education. The Committee
shall select one of the parent representatives as its
chairperson. The Committee shall meet on an ongoing basis to
review the content and design of the assessments (including
whether the requirements of subsection (i) of this Section have
been met), the time and money expended at the local and State
levels to prepare for and administer the assessments, the
collective results of the assessments as measured against the
stated purpose of assessing student performance, and other
issues involving the assessments identified by the Committee.
The Committee shall make periodic recommendations to the State
Superintendent of Education and the General Assembly
concerning the assessments.
(k) The State Board of Education may adopt rules to
implement this Section.

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(105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
Sec. 10-20.9a. Final Grade; Promotion.
(a) Teachers shall administer the approved marking system
or other approved means of evaluating pupil progress. The
teacher shall maintain the responsibility and right to
determine grades and other evaluations of students within the
grading policies of the district based upon his or her
professional judgment of available criteria pertinent to any
given subject area or activity for which he or she is
responsible. District policy shall provide the procedure and
reasons by and for which a grade may be changed; provided that
no grade or evaluation shall be changed without notification to
the teacher concerning the nature and reasons for such change.
If such a change is made, the person making the change shall
assume such responsibility for determining the grade or
evaluation, and shall initial such change.
(b) School districts shall not promote students to the next
higher grade level based upon age or any other social reasons
not related to the academic performance of the students. On or
before September 1, 1998, school boards shall adopt and enforce
a policy on promotion as they deem necessary to ensure that
students meet local goals and objectives and can perform at the
expected grade level prior to promotion. Decisions to promote
or retain students in any classes shall be based on successful
completion of the curriculum, attendance, performance based on

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the assessments required under Section 2-3.64a-5 of this Code
Illinois Goals and Assessment Program tests, the Iowa Test of
Basic Skills, or other testing or any other criteria
established by the school board. Students determined by the
local district to not qualify for promotion to the next higher
grade shall be provided remedial assistance, which may include,
but shall not be limited to, a summer bridge program of no less
than 90 hours, tutorial sessions, increased or concentrated
instructional time, modifications to instructional materials,
and retention in grade.
(Source: P.A. 89-610, eff. 8-6-96; 90-548, eff. 1-1-98.)
(105 ILCS 5/10-29)
Sec. 10-29. Remote educational programs.
(a) For purposes of this Section, "remote educational
program" means an educational program delivered to students in
the home or other location outside of a school building that
meets all of the following criteria:
(1) A student may participate in the program only after
the school district, pursuant to adopted school board
policy, and a person authorized to enroll the student under
Section 10-20.12b of this Code determine that a remote
educational program will best serve the student's
individual learning needs. The adopted school board policy
shall include, but not be limited to, all of the following:
(A) Criteria for determining that a remote

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educational program will best serve a student's
individual learning needs. The criteria must include
consideration of, at a minimum, a student's prior
attendance, disciplinary record, and academic history.
(B) Any limitations on the number of students or
grade levels that may participate in a remote
educational program.
(C) A description of the process that the school
district will use to approve participation in the
remote educational program. The process must include
without limitation a requirement that, for any student
who qualifies to receive services pursuant to the
federal Individuals with Disabilities Education
Improvement Act of 2004, the student's participation
in a remote educational program receive prior approval
from the student's individualized education program
team.
(D) A description of the process the school
district will use to develop and approve a written
remote educational plan that meets the requirements of
subdivision (5) of this subsection (a).
(E) A description of the system the school district
will establish to calculate the number of clock hours a
student is participating in instruction in accordance
with the remote educational program.
(F) A description of the process for renewing a

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remote educational program at the expiration of its
term.
(G) Such other terms and provisions as the school
district deems necessary to provide for the
establishment and delivery of a remote educational
program.
(2) The school district has determined that the remote
educational program's curriculum is aligned to State
learning standards and that the program offers instruction
and educational experiences consistent with those given to
students at the same grade level in the district.
(3) The remote educational program is delivered by
instructors that meet the following qualifications:
(A) they are certificated under Article 21 of this
Code;
(B) they meet applicable highly qualified criteria
under the federal No Child Left Behind Act of 2001; and
(C) they have responsibility for all of the
following elements of the program: planning
instruction, diagnosing learning needs, prescribing
content delivery through class activities, assessing
learning, reporting outcomes to administrators and
parents and guardians, and evaluating the effects of
instruction.
(4) During the period of time from and including the
opening date to the closing date of the regular school term

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of the school district established pursuant to Section
10-19 of this Code, participation in a remote educational
program may be claimed for general State aid purposes under
Section 18-8.05 of this Code on any calendar day,
notwithstanding whether the day is a day of pupil
attendance or institute day on the school district's
calendar or any other provision of law restricting
instruction on that day. If the district holds year-round
classes in some buildings, the district shall classify each
student's participation in a remote educational program as
either on a year-round or a non-year-round schedule for
purposes of claiming general State aid. Outside of the
regular school term of the district, the remote educational
program may be offered as part of any summer school program
authorized by this Code.
(5) Each student participating in a remote educational
program must have a written remote educational plan that
has been approved by the school district and a person
authorized to enroll the student under Section 10-20.12b of
this Code. The school district and a person authorized to
enroll the student under Section 10-20.12b of this Code
must approve any amendment to a remote educational plan.
The remote educational plan must include, but is not
limited to, all of the following:
(A) Specific achievement goals for the student
aligned to State learning standards.

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(B) A description of all assessments that will be
used to measure student progress, which description
shall indicate the assessments that will be
administered at an attendance center within the school
district.
(C) A description of the progress reports that will
be provided to the school district and the person or
persons authorized to enroll the student under Section
10-20.12b of this Code.
(D) Expectations, processes, and schedules for
interaction between a teacher and student.
(E) A description of the specific responsibilities
of the student's family and the school district with
respect to equipment, materials, phone and Internet
service, and any other requirements applicable to the
home or other location outside of a school building
necessary for the delivery of the remote educational
program.
(F) If applicable, a description of how the remote
educational program will be delivered in a manner
consistent with the student's individualized education
program required by Section 614(d) of the federal
Individuals with Disabilities Education Improvement
Act of 2004 or plan to ensure compliance with Section
504 of the federal Rehabilitation Act of 1973.
(G) A description of the procedures and

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opportunities for participation in academic and
extra-curricular activities and programs within the
school district.
(H) The identification of a parent, guardian, or
other responsible adult who will provide direct
supervision of the program. The plan must include an
acknowledgment by the parent, guardian, or other
responsible adult that he or she may engage only in
non-teaching duties not requiring instructional
judgment or the evaluation of a student. The plan shall
designate the parent, guardian, or other responsible
adult as non-teaching personnel or volunteer personnel
under subsection (a) of Section 10-22.34 of this Code.
(I) The identification of a school district
administrator who will oversee the remote educational
program on behalf of the school district and who may be
contacted by the student's parents with respect to any
issues or concerns with the program.
(J) The term of the student's participation in the
remote educational program, which may not extend for
longer than 12 months, unless the term is renewed by
the district in accordance with subdivision (7) of this
subsection (a).
(K) A description of the specific location or
locations in which the program will be delivered. If
the remote educational program is to be delivered to a

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student in any location other than the student's home,
the plan must include a written determination by the
school district that the location will provide a
learning environment appropriate for the delivery of
the program. The location or locations in which the
program will be delivered shall be deemed a long
distance teaching reception area under subsection (a)
of Section 10-22.34 of this Code.
(L) Certification by the school district that the
plan meets all other requirements of this Section.
(6) Students participating in a remote educational
program must be enrolled in a school district attendance
center pursuant to the school district's enrollment policy
or policies. A student participating in a remote
educational program must be tested as part of all
assessments administered by the school district pursuant
to Section 2-3.64a-5 2-3.64 of this Code at the attendance
center in which the student is enrolled and in accordance
with the attendance center's assessment policies and
schedule. The student must be included within all adequate
yearly progress and other accountability determinations
for the school district and attendance center under State
and federal law.
(7) The term of a student's participation in a remote
educational program may not extend for longer than 12
months, unless the term is renewed by the school district.

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The district may only renew a student's participation in a
remote educational program following an evaluation of the
student's progress in the program, a determination that the
student's continuation in the program will best serve the
student's individual learning needs, and an amendment to
the student's written remote educational plan addressing
any changes for the upcoming term of the program.
(b) A school district may, by resolution of its school
board, establish a remote educational program.
(c) Clock hours of instruction by students in a remote
educational program meeting the requirements of this Section
may be claimed by the school district and shall be counted as
school work for general State aid purposes in accordance with
and subject to the limitations of Section 18-8.05 of this Code.
(d) The impact of remote educational programs on wages,
hours, and terms and conditions of employment of educational
employees within the school district shall be subject to local
collective bargaining agreements.
(e) The use of a home or other location outside of a school
building for a remote educational program shall not cause the
home or other location to be deemed a public school facility.
(f) A remote educational program may be used, but is not
required, for instruction delivered to a student in the home or
other location outside of a school building that is not claimed
for general State aid purposes under Section 18-8.05 of this
Code.

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(g) School districts that, pursuant to this Section, adopt
a policy for a remote educational program must submit to the
State Board of Education a copy of the policy and any
amendments thereto, as well as data on student participation in
a format specified by the State Board of Education. The State
Board of Education may perform or contract with an outside
entity to perform an evaluation of remote educational programs
in this State.
(h) The State Board of Education may adopt any rules
necessary to ensure compliance by remote educational programs
with the requirements of this Section and other applicable
legal requirements.
(Source: P.A. 96-684, eff. 8-25-09; 97-339, eff. 8-12-11.)
(105 ILCS 5/13A-11)
Sec. 13A-11. Chicago public schools.
(a) The Chicago Board of Education may establish
alternative schools within Chicago and may contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, in accordance with
Sections 34-8.1, 34-18, and 34-49.
(b) Alternative schools operated by third parties within
Chicago shall be exempt from all provisions of this the School
Code, except provisions concerning:
(1) student Student civil rights;
(2) staff Staff civil rights;

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(3) health Health and safety;
(4) performance Performance and financial audits;
(5) the assessments required under Section 2-3.64a-5
of this Code The Illinois Goals Assessment Program;
(6) Chicago learning outcomes;
(7) Sections 2-3.25a through 2-3.25j of this the School
Code;
(8) the The Inspector General; and
(9) Section 34-2.4b of this the School Code.
(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
(105 ILCS 5/13B-25.25)
Sec. 13B-25.25. Testing and assessment. A district plan for
an alternative learning opportunities program operated through
a cooperative or intergovernmental agreement must provide
procedures for ensuring that students are included in the
administration of statewide testing programs. Students
enrolled in an alternative learning opportunities program
shall participate in State assessments under Section 2-3.64a-5
2-3.64 of this Code.
(Source: P.A. 92-42, eff. 1-1-02.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the common
schools for the 1998-1999 and subsequent school years.

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(A) General Provisions.
(1) The provisions of this Section apply to the 1998-1999
and subsequent school years. The system of general State
financial aid provided for in this Section is designed to
assure that, through a combination of State financial aid and
required local resources, the financial support provided each
pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available Local
Resources, equals or exceeds the Foundation Level. The amount
of per pupil general State financial aid for school districts,
in general, varies in inverse relation to Available Local
Resources. Per pupil amounts are based upon each school
district's Average Daily Attendance as that term is defined in
this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive supplemental
general State financial aid grants as provided pursuant to
subsection (H). The supplemental State aid grants provided for
school districts under subsection (H) shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is

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appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund. In
case of nonrecognition 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 which the Average Daily Attendance in the
attendance center or centers bear to the Average Daily
Attendance in the school district. A "recognized school"
means any public school which meets the standards as
established for recognition by the State Board of
Education. 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 which was filed while it was recognized.
(b) School district claims filed under this Section are
subject to Sections 18-9 and 18-12, except as otherwise
provided in this Section.
(c) If a school district operates a full year school
under Section 10-19.1, the general State aid to the school
district shall be determined by the State Board of

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Education in accordance with this Section as near as may be
applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided for
in this Section may apply those funds to any fund so received
for which that board is authorized to make expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil financial
support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of Average
Daily Attendance and derived as provided pursuant to
subsection (D).
(c) "Corporate Personal Property Replacement Taxes":
Funds paid to local school districts 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

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amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per pupil
financial support as provided for in subsection (B).
(e) "Operating Tax Rate": All school district property
taxes extended for all purposes, except Bond and Interest,
Summer School, Rent, Capital Improvement, and Vocational
Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to exert
a sufficient local taxing effort such that, in combination with
the aggregate of general State financial aid provided the
district, an aggregate of State and local resources are
available to meet the basic education needs of pupils in the
district.
(2) For the 1998-1999 school year, the Foundation Level of
support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001 school
year, the Foundation Level of support is $4,425. For the
2001-2002 school year and 2002-2003 school year, the Foundation
Level of support is $4,560. For the 2003-2004 school year, the
Foundation Level of support is $4,810. For the 2004-2005 school

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year, the Foundation Level of support is $4,964. For the
2005-2006 school year, the Foundation Level of support is
$5,164. For the 2006-2007 school year, the Foundation Level of
support is $5,334. For the 2007-2008 school year, the
Foundation Level of support is $5,734. For the 2008-2009 school
year, the Foundation Level of support is $5,959.
(3) For the 2009-2010 school year and each school year
thereafter, the Foundation Level of support is $6,119 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid pursuant
to subsection (E), an Average Daily Attendance figure shall be
utilized. The Average Daily Attendance figure for formula
calculation purposes shall be the monthly average of the actual
number of pupils in attendance of each school district, as
further averaged for the best 3 months of pupil attendance for
each school district. In compiling the figures for the number
of pupils in attendance, school districts and the State Board
of Education shall, for purposes of general State aid funding,
conform attendance figures to the requirements of subsection
(F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which

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general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever is
greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid pursuant
to subsection (E), a representation of Available Local
Resources per pupil, as that term is defined and determined in
this subsection, shall be utilized. Available Local Resources
per pupil shall include a calculated dollar amount representing
local school district revenues from local property taxes and
from Corporate Personal Property Replacement Taxes, expressed
on the basis of pupils in Average Daily Attendance. Calculation
of Available Local Resources shall exclude any tax amnesty
funds received as a result of Public Act 93-26.
(2) In determining a school district's revenue from local
property taxes, the State Board of Education shall utilize the
equalized assessed valuation of all taxable property of each
school district as of September 30 of the previous year. The
equalized assessed valuation utilized shall be obtained and
determined as provided in subsection (G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be

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calculated as the product of the applicable equalized assessed
valuation for the district multiplied by 3.00%, and divided by
the district's Average Daily Attendance figure. For school
districts maintaining grades kindergarten through 8, local
property tax revenues per pupil shall be calculated as the
product of the applicable equalized assessed valuation for the
district multiplied by 2.30%, and divided by the district's
Average Daily Attendance figure. For school districts
maintaining grades 9 through 12, local property tax revenues
per pupil shall be the applicable equalized assessed valuation
of the district multiplied by 1.05%, and divided by the
district's Average Daily Attendance figure.
For partial elementary unit districts created pursuant to
Article 11E of this Code, local property tax revenues per pupil
shall be calculated as the product of the equalized assessed
valuation for property within the partial elementary unit
district for elementary purposes, as defined in Article 11E of
this Code, multiplied by 2.06% and divided by the district's
Average Daily Attendance figure, plus the product of the
equalized assessed valuation for property within the partial
elementary unit district for high school purposes, as defined
in Article 11E of this Code, multiplied by 0.94% and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes paid
to each school district during the calendar year one year
before the calendar year in which a school year begins, divided

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by the Average Daily Attendance figure for that district, shall
be added to the local property tax revenues per pupil as
derived by the application of the immediately preceding
paragraph (3). The sum of these per pupil figures for each
school district shall constitute Available Local Resources as
that term is utilized in subsection (E) in the calculation of
general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State aid
allotted to a school district shall be computed by the State
Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times the
Foundation Level, general State aid for that district shall be
calculated as an amount equal to the Foundation Level minus
Available Local Resources, multiplied by the Average Daily
Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product of
0.93 times the Foundation Level and less than the product of
1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear algorithm,
the calculated general State aid per pupil shall decline in
direct linear fashion from 0.07 times the Foundation Level for

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a school district with Available Local Resources equal to the
product of 0.93 times the Foundation Level, to 0.05 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 1.75 times the Foundation
Level. The allocation of general State aid for school districts
subject to this paragraph 3 shall be the calculated general
State aid per pupil figure multiplied by the Average Daily
Attendance of the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75 times
the Foundation Level, the general State aid for the school
district shall be calculated as the product of $218 multiplied
by the Average Daily Attendance of the school district.
(5) The amount of general State aid allocated to a school
district for the 1999-2000 school year meeting the requirements
set forth in paragraph (4) of subsection (G) shall be increased
by an amount equal to the general State aid that would have
been received by the district for the 1998-1999 school year by
utilizing the Extension Limitation Equalized Assessed
Valuation as calculated in paragraph (4) of subsection (G) less
the general State aid allotted for the 1998-1999 school year.
This amount shall be deemed a one time increase, and shall not
affect any future general State aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,

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submit to the State Board of Education, on forms prescribed by
the State Board of Education, attendance figures for the school
year that began in the preceding calendar year. The attendance
information so transmitted shall identify the average daily
attendance figures for each month of the school year. Beginning
with the general State aid claim form for the 2002-2003 school
year, districts shall calculate Average Daily Attendance as
provided in subdivisions (a), (b), and (c) of this paragraph
(1).
(a) In districts that do not hold year-round classes,
days of attendance in August shall be added to the month of
September and any days of attendance in June shall be added
to the month of May.
(b) In districts in which all buildings hold year-round
classes, days of attendance in July and August shall be
added to the month of September and any days of attendance
in June shall be added to the month of May.
(c) In districts in which some buildings, but not all,
hold year-round classes, for the non-year-round buildings,
days of attendance in August shall be added to the month of
September and any days of attendance in June shall be added
to the month of May. The average daily attendance for the
year-round buildings shall be computed as provided in
subdivision (b) of this paragraph (1). To calculate the
Average Daily Attendance for the district, the average
daily attendance for the year-round buildings shall be

09800SB3412sam001 - 35 - LRB098 19883 NHT 55985 a
multiplied by the days in session for the non-year-round
buildings for each month and added to the monthly
attendance of the non-year-round buildings.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of not
less than 5 clock hours of school work per day under direct
supervision of: (i) teachers, or (ii) non-teaching personnel or
volunteer personnel when engaging in non-teaching duties and
supervising in those instances specified in subsection (a) of
Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
of legal school age and in kindergarten and grades 1 through
12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock hours
of school shall be subject to the following provisions in the
compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis
of 1/6 day for every class hour of instruction of 40
minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of 80
minutes or more of instruction, in which case the pupil may
be counted on the basis of the proportion of minutes of
school work completed each day to the minimum number of

09800SB3412sam001 - 36 - LRB098 19883 NHT 55985 a
minutes that school work is required to be held that day.
(b) (Blank).
(c) A session of 4 or more clock hours may be counted
as a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent
of Education to the extent that the district has been
forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be counted
as a day of attendance (1) when the remainder of the school
day or at least 2 hours in the evening of that day is
utilized for an in-service training program for teachers,
up to a maximum of 5 days per school year, provided a
district conducts an in-service training program for
teachers in accordance with Section 10-22.39 of this Code;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day required
for a legal school calendar pursuant to Section 10-19 of
this Code; (1.5) when, of the 5 days allowed under item
(1), a maximum of 4 days are used for parent-teacher
conferences, or, in lieu of 4 such days, 2 full days are
used, in which case each such day may be counted as a
calendar day required under Section 10-19 of this Code,
provided that the full-day, parent-teacher conference
consists of (i) a minimum of 5 clock hours of
parent-teacher conferences, (ii) both a minimum of 2 clock
hours of parent-teacher conferences held in the evening

09800SB3412sam001 - 37 - LRB098 19883 NHT 55985 a
following a full day of student attendance, as specified in
subsection (F)(1)(c), and a minimum of 3 clock hours of
parent-teacher conferences held on the day immediately
following evening parent-teacher conferences, or (iii)
multiple parent-teacher conferences held in the evenings
following full days of student attendance, as specified in
subsection (F)(1)(c), in which the time used for the
parent-teacher conferences is equivalent to a minimum of 5
clock hours; and (2) when days in addition to those
provided in items (1) and (1.5) are scheduled by a school
pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement
plan adopted under Article 2, provided that (i) such
sessions of 3 or more clock hours are scheduled to occur at
regular intervals, (ii) the remainder of the school days in
which such sessions occur are utilized for in-service
training programs or other staff development activities
for teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of minutes
by which such sessions of 3 or more clock hours fall short
of 5 clock hours. Any full days used for the purposes of
this paragraph shall not be considered for computing
average daily attendance. Days scheduled for in-service
training programs, staff development activities, or

09800SB3412sam001 - 38 - LRB098 19883 NHT 55985 a
parent-teacher conferences may be scheduled separately for
different grade levels and different attendance centers of
the district.
(e) A session of not less than one clock hour of
teaching hospitalized or homebound pupils on-site or by
telephone to the classroom may be counted as 1/2 day of
attendance, however these pupils must receive 4 or more
clock hours of instruction to be counted for a full day of
attendance.
(f) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils
in full day kindergartens, and a session of 2 or more hours
may be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(g) For children with disabilities who are below the
age of 6 years and who cannot attend 2 or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational
needs so require a session of 4 or more clock hours may be
counted as a full day of attendance.
(h) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more
than 1/2 day of attendance counted in any one day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. When a pupil attends such a

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kindergarten for 2 half days on any one school day, the
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted, except in
case of children who entered the kindergarten in their
fifth year whose educational development requires a second
year of kindergarten as determined under the rules and
regulations of the State Board of Education.
(i) On the days when the assessment that includes a
college and career ready determination Prairie State
Achievement Examination is administered under subsection
(c) of Section 2-3.64a-5 2-3.64 of this Code, the day of
attendance for a pupil whose school day must be shortened
to accommodate required testing procedures may be less than
5 clock hours and shall be counted towards the 176 days of
actual pupil attendance required under Section 10-19 of
this Code, provided that a sufficient number of minutes of
school work in excess of 5 clock hours are first completed
on other school days to compensate for the loss of school
work on the examination days.
(j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted

09800SB3412sam001 - 40 - LRB098 19883 NHT 55985 a
on the basis of one-fifth day of attendance for every clock
hour of instruction attended in the remote educational
program, provided that, in any month, the school district
may not claim for a student enrolled in a remote
educational program more days of attendance than the
maximum number of days of attendance the district can claim
(i) for students enrolled in a building holding year-round
classes if the student is classified as participating in
the remote educational program on a year-round schedule or
(ii) for students enrolled in a building not holding
year-round classes if the student is not classified as
participating in the remote educational program on a
year-round schedule.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State Board
of Education shall secure from the Department of Revenue the
value as equalized or assessed by the Department of Revenue of
all taxable property of every school district, together with
(i) the applicable tax rate used in extending taxes for the
funds of the district as of September 30 of the previous year
and (ii) the limiting rate for all school districts subject to
property tax extension limitations as imposed under the
Property Tax Extension Limitation Law.
The Department of Revenue shall add to the equalized

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assessed value of all taxable property of each school district
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 (a) 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 school district exceeds the total amount that would have
been allowed in that school district 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 (b) 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 school district 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 paragraph 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
Available Local Resources shall not be affected by the

09800SB3412sam001 - 42 - LRB098 19883 NHT 55985 a
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
paragraph 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
Available Local Resources shall not be affected by the
difference, if any, because of those additional exemptions.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1) shall
be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school district
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, Sections 11-74.4-1 through 11-74.4-11
of the Illinois Municipal Code or the Industrial Jobs
Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
Illinois Municipal Code, no part of the current equalized
assessed valuation of real property located in any such

09800SB3412sam001 - 43 - LRB098 19883 NHT 55985 a
project area which is attributable to an increase above the
total initial equalized assessed valuation of such
property shall be used as part of the equalized assessed
valuation of the district, 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
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall be
used until such time as all redevelopment project costs
have been paid.
(b) 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

09800SB3412sam001 - 44 - LRB098 19883 NHT 55985 a
subparagraph (b).
(3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
For purposes of this subsection (G)(3) the following terms
shall have the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Base Tax Year's Tax Extension": 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 the Property
Tax Extension Limitation Law.
"Preceding Tax Year's Tax Extension": The product of
the equalized assessed valuation utilized by the County
Clerk in the Preceding Tax Year multiplied by the Operating
Tax Rate as defined in subsection (A).
"Extension Limitation Ratio": A numerical ratio,
certified by the County Clerk, in which the numerator is

09800SB3412sam001 - 45 - LRB098 19883 NHT 55985 a
the Base Tax Year's Tax Extension and the denominator is
the Preceding Tax Year's Tax Extension.
"Operating Tax Rate": The operating tax rate as defined
in subsection (A).
If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to
the product of the district's 1996 Equalized Assessed Valuation
and the district's Extension Limitation Ratio. Except as
otherwise provided in this paragraph for a school district that
has approved or does approve an increase in its limiting rate,
for the 2000-2001 school year and each school year thereafter,
the Extension Limitation Equalized Assessed Valuation of a
school district as calculated by the State Board of Education
shall be equal to the product of the Equalized Assessed
Valuation last used in the calculation of general State aid and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated under this subsection (G)(3) is less than the
district's equalized assessed valuation as calculated pursuant
to subsections (G)(1) and (G)(2), then for purposes of
calculating the district's general State aid for the Budget

09800SB3412sam001 - 46 - LRB098 19883 NHT 55985 a
Year pursuant to subsection (E), that Extension Limitation
Equalized Assessed Valuation shall be utilized to calculate the
district's Available Local Resources under subsection (D). For
the 2009-2010 school year and each school year thereafter, if a
school district 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 Extension Limitation
Equalized Assessed Valuation of the school district, as
calculated by the State Board of Education, shall be equal to
the product of the Equalized Assessed Valuation last used in
the calculation of general State aid times 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. New property and recovered tax
increment value shall have the meanings set forth in the
Property Tax Extension Limitation Law.
Partial elementary unit districts created in accordance
with Article 11E of this Code shall not be eligible for the
adjustment in this subsection (G)(3) until the fifth year
following the effective date of the reorganization.
(3.5) For the 2010-2011 school year and each school year
thereafter, if a school district's boundaries span multiple

09800SB3412sam001 - 47 - LRB098 19883 NHT 55985 a
counties, then the Department of Revenue shall send to the
State Board of Education, for the purpose of calculating
general State aid, the limiting rate and individual rates by
purpose for the county that contains the majority of the school
district's Equalized Assessed Valuation.
(4) For the purposes of calculating general State aid for
the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized assessed
valuation used in calculating its general State financial aid
apportionment for the 1998-1999 school year, the State Board of
Education shall calculate the Extension Limitation Equalized
Assessed Valuation that would have been used to calculate the
district's 1998-1999 general State aid. This amount shall equal
the product of the equalized assessed valuation used to
calculate general State aid for the 1997-1998 school year and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of the school district
as calculated under this paragraph (4) is less than the
district's equalized assessed valuation utilized in
calculating the district's 1998-1999 general State aid
allocation, then for purposes of calculating the district's
general State aid pursuant to paragraph (5) of subsection (E),
that Extension Limitation Equalized Assessed Valuation shall
be utilized to calculate the district's Available Local
Resources.
(5) For school districts having a majority of their

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equalized assessed valuation in any county except Cook, DuPage,
Kane, Lake, McHenry, or Will, if the amount of general State
aid allocated to the school district for the 1999-2000 school
year under the provisions of subsection (E), (H), and (J) of
this Section is less than the amount of general State aid
allocated to the district for the 1998-1999 school year under
these subsections, then the general State aid of the district
for the 1999-2000 school year only shall be increased by the
difference between these amounts. The total payments made under
this paragraph (5) shall not exceed $14,000,000. Claims shall
be prorated if they exceed $14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school district
is allotted pursuant to subsection (E), qualifying school
districts shall receive a grant, paid in conjunction with a
district's payments of general State aid, for supplemental
general State aid based upon the concentration level of
children from low-income households within the school
district. Supplemental State aid grants provided for school
districts under this subsection shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section.
(1.5) This paragraph (1.5) applies only to those school
years preceding the 2003-2004 school year. For purposes of this

09800SB3412sam001 - 49 - LRB098 19883 NHT 55985 a
subsection (H), the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average Daily
Attendance of the school district. If, however, (i) the
percentage decrease from the 2 most recent federal censuses in
the low-income eligible pupil count of a high school district
with fewer than 400 students exceeds by 75% or more the
percentage change in the total low-income eligible pupil count
of contiguous elementary school districts, whose boundaries
are coterminous with the high school district, or (ii) a high
school district within 2 counties and serving 5 elementary
school districts, whose boundaries are coterminous with the
high school district, has a percentage decrease from the 2 most
recent federal censuses in the low-income eligible pupil count
and there is a percentage increase in the total low-income
eligible pupil count of a majority of the elementary school
districts in excess of 50% from the 2 most recent federal
censuses, then the high school district's low-income eligible
pupil count from the earlier federal census shall be the number
used as the low-income eligible pupil count for the high school
district, for purposes of this subsection (H). The changes made
to this paragraph (1) by Public Act 92-28 shall apply to
supplemental general State aid grants for school years
preceding the 2003-2004 school year that are paid in fiscal
year 1999 or thereafter and to any State aid payments made in
fiscal year 1994 through fiscal year 1998 pursuant to

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subsection 1(n) of Section 18-8 of this Code (which was
repealed on July 1, 1998), and any high school district that is
affected by Public Act 92-28 is entitled to a recomputation of
its supplemental general State aid grant or State aid paid in
any of those fiscal years. This recomputation shall not be
affected by any other funding.
(1.10) This paragraph (1.10) applies to the 2003-2004
school year and each school year thereafter. For purposes of
this subsection (H), the term "Low-Income Concentration Level"
shall, for each fiscal year, be the low-income eligible pupil
count as of July 1 of the immediately preceding fiscal year (as
determined by the Department of Human Services based on the
number of pupils who are eligible for at least one of the
following low income programs: Medicaid, the Children's Health
Insurance Program, TANF, or Food Stamps, excluding pupils who
are eligible for services provided by the Department of
Children and Family Services, averaged over the 2 immediately
preceding fiscal years for fiscal year 2004 and over the 3
immediately preceding fiscal years for each fiscal year
thereafter) divided by the Average Daily Attendance of the
school district.
(2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 1998-1999,
1999-2000, and 2000-2001 school years only:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%, the

09800SB3412sam001 - 51 - LRB098 19883 NHT 55985 a
grant for any school year shall be $800 multiplied by the
low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%, the
grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%, the
grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil amount
specified in subparagraphs (b), (c), and (d) immediately
above shall be increased to $1,243, $1,600, and $2,000,
respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be $1,273, $1,640, and $2,050,
respectively.
(2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2002-2003
school year:
(a) For any school district with a Low Income

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Concentration Level of less than 10%, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 10% and less than 20%, the
grant for each school year shall be $675 multiplied by the
low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%, the
grant for each school year shall be $1,330 multiplied by
the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%, the
grant for each school year shall be $1,362 multiplied by
the low income eligible pupil count.
(e) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%, the
grant for each school year shall be $1,680 multiplied by
the low income eligible pupil count.
(f) For any school district with a Low Income
Concentration Level of 60% or more, the grant for each
school year shall be $2,080 multiplied by the low income
eligible pupil count.
(2.10) Except as otherwise provided, supplemental general
State aid pursuant to this subsection (H) shall be provided as
follows for the 2003-2004 school year and each school year

09800SB3412sam001 - 53 - LRB098 19883 NHT 55985 a
thereafter:
(a) For any school district with a Low Income
Concentration Level of 15% or less, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level greater than 15%, the grant for each
school year shall be $294.25 added to the product of $2,700
and the square of the Low Income Concentration Level, all
multiplied by the low income eligible pupil count.
For the 2003-2004 school year and each school year
thereafter through the 2008-2009 school year only, the grant
shall be no less than the grant for the 2002-2003 school year.
For the 2009-2010 school year only, the grant shall be no less
than the grant for the 2002-2003 school year multiplied by
0.66. For the 2010-2011 school year only, the grant shall be no
less than the grant for the 2002-2003 school year multiplied by
0.33. Notwithstanding the provisions of this paragraph to the
contrary, if for any school year supplemental general State aid
grants are prorated as provided in paragraph (1) of this
subsection (H), then the grants under this paragraph shall be
prorated.
For the 2003-2004 school year only, the grant shall be no
greater than the grant received during the 2002-2003 school
year added to the product of 0.25 multiplied by the difference
between the grant amount calculated under subsection (a) or (b)

09800SB3412sam001 - 54 - LRB098 19883 NHT 55985 a
of this paragraph (2.10), whichever is applicable, and the
grant received during the 2002-2003 school year. For the
2004-2005 school year only, the grant shall be no greater than
the grant received during the 2002-2003 school year added to
the product of 0.50 multiplied by the difference between the
grant amount calculated under subsection (a) or (b) of this
paragraph (2.10), whichever is applicable, and the grant
received during the 2002-2003 school year. For the 2005-2006
school year only, the grant shall be no greater than the grant
received during the 2002-2003 school year added to the product
of 0.75 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph
(2.10), whichever is applicable, and the grant received during
the 2002-2003 school year.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting from
this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State aid

09800SB3412sam001 - 55 - LRB098 19883 NHT 55985 a
pursuant to this subsection shall be required to distribute
from funds available pursuant to this Section, no less than
$261,000,000 in accordance with the following requirements:
(a) The required amounts shall be distributed to the
attendance centers within the district in proportion to the
number of pupils enrolled at each attendance center who are
eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966
and under the National School Lunch Act during the
immediately preceding school year.
(b) The distribution of these portions of supplemental
and general State aid among attendance centers according to
these requirements shall not be compensated for or
contravened by adjustments of the total of other funds
appropriated to any attendance centers, and the Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior
to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds and
other categorical funds to which an attendance center is
entitled under law in order that the general State aid and
supplemental general State aid provided by application of
this subsection supplements rather than supplants the
noncategorical funds and other categorical funds provided
by the school district to the attendance centers.

09800SB3412sam001 - 56 - LRB098 19883 NHT 55985 a
(d) Any funds made available under this subsection that
by reason of the provisions of this subsection are not
required to be allocated and provided to attendance centers
may be used and appropriated by the board of the district
for any lawful school purpose.
(e) Funds received by an attendance center pursuant to
this subsection shall be used by the attendance center at
the discretion of the principal and local school council
for programs to improve educational opportunities at
qualifying schools through the following programs and
services: early childhood education, reduced class size or
improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement, and
other educationally beneficial expenditures which
supplement the regular and basic programs as determined by
the State Board of Education. Funds provided shall not be
expended for any political or lobbying purposes as defined
by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to meet
the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to the
State Board of Education prior to July 15 of each year.
This plan shall be consistent with the decisions of local
school councils concerning the school expenditure plans
developed in accordance with part 4 of Section 34-2.3. The

09800SB3412sam001 - 57 - LRB098 19883 NHT 55985 a
State Board shall approve or reject the plan within 60 days
after its submission. If the plan is rejected, the district
shall give written notice of intent to modify the plan
within 15 days of the notification of rejection and then
submit a modified plan within 30 days after the date of the
written notice of intent to modify. Districts may amend
approved plans pursuant to rules promulgated by the State
Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by that plan or modified plan
shall be withheld by the State Board of Education until a
plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions of
this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for

09800SB3412sam001 - 58 - LRB098 19883 NHT 55985 a
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days of
receipt of the report, notify the district and any affected
local school council. The district shall within 45 days of
receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure report
or the notification of remedial or corrective action in a
timely manner shall result in a withholding of the affected
funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted a
plan that has been approved by the State Board of
Education.
(I) (Blank).
(J) (Blank).

09800SB3412sam001 - 59 - LRB098 19883 NHT 55985 a
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing board
of a public university that operates a laboratory school under
this Section or to any alternative school that is operated by a
regional superintendent of schools, the State Board of
Education shall require by rule such reporting requirements as
it deems necessary.
As used in this Section, "laboratory school" means a public
school which is created and operated by a public university and
approved by the State Board of Education. The governing board
of a public university which receives funds from the State
Board under this subsection (K) may not increase the number of
students enrolled in its laboratory school from a single
district, if that district is already sending 50 or more
students, except under a mutual agreement between the school
board of a student's district of residence and the university
which operates the laboratory school. A laboratory school may
not have more than 1,000 students, excluding students with
disabilities in a special education program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational

09800SB3412sam001 - 60 - LRB098 19883 NHT 55985 a
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school serving
more than one educational service region may be established by
the regional superintendents of schools of the affected
educational service regions. An alternative school serving
more than one educational service region may be operated under
such terms as the regional superintendents of schools of those
educational service regions may agree.
Each laboratory and alternative school shall file, on forms
provided by the State Superintendent of Education, an annual
State aid claim which states the Average Daily Attendance of
the school's students by month. The best 3 months' Average
Daily Attendance shall be computed for each school. The general
State aid entitlement shall be computed by multiplying the
applicable Average Daily Attendance by the Foundation Level as
determined under this Section.
(L) Payments, Additional Grants in Aid and Other Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under this
Section, but not the supplemental general State aid, shall be
reduced by an amount equal to the budget for the operations of
the Authority as certified by the Authority to the State Board
of Education, and an amount equal to such reduction shall be

09800SB3412sam001 - 61 - LRB098 19883 NHT 55985 a
paid to the Authority created for such district for its
operating expenses in the manner provided in Section 18-11. The
remainder of general State school aid for any such district
shall be paid in accordance with Article 34A when that Article
provides for a disposition other than that provided by this
Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made as
provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate. The
members appointed shall include representatives of education,
business, and the general public. One of the members so
appointed shall be designated by the Governor at the time the
appointment is made as the chairperson of the Board. The
initial members of the Board may be appointed any time after
the effective date of this amendatory Act of 1997. The regular
term of each member of the Board shall be for 4 years from the
third Monday of January of the year in which the term of the
member's appointment is to commence, except that of the 5
initial members appointed to serve on the Board, the member who
is appointed as the chairperson shall serve for a term that

09800SB3412sam001 - 62 - LRB098 19883 NHT 55985 a
commences on the date of his or her appointment and expires on
the third Monday of January, 2002, and the remaining 4 members,
by lots drawn at the first meeting of the Board that is held
after all 5 members are appointed, shall determine 2 of their
number to serve for terms that commence on the date of their
respective appointments and expire on the third Monday of
January, 2001, and 2 of their number to serve for terms that
commence on the date of their respective appointments and
expire on the third Monday of January, 2000. All members
appointed to serve on the Board shall serve until their
respective successors are appointed and confirmed. Vacancies
shall be filled in the same manner as original appointments. If
a vacancy in membership occurs at a time when the Senate is not
in session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If the
Senate is not in session when the initial appointments are
made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the Governor
to serve as members of the Board shall take office, on the date
that the Governor makes his or her appointment of the fifth
initial member of the Board, whether those initial members are
then serving pursuant to appointment and confirmation or

09800SB3412sam001 - 63 - LRB098 19883 NHT 55985 a
pursuant to temporary appointments that are made by the
Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board of
its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for the
foundation level under subdivision (B)(3) of this Section and
for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance. The
Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions of
Section 18-8 as that Section existed before its repeal and

09800SB3412sam001 - 64 - LRB098 19883 NHT 55985 a
replacement by this Section 18-8.05 shall be deemed to refer to
the corresponding provisions of this Section 18-8.05, to the
extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds shall
be deemed to refer to the supplemental general State aid
provided under subsection (H) of this Section.
(P) Public Act 93-838 and Public Act 93-808 make inconsistent
changes to this Section. Under Section 6 of the Statute on
Statutes there is an irreconcilable conflict between Public Act
93-808 and Public Act 93-838. Public Act 93-838, being the last
acted upon, is controlling. The text of Public Act 93-838 is
the law regardless of the text of Public Act 93-808.
(Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300,
eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09;
96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff.
11-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742,
eff. 6-30-13; 97-813, eff. 7-13-12.)
(105 ILCS 5/21B-75)
Sec. 21B-75. Suspension or revocation of license.
(a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
(b) The State Superintendent of Education has the exclusive

09800SB3412sam001 - 65 - LRB098 19883 NHT 55985 a
authority, in accordance with this Section and any rules
adopted by the State Board of Education, in consultation with
the State Educator Preparation and Licensure Board, to initiate
the suspension of up to 5 calendar years or revocation of any
license issued pursuant to this Article for abuse or neglect of
a child, immorality, a condition of health detrimental to the
welfare of pupils, incompetency, unprofessional conduct (which
includes the failure to disclose on an employment application
any previous conviction for a sex offense, as defined in
Section 21B-80 of this Code, or any other offense committed in
any other state or against the laws of the United States that,
if committed in this State, would be punishable as a sex
offense, as defined in Section 21B-80 of this Code), the
neglect of any professional duty, willful failure to report an
instance of suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act, failure to establish
satisfactory repayment on an educational loan guaranteed by the
Illinois Student Assistance Commission, or other just cause.
Unprofessional conduct shall include the refusal to attend or
participate in institutes, teachers' meetings, or professional
readings or to meet other reasonable requirements of the
regional superintendent of schools or State Superintendent of
Education. Unprofessional conduct also includes conduct that
violates the standards, ethics, or rules applicable to the
security, administration, monitoring, or scoring of or the
reporting of scores from any assessment test or examination

09800SB3412sam001 - 66 - LRB098 19883 NHT 55985 a
administered under Section 2-3.64a-5 2-3.64 of this Code or
that is known or intended to produce or report manipulated or
artificial, rather than actual, assessment or achievement
results or gains from the administration of those tests or
examinations. Unprofessional conduct shall also include
neglect or unnecessary delay in the making of statistical and
other reports required by school officers. Incompetency shall
include, without limitation, 2 or more school terms of service
for which the license holder has received an unsatisfactory
rating on a performance evaluation conducted pursuant to
Article 24A of this Code within a period of 7 school terms of
service. In determining whether to initiate action against one
or more licenses based on incompetency and the recommended
sanction for such action, the State Superintendent shall
consider factors that include without limitation all of the
following:
(1) Whether the unsatisfactory evaluation ratings
occurred prior to June 13, 2011 (the effective date of
Public Act 97-8).
(2) Whether the unsatisfactory evaluation ratings
occurred prior to or after the implementation date, as
defined in Section 24A-2.5 of this Code, of an evaluation
system for teachers in a school district.
(3) Whether the evaluator or evaluators who performed
an unsatisfactory evaluation met the pre-licensure and
training requirements set forth in Section 24A-3 of this

09800SB3412sam001 - 67 - LRB098 19883 NHT 55985 a
Code.
(4) The time between the unsatisfactory evaluation
ratings.
(5) The quality of the remediation plans associated
with the unsatisfactory evaluation ratings and whether the
license holder successfully completed the remediation
plans.
(6) Whether the unsatisfactory evaluation ratings were
related to the same or different assignments performed by
the license holder.
(7) Whether one or more of the unsatisfactory
evaluation ratings occurred in the first year of a teaching
or administrative assignment.
When initiating an action against one or more licenses, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.
(c) The State Superintendent of Education shall, upon

09800SB3412sam001 - 68 - LRB098 19883 NHT 55985 a
receipt of evidence of abuse or neglect of a child, immorality,
a condition of health detrimental to the welfare of pupils,
incompetency (subject to subsection (b) of this Section),
unprofessional conduct, the neglect of any professional duty,
or other just cause, further investigate and, if and as
appropriate, serve written notice to the individual and afford
the individual opportunity for a hearing prior to suspension,
revocation, or other sanction; provided that the State
Superintendent is under no obligation to initiate such an
investigation if the Department of Children and Family Services
is investigating the same or substantially similar allegations
and its child protective service unit has not made its
determination, as required under Section 7.12 of the Abused and
Neglected Child Reporting Act. If the State Superintendent of
Education does not receive from an individual a request for a
hearing within 10 days after the individual receives notice,
the suspension, revocation, or other sanction shall
immediately take effect in accordance with the notice. If a
hearing is requested within 10 days after notice of an
opportunity for hearing, it shall act as a stay of proceedings
until the State Educator Preparation and Licensure Board issues
a decision. Any hearing shall take place in the educational
service region where the educator is or was last employed and
in accordance with rules adopted by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board, and such rules shall include without

09800SB3412sam001 - 69 - LRB098 19883 NHT 55985 a
limitation provisions for discovery and the sharing of
information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this
Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
The State Board of Education may refuse to issue or may
suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may be
reasonably necessary to establish the existence of any alleged
misconduct. At any stage of the investigation, the State
Superintendent may issue a subpoena requiring the attendance
and testimony of a witness, including the license holder, and

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the production of any evidence, including files, records,
correspondence, or documents, relating to any matter in
question in the investigation. The subpoena shall require a
witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present, but
the State Superintendent shall provide the license holder with
a copy of any recorded testimony prior to a hearing under this
Section. Such recorded testimony must not be used as evidence
at a hearing, unless the license holder has adequate notice of
the testimony and the opportunity to cross-examine the witness.
Failure of a license holder to comply with a duly issued,
investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.
(e) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Educator Preparation and Licensure
Board under this Section is confidential and must not be
disclosed to third parties, except (i) as necessary for the
State Superintendent of Education or his or her designee to
investigate and prosecute pursuant to this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such information
admitted into evidence in a hearing is exempt from this

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confidentiality and non-disclosure requirement.
(f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer
oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any
person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings in
civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by
order duly entered, require the attendance of witnesses and the
production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
(h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
6-13-11; 97-813, eff. 7-13-12.)

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(105 ILCS 5/27A-4)
Sec. 27A-4. General Provisions.
(a) The General Assembly does not intend to alter or amend
the provisions of any court-ordered desegregation plan in
effect for any school district. A charter school shall be
subject to all federal and State laws and constitutional
provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin,
religion, ancestry, marital status, or need for special
education services.
(b) The total number of charter schools operating under
this Article at any one time shall not exceed 120. Not more
than 70 charter schools shall operate at any one time in any
city having a population exceeding 500,000, with at least 5
charter schools devoted exclusively to students from
low-performing or overcrowded schools operating at any one time
in that city; and not more than 45 charter schools shall
operate at any one time in the remainder of the State, with not
more than one charter school that has been initiated by a board
of education, or by an intergovernmental agreement between or
among boards of education, operating at any one time in the
school district where the charter school is located. In
addition to these charter schools, up to but no more than 5
charter schools devoted exclusively to re-enrolled high school
dropouts and/or students 16 or 15 years old at risk of dropping

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out may operate at any one time in any city having a population
exceeding 500,000. Notwithstanding any provision to the
contrary in subsection (b) of Section 27A-5 of this Code, each
such dropout charter may operate up to 15 campuses within the
city. Any of these dropout charters may have a maximum of 1,875
enrollment seats, any one of the campuses of the dropout
charter may have a maximum of 165 enrollment seats, and each
campus of the dropout charter must be operated, through a
contract or payroll, by the same legal entity as that for which
the charter is approved and certified.
For purposes of implementing this Section, the State Board
shall assign a number to each charter submission it receives
under Section 27A-6 for its review and certification, based on
the chronological order in which the submission is received by
it. The State Board shall promptly notify local school boards
when the maximum numbers of certified charter schools
authorized to operate have been reached.
(c) No charter shall be granted under this Article that
would convert any existing private, parochial, or non-public
school to a charter school.
(d) Enrollment in a charter school shall be open to any
pupil who resides within the geographic boundaries of the area
served by the local school board, provided that the board of
education in a city having a population exceeding 500,000 may
designate attendance boundaries for no more than one-third of
the charter schools permitted in the city if the board of

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education determines that attendance boundaries are needed to
relieve overcrowding or to better serve low-income and at-risk
students. Students residing within an attendance boundary may
be given priority for enrollment, but must not be required to
attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local
school boards from jointly issuing a charter to a single shared
charter school, provided that all of the provisions of this
Article are met as to those local school boards.
(f) No local school board shall require any employee of the
school district to be employed in a charter school.
(g) No local school board shall require any pupil residing
within the geographic boundary of its district to enroll in a
charter school.
(h) If there are more eligible applicants for enrollment in
a charter school than there are spaces available, successful
applicants shall be selected by lottery. However, priority
shall be given to siblings of pupils enrolled in the charter
school and to pupils who were enrolled in the charter school
the previous school year, unless expelled for cause, and
priority may be given to pupils residing within the charter
school's attendance boundary, if a boundary has been designated
by the board of education in a city having a population
exceeding 500,000. Dual enrollment at both a charter school and
a public school or non-public school shall not be allowed. A
pupil who is suspended or expelled from a charter school shall

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be deemed to be suspended or expelled from the public schools
of the school district in which the pupil resides.
Notwithstanding anything to the contrary in this subsection
(h):
(1) any charter school with a mission exclusive to
educating high school dropouts may grant priority
admission to students who are high school dropouts and/or
students 16 or 15 years old at risk of dropping out and any
charter school with a mission exclusive to educating
students from low-performing or overcrowded schools may
restrict admission to students who are from low-performing
or overcrowded schools; "priority admission" for charter
schools exclusively devoted to re-enrolled dropouts or
students at risk of dropping out means a minimum of 90% of
students enrolled shall be high school dropouts; and
(2) any charter school located in a school district
that contains all or part of a federal military base may
set aside up to 33% of its current charter enrollment to
students with parents assigned to the federal military
base, with the remaining 67% subject to the general
enrollment and lottery requirements of subsection (d) of
this Section and this subsection (h); if a student with a
parent assigned to the federal military base withdraws from
the charter school during the course of a school year for
reasons other than grade promotion, those students with
parents assigned to the federal military base shall have

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preference in filling the vacancy.
(i) (Blank).
(j) Notwithstanding any other provision of law to the
contrary, a school district in a city having a population
exceeding 500,000 shall not have a duty to collectively bargain
with an exclusive representative of its employees over
decisions to grant or deny a charter school proposal under
Section 27A-8 of this Code, decisions to renew or revoke a
charter under Section 27A-9 of this Code, and the impact of
these decisions, provided that nothing in this Section shall
have the effect of negating, abrogating, replacing, reducing,
diminishing, or limiting in any way employee rights,
guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section:
"Low-performing school" means a public school in a school
district organized under Article 34 of this Code that enrolls
students in any of grades kindergarten through 8 and that is
ranked within the lowest 10% of schools in that district in
terms of the percentage of students meeting or exceeding
standards on the assessments required under Section 2-3.64a-5
of this Code Illinois Standards Achievement Test.
"Overcrowded school" means a public school in a school
district organized under Article 34 of this Code that (i)
enrolls students in any of grades kindergarten through 8, (ii)
has a percentage of low-income students of 70% or more, as

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identified in the most recently available School Report Card
published by the State Board of Education, and (iii) is
determined by the Chicago Board of Education to be in the most
severely overcrowded 5% of schools in the district. On or
before November 1 of each year, the Chicago Board of Education
shall file a report with the State Board of Education on which
schools in the district meet the definition of "overcrowded
school". "Students at risk of dropping out" means students 16
or 15 years old in a public school in a district organized
under Article 34 of this Code that enrolls students in any
grades 9-12 who have been absent at least 90 school attendance
days of the previous 180 school attendance days.
(Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11;
97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
(105 ILCS 5/27A-6)
Sec. 27A-6. Contract contents; applicability of laws and
regulations.
(a) A certified charter shall constitute a binding contract
and agreement between the charter school and a local school
board under the terms of which the local school board
authorizes the governing body of the charter school to operate
the charter school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article,
the certified charter may not waive or release the charter
school from the State goals, standards, and assessments

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established pursuant to Section 2-3.64a-5 of this Code 2-3.64.
Beginning with the 2003-2004 school year, the certified charter
for a charter school operating in a city having a population
exceeding 500,000 shall require the charter school to
administer any other nationally recognized standardized tests
to its students that the chartering entity administers to other
students, and the results on such tests shall be included in
the chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material
revision to a previously certified contract or a renewal shall
be made with the approval of both the local school board and
the governing body of the charter school.
(c-5) The proposed contract shall include a provision on
how both parties will address minor violations of the contract.
(d) The proposed contract between the governing body of a
proposed charter school and the local school board as described
in Section 27A-7 must be submitted to and certified by the
State Board before it can take effect. If the State Board
recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the
modifications must be consented to by both the governing body
of the charter school and the local school board, and
resubmitted to the State Board for its certification. If the
proposed contract is resubmitted in a form that is not
consistent with this Article, the State Board may refuse to
certify the charter.

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The State Board shall assign a number to each submission or
resubmission in chronological order of receipt, and shall
determine whether the proposed contract is consistent with the
provisions of this Article. If the proposed contract complies,
the State Board shall so certify.
(e) No material revision to a previously certified contract
or a renewal shall be effective unless and until the State
Board certifies that the revision or renewal is consistent with
the provisions of this Article.
(Source: P.A. 93-3, eff. 4-16-03.)
(105 ILCS 5/34-8.14)
Sec. 34-8.14. Non-waivable provisions. Notwithstanding
anything in this the School Code to the contrary, statutes,
regulations, rules, and policy provisions concerning the
following shall not be waivable:
(1) student Student civil rights;
(2) staff Staff civil rights;
(3) health Health and safety;
(4) performance Performance and financial audits;
(5) Local School Council provisions, including
required statements of economic disclosure;
(6) the The Open Meetings Act;
(7) the The Freedom of Information Act;
(8) the assessments required under Section 2-3.64a-5
of this Code The Illinois goals assessment program;

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(9) Chicago learning outcomes;
(10) Sections 2-3.25a through 2-3.25j of this the
School Code; and
(11) collective Collective bargaining agreements.
(Source: P.A. 89-3, eff. 2-27-95.)
(105 ILCS 5/2-3.64 rep.)
(105 ILCS 5/2-3.64a rep.)
Section 10. The School Code is amended by repealing
Sections 2-3.64 and 2-3.64a.
Section 99. Effective date. This Act takes effect July 1,
2014.".