Illinois 2023-2024 Regular Session

Illinois House Bill HB1211 Latest Draft

Bill / Introduced Version Filed 01/17/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1211 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:  105 ILCS 5/18-8.15  Amends the evidence-based funding provisions of the School Code. Provides that funds received by the Chicago school district for low-income, English learner, and special education resources must be distributed to every school of the district in the appropriate amount specified under the Essential Elements component of the funding formula. Effective July 1, 2023.  LRB103 05779 RJT 50799 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1211 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:  105 ILCS 5/18-8.15 105 ILCS 5/18-8.15  Amends the evidence-based funding provisions of the School Code. Provides that funds received by the Chicago school district for low-income, English learner, and special education resources must be distributed to every school of the district in the appropriate amount specified under the Essential Elements component of the funding formula. Effective July 1, 2023.  LRB103 05779 RJT 50799 b     LRB103 05779 RJT 50799 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1211 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
105 ILCS 5/18-8.15 105 ILCS 5/18-8.15
105 ILCS 5/18-8.15
Amends the evidence-based funding provisions of the School Code. Provides that funds received by the Chicago school district for low-income, English learner, and special education resources must be distributed to every school of the district in the appropriate amount specified under the Essential Elements component of the funding formula. Effective July 1, 2023.
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    LRB103 05779 RJT 50799 b
A BILL FOR
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1  AN ACT concerning education.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The School Code is amended by changing Section
5  18-8.15 as follows:
6  (105 ILCS 5/18-8.15)
7  Sec. 18-8.15. Evidence-Based Funding for student success
8  for the 2017-2018 and subsequent school years.
9  (a) General provisions.
10  (1) The purpose of this Section is to ensure that, by
11  June 30, 2027 and beyond, this State has a kindergarten
12  through grade 12 public education system with the capacity
13  to ensure the educational development of all persons to
14  the limits of their capacities in accordance with Section
15  1 of Article X of the Constitution of the State of
16  Illinois. To accomplish that objective, this Section
17  creates a method of funding public education that is
18  evidence-based; is sufficient to ensure every student
19  receives a meaningful opportunity to learn irrespective of
20  race, ethnicity, sexual orientation, gender, or
21  community-income level; and is sustainable and
22  predictable. When fully funded under this Section, every
23  school shall have the resources, based on what the

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1211 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
105 ILCS 5/18-8.15 105 ILCS 5/18-8.15
105 ILCS 5/18-8.15
Amends the evidence-based funding provisions of the School Code. Provides that funds received by the Chicago school district for low-income, English learner, and special education resources must be distributed to every school of the district in the appropriate amount specified under the Essential Elements component of the funding formula. Effective July 1, 2023.
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A BILL FOR

 

 

105 ILCS 5/18-8.15



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1  evidence indicates is needed, to:
2  (A) provide all students with a high quality
3  education that offers the academic, enrichment, social
4  and emotional support, technical, and career-focused
5  programs that will allow them to become competitive
6  workers, responsible parents, productive citizens of
7  this State, and active members of our national
8  democracy;
9  (B) ensure all students receive the education they
10  need to graduate from high school with the skills
11  required to pursue post-secondary education and
12  training for a rewarding career;
13  (C) reduce, with a goal of eliminating, the
14  achievement gap between at-risk and non-at-risk
15  students by raising the performance of at-risk
16  students and not by reducing standards; and
17  (D) ensure this State satisfies its obligation to
18  assume the primary responsibility to fund public
19  education and simultaneously relieve the
20  disproportionate burden placed on local property taxes
21  to fund schools.
22  (2) The Evidence-Based Funding formula under this
23  Section shall be applied to all Organizational Units in
24  this State. The Evidence-Based Funding formula outlined in
25  this Act is based on the formula outlined in Senate Bill 1
26  of the 100th General Assembly, as passed by both

 

 

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1  legislative chambers. As further defined and described in
2  this Section, there are 4 major components of the
3  Evidence-Based Funding model:
4  (A) First, the model calculates a unique Adequacy
5  Target for each Organizational Unit in this State that
6  considers the costs to implement research-based
7  activities, the unit's student demographics, and
8  regional wage differences.
9  (B) Second, the model calculates each
10  Organizational Unit's Local Capacity, or the amount
11  each Organizational Unit is assumed to contribute
12  toward its Adequacy Target from local resources.
13  (C) Third, the model calculates how much funding
14  the State currently contributes to the Organizational
15  Unit and adds that to the unit's Local Capacity to
16  determine the unit's overall current adequacy of
17  funding.
18  (D) Finally, the model's distribution method
19  allocates new State funding to those Organizational
20  Units that are least well-funded, considering both
21  Local Capacity and State funding, in relation to their
22  Adequacy Target.
23  (3) An Organizational Unit receiving any funding under
24  this Section may apply those funds to any fund so received
25  for which that Organizational Unit is authorized to make
26  expenditures by law.

 

 

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1  (4) As used in this Section, the following terms shall
2  have the meanings ascribed in this paragraph (4):
3  "Adequacy Target" is defined in paragraph (1) of
4  subsection (b) of this Section.
5  "Adjusted EAV" is defined in paragraph (4) of
6  subsection (d) of this Section.
7  "Adjusted Local Capacity Target" is defined in
8  paragraph (3) of subsection (c) of this Section.
9  "Adjusted Operating Tax Rate" means a tax rate for all
10  Organizational Units, for which the State Superintendent
11  shall calculate and subtract for the Operating Tax Rate a
12  transportation rate based on total expenses for
13  transportation services under this Code, as reported on
14  the most recent Annual Financial Report in Pupil
15  Transportation Services, function 2550 in both the
16  Education and Transportation funds and functions 4110 and
17  4120 in the Transportation fund, less any corresponding
18  fiscal year State of Illinois scheduled payments excluding
19  net adjustments for prior years for regular, vocational,
20  or special education transportation reimbursement pursuant
21  to Section 29-5 or subsection (b) of Section 14-13.01 of
22  this Code divided by the Adjusted EAV. If an
23  Organizational Unit's corresponding fiscal year State of
24  Illinois scheduled payments excluding net adjustments for
25  prior years for regular, vocational, or special education
26  transportation reimbursement pursuant to Section 29-5 or

 

 

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1  subsection (b) of Section 14-13.01 of this Code exceed the
2  total transportation expenses, as defined in this
3  paragraph, no transportation rate shall be subtracted from
4  the Operating Tax Rate.
5  "Allocation Rate" is defined in paragraph (3) of
6  subsection (g) of this Section.
7  "Alternative School" means a public school that is
8  created and operated by a regional superintendent of
9  schools and approved by the State Board.
10  "Applicable Tax Rate" is defined in paragraph (1) of
11  subsection (d) of this Section.
12  "Assessment" means any of those benchmark, progress
13  monitoring, formative, diagnostic, and other assessments,
14  in addition to the State accountability assessment, that
15  assist teachers' needs in understanding the skills and
16  meeting the needs of the students they serve.
17  "Assistant principal" means a school administrator
18  duly endorsed to be employed as an assistant principal in
19  this State.
20  "At-risk student" means a student who is at risk of
21  not meeting the Illinois Learning Standards or not
22  graduating from elementary or high school and who
23  demonstrates a need for vocational support or social
24  services beyond that provided by the regular school
25  program. All students included in an Organizational Unit's
26  Low-Income Count, as well as all English learner and

 

 

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1  disabled students attending the Organizational Unit, shall
2  be considered at-risk students under this Section.
3  "Average Student Enrollment" or "ASE" for fiscal year
4  2018 means, for an Organizational Unit, the greater of the
5  average number of students (grades K through 12) reported
6  to the State Board as enrolled in the Organizational Unit
7  on October 1 in the immediately preceding school year,
8  plus the pre-kindergarten students who receive special
9  education services of 2 or more hours a day as reported to
10  the State Board on December 1 in the immediately preceding
11  school year, or the average number of students (grades K
12  through 12) reported to the State Board as enrolled in the
13  Organizational Unit on October 1, plus the
14  pre-kindergarten students who receive special education
15  services of 2 or more hours a day as reported to the State
16  Board on December 1, for each of the immediately preceding
17  3 school years. For fiscal year 2019 and each subsequent
18  fiscal year, "Average Student Enrollment" or "ASE" means,
19  for an Organizational Unit, the greater of the average
20  number of students (grades K through 12) reported to the
21  State Board as enrolled in the Organizational Unit on
22  October 1 and March 1 in the immediately preceding school
23  year, plus the pre-kindergarten students who receive
24  special education services as reported to the State Board
25  on October 1 and March 1 in the immediately preceding
26  school year, or the average number of students (grades K

 

 

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1  through 12) reported to the State Board as enrolled in the
2  Organizational Unit on October 1 and March 1, plus the
3  pre-kindergarten students who receive special education
4  services as reported to the State Board on October 1 and
5  March 1, for each of the immediately preceding 3 school
6  years. For the purposes of this definition, "enrolled in
7  the Organizational Unit" means the number of students
8  reported to the State Board who are enrolled in schools
9  within the Organizational Unit that the student attends or
10  would attend if not placed or transferred to another
11  school or program to receive needed services. For the
12  purposes of calculating "ASE", all students, grades K
13  through 12, excluding those attending kindergarten for a
14  half day and students attending an alternative education
15  program operated by a regional office of education or
16  intermediate service center, shall be counted as 1.0. All
17  students attending kindergarten for a half day shall be
18  counted as 0.5, unless in 2017 by June 15 or by March 1 in
19  subsequent years, the school district reports to the State
20  Board of Education the intent to implement full-day
21  kindergarten district-wide for all students, then all
22  students attending kindergarten shall be counted as 1.0.
23  Special education pre-kindergarten students shall be
24  counted as 0.5 each. If the State Board does not collect or
25  has not collected both an October 1 and March 1 enrollment
26  count by grade or a December 1 collection of special

 

 

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1  education pre-kindergarten students as of August 31, 2017
2  (the effective date of Public Act 100-465), it shall
3  establish such collection for all future years. For any
4  year in which a count by grade level was collected only
5  once, that count shall be used as the single count
6  available for computing a 3-year average ASE. Funding for
7  programs operated by a regional office of education or an
8  intermediate service center must be calculated using the
9  Evidence-Based Funding formula under this Section for the
10  2019-2020 school year and each subsequent school year
11  until separate adequacy formulas are developed and adopted
12  for each type of program. ASE for a program operated by a
13  regional office of education or an intermediate service
14  center must be determined by the March 1 enrollment for
15  the program. For the 2019-2020 school year, the ASE used
16  in the calculation must be the first-year ASE and, in that
17  year only, the assignment of students served by a regional
18  office of education or intermediate service center shall
19  not result in a reduction of the March enrollment for any
20  school district. For the 2020-2021 school year, the ASE
21  must be the greater of the current-year ASE or the 2-year
22  average ASE. Beginning with the 2021-2022 school year, the
23  ASE must be the greater of the current-year ASE or the
24  3-year average ASE. School districts shall submit the data
25  for the ASE calculation to the State Board within 45 days
26  of the dates required in this Section for submission of

 

 

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1  enrollment data in order for it to be included in the ASE
2  calculation. For fiscal year 2018 only, the ASE
3  calculation shall include only enrollment taken on October
4  1. In recognition of the impact of COVID-19, the
5  definition of "Average Student Enrollment" or "ASE" shall
6  be adjusted for calculations under this Section for fiscal
7  years 2022 through 2024. For fiscal years 2022 through
8  2024, the enrollment used in the calculation of ASE
9  representing the 2020-2021 school year shall be the
10  greater of the enrollment for the 2020-2021 school year or
11  the 2019-2020 school year.
12  "Base Funding Guarantee" is defined in paragraph (10)
13  of subsection (g) of this Section.
14  "Base Funding Minimum" is defined in subsection (e) of
15  this Section.
16  "Base Tax Year" means the property tax levy year used
17  to calculate the Budget Year allocation of primary State
18  aid.
19  "Base Tax Year's Extension" means the product of the
20  equalized assessed valuation utilized by the county clerk
21  in the Base Tax Year multiplied by the limiting rate as
22  calculated by the county clerk and defined in PTELL.
23  "Bilingual Education Allocation" means the amount of
24  an Organizational Unit's final Adequacy Target
25  attributable to bilingual education divided by the
26  Organizational Unit's final Adequacy Target, the product

 

 

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1  of which shall be multiplied by the amount of new funding
2  received pursuant to this Section. An Organizational
3  Unit's final Adequacy Target attributable to bilingual
4  education shall include all additional investments in
5  English learner students' adequacy elements.
6  "Budget Year" means the school year for which primary
7  State aid is calculated and awarded under this Section.
8  "Central office" means individual administrators and
9  support service personnel charged with managing the
10  instructional programs, business and operations, and
11  security of the Organizational Unit.
12  "Comparable Wage Index" or "CWI" means a regional cost
13  differentiation metric that measures systemic, regional
14  variations in the salaries of college graduates who are
15  not educators. The CWI utilized for this Section shall,
16  for the first 3 years of Evidence-Based Funding
17  implementation, be the CWI initially developed by the
18  National Center for Education Statistics, as most recently
19  updated by Texas A & M University. In the fourth and
20  subsequent years of Evidence-Based Funding implementation,
21  the State Superintendent shall re-determine the CWI using
22  a similar methodology to that identified in the Texas A & M
23  University study, with adjustments made no less frequently
24  than once every 5 years.
25  "Computer technology and equipment" means computers
26  servers, notebooks, network equipment, copiers, printers,

 

 

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1  instructional software, security software, curriculum
2  management courseware, and other similar materials and
3  equipment.
4  "Computer technology and equipment investment
5  allocation" means the final Adequacy Target amount of an
6  Organizational Unit assigned to Tier 1 or Tier 2 in the
7  prior school year attributable to the additional $285.50
8  per student computer technology and equipment investment
9  grant divided by the Organizational Unit's final Adequacy
10  Target, the result of which shall be multiplied by the
11  amount of new funding received pursuant to this Section.
12  An Organizational Unit assigned to a Tier 1 or Tier 2 final
13  Adequacy Target attributable to the received computer
14  technology and equipment investment grant shall include
15  all additional investments in computer technology and
16  equipment adequacy elements.
17  "Core subject" means mathematics; science; reading,
18  English, writing, and language arts; history and social
19  studies; world languages; and subjects taught as Advanced
20  Placement in high schools.
21  "Core teacher" means a regular classroom teacher in
22  elementary schools and teachers of a core subject in
23  middle and high schools.
24  "Core Intervention teacher (tutor)" means a licensed
25  teacher providing one-on-one or small group tutoring to
26  students struggling to meet proficiency in core subjects.

 

 

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1  "CPPRT" means corporate personal property replacement
2  tax funds paid to an Organizational Unit during the
3  calendar year one year before the calendar year in which a
4  school year begins, pursuant to "An Act in relation to the
5  abolition of ad valorem personal property tax and the
6  replacement of revenues lost thereby, and amending and
7  repealing certain Acts and parts of Acts in connection
8  therewith", certified August 14, 1979, as amended (Public
9  Act 81-1st S.S.-1).
10  "EAV" means equalized assessed valuation as defined in
11  paragraph (2) of subsection (d) of this Section and
12  calculated in accordance with paragraph (3) of subsection
13  (d) of this Section.
14  "ECI" means the Bureau of Labor Statistics' national
15  employment cost index for civilian workers in educational
16  services in elementary and secondary schools on a
17  cumulative basis for the 12-month calendar year preceding
18  the fiscal year of the Evidence-Based Funding calculation.
19  "EIS Data" means the employment information system
20  data maintained by the State Board on educators within
21  Organizational Units.
22  "Employee benefits" means health, dental, and vision
23  insurance offered to employees of an Organizational Unit,
24  the costs associated with the statutorily required payment
25  of the normal cost of the Organizational Unit's teacher
26  pensions, Social Security employer contributions, and

 

 

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1  Illinois Municipal Retirement Fund employer contributions.
2  "English learner" or "EL" means a child included in
3  the definition of "English learners" under Section 14C-2
4  of this Code participating in a program of transitional
5  bilingual education or a transitional program of
6  instruction meeting the requirements and program
7  application procedures of Article 14C of this Code. For
8  the purposes of collecting the number of EL students
9  enrolled, the same collection and calculation methodology
10  as defined above for "ASE" shall apply to English
11  learners, with the exception that EL student enrollment
12  shall include students in grades pre-kindergarten through
13  12.
14  "Essential Elements" means those elements, resources,
15  and educational programs that have been identified through
16  academic research as necessary to improve student success,
17  improve academic performance, close achievement gaps, and
18  provide for other per student costs related to the
19  delivery and leadership of the Organizational Unit, as
20  well as the maintenance and operations of the unit, and
21  which are specified in paragraph (2) of subsection (b) of
22  this Section.
23  "Evidence-Based Funding" means State funding provided
24  to an Organizational Unit pursuant to this Section.
25  "Extended day" means academic and enrichment programs
26  provided to students outside the regular school day before

 

 

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1  and after school or during non-instructional times during
2  the school day.
3  "Extension Limitation Ratio" means a numerical ratio
4  in which the numerator is the Base Tax Year's Extension
5  and the denominator is the Preceding Tax Year's Extension.
6  "Final Percent of Adequacy" is defined in paragraph
7  (4) of subsection (f) of this Section.
8  "Final Resources" is defined in paragraph (3) of
9  subsection (f) of this Section.
10  "Full-time equivalent" or "FTE" means the full-time
11  equivalency compensation for staffing the relevant
12  position at an Organizational Unit.
13  "Funding Gap" is defined in paragraph (1) of
14  subsection (g).
15  "Hybrid District" means a partial elementary unit
16  district created pursuant to Article 11E of this Code.
17  "Instructional assistant" means a core or special
18  education, non-licensed employee who assists a teacher in
19  the classroom and provides academic support to students.
20  "Instructional facilitator" means a qualified teacher
21  or licensed teacher leader who facilitates and coaches
22  continuous improvement in classroom instruction; provides
23  instructional support to teachers in the elements of
24  research-based instruction or demonstrates the alignment
25  of instruction with curriculum standards and assessment
26  tools; develops or coordinates instructional programs or

 

 

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1  strategies; develops and implements training; chooses
2  standards-based instructional materials; provides
3  teachers with an understanding of current research; serves
4  as a mentor, site coach, curriculum specialist, or lead
5  teacher; or otherwise works with fellow teachers, in
6  collaboration, to use data to improve instructional
7  practice or develop model lessons.
8  "Instructional materials" means relevant
9  instructional materials for student instruction,
10  including, but not limited to, textbooks, consumable
11  workbooks, laboratory equipment, library books, and other
12  similar materials.
13  "Laboratory School" means a public school that is
14  created and operated by a public university and approved
15  by the State Board.
16  "Librarian" means a teacher with an endorsement as a
17  library information specialist or another individual whose
18  primary responsibility is overseeing library resources
19  within an Organizational Unit.
20  "Limiting rate for Hybrid Districts" means the
21  combined elementary school and high school limiting rates.
22  "Local Capacity" is defined in paragraph (1) of
23  subsection (c) of this Section.
24  "Local Capacity Percentage" is defined in subparagraph
25  (A) of paragraph (2) of subsection (c) of this Section.
26  "Local Capacity Ratio" is defined in subparagraph (B)

 

 

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1  of paragraph (2) of subsection (c) of this Section.
2  "Local Capacity Target" is defined in paragraph (2) of
3  subsection (c) of this Section.
4  "Low-Income Count" means, for an Organizational Unit
5  in a fiscal year, the higher of the average number of
6  students for the prior school year or the immediately
7  preceding 3 school years who, as of July 1 of the
8  immediately preceding fiscal year (as determined by the
9  Department of Human Services), are eligible for at least
10  one of the following low-income programs: Medicaid, the
11  Children's Health Insurance Program, Temporary Assistance
12  for Needy Families (TANF), or the Supplemental Nutrition
13  Assistance Program, excluding pupils who are eligible for
14  services provided by the Department of Children and Family
15  Services. Until such time that grade level low-income
16  populations become available, grade level low-income
17  populations shall be determined by applying the low-income
18  percentage to total student enrollments by grade level.
19  The low-income percentage is determined by dividing the
20  Low-Income Count by the Average Student Enrollment. The
21  low-income percentage for programs operated by a regional
22  office of education or an intermediate service center must
23  be set to the weighted average of the low-income
24  percentages of all of the school districts in the service
25  region. The weighted low-income percentage is the result
26  of multiplying the low-income percentage of each school

 

 

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1  district served by the regional office of education or
2  intermediate service center by each school district's
3  Average Student Enrollment, summarizing those products and
4  dividing the total by the total Average Student Enrollment
5  for the service region.
6  "Maintenance and operations" means custodial services,
7  facility and ground maintenance, facility operations,
8  facility security, routine facility repairs, and other
9  similar services and functions.
10  "Minimum Funding Level" is defined in paragraph (9) of
11  subsection (g) of this Section.
12  "New Property Tax Relief Pool Funds" means, for any
13  given fiscal year, all State funds appropriated under
14  Section 2-3.170 of this Code.
15  "New State Funds" means, for a given school year, all
16  State funds appropriated for Evidence-Based Funding in
17  excess of the amount needed to fund the Base Funding
18  Minimum for all Organizational Units in that school year.
19  "Nurse" means an individual licensed as a certified
20  school nurse, in accordance with the rules established for
21  nursing services by the State Board, who is an employee of
22  and is available to provide health care-related services
23  for students of an Organizational Unit.
24  "Operating Tax Rate" means the rate utilized in the
25  previous year to extend property taxes for all purposes,
26  except Bond and Interest, Summer School, Rent, Capital

 

 

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1  Improvement, and Vocational Education Building purposes.
2  For Hybrid Districts, the Operating Tax Rate shall be the
3  combined elementary and high school rates utilized in the
4  previous year to extend property taxes for all purposes,
5  except Bond and Interest, Summer School, Rent, Capital
6  Improvement, and Vocational Education Building purposes.
7  "Organizational Unit" means a Laboratory School or any
8  public school district that is recognized as such by the
9  State Board and that contains elementary schools typically
10  serving kindergarten through 5th grades, middle schools
11  typically serving 6th through 8th grades, high schools
12  typically serving 9th through 12th grades, a program
13  established under Section 2-3.66 or 2-3.41, or a program
14  operated by a regional office of education or an
15  intermediate service center under Article 13A or 13B. The
16  General Assembly acknowledges that the actual grade levels
17  served by a particular Organizational Unit may vary
18  slightly from what is typical.
19  "Organizational Unit CWI" is determined by calculating
20  the CWI in the region and original county in which an
21  Organizational Unit's primary administrative office is
22  located as set forth in this paragraph, provided that if
23  the Organizational Unit CWI as calculated in accordance
24  with this paragraph is less than 0.9, the Organizational
25  Unit CWI shall be increased to 0.9. Each county's current
26  CWI value shall be adjusted based on the CWI value of that

 

 

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1  county's neighboring Illinois counties, to create a
2  "weighted adjusted index value". This shall be calculated
3  by summing the CWI values of all of a county's adjacent
4  Illinois counties and dividing by the number of adjacent
5  Illinois counties, then taking the weighted value of the
6  original county's CWI value and the adjacent Illinois
7  county average. To calculate this weighted value, if the
8  number of adjacent Illinois counties is greater than 2,
9  the original county's CWI value will be weighted at 0.25
10  and the adjacent Illinois county average will be weighted
11  at 0.75. If the number of adjacent Illinois counties is 2,
12  the original county's CWI value will be weighted at 0.33
13  and the adjacent Illinois county average will be weighted
14  at 0.66. The greater of the county's current CWI value and
15  its weighted adjusted index value shall be used as the
16  Organizational Unit CWI.
17  "Preceding Tax Year" means the property tax levy year
18  immediately preceding the Base Tax Year.
19  "Preceding Tax Year's Extension" means the product of
20  the equalized assessed valuation utilized by the county
21  clerk in the Preceding Tax Year multiplied by the
22  Operating Tax Rate.
23  "Preliminary Percent of Adequacy" is defined in
24  paragraph (2) of subsection (f) of this Section.
25  "Preliminary Resources" is defined in paragraph (2) of
26  subsection (f) of this Section.

 

 

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1  "Principal" means a school administrator duly endorsed
2  to be employed as a principal in this State.
3  "Professional development" means training programs for
4  licensed staff in schools, including, but not limited to,
5  programs that assist in implementing new curriculum
6  programs, provide data focused or academic assessment data
7  training to help staff identify a student's weaknesses and
8  strengths, target interventions, improve instruction,
9  encompass instructional strategies for English learner,
10  gifted, or at-risk students, address inclusivity, cultural
11  sensitivity, or implicit bias, or otherwise provide
12  professional support for licensed staff.
13  "Prototypical" means 450 special education
14  pre-kindergarten and kindergarten through grade 5 students
15  for an elementary school, 450 grade 6 through 8 students
16  for a middle school, and 600 grade 9 through 12 students
17  for a high school.
18  "PTELL" means the Property Tax Extension Limitation
19  Law.
20  "PTELL EAV" is defined in paragraph (4) of subsection
21  (d) of this Section.
22  "Pupil support staff" means a nurse, psychologist,
23  social worker, family liaison personnel, or other staff
24  member who provides support to at-risk or struggling
25  students.
26  "Real Receipts" is defined in paragraph (1) of

 

 

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1  subsection (d) of this Section.
2  "Regionalization Factor" means, for a particular
3  Organizational Unit, the figure derived by dividing the
4  Organizational Unit CWI by the Statewide Weighted CWI.
5  "School counselor" means a licensed school counselor
6  who provides guidance and counseling support for students
7  within an Organizational Unit.
8  "School site staff" means the primary school secretary
9  and any additional clerical personnel assigned to a
10  school.
11  "Special education" means special educational
12  facilities and services, as defined in Section 14-1.08 of
13  this Code.
14  "Special Education Allocation" means the amount of an
15  Organizational Unit's final Adequacy Target attributable
16  to special education divided by the Organizational Unit's
17  final Adequacy Target, the product of which shall be
18  multiplied by the amount of new funding received pursuant
19  to this Section. An Organizational Unit's final Adequacy
20  Target attributable to special education shall include all
21  special education investment adequacy elements.
22  "Specialist teacher" means a teacher who provides
23  instruction in subject areas not included in core
24  subjects, including, but not limited to, art, music,
25  physical education, health, driver education,
26  career-technical education, and such other subject areas

 

 

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1  as may be mandated by State law or provided by an
2  Organizational Unit.
3  "Specially Funded Unit" means an Alternative School,
4  safe school, Department of Juvenile Justice school,
5  special education cooperative or entity recognized by the
6  State Board as a special education cooperative,
7  State-approved charter school, or alternative learning
8  opportunities program that received direct funding from
9  the State Board during the 2016-2017 school year through
10  any of the funding sources included within the calculation
11  of the Base Funding Minimum or Glenwood Academy.
12  "Supplemental Grant Funding" means supplemental
13  general State aid funding received by an Organizational
14  Unit during the 2016-2017 school year pursuant to
15  subsection (H) of Section 18-8.05 of this Code (now
16  repealed).
17  "State Adequacy Level" is the sum of the Adequacy
18  Targets of all Organizational Units.
19  "State Board" means the State Board of Education.
20  "State Superintendent" means the State Superintendent
21  of Education.
22  "Statewide Weighted CWI" means a figure determined by
23  multiplying each Organizational Unit CWI times the ASE for
24  that Organizational Unit creating a weighted value,
25  summing all Organizational Units' weighted values, and
26  dividing by the total ASE of all Organizational Units,

 

 

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1  thereby creating an average weighted index.
2  "Student activities" means non-credit producing
3  after-school programs, including, but not limited to,
4  clubs, bands, sports, and other activities authorized by
5  the school board of the Organizational Unit.
6  "Substitute teacher" means an individual teacher or
7  teaching assistant who is employed by an Organizational
8  Unit and is temporarily serving the Organizational Unit on
9  a per diem or per period-assignment basis to replace
10  another staff member.
11  "Summer school" means academic and enrichment programs
12  provided to students during the summer months outside of
13  the regular school year.
14  "Supervisory aide" means a non-licensed staff member
15  who helps in supervising students of an Organizational
16  Unit, but does so outside of the classroom, in situations
17  such as, but not limited to, monitoring hallways and
18  playgrounds, supervising lunchrooms, or supervising
19  students when being transported in buses serving the
20  Organizational Unit.
21  "Target Ratio" is defined in paragraph (4) of
22  subsection (g).
23  "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
24  in paragraph (3) of subsection (g).
25  "Tier 1 Aggregate Funding", "Tier 2 Aggregate
26  Funding", "Tier 3 Aggregate Funding", and "Tier 4

 

 

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1  Aggregate Funding" are defined in paragraph (1) of
2  subsection (g).
3  (b) Adequacy Target calculation.
4  (1) Each Organizational Unit's Adequacy Target is the
5  sum of the Organizational Unit's cost of providing
6  Essential Elements, as calculated in accordance with this
7  subsection (b), with the salary amounts in the Essential
8  Elements multiplied by a Regionalization Factor calculated
9  pursuant to paragraph (3) of this subsection (b).
10  (2) The Essential Elements are attributable on a pro
11  rata basis related to defined subgroups of the ASE of each
12  Organizational Unit as specified in this paragraph (2),
13  with investments and FTE positions pro rata funded based
14  on ASE counts in excess of or less than the thresholds set
15  forth in this paragraph (2). The method for calculating
16  attributable pro rata costs and the defined subgroups
17  thereto are as follows:
18  (A) Core class size investments. Each
19  Organizational Unit shall receive the funding required
20  to support that number of FTE core teacher positions
21  as is needed to keep the respective class sizes of the
22  Organizational Unit to the following maximum numbers:
23  (i) For grades kindergarten through 3, the
24  Organizational Unit shall receive funding required
25  to support one FTE core teacher position for every
26  15 Low-Income Count students in those grades and

 

 

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1  one FTE core teacher position for every 20
2  non-Low-Income Count students in those grades.
3  (ii) For grades 4 through 12, the
4  Organizational Unit shall receive funding required
5  to support one FTE core teacher position for every
6  20 Low-Income Count students in those grades and
7  one FTE core teacher position for every 25
8  non-Low-Income Count students in those grades.
9  The number of non-Low-Income Count students in a
10  grade shall be determined by subtracting the
11  Low-Income students in that grade from the ASE of the
12  Organizational Unit for that grade.
13  (B) Specialist teacher investments. Each
14  Organizational Unit shall receive the funding needed
15  to cover that number of FTE specialist teacher
16  positions that correspond to the following
17  percentages:
18  (i) if the Organizational Unit operates an
19  elementary or middle school, then 20.00% of the
20  number of the Organizational Unit's core teachers,
21  as determined under subparagraph (A) of this
22  paragraph (2); and
23  (ii) if such Organizational Unit operates a
24  high school, then 33.33% of the number of the
25  Organizational Unit's core teachers.
26  (C) Instructional facilitator investments. Each

 

 

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1  Organizational Unit shall receive the funding needed
2  to cover one FTE instructional facilitator position
3  for every 200 combined ASE of pre-kindergarten
4  children with disabilities and all kindergarten
5  through grade 12 students of the Organizational Unit.
6  (D) Core intervention teacher (tutor) investments.
7  Each Organizational Unit shall receive the funding
8  needed to cover one FTE teacher position for each
9  prototypical elementary, middle, and high school.
10  (E) Substitute teacher investments. Each
11  Organizational Unit shall receive the funding needed
12  to cover substitute teacher costs that is equal to
13  5.70% of the minimum pupil attendance days required
14  under Section 10-19 of this Code for all full-time
15  equivalent core, specialist, and intervention
16  teachers, school nurses, special education teachers
17  and instructional assistants, instructional
18  facilitators, and summer school and extended day
19  teacher positions, as determined under this paragraph
20  (2), at a salary rate of 33.33% of the average salary
21  for grade K through 12 teachers and 33.33% of the
22  average salary of each instructional assistant
23  position.
24  (F) Core school counselor investments. Each
25  Organizational Unit shall receive the funding needed
26  to cover one FTE school counselor for each 450

 

 

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1  combined ASE of pre-kindergarten children with
2  disabilities and all kindergarten through grade 5
3  students, plus one FTE school counselor for each 250
4  grades 6 through 8 ASE middle school students, plus
5  one FTE school counselor for each 250 grades 9 through
6  12 ASE high school students.
7  (G) Nurse investments. Each Organizational Unit
8  shall receive the funding needed to cover one FTE
9  nurse for each 750 combined ASE of pre-kindergarten
10  children with disabilities and all kindergarten
11  through grade 12 students across all grade levels it
12  serves.
13  (H) Supervisory aide investments. Each
14  Organizational Unit shall receive the funding needed
15  to cover one FTE for each 225 combined ASE of
16  pre-kindergarten children with disabilities and all
17  kindergarten through grade 5 students, plus one FTE
18  for each 225 ASE middle school students, plus one FTE
19  for each 200 ASE high school students.
20  (I) Librarian investments. Each Organizational
21  Unit shall receive the funding needed to cover one FTE
22  librarian for each prototypical elementary school,
23  middle school, and high school and one FTE aide or
24  media technician for every 300 combined ASE of
25  pre-kindergarten children with disabilities and all
26  kindergarten through grade 12 students.

 

 

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1  (J) Principal investments. Each Organizational
2  Unit shall receive the funding needed to cover one FTE
3  principal position for each prototypical elementary
4  school, plus one FTE principal position for each
5  prototypical middle school, plus one FTE principal
6  position for each prototypical high school.
7  (K) Assistant principal investments. Each
8  Organizational Unit shall receive the funding needed
9  to cover one FTE assistant principal position for each
10  prototypical elementary school, plus one FTE assistant
11  principal position for each prototypical middle
12  school, plus one FTE assistant principal position for
13  each prototypical high school.
14  (L) School site staff investments. Each
15  Organizational Unit shall receive the funding needed
16  for one FTE position for each 225 ASE of
17  pre-kindergarten children with disabilities and all
18  kindergarten through grade 5 students, plus one FTE
19  position for each 225 ASE middle school students, plus
20  one FTE position for each 200 ASE high school
21  students.
22  (M) Gifted investments. Each Organizational Unit
23  shall receive $40 per kindergarten through grade 12
24  ASE.
25  (N) Professional development investments. Each
26  Organizational Unit shall receive $125 per student of

 

 

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1  the combined ASE of pre-kindergarten children with
2  disabilities and all kindergarten through grade 12
3  students for trainers and other professional
4  development-related expenses for supplies and
5  materials.
6  (O) Instructional material investments. Each
7  Organizational Unit shall receive $190 per student of
8  the combined ASE of pre-kindergarten children with
9  disabilities and all kindergarten through grade 12
10  students to cover instructional material costs.
11  (P) Assessment investments. Each Organizational
12  Unit shall receive $25 per student of the combined ASE
13  of pre-kindergarten children with disabilities and all
14  kindergarten through grade 12 students to cover
15  assessment costs.
16  (Q) Computer technology and equipment investments.
17  Each Organizational Unit shall receive $285.50 per
18  student of the combined ASE of pre-kindergarten
19  children with disabilities and all kindergarten
20  through grade 12 students to cover computer technology
21  and equipment costs. For the 2018-2019 school year and
22  subsequent school years, Organizational Units assigned
23  to Tier 1 and Tier 2 in the prior school year shall
24  receive an additional $285.50 per student of the
25  combined ASE of pre-kindergarten children with
26  disabilities and all kindergarten through grade 12

 

 

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1  students to cover computer technology and equipment
2  costs in the Organizational Unit's Adequacy Target.
3  The State Board may establish additional requirements
4  for Organizational Unit expenditures of funds received
5  pursuant to this subparagraph (Q), including a
6  requirement that funds received pursuant to this
7  subparagraph (Q) may be used only for serving the
8  technology needs of the district. It is the intent of
9  Public Act 100-465 that all Tier 1 and Tier 2 districts
10  receive the addition to their Adequacy Target in the
11  following year, subject to compliance with the
12  requirements of the State Board.
13  (R) Student activities investments. Each
14  Organizational Unit shall receive the following
15  funding amounts to cover student activities: $100 per
16  kindergarten through grade 5 ASE student in elementary
17  school, plus $200 per ASE student in middle school,
18  plus $675 per ASE student in high school.
19  (S) Maintenance and operations investments. Each
20  Organizational Unit shall receive $1,038 per student
21  of the combined ASE of pre-kindergarten children with
22  disabilities and all kindergarten through grade 12
23  students for day-to-day maintenance and operations
24  expenditures, including salary, supplies, and
25  materials, as well as purchased services, but
26  excluding employee benefits. The proportion of salary

 

 

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1  for the application of a Regionalization Factor and
2  the calculation of benefits is equal to $352.92.
3  (T) Central office investments. Each
4  Organizational Unit shall receive $742 per student of
5  the combined ASE of pre-kindergarten children with
6  disabilities and all kindergarten through grade 12
7  students to cover central office operations, including
8  administrators and classified personnel charged with
9  managing the instructional programs, business and
10  operations of the school district, and security
11  personnel. The proportion of salary for the
12  application of a Regionalization Factor and the
13  calculation of benefits is equal to $368.48.
14  (U) Employee benefit investments. Each
15  Organizational Unit shall receive 30% of the total of
16  all salary-calculated elements of the Adequacy Target,
17  excluding substitute teachers and student activities
18  investments, to cover benefit costs. For central
19  office and maintenance and operations investments, the
20  benefit calculation shall be based upon the salary
21  proportion of each investment. If at any time the
22  responsibility for funding the employer normal cost of
23  teacher pensions is assigned to school districts, then
24  that amount certified by the Teachers' Retirement
25  System of the State of Illinois to be paid by the
26  Organizational Unit for the preceding school year

 

 

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1  shall be added to the benefit investment. For any
2  fiscal year in which a school district organized under
3  Article 34 of this Code is responsible for paying the
4  employer normal cost of teacher pensions, then that
5  amount of its employer normal cost plus the amount for
6  retiree health insurance as certified by the Public
7  School Teachers' Pension and Retirement Fund of
8  Chicago to be paid by the school district for the
9  preceding school year that is statutorily required to
10  cover employer normal costs and the amount for retiree
11  health insurance shall be added to the 30% specified
12  in this subparagraph (U). The Teachers' Retirement
13  System of the State of Illinois and the Public School
14  Teachers' Pension and Retirement Fund of Chicago shall
15  submit such information as the State Superintendent
16  may require for the calculations set forth in this
17  subparagraph (U).
18  (V) Additional investments in low-income students.
19  In addition to and not in lieu of all other funding
20  under this paragraph (2), each Organizational Unit
21  shall receive funding based on the average teacher
22  salary for grades K through 12 to cover the costs of:
23  (i) one FTE intervention teacher (tutor)
24  position for every 125 Low-Income Count students;
25  (ii) one FTE pupil support staff position for
26  every 125 Low-Income Count students;

 

 

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1  (iii) one FTE extended day teacher position
2  for every 120 Low-Income Count students; and
3  (iv) one FTE summer school teacher position
4  for every 120 Low-Income Count students.
5  (W) Additional investments in English learner
6  students. In addition to and not in lieu of all other
7  funding under this paragraph (2), each Organizational
8  Unit shall receive funding based on the average
9  teacher salary for grades K through 12 to cover the
10  costs of:
11  (i) one FTE intervention teacher (tutor)
12  position for every 125 English learner students;
13  (ii) one FTE pupil support staff position for
14  every 125 English learner students;
15  (iii) one FTE extended day teacher position
16  for every 120 English learner students;
17  (iv) one FTE summer school teacher position
18  for every 120 English learner students; and
19  (v) one FTE core teacher position for every
20  100 English learner students.
21  (X) Special education investments. Each
22  Organizational Unit shall receive funding based on the
23  average teacher salary for grades K through 12 to
24  cover special education as follows:
25  (i) one FTE teacher position for every 141
26  combined ASE of pre-kindergarten children with

 

 

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1  disabilities and all kindergarten through grade 12
2  students;
3  (ii) one FTE instructional assistant for every
4  141 combined ASE of pre-kindergarten children with
5  disabilities and all kindergarten through grade 12
6  students; and
7  (iii) one FTE psychologist position for every
8  1,000 combined ASE of pre-kindergarten children
9  with disabilities and all kindergarten through
10  grade 12 students.
11  (3) For calculating the salaries included within the
12  Essential Elements, the State Superintendent shall
13  annually calculate average salaries to the nearest dollar
14  using the employment information system data maintained by
15  the State Board, limited to public schools only and
16  excluding special education and vocational cooperatives,
17  schools operated by the Department of Juvenile Justice,
18  and charter schools, for the following positions:
19  (A) Teacher for grades K through 8.
20  (B) Teacher for grades 9 through 12.
21  (C) Teacher for grades K through 12.
22  (D) School counselor for grades K through 8.
23  (E) School counselor for grades 9 through 12.
24  (F) School counselor for grades K through 12.
25  (G) Social worker.
26  (H) Psychologist.

 

 

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1  (I) Librarian.
2  (J) Nurse.
3  (K) Principal.
4  (L) Assistant principal.
5  For the purposes of this paragraph (3), "teacher"
6  includes core teachers, specialist and elective teachers,
7  instructional facilitators, tutors, special education
8  teachers, pupil support staff teachers, English learner
9  teachers, extended day teachers, and summer school
10  teachers. Where specific grade data is not required for
11  the Essential Elements, the average salary for
12  corresponding positions shall apply. For substitute
13  teachers, the average teacher salary for grades K through
14  12 shall apply.
15  For calculating the salaries included within the
16  Essential Elements for positions not included within EIS
17  Data, the following salaries shall be used in the first
18  year of implementation of Evidence-Based Funding:
19  (i) school site staff, $30,000; and
20  (ii) non-instructional assistant, instructional
21  assistant, library aide, library media tech, or
22  supervisory aide: $25,000.
23  In the second and subsequent years of implementation
24  of Evidence-Based Funding, the amounts in items (i) and
25  (ii) of this paragraph (3) shall annually increase by the
26  ECI.

 

 

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1  The salary amounts for the Essential Elements
2  determined pursuant to subparagraphs (A) through (L), (S)
3  and (T), and (V) through (X) of paragraph (2) of
4  subsection (b) of this Section shall be multiplied by a
5  Regionalization Factor.
6  (c) Local Capacity calculation.
7  (1) Each Organizational Unit's Local Capacity
8  represents an amount of funding it is assumed to
9  contribute toward its Adequacy Target for purposes of the
10  Evidence-Based Funding formula calculation. "Local
11  Capacity" means either (i) the Organizational Unit's Local
12  Capacity Target as calculated in accordance with paragraph
13  (2) of this subsection (c) if its Real Receipts are equal
14  to or less than its Local Capacity Target or (ii) the
15  Organizational Unit's Adjusted Local Capacity, as
16  calculated in accordance with paragraph (3) of this
17  subsection (c) if Real Receipts are more than its Local
18  Capacity Target.
19  (2) "Local Capacity Target" means, for an
20  Organizational Unit, that dollar amount that is obtained
21  by multiplying its Adequacy Target by its Local Capacity
22  Ratio.
23  (A) An Organizational Unit's Local Capacity
24  Percentage is the conversion of the Organizational
25  Unit's Local Capacity Ratio, as such ratio is
26  determined in accordance with subparagraph (B) of this

 

 

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1  paragraph (2), into a cumulative distribution
2  resulting in a percentile ranking to determine each
3  Organizational Unit's relative position to all other
4  Organizational Units in this State. The calculation of
5  Local Capacity Percentage is described in subparagraph
6  (C) of this paragraph (2).
7  (B) An Organizational Unit's Local Capacity Ratio
8  in a given year is the percentage obtained by dividing
9  its Adjusted EAV or PTELL EAV, whichever is less, by
10  its Adequacy Target, with the resulting ratio further
11  adjusted as follows:
12  (i) for Organizational Units serving grades
13  kindergarten through 12 and Hybrid Districts, no
14  further adjustments shall be made;
15  (ii) for Organizational Units serving grades
16  kindergarten through 8, the ratio shall be
17  multiplied by 9/13;
18  (iii) for Organizational Units serving grades
19  9 through 12, the Local Capacity Ratio shall be
20  multiplied by 4/13; and
21  (iv) for an Organizational Unit with a
22  different grade configuration than those specified
23  in items (i) through (iii) of this subparagraph
24  (B), the State Superintendent shall determine a
25  comparable adjustment based on the grades served.
26  (C) The Local Capacity Percentage is equal to the

 

 

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1  percentile ranking of the district. Local Capacity
2  Percentage converts each Organizational Unit's Local
3  Capacity Ratio to a cumulative distribution resulting
4  in a percentile ranking to determine each
5  Organizational Unit's relative position to all other
6  Organizational Units in this State. The Local Capacity
7  Percentage cumulative distribution resulting in a
8  percentile ranking for each Organizational Unit shall
9  be calculated using the standard normal distribution
10  of the score in relation to the weighted mean and
11  weighted standard deviation and Local Capacity Ratios
12  of all Organizational Units. If the value assigned to
13  any Organizational Unit is in excess of 90%, the value
14  shall be adjusted to 90%. For Laboratory Schools, the
15  Local Capacity Percentage shall be set at 10% in
16  recognition of the absence of EAV and resources from
17  the public university that are allocated to the
18  Laboratory School. For programs operated by a regional
19  office of education or an intermediate service center,
20  the Local Capacity Percentage must be set at 10% in
21  recognition of the absence of EAV and resources from
22  school districts that are allocated to the regional
23  office of education or intermediate service center.
24  The weighted mean for the Local Capacity Percentage
25  shall be determined by multiplying each Organizational
26  Unit's Local Capacity Ratio times the ASE for the unit

 

 

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1  creating a weighted value, summing the weighted values
2  of all Organizational Units, and dividing by the total
3  ASE of all Organizational Units. The weighted standard
4  deviation shall be determined by taking the square
5  root of the weighted variance of all Organizational
6  Units' Local Capacity Ratio, where the variance is
7  calculated by squaring the difference between each
8  unit's Local Capacity Ratio and the weighted mean,
9  then multiplying the variance for each unit times the
10  ASE for the unit to create a weighted variance for each
11  unit, then summing all units' weighted variance and
12  dividing by the total ASE of all units.
13  (D) For any Organizational Unit, the
14  Organizational Unit's Adjusted Local Capacity Target
15  shall be reduced by either (i) the school board's
16  remaining contribution pursuant to paragraph (ii) of
17  subsection (b-4) of Section 16-158 of the Illinois
18  Pension Code in a given year or (ii) the board of
19  education's remaining contribution pursuant to
20  paragraph (iv) of subsection (b) of Section 17-129 of
21  the Illinois Pension Code absent the employer normal
22  cost portion of the required contribution and amount
23  allowed pursuant to subdivision (3) of Section
24  17-142.1 of the Illinois Pension Code in a given year.
25  In the preceding sentence, item (i) shall be certified
26  to the State Board of Education by the Teachers'

 

 

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1  Retirement System of the State of Illinois and item
2  (ii) shall be certified to the State Board of
3  Education by the Public School Teachers' Pension and
4  Retirement Fund of the City of Chicago.
5  (3) If an Organizational Unit's Real Receipts are more
6  than its Local Capacity Target, then its Local Capacity
7  shall equal an Adjusted Local Capacity Target as
8  calculated in accordance with this paragraph (3). The
9  Adjusted Local Capacity Target is calculated as the sum of
10  the Organizational Unit's Local Capacity Target and its
11  Real Receipts Adjustment. The Real Receipts Adjustment
12  equals the Organizational Unit's Real Receipts less its
13  Local Capacity Target, with the resulting figure
14  multiplied by the Local Capacity Percentage.
15  As used in this paragraph (3), "Real Percent of
16  Adequacy" means the sum of an Organizational Unit's Real
17  Receipts, CPPRT, and Base Funding Minimum, with the
18  resulting figure divided by the Organizational Unit's
19  Adequacy Target.
20  (d) Calculation of Real Receipts, EAV, and Adjusted EAV
21  for purposes of the Local Capacity calculation.
22  (1) An Organizational Unit's Real Receipts are the
23  product of its Applicable Tax Rate and its Adjusted EAV.
24  An Organizational Unit's Applicable Tax Rate is its
25  Adjusted Operating Tax Rate for property within the
26  Organizational Unit.

 

 

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1  (2) The State Superintendent shall calculate the
2  equalized assessed valuation, or EAV, of all taxable
3  property of each Organizational Unit as of September 30 of
4  the previous year in accordance with paragraph (3) of this
5  subsection (d). The State Superintendent shall then
6  determine the Adjusted EAV of each Organizational Unit in
7  accordance with paragraph (4) of this subsection (d),
8  which Adjusted EAV figure shall be used for the purposes
9  of calculating Local Capacity.
10  (3) To calculate Real Receipts and EAV, the Department
11  of Revenue shall supply to the State Superintendent the
12  value as equalized or assessed by the Department of
13  Revenue of all taxable property of every Organizational
14  Unit, together with (i) the applicable tax rate used in
15  extending taxes for the funds of the Organizational Unit
16  as of September 30 of the previous year and (ii) the
17  limiting rate for all Organizational Units subject to
18  property tax extension limitations as imposed under PTELL.
19  (A) The Department of Revenue shall add to the
20  equalized assessed value of all taxable property of
21  each Organizational Unit situated entirely or
22  partially within a county that is or was subject to the
23  provisions of Section 15-176 or 15-177 of the Property
24  Tax Code (i) an amount equal to the total amount by
25  which the homestead exemption allowed under Section
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1  property situated in that Organizational Unit exceeds
2  the total amount that would have been allowed in that
3  Organizational Unit if the maximum reduction under
4  Section 15-176 was (I) $4,500 in Cook County or $3,500
5  in all other counties in tax year 2003 or (II) $5,000
6  in all counties in tax year 2004 and thereafter and
7  (ii) an amount equal to the aggregate amount for the
8  taxable year of all additional exemptions under
9  Section 15-175 of the Property Tax Code for owners
10  with a household income of $30,000 or less. The county
11  clerk of any county that is or was subject to the
12  provisions of Section 15-176 or 15-177 of the Property
13  Tax Code shall annually calculate and certify to the
14  Department of Revenue for each Organizational Unit all
15  homestead exemption amounts under Section 15-176 or
16  15-177 of the Property Tax Code and all amounts of
17  additional exemptions under Section 15-175 of the
18  Property Tax Code for owners with a household income
19  of $30,000 or less. It is the intent of this
20  subparagraph (A) that if the general homestead
21  exemption for a parcel of property is determined under
22  Section 15-176 or 15-177 of the Property Tax Code
23  rather than Section 15-175, then the calculation of
24  EAV shall not be affected by the difference, if any,
25  between the amount of the general homestead exemption
26  allowed for that parcel of property under Section

 

 

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1  15-176 or 15-177 of the Property Tax Code and the
2  amount that would have been allowed had the general
3  homestead exemption for that parcel of property been
4  determined under Section 15-175 of the Property Tax
5  Code. It is further the intent of this subparagraph
6  (A) that if additional exemptions are allowed under
7  Section 15-175 of the Property Tax Code for owners
8  with a household income of less than $30,000, then the
9  calculation of EAV shall not be affected by the
10  difference, if any, because of those additional
11  exemptions.
12  (B) With respect to any part of an Organizational
13  Unit within a redevelopment project area in respect to
14  which a municipality has adopted tax increment
15  allocation financing pursuant to the Tax Increment
16  Allocation Redevelopment Act, Division 74.4 of Article
17  11 of the Illinois Municipal Code, or the Industrial
18  Jobs Recovery Law, Division 74.6 of Article 11 of the
19  Illinois Municipal Code, no part of the current EAV of
20  real property located in any such project area that is
21  attributable to an increase above the total initial
22  EAV of such property shall be used as part of the EAV
23  of the Organizational Unit, until such time as all
24  redevelopment project costs have been paid, as
25  provided in Section 11-74.4-8 of the Tax Increment
26  Allocation Redevelopment Act or in Section 11-74.6-35

 

 

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1  of the Industrial Jobs Recovery Law. For the purpose
2  of the EAV of the Organizational Unit, the total
3  initial EAV or the current EAV, whichever is lower,
4  shall be used until such time as all redevelopment
5  project costs have been paid.
6  (B-5) The real property equalized assessed
7  valuation for a school district shall be adjusted by
8  subtracting from the real property value, as equalized
9  or assessed by the Department of Revenue, for the
10  district an amount computed by dividing the amount of
11  any abatement of taxes under Section 18-170 of the
12  Property Tax Code by 3.00% for a district maintaining
13  grades kindergarten through 12, by 2.30% for a
14  district maintaining grades kindergarten through 8, or
15  by 1.05% for a district maintaining grades 9 through
16  12 and adjusted by an amount computed by dividing the
17  amount of any abatement of taxes under subsection (a)
18  of Section 18-165 of the Property Tax Code by the same
19  percentage rates for district type as specified in
20  this subparagraph (B-5).
21  (C) For Organizational Units that are Hybrid
22  Districts, the State Superintendent shall use the
23  lesser of the adjusted equalized assessed valuation
24  for property within the partial elementary unit
25  district for elementary purposes, as defined in
26  Article 11E of this Code, or the adjusted equalized

 

 

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1  assessed valuation for property within the partial
2  elementary unit district for high school purposes, as
3  defined in Article 11E of this Code.
4  (D) If a school district's boundaries span
5  multiple counties, then the Department of Revenue
6  shall send to the State Board, for the purposes of
7  calculating Evidence-Based Funding, the limiting rate
8  and individual rates by purpose for the county that
9  contains the majority of the school district's
10  equalized assessed valuation.
11  (4) An Organizational Unit's Adjusted EAV shall be the
12  average of its EAV over the immediately preceding 3 years
13  or the lesser of its EAV in the immediately preceding year
14  or the average of its EAV over the immediately preceding 3
15  years if the EAV in the immediately preceding year has
16  declined by 10% or more when comparing the 2 most recent
17  years. In the event of Organizational Unit reorganization,
18  consolidation, or annexation, the Organizational Unit's
19  Adjusted EAV for the first 3 years after such change shall
20  be as follows: the most current EAV shall be used in the
21  first year, the average of a 2-year EAV or its EAV in the
22  immediately preceding year if the EAV declines by 10% or
23  more when comparing the 2 most recent years for the second
24  year, and the lesser of a 3-year average EAV or its EAV in
25  the immediately preceding year if the Adjusted EAV
26  declines by 10% or more when comparing the 2 most recent

 

 

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1  years for the third year. For any school district whose
2  EAV in the immediately preceding year is used in
3  calculations, in the following year, the Adjusted EAV
4  shall be the average of its EAV over the immediately
5  preceding 2 years or the immediately preceding year if
6  that year represents a decline of 10% or more when
7  comparing the 2 most recent years.
8  "PTELL EAV" means a figure calculated by the State
9  Board for Organizational Units subject to PTELL as
10  described in this paragraph (4) for the purposes of
11  calculating an Organizational Unit's Local Capacity Ratio.
12  Except as otherwise provided in this paragraph (4), the
13  PTELL EAV of an Organizational Unit shall be equal to the
14  product of the equalized assessed valuation last used in
15  the calculation of general State aid under Section 18-8.05
16  of this Code (now repealed) or Evidence-Based Funding
17  under this Section and the Organizational Unit's Extension
18  Limitation Ratio. If an Organizational Unit has approved
19  or does approve an increase in its limiting rate, pursuant
20  to Section 18-190 of the Property Tax Code, affecting the
21  Base Tax Year, the PTELL EAV shall be equal to the product
22  of the equalized assessed valuation last used in the
23  calculation of general State aid under Section 18-8.05 of
24  this Code (now repealed) or Evidence-Based Funding under
25  this Section multiplied by an amount equal to one plus the
26  percentage increase, if any, in the Consumer Price Index

 

 

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1  for All Urban Consumers for all items published by the
2  United States Department of Labor for the 12-month
3  calendar year preceding the Base Tax Year, plus the
4  equalized assessed valuation of new property, annexed
5  property, and recovered tax increment value and minus the
6  equalized assessed valuation of disconnected property.
7  As used in this paragraph (4), "new property" and
8  "recovered tax increment value" shall have the meanings
9  set forth in the Property Tax Extension Limitation Law.
10  (e) Base Funding Minimum calculation.
11  (1) For the 2017-2018 school year, the Base Funding
12  Minimum of an Organizational Unit or a Specially Funded
13  Unit shall be the amount of State funds distributed to the
14  Organizational Unit or Specially Funded Unit during the
15  2016-2017 school year prior to any adjustments and
16  specified appropriation amounts described in this
17  paragraph (1) from the following Sections, as calculated
18  by the State Superintendent: Section 18-8.05 of this Code
19  (now repealed); Section 5 of Article 224 of Public Act
20  99-524 (equity grants); Section 14-7.02b of this Code
21  (funding for children requiring special education
22  services); Section 14-13.01 of this Code (special
23  education facilities and staffing), except for
24  reimbursement of the cost of transportation pursuant to
25  Section 14-13.01; Section 14C-12 of this Code (English
26  learners); and Section 18-4.3 of this Code (summer

 

 

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1  school), based on an appropriation level of $13,121,600.
2  For a school district organized under Article 34 of this
3  Code, the Base Funding Minimum also includes (i) the funds
4  allocated to the school district pursuant to Section 1D-1
5  of this Code attributable to funding programs authorized
6  by the Sections of this Code listed in the preceding
7  sentence and (ii) the difference between (I) the funds
8  allocated to the school district pursuant to Section 1D-1
9  of this Code attributable to the funding programs
10  authorized by Section 14-7.02 (non-public special
11  education reimbursement), subsection (b) of Section
12  14-13.01 (special education transportation), Section 29-5
13  (transportation), Section 2-3.80 (agricultural
14  education), Section 2-3.66 (truants' alternative
15  education), Section 2-3.62 (educational service centers),
16  and Section 14-7.03 (special education - orphanage) of
17  this Code and Section 15 of the Childhood Hunger Relief
18  Act (free breakfast program) and (II) the school
19  district's actual expenditures for its non-public special
20  education, special education transportation,
21  transportation programs, agricultural education, truants'
22  alternative education, services that would otherwise be
23  performed by a regional office of education, special
24  education orphanage expenditures, and free breakfast, as
25  most recently calculated and reported pursuant to
26  subsection (f) of Section 1D-1 of this Code. The Base

 

 

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1  Funding Minimum for Glenwood Academy shall be $625,500.
2  For programs operated by a regional office of education or
3  an intermediate service center, the Base Funding Minimum
4  must be the total amount of State funds allocated to those
5  programs in the 2018-2019 school year and amounts provided
6  pursuant to Article 34 of Public Act 100-586 and Section
7  3-16 of this Code. All programs established after June 5,
8  2019 (the effective date of Public Act 101-10) and
9  administered by a regional office of education or an
10  intermediate service center must have an initial Base
11  Funding Minimum set to an amount equal to the first-year
12  ASE multiplied by the amount of per pupil funding received
13  in the previous school year by the lowest funded similar
14  existing program type. If the enrollment for a program
15  operated by a regional office of education or an
16  intermediate service center is zero, then it may not
17  receive Base Funding Minimum funds for that program in the
18  next fiscal year, and those funds must be distributed to
19  Organizational Units under subsection (g).
20  (2) For the 2018-2019 and subsequent school years, the
21  Base Funding Minimum of Organizational Units and Specially
22  Funded Units shall be the sum of (i) the amount of
23  Evidence-Based Funding for the prior school year, (ii) the
24  Base Funding Minimum for the prior school year, and (iii)
25  any amount received by a school district pursuant to
26  Section 7 of Article 97 of Public Act 100-21.

 

 

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1  For the 2022-2023 school year, the Base Funding
2  Minimum of Organizational Units shall be the amounts
3  recalculated by the State Board of Education for Fiscal
4  Year 2019 through Fiscal Year 2022 that were necessary due
5  to average student enrollment errors for districts
6  organized under Article 34 of this Code, plus the Fiscal
7  Year 2022 property tax relief grants provided under
8  Section 2-3.170 of this Code, ensuring each Organizational
9  Unit has the correct amount of resources for Fiscal Year
10  2023 Evidence-Based Funding calculations and that Fiscal
11  Year 2023 Evidence-Based Funding Distributions are made in
12  accordance with this Section.
13  (3) Subject to approval by the General Assembly as
14  provided in this paragraph (3), an Organizational Unit
15  that meets all of the following criteria, as determined by
16  the State Board, shall have District Intervention Money
17  added to its Base Funding Minimum at the time the Base
18  Funding Minimum is calculated by the State Board:
19  (A) The Organizational Unit is operating under an
20  Independent Authority under Section 2-3.25f-5 of this
21  Code for a minimum of 4 school years or is subject to
22  the control of the State Board pursuant to a court
23  order for a minimum of 4 school years.
24  (B) The Organizational Unit was designated as a
25  Tier 1 or Tier 2 Organizational Unit in the previous
26  school year under paragraph (3) of subsection (g) of

 

 

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1  this Section.
2  (C) The Organizational Unit demonstrates
3  sustainability through a 5-year financial and
4  strategic plan.
5  (D) The Organizational Unit has made sufficient
6  progress and achieved sufficient stability in the
7  areas of governance, academic growth, and finances.
8  As part of its determination under this paragraph (3),
9  the State Board may consider the Organizational Unit's
10  summative designation, any accreditations of the
11  Organizational Unit, or the Organizational Unit's
12  financial profile, as calculated by the State Board.
13  If the State Board determines that an Organizational
14  Unit has met the criteria set forth in this paragraph (3),
15  it must submit a report to the General Assembly, no later
16  than January 2 of the fiscal year in which the State Board
17  makes it determination, on the amount of District
18  Intervention Money to add to the Organizational Unit's
19  Base Funding Minimum. The General Assembly must review the
20  State Board's report and may approve or disapprove, by
21  joint resolution, the addition of District Intervention
22  Money. If the General Assembly fails to act on the report
23  within 40 calendar days from the receipt of the report,
24  the addition of District Intervention Money is deemed
25  approved. If the General Assembly approves the amount of
26  District Intervention Money to be added to the

 

 

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1  Organizational Unit's Base Funding Minimum, the District
2  Intervention Money must be added to the Base Funding
3  Minimum annually thereafter.
4  For the first 4 years following the initial year that
5  the State Board determines that an Organizational Unit has
6  met the criteria set forth in this paragraph (3) and has
7  received funding under this Section, the Organizational
8  Unit must annually submit to the State Board, on or before
9  November 30, a progress report regarding its financial and
10  strategic plan under subparagraph (C) of this paragraph
11  (3). The plan shall include the financial data from the
12  past 4 annual financial reports or financial audits that
13  must be presented to the State Board by November 15 of each
14  year and the approved budget financial data for the
15  current year. The plan shall be developed according to the
16  guidelines presented to the Organizational Unit by the
17  State Board. The plan shall further include financial
18  projections for the next 3 fiscal years and include a
19  discussion and financial summary of the Organizational
20  Unit's facility needs. If the Organizational Unit does not
21  demonstrate sufficient progress toward its 5-year plan or
22  if it has failed to file an annual financial report, an
23  annual budget, a financial plan, a deficit reduction plan,
24  or other financial information as required by law, the
25  State Board may establish a Financial Oversight Panel
26  under Article 1H of this Code. However, if the

 

 

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1  Organizational Unit already has a Financial Oversight
2  Panel, the State Board may extend the duration of the
3  Panel.
4  (f) Percent of Adequacy and Final Resources calculation.
5  (1) The Evidence-Based Funding formula establishes a
6  Percent of Adequacy for each Organizational Unit in order
7  to place such units into tiers for the purposes of the
8  funding distribution system described in subsection (g) of
9  this Section. Initially, an Organizational Unit's
10  Preliminary Resources and Preliminary Percent of Adequacy
11  are calculated pursuant to paragraph (2) of this
12  subsection (f). Then, an Organizational Unit's Final
13  Resources and Final Percent of Adequacy are calculated to
14  account for the Organizational Unit's poverty
15  concentration levels pursuant to paragraphs (3) and (4) of
16  this subsection (f).
17  (2) An Organizational Unit's Preliminary Resources are
18  equal to the sum of its Local Capacity Target, CPPRT, and
19  Base Funding Minimum. An Organizational Unit's Preliminary
20  Percent of Adequacy is the lesser of (i) its Preliminary
21  Resources divided by its Adequacy Target or (ii) 100%.
22  (3) Except for Specially Funded Units, an
23  Organizational Unit's Final Resources are equal to the sum
24  of its Local Capacity, CPPRT, and Adjusted Base Funding
25  Minimum. The Base Funding Minimum of each Specially Funded
26  Unit shall serve as its Final Resources, except that the

 

 

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1  Base Funding Minimum for State-approved charter schools
2  shall not include any portion of general State aid
3  allocated in the prior year based on the per capita
4  tuition charge times the charter school enrollment.
5  (4) An Organizational Unit's Final Percent of Adequacy
6  is its Final Resources divided by its Adequacy Target. An
7  Organizational Unit's Adjusted Base Funding Minimum is
8  equal to its Base Funding Minimum less its Supplemental
9  Grant Funding, with the resulting figure added to the
10  product of its Supplemental Grant Funding and Preliminary
11  Percent of Adequacy.
12  (g) Evidence-Based Funding formula distribution system.
13  (1) In each school year under the Evidence-Based
14  Funding formula, each Organizational Unit receives funding
15  equal to the sum of its Base Funding Minimum and the unit's
16  allocation of New State Funds determined pursuant to this
17  subsection (g). To allocate New State Funds, the
18  Evidence-Based Funding formula distribution system first
19  places all Organizational Units into one of 4 tiers in
20  accordance with paragraph (3) of this subsection (g),
21  based on the Organizational Unit's Final Percent of
22  Adequacy. New State Funds are allocated to each of the 4
23  tiers as follows: Tier 1 Aggregate Funding equals 50% of
24  all New State Funds, Tier 2 Aggregate Funding equals 49%
25  of all New State Funds, Tier 3 Aggregate Funding equals
26  0.9% of all New State Funds, and Tier 4 Aggregate Funding

 

 

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1  equals 0.1% of all New State Funds. Each Organizational
2  Unit within Tier 1 or Tier 2 receives an allocation of New
3  State Funds equal to its tier Funding Gap, as defined in
4  the following sentence, multiplied by the tier's
5  Allocation Rate determined pursuant to paragraph (4) of
6  this subsection (g). For Tier 1, an Organizational Unit's
7  Funding Gap equals the tier's Target Ratio, as specified
8  in paragraph (5) of this subsection (g), multiplied by the
9  Organizational Unit's Adequacy Target, with the resulting
10  amount reduced by the Organizational Unit's Final
11  Resources. For Tier 2, an Organizational Unit's Funding
12  Gap equals the tier's Target Ratio, as described in
13  paragraph (5) of this subsection (g), multiplied by the
14  Organizational Unit's Adequacy Target, with the resulting
15  amount reduced by the Organizational Unit's Final
16  Resources and its Tier 1 funding allocation. To determine
17  the Organizational Unit's Funding Gap, the resulting
18  amount is then multiplied by a factor equal to one minus
19  the Organizational Unit's Local Capacity Target
20  percentage. Each Organizational Unit within Tier 3 or Tier
21  4 receives an allocation of New State Funds equal to the
22  product of its Adequacy Target and the tier's Allocation
23  Rate, as specified in paragraph (4) of this subsection
24  (g).
25  (2) To ensure equitable distribution of dollars for
26  all Tier 2 Organizational Units, no Tier 2 Organizational

 

 

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1  Unit shall receive fewer dollars per ASE than any Tier 3
2  Organizational Unit. Each Tier 2 and Tier 3 Organizational
3  Unit shall have its funding allocation divided by its ASE.
4  Any Tier 2 Organizational Unit with a funding allocation
5  per ASE below the greatest Tier 3 allocation per ASE shall
6  get a funding allocation equal to the greatest Tier 3
7  funding allocation per ASE multiplied by the
8  Organizational Unit's ASE. Each Tier 2 Organizational
9  Unit's Tier 2 funding allocation shall be multiplied by
10  the percentage calculated by dividing the original Tier 2
11  Aggregate Funding by the sum of all Tier 2 Organizational
12  Units' Tier 2 funding allocation after adjusting
13  districts' funding below Tier 3 levels.
14  (3) Organizational Units are placed into one of 4
15  tiers as follows:
16  (A) Tier 1 consists of all Organizational Units,
17  except for Specially Funded Units, with a Percent of
18  Adequacy less than the Tier 1 Target Ratio. The Tier 1
19  Target Ratio is the ratio level that allows for Tier 1
20  Aggregate Funding to be distributed, with the Tier 1
21  Allocation Rate determined pursuant to paragraph (4)
22  of this subsection (g).
23  (B) Tier 2 consists of all Tier 1 Units and all
24  other Organizational Units, except for Specially
25  Funded Units, with a Percent of Adequacy of less than
26  0.90.

 

 

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1  (C) Tier 3 consists of all Organizational Units,
2  except for Specially Funded Units, with a Percent of
3  Adequacy of at least 0.90 and less than 1.0.
4  (D) Tier 4 consists of all Organizational Units
5  with a Percent of Adequacy of at least 1.0.
6  (4) The Allocation Rates for Tiers 1 through 4 are
7  determined as follows:
8  (A) The Tier 1 Allocation Rate is 30%.
9  (B) The Tier 2 Allocation Rate is the result of the
10  following equation: Tier 2 Aggregate Funding, divided
11  by the sum of the Funding Gaps for all Tier 2
12  Organizational Units, unless the result of such
13  equation is higher than 1.0. If the result of such
14  equation is higher than 1.0, then the Tier 2
15  Allocation Rate is 1.0.
16  (C) The Tier 3 Allocation Rate is the result of the
17  following equation: Tier 3 Aggregate Funding, divided
18  by the sum of the Adequacy Targets of all Tier 3
19  Organizational Units.
20  (D) The Tier 4 Allocation Rate is the result of the
21  following equation: Tier 4 Aggregate Funding, divided
22  by the sum of the Adequacy Targets of all Tier 4
23  Organizational Units.
24  (5) A tier's Target Ratio is determined as follows:
25  (A) The Tier 1 Target Ratio is the ratio level that
26  allows for Tier 1 Aggregate Funding to be distributed

 

 

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1  with the Tier 1 Allocation Rate.
2  (B) The Tier 2 Target Ratio is 0.90.
3  (C) The Tier 3 Target Ratio is 1.0.
4  (6) If, at any point, the Tier 1 Target Ratio is
5  greater than 90%, then all Tier 1 funding shall be
6  allocated to Tier 2 and no Tier 1 Organizational Unit's
7  funding may be identified.
8  (7) In the event that all Tier 2 Organizational Units
9  receive funding at the Tier 2 Target Ratio level, any
10  remaining New State Funds shall be allocated to Tier 3 and
11  Tier 4 Organizational Units.
12  (8) If any Specially Funded Units, excluding Glenwood
13  Academy, recognized by the State Board do not qualify for
14  direct funding following the implementation of Public Act
15  100-465 from any of the funding sources included within
16  the definition of Base Funding Minimum, the unqualified
17  portion of the Base Funding Minimum shall be transferred
18  to one or more appropriate Organizational Units as
19  determined by the State Superintendent based on the prior
20  year ASE of the Organizational Units.
21  (8.5) If a school district withdraws from a special
22  education cooperative, the portion of the Base Funding
23  Minimum that is attributable to the school district may be
24  redistributed to the school district upon withdrawal. The
25  school district and the cooperative must include the
26  amount of the Base Funding Minimum that is to be

 

 

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1  reapportioned in their withdrawal agreement and notify the
2  State Board of the change with a copy of the agreement upon
3  withdrawal.
4  (9) The Minimum Funding Level is intended to establish
5  a target for State funding that will keep pace with
6  inflation and continue to advance equity through the
7  Evidence-Based Funding formula. The target for State
8  funding of New Property Tax Relief Pool Funds is
9  $50,000,000 for State fiscal year 2019 and subsequent
10  State fiscal years. The Minimum Funding Level is equal to
11  $350,000,000. In addition to any New State Funds, no more
12  than $50,000,000 New Property Tax Relief Pool Funds may be
13  counted toward the Minimum Funding Level. If the sum of
14  New State Funds and applicable New Property Tax Relief
15  Pool Funds are less than the Minimum Funding Level, than
16  funding for tiers shall be reduced in the following
17  manner:
18  (A) First, Tier 4 funding shall be reduced by an
19  amount equal to the difference between the Minimum
20  Funding Level and New State Funds until such time as
21  Tier 4 funding is exhausted.
22  (B) Next, Tier 3 funding shall be reduced by an
23  amount equal to the difference between the Minimum
24  Funding Level and New State Funds and the reduction in
25  Tier 4 funding until such time as Tier 3 funding is
26  exhausted.

 

 

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1  (C) Next, Tier 2 funding shall be reduced by an
2  amount equal to the difference between the Minimum
3  Funding Level and New State Funds and the reduction in
4  Tier 4 and Tier 3.
5  (D) Finally, Tier 1 funding shall be reduced by an
6  amount equal to the difference between the Minimum
7  Funding level and New State Funds and the reduction in
8  Tier 2, 3, and 4 funding. In addition, the Allocation
9  Rate for Tier 1 shall be reduced to a percentage equal
10  to the Tier 1 Allocation Rate set by paragraph (4) of
11  this subsection (g), multiplied by the result of New
12  State Funds divided by the Minimum Funding Level.
13  (9.5) For State fiscal year 2019 and subsequent State
14  fiscal years, if New State Funds exceed $300,000,000, then
15  any amount in excess of $300,000,000 shall be dedicated
16  for purposes of Section 2-3.170 of this Code up to a
17  maximum of $50,000,000.
18  (10) In the event of a decrease in the amount of the
19  appropriation for this Section in any fiscal year after
20  implementation of this Section, the Organizational Units
21  receiving Tier 1 and Tier 2 funding, as determined under
22  paragraph (3) of this subsection (g), shall be held
23  harmless by establishing a Base Funding Guarantee equal to
24  the per pupil kindergarten through grade 12 funding
25  received in accordance with this Section in the prior
26  fiscal year. Reductions shall be made to the Base Funding

 

 

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1  Minimum of Organizational Units in Tier 3 and Tier 4 on a
2  per pupil basis equivalent to the total number of the ASE
3  in Tier 3-funded and Tier 4-funded Organizational Units
4  divided by the total reduction in State funding. The Base
5  Funding Minimum as reduced shall continue to be applied to
6  Tier 3 and Tier 4 Organizational Units and adjusted by the
7  relative formula when increases in appropriations for this
8  Section resume. In no event may State funding reductions
9  to Organizational Units in Tier 3 or Tier 4 exceed an
10  amount that would be less than the Base Funding Minimum
11  established in the first year of implementation of this
12  Section. If additional reductions are required, all school
13  districts shall receive a reduction by a per pupil amount
14  equal to the aggregate additional appropriation reduction
15  divided by the total ASE of all Organizational Units.
16  (11) The State Superintendent shall make minor
17  adjustments to the distribution formula set forth in this
18  subsection (g) to account for the rounding of percentages
19  to the nearest tenth of a percentage and dollar amounts to
20  the nearest whole dollar.
21  (h) State Superintendent administration of funding and
22  district submission requirements.
23  (1) The State Superintendent shall, in accordance with
24  appropriations made by the General Assembly, meet the
25  funding obligations created under this Section.
26  (2) The State Superintendent shall calculate the

 

 

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1  Adequacy Target for each Organizational Unit under this
2  Section. No Evidence-Based Funding shall be distributed
3  within an Organizational Unit without the approval of the
4  unit's school board.
5  (3) Annually, the State Superintendent shall calculate
6  and report to each Organizational Unit the unit's
7  aggregate financial adequacy amount, which shall be the
8  sum of the Adequacy Target for each Organizational Unit.
9  The State Superintendent shall calculate and report
10  separately for each Organizational Unit the unit's total
11  State funds allocated for its students with disabilities.
12  The State Superintendent shall calculate and report
13  separately for each Organizational Unit the amount of
14  funding and applicable FTE calculated for each Essential
15  Element of the unit's Adequacy Target.
16  (4) Annually, the State Superintendent shall calculate
17  and report to each Organizational Unit the amount the unit
18  must expend on special education and bilingual education
19  and computer technology and equipment for Organizational
20  Units assigned to Tier 1 or Tier 2 that received an
21  additional $285.50 per student computer technology and
22  equipment investment grant to their Adequacy Target
23  pursuant to the unit's Base Funding Minimum, Special
24  Education Allocation, Bilingual Education Allocation, and
25  computer technology and equipment investment allocation.
26  (5) Moneys distributed under this Section shall be

 

 

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1  calculated on a school year basis, but paid on a fiscal
2  year basis, with payments beginning in August and
3  extending through June. Unless otherwise provided, the
4  moneys appropriated for each fiscal year shall be
5  distributed in 22 equal payments at least 2 times monthly
6  to each Organizational Unit. If moneys appropriated for
7  any fiscal year are distributed other than monthly, the
8  distribution shall be on the same basis for each
9  Organizational Unit.
10  (6) Any school district that fails, for any given
11  school year, to maintain school as required by law or to
12  maintain a recognized school is not eligible to receive
13  Evidence-Based Funding. In case of non-recognition of one
14  or more attendance centers in a school district otherwise
15  operating recognized schools, the claim of the district
16  shall be reduced in the proportion that the enrollment in
17  the attendance center or centers bears to the enrollment
18  of the school district. "Recognized school" means any
19  public school that meets the standards for recognition by
20  the State Board. A school district or attendance center
21  not having recognition status at the end of a school term
22  is entitled to receive State aid payments due upon a legal
23  claim that was filed while it was recognized.
24  (7) School district claims filed under this Section
25  are subject to Sections 18-9 and 18-12 of this Code,
26  except as otherwise provided in this Section.

 

 

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1  (8) Each fiscal year, the State Superintendent shall
2  calculate for each Organizational Unit an amount of its
3  Base Funding Minimum and Evidence-Based Funding that shall
4  be deemed attributable to the provision of special
5  educational facilities and services, as defined in Section
6  14-1.08 of this Code, in a manner that ensures compliance
7  with maintenance of State financial support requirements
8  under the federal Individuals with Disabilities Education
9  Act. An Organizational Unit must use such funds only for
10  the provision of special educational facilities and
11  services, as defined in Section 14-1.08 of this Code, and
12  must comply with any expenditure verification procedures
13  adopted by the State Board.
14  (9) All Organizational Units in this State must submit
15  annual spending plans by the end of September of each year
16  to the State Board as part of the annual budget process,
17  which shall describe how each Organizational Unit will
18  utilize the Base Funding Minimum and Evidence-Based
19  Funding it receives from this State under this Section
20  with specific identification of the intended utilization
21  of Low-Income, English learner, and special education
22  resources. Funds received under this Section by a school
23  district organized under Article 34 of this Code for
24  Low-Income, English learner, and special education
25  resources must be distributed to every school of the
26  district in the appropriate amount specified in

 

 

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1  subparagraphs (V), (W), and (X) of paragraph (2) of
2  subsection (b) of this Section. Additionally, the annual
3  spending plans of each Organizational Unit shall describe
4  how the Organizational Unit expects to achieve student
5  growth and how the Organizational Unit will achieve State
6  education goals, as defined by the State Board. The State
7  Superintendent may, from time to time, identify additional
8  requisites for Organizational Units to satisfy when
9  compiling the annual spending plans required under this
10  subsection (h). The format and scope of annual spending
11  plans shall be developed by the State Superintendent and
12  the State Board of Education. School districts that serve
13  students under Article 14C of this Code shall continue to
14  submit information as required under Section 14C-12 of
15  this Code.
16  (10) No later than January 1, 2018, the State
17  Superintendent shall develop a 5-year strategic plan for
18  all Organizational Units to help in planning for adequacy
19  funding under this Section. The State Superintendent shall
20  submit the plan to the Governor and the General Assembly,
21  as provided in Section 3.1 of the General Assembly
22  Organization Act. The plan shall include recommendations
23  for:
24  (A) a framework for collaborative, professional,
25  innovative, and 21st century learning environments
26  using the Evidence-Based Funding model;

 

 

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1  (B) ways to prepare and support this State's
2  educators for successful instructional careers;
3  (C) application and enhancement of the current
4  financial accountability measures, the approved State
5  plan to comply with the federal Every Student Succeeds
6  Act, and the Illinois Balanced Accountability Measures
7  in relation to student growth and elements of the
8  Evidence-Based Funding model; and
9  (D) implementation of an effective school adequacy
10  funding system based on projected and recommended
11  funding levels from the General Assembly.
12  (11) On an annual basis, the State Superintendent must
13  recalibrate all of the following per pupil elements of the
14  Adequacy Target and applied to the formulas, based on the
15  study of average expenses and as reported in the most
16  recent annual financial report:
17  (A) Gifted under subparagraph (M) of paragraph (2)
18  of subsection (b).
19  (B) Instructional materials under subparagraph (O)
20  of paragraph (2) of subsection (b).
21  (C) Assessment under subparagraph (P) of paragraph
22  (2) of subsection (b).
23  (D) Student activities under subparagraph (R) of
24  paragraph (2) of subsection (b).
25  (E) Maintenance and operations under subparagraph
26  (S) of paragraph (2) of subsection (b).

 

 

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1  (F) Central office under subparagraph (T) of
2  paragraph (2) of subsection (b).
3  (i) Professional Review Panel.
4  (1) A Professional Review Panel is created to study
5  and review topics related to the implementation and effect
6  of Evidence-Based Funding, as assigned by a joint
7  resolution or Public Act of the General Assembly or a
8  motion passed by the State Board of Education. The Panel
9  must provide recommendations to and serve the Governor,
10  the General Assembly, and the State Board. The State
11  Superintendent or his or her designee must serve as a
12  voting member and chairperson of the Panel. The State
13  Superintendent must appoint a vice chairperson from the
14  membership of the Panel. The Panel must advance
15  recommendations based on a three-fifths majority vote of
16  Panel members present and voting. A minority opinion may
17  also accompany any recommendation of the Panel. The Panel
18  shall be appointed by the State Superintendent, except as
19  otherwise provided in paragraph (2) of this subsection (i)
20  and include the following members:
21  (A) Two appointees that represent district
22  superintendents, recommended by a statewide
23  organization that represents district superintendents.
24  (B) Two appointees that represent school boards,
25  recommended by a statewide organization that
26  represents school boards.

 

 

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1  (C) Two appointees from districts that represent
2  school business officials, recommended by a statewide
3  organization that represents school business
4  officials.
5  (D) Two appointees that represent school
6  principals, recommended by a statewide organization
7  that represents school principals.
8  (E) Two appointees that represent teachers,
9  recommended by a statewide organization that
10  represents teachers.
11  (F) Two appointees that represent teachers,
12  recommended by another statewide organization that
13  represents teachers.
14  (G) Two appointees that represent regional
15  superintendents of schools, recommended by
16  organizations that represent regional superintendents.
17  (H) Two independent experts selected solely by the
18  State Superintendent.
19  (I) Two independent experts recommended by public
20  universities in this State.
21  (J) One member recommended by a statewide
22  organization that represents parents.
23  (K) Two representatives recommended by collective
24  impact organizations that represent major metropolitan
25  areas or geographic areas in Illinois.
26  (L) One member from a statewide organization

 

 

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1  focused on research-based education policy to support
2  a school system that prepares all students for
3  college, a career, and democratic citizenship.
4  (M) One representative from a school district
5  organized under Article 34 of this Code.
6  The State Superintendent shall ensure that the
7  membership of the Panel includes representatives from
8  school districts and communities reflecting the
9  geographic, socio-economic, racial, and ethnic diversity
10  of this State. The State Superintendent shall additionally
11  ensure that the membership of the Panel includes
12  representatives with expertise in bilingual education and
13  special education. Staff from the State Board shall staff
14  the Panel.
15  (2) In addition to those Panel members appointed by
16  the State Superintendent, 4 members of the General
17  Assembly shall be appointed as follows: one member of the
18  House of Representatives appointed by the Speaker of the
19  House of Representatives, one member of the Senate
20  appointed by the President of the Senate, one member of
21  the House of Representatives appointed by the Minority
22  Leader of the House of Representatives, and one member of
23  the Senate appointed by the Minority Leader of the Senate.
24  There shall be one additional member appointed by the
25  Governor. All members appointed by legislative leaders or
26  the Governor shall be non-voting, ex officio members.

 

 

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1  (3) The Panel must study topics at the direction of
2  the General Assembly or State Board of Education, as
3  provided under paragraph (1). The Panel may also study the
4  following topics at the direction of the chairperson:
5  (A) The format and scope of annual spending plans
6  referenced in paragraph (9) of subsection (h) of this
7  Section.
8  (B) The Comparable Wage Index under this Section.
9  (C) Maintenance and operations, including capital
10  maintenance and construction costs.
11  (D) "At-risk student" definition.
12  (E) Benefits.
13  (F) Technology.
14  (G) Local Capacity Target.
15  (H) Funding for Alternative Schools, Laboratory
16  Schools, safe schools, and alternative learning
17  opportunities programs.
18  (I) Funding for college and career acceleration
19  strategies.
20  (J) Special education investments.
21  (K) Early childhood investments, in collaboration
22  with the Illinois Early Learning Council.
23  (4) (Blank).
24  (5) Within 5 years after the implementation of this
25  Section, and every 5 years thereafter, the Panel shall
26  complete an evaluative study of the entire Evidence-Based

 

 

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1  Funding model, including an assessment of whether or not
2  the formula is achieving State goals. The Panel shall
3  report to the State Board, the General Assembly, and the
4  Governor on the findings of the study.
5  (6) (Blank).
6  (7) To ensure that (i) the Adequacy Target calculation
7  under subsection (b) accurately reflects the needs of
8  students living in poverty or attending schools located in
9  areas of high poverty, (ii) racial equity within the
10  Evidence-Based Funding formula is explicitly explored and
11  advanced, and (iii) the funding goals of the formula
12  distribution system established under this Section are
13  sufficient to provide adequate funding for every student
14  and to fully fund every school in this State, the Panel
15  shall review the Essential Elements under paragraph (2) of
16  subsection (b). The Panel shall consider all of the
17  following in its review:
18  (A) The financial ability of school districts to
19  provide instruction in a foreign language to every
20  student and whether an additional Essential Element
21  should be added to the formula to ensure that every
22  student has access to instruction in a foreign
23  language.
24  (B) The adult-to-student ratio for each Essential
25  Element in which a ratio is identified. The Panel
26  shall consider whether the ratio accurately reflects

 

 

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1  the staffing needed to support students living in
2  poverty or who have traumatic backgrounds.
3  (C) Changes to the Essential Elements that may be
4  required to better promote racial equity and eliminate
5  structural racism within schools.
6  (D) The impact of investing $350,000,000 in
7  additional funds each year under this Section and an
8  estimate of when the school system will become fully
9  funded under this level of appropriation.
10  (E) Provide an overview of alternative funding
11  structures that would enable the State to become fully
12  funded at an earlier date.
13  (F) The potential to increase efficiency and to
14  find cost savings within the school system to expedite
15  the journey to a fully funded system.
16  (G) The appropriate levels for reenrolling and
17  graduating high-risk high school students who have
18  been previously out of school. These outcomes shall
19  include enrollment, attendance, skill gains, credit
20  gains, graduation or promotion to the next grade
21  level, and the transition to college, training, or
22  employment, with an emphasis on progressively
23  increasing the overall attendance.
24  (H) The evidence-based or research-based practices
25  that are shown to reduce the gaps and disparities
26  experienced by African American students in academic

 

 

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1  achievement and educational performance, including
2  practices that have been shown to reduce disparities
3  in disciplinary rates, drop-out rates, graduation
4  rates, college matriculation rates, and college
5  completion rates.
6  On or before December 31, 2021, the Panel shall report
7  to the State Board, the General Assembly, and the Governor
8  on the findings of its review. This paragraph (7) is
9  inoperative on and after July 1, 2022.
10  (j) References. Beginning July 1, 2017, references in
11  other laws to general State aid funds or calculations under
12  Section 18-8.05 of this Code (now repealed) shall be deemed to
13  be references to evidence-based model formula funds or
14  calculations under this Section.
15  (Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
16  101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
17  6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21;
18  102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff.
19  5-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)
20  Section 99. Effective date. This Act takes effect July 1,
21  2023.

 

 

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