93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6810

 

Introduced 02/09/04, by Susana Mendoza

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/18-8.05

    Amends the School Code. In the State aid formula provisions, provides that a school district with a high school dropout rate that is at least 2 times the State high school dropout rate shall receive an incentive weighting of 2 times the foundation level of support for each high school dropout who has been reenrolled in a program for dropouts, if the program meets certain standards. Requires the school district to provide the same local and other funding for each reenrolled dropout that is provided for other students already enrolled in the district. Effective July 1, 2004.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6810 LRB093 16548 NHT 47231 b

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 18-8.05 as follows:
 
6     (105 ILCS 5/18-8.05)
7     Sec. 18-8.05. Basis for apportionment of general State
8 financial aid and supplemental general State aid to the common
9 schools for the 1998-1999 and subsequent school years.
 
10 (A) General Provisions.
11     (1) The provisions of this Section apply to the 1998-1999
12 and subsequent school years. The system of general State
13 financial aid provided for in this Section is designed to
14 assure that, through a combination of State financial aid and
15 required local resources, the financial support provided each
16 pupil in Average Daily Attendance equals or exceeds a
17 prescribed per pupil Foundation Level. This formula approach
18 imputes a level of per pupil Available Local Resources and
19 provides for the basis to calculate a per pupil level of
20 general State financial aid that, when added to Available Local
21 Resources, equals or exceeds the Foundation Level. The amount
22 of per pupil general State financial aid for school districts,
23 in general, varies in inverse relation to Available Local
24 Resources. Per pupil amounts are based upon each school
25 district's Average Daily Attendance as that term is defined in
26 this Section.
27     (2) In addition to general State financial aid, school
28 districts with specified levels or concentrations of pupils
29 from low income households are eligible to receive supplemental
30 general State financial aid grants as provided pursuant to
31 subsection (H). The supplemental State aid grants provided for

 

 

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1 school districts under subsection (H) shall be appropriated for
2 distribution to school districts as part of the same line item
3 in which the general State financial aid of school districts is
4 appropriated under this Section.
5     (3) To receive financial assistance under this Section,
6 school districts are required to file claims with the State
7 Board of Education, subject to the following requirements:
8         (a) Any school district which fails for any given
9     school year to maintain school as required by law, or to
10     maintain a recognized school is not eligible to file for
11     such school year any claim upon the Common School Fund. In
12     case of nonrecognition of one or more attendance centers in
13     a school district otherwise operating recognized schools,
14     the claim of the district shall be reduced in the
15     proportion which the Average Daily Attendance in the
16     attendance center or centers bear to the Average Daily
17     Attendance in the school district. A "recognized school"
18     means any public school which meets the standards as
19     established for recognition by the State Board of
20     Education. A school district or attendance center not
21     having recognition status at the end of a school term is
22     entitled to receive State aid payments due upon a legal
23     claim which was filed while it was recognized.
24         (b) School district claims filed under this Section are
25     subject to Sections 18-9, 18-10, and 18-12, except as
26     otherwise provided in this Section.
27         (c) If a school district operates a full year school
28     under Section 10-19.1, the general State aid to the school
29     district shall be determined by the State Board of
30     Education in accordance with this Section as near as may be
31     applicable.
32         (d) (Blank).
33     (4) Except as provided in subsections (H) and (L), the
34 board of any district receiving any of the grants provided for
35 in this Section may apply those funds to any fund so received
36 for which that board is authorized to make expenditures by law.

 

 

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1     School districts are not required to exert a minimum
2 Operating Tax Rate in order to qualify for assistance under
3 this Section.
4     (5) As used in this Section the following terms, when
5 capitalized, shall have the meaning ascribed herein:
6         (a) "Average Daily Attendance": A count of pupil
7     attendance in school, averaged as provided for in
8     subsection (C) and utilized in deriving per pupil financial
9     support levels.
10         (b) "Available Local Resources": A computation of
11     local financial support, calculated on the basis of Average
12     Daily Attendance and derived as provided pursuant to
13     subsection (D).
14         (c) "Corporate Personal Property Replacement Taxes":
15     Funds paid to local school districts pursuant to "An Act in
16     relation to the abolition of ad valorem personal property
17     tax and the replacement of revenues lost thereby, and
18     amending and repealing certain Acts and parts of Acts in
19     connection therewith", certified August 14, 1979, as
20     amended (Public Act 81-1st S.S.-1).
21         (d) "Foundation Level": A prescribed level of per pupil
22     financial support as provided for in subsection (B).
23         (e) "Operating Tax Rate": All school district property
24     taxes extended for all purposes, except Bond and Interest,
25     Summer School, Rent, Capital Improvement, and Vocational
26     Education Building purposes.
 
27 (B) Foundation Level.
28     (1) The Foundation Level is a figure established by the
29 State representing the minimum level of per pupil financial
30 support that should be available to provide for the basic
31 education of each pupil in Average Daily Attendance. As set
32 forth in this Section, each school district is assumed to exert
33 a sufficient local taxing effort such that, in combination with
34 the aggregate of general State financial aid provided the
35 district, an aggregate of State and local resources are

 

 

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1 available to meet the basic education needs of pupils in the
2 district.
3     (2) For the 1998-1999 school year, the Foundation Level of
4 support is $4,225. For the 1999-2000 school year, the
5 Foundation Level of support is $4,325. For the 2000-2001 school
6 year, the Foundation Level of support is $4,425.
7     (3) For the 2001-2002 school year and 2002-2003 school
8 year, the Foundation Level of support is $4,560.
9     (4) For the 2003-2004 school year and each school year
10 thereafter, the Foundation Level of support is $4,810 or such
11 greater amount as may be established by law by the General
12 Assembly.
13     (5) For the 2004-2005 school year and each school year
14 thereafter, a school district with a high school dropout rate
15 that is at least 2 times the State high school dropout rate
16 shall receive an incentive weighting of 2 times the Foundation
17 Level of support for each high school dropout who has been
18 dropped from the school enrollment rolls for at least one month
19 and who has been reenrolled in a program for dropouts. The
20 school district shall provide the same local and other funding
21 for each reenrolled dropout that is provided for other students
22 already enrolled in the district. Programs developed and
23 operated with this increased incentive foundation funding must
24 be designed using the best program practices for high school
25 dropouts, including small program size, small class size, local
26 program decision making, comprehensive programming, and strong
27 staff teamwork. These programs must be held to strict
28 accountable outcomes, including enrollment, attendance, skill
29 gains, credit gains, graduation or promotion to the next grade
30 level, and the transition to college, training, or employment.
 
31 (C) Average Daily Attendance.
32     (1) For purposes of calculating general State aid pursuant
33 to subsection (E), an Average Daily Attendance figure shall be
34 utilized. The Average Daily Attendance figure for formula
35 calculation purposes shall be the monthly average of the actual

 

 

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1 number of pupils in attendance of each school district, as
2 further averaged for the best 3 months of pupil attendance for
3 each school district. In compiling the figures for the number
4 of pupils in attendance, school districts and the State Board
5 of Education shall, for purposes of general State aid funding,
6 conform attendance figures to the requirements of subsection
7 (F).
8     (2) The Average Daily Attendance figures utilized in
9 subsection (E) shall be the requisite attendance data for the
10 school year immediately preceding the school year for which
11 general State aid is being calculated or the average of the
12 attendance data for the 3 preceding school years, whichever is
13 greater. The Average Daily Attendance figures utilized in
14 subsection (H) shall be the requisite attendance data for the
15 school year immediately preceding the school year for which
16 general State aid is being calculated.
 
17 (D) Available Local Resources.
18     (1) For purposes of calculating general State aid pursuant
19 to subsection (E), a representation of Available Local
20 Resources per pupil, as that term is defined and determined in
21 this subsection, shall be utilized. Available Local Resources
22 per pupil shall include a calculated dollar amount representing
23 local school district revenues from local property taxes and
24 from Corporate Personal Property Replacement Taxes, expressed
25 on the basis of pupils in Average Daily Attendance.
26     (2) In determining a school district's revenue from local
27 property taxes, the State Board of Education shall utilize the
28 equalized assessed valuation of all taxable property of each
29 school district as of September 30 of the previous year. The
30 equalized assessed valuation utilized shall be obtained and
31 determined as provided in subsection (G).
32     (3) For school districts maintaining grades kindergarten
33 through 12, local property tax revenues per pupil shall be
34 calculated as the product of the applicable equalized assessed
35 valuation for the district multiplied by 3.00%, and divided by

 

 

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1 the district's Average Daily Attendance figure. For school
2 districts maintaining grades kindergarten through 8, local
3 property tax revenues per pupil shall be calculated as the
4 product of the applicable equalized assessed valuation for the
5 district multiplied by 2.30%, and divided by the district's
6 Average Daily Attendance figure. For school districts
7 maintaining grades 9 through 12, local property tax revenues
8 per pupil shall be the applicable equalized assessed valuation
9 of the district multiplied by 1.05%, and divided by the
10 district's Average Daily Attendance figure.
11     (4) The Corporate Personal Property Replacement Taxes paid
12 to each school district during the calendar year 2 years before
13 the calendar year in which a school year begins, divided by the
14 Average Daily Attendance figure for that district, shall be
15 added to the local property tax revenues per pupil as derived
16 by the application of the immediately preceding paragraph (3).
17 The sum of these per pupil figures for each school district
18 shall constitute Available Local Resources as that term is
19 utilized in subsection (E) in the calculation of general State
20 aid.
 
21 (E) Computation of General State Aid.
22     (1) For each school year, the amount of general State aid
23 allotted to a school district shall be computed by the State
24 Board of Education as provided in this subsection.
25     (2) For any school district for which Available Local
26 Resources per pupil is less than the product of 0.93 times the
27 Foundation Level, general State aid for that district shall be
28 calculated as an amount equal to the Foundation Level minus
29 Available Local Resources, multiplied by the Average Daily
30 Attendance of the school district.
31     (3) For any school district for which Available Local
32 Resources per pupil is equal to or greater than the product of
33 0.93 times the Foundation Level and less than the product of
34 1.75 times the Foundation Level, the general State aid per
35 pupil shall be a decimal proportion of the Foundation Level

 

 

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1 derived using a linear algorithm. Under this linear algorithm,
2 the calculated general State aid per pupil shall decline in
3 direct linear fashion from 0.07 times the Foundation Level for
4 a school district with Available Local Resources equal to the
5 product of 0.93 times the Foundation Level, to 0.05 times the
6 Foundation Level for a school district with Available Local
7 Resources equal to the product of 1.75 times the Foundation
8 Level. The allocation of general State aid for school districts
9 subject to this paragraph 3 shall be the calculated general
10 State aid per pupil figure multiplied by the Average Daily
11 Attendance of the school district.
12     (4) For any school district for which Available Local
13 Resources per pupil equals or exceeds the product of 1.75 times
14 the Foundation Level, the general State aid for the school
15 district shall be calculated as the product of $218 multiplied
16 by the Average Daily Attendance of the school district.
17     (5) The amount of general State aid allocated to a school
18 district for the 1999-2000 school year meeting the requirements
19 set forth in paragraph (4) of subsection (G) shall be increased
20 by an amount equal to the general State aid that would have
21 been received by the district for the 1998-1999 school year by
22 utilizing the Extension Limitation Equalized Assessed
23 Valuation as calculated in paragraph (4) of subsection (G) less
24 the general State aid allotted for the 1998-1999 school year.
25 This amount shall be deemed a one time increase, and shall not
26 affect any future general State aid allocations.
 
27 (F) Compilation of Average Daily Attendance.
28     (1) Each school district shall, by July 1 of each year,
29 submit to the State Board of Education, on forms prescribed by
30 the State Board of Education, attendance figures for the school
31 year that began in the preceding calendar year. The attendance
32 information so transmitted shall identify the average daily
33 attendance figures for each month of the school year. Beginning
34 with the general State aid claim form for the 2002-2003 school
35 year, districts shall calculate Average Daily Attendance as

 

 

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1 provided in subdivisions (a), (b), and (c) of this paragraph
2 (1).
3         (a) In districts that do not hold year-round classes,
4     days of attendance in August shall be added to the month of
5     September and any days of attendance in June shall be added
6     to the month of May.
7         (b) In districts in which all buildings hold year-round
8     classes, days of attendance in July and August shall be
9     added to the month of September and any days of attendance
10     in June shall be added to the month of May.
11         (c) In districts in which some buildings, but not all,
12     hold year-round classes, for the non-year-round buildings,
13     days of attendance in August shall be added to the month of
14     September and any days of attendance in June shall be added
15     to the month of May. The average daily attendance for the
16     year-round buildings shall be computed as provided in
17     subdivision (b) of this paragraph (1). To calculate the
18     Average Daily Attendance for the district, the average
19     daily attendance for the year-round buildings shall be
20     multiplied by the days in session for the non-year-round
21     buildings for each month and added to the monthly
22     attendance of the non-year-round buildings.
23     Except as otherwise provided in this Section, days of
24 attendance by pupils shall be counted only for sessions of not
25 less than 5 clock hours of school work per day under direct
26 supervision of: (i) teachers, or (ii) non-teaching personnel or
27 volunteer personnel when engaging in non-teaching duties and
28 supervising in those instances specified in subsection (a) of
29 Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
30 of legal school age and in kindergarten and grades 1 through
31 12.
32     Days of attendance by tuition pupils shall be accredited
33 only to the districts that pay the tuition to a recognized
34 school.
35     (2) Days of attendance by pupils of less than 5 clock hours
36 of school shall be subject to the following provisions in the

 

 

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1 compilation of Average Daily Attendance.
2         (a) Pupils regularly enrolled in a public school for
3     only a part of the school day may be counted on the basis
4     of 1/6 day for every class hour of instruction of 40
5     minutes or more attended pursuant to such enrollment,
6     unless a pupil is enrolled in a block-schedule format of 80
7     minutes or more of instruction, in which case the pupil may
8     be counted on the basis of the proportion of minutes of
9     school work completed each day to the minimum number of
10     minutes that school work is required to be held that day.
11         (b) Days of attendance may be less than 5 clock hours
12     on the opening and closing of the school term, and upon the
13     first day of pupil attendance, if preceded by a day or days
14     utilized as an institute or teachers' workshop.
15         (c) A session of 4 or more clock hours may be counted
16     as a day of attendance upon certification by the regional
17     superintendent, and approved by the State Superintendent
18     of Education to the extent that the district has been
19     forced to use daily multiple sessions.
20         (d) A session of 3 or more clock hours may be counted
21     as a day of attendance (1) when the remainder of the school
22     day or at least 2 hours in the evening of that day is
23     utilized for an in-service training program for teachers,
24     up to a maximum of 5 days per school year of which a
25     maximum of 4 days of such 5 days may be used for
26     parent-teacher conferences, provided a district conducts
27     an in-service training program for teachers which has been
28     approved by the State Superintendent of Education; or, in
29     lieu of 4 such days, 2 full days may be used, in which
30     event each such day may be counted as a day of attendance;
31     and (2) when days in addition to those provided in item (1)
32     are scheduled by a school pursuant to its school
33     improvement plan adopted under Article 34 or its revised or
34     amended school improvement plan adopted under Article 2,
35     provided that (i) such sessions of 3 or more clock hours
36     are scheduled to occur at regular intervals, (ii) the

 

 

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1     remainder of the school days in which such sessions occur
2     are utilized for in-service training programs or other
3     staff development activities for teachers, and (iii) a
4     sufficient number of minutes of school work under the
5     direct supervision of teachers are added to the school days
6     between such regularly scheduled sessions to accumulate
7     not less than the number of minutes by which such sessions
8     of 3 or more clock hours fall short of 5 clock hours. Any
9     full days used for the purposes of this paragraph shall not
10     be considered for computing average daily attendance. Days
11     scheduled for in-service training programs, staff
12     development activities, or parent-teacher conferences may
13     be scheduled separately for different grade levels and
14     different attendance centers of the district.
15         (e) A session of not less than one clock hour of
16     teaching hospitalized or homebound pupils on-site or by
17     telephone to the classroom may be counted as 1/2 day of
18     attendance, however these pupils must receive 4 or more
19     clock hours of instruction to be counted for a full day of
20     attendance.
21         (f) A session of at least 4 clock hours may be counted
22     as a day of attendance for first grade pupils, and pupils
23     in full day kindergartens, and a session of 2 or more hours
24     may be counted as 1/2 day of attendance by pupils in
25     kindergartens which provide only 1/2 day of attendance.
26         (g) For children with disabilities who are below the
27     age of 6 years and who cannot attend 2 or more clock hours
28     because of their disability or immaturity, a session of not
29     less than one clock hour may be counted as 1/2 day of
30     attendance; however for such children whose educational
31     needs so require a session of 4 or more clock hours may be
32     counted as a full day of attendance.
33         (h) A recognized kindergarten which provides for only
34     1/2 day of attendance by each pupil shall not have more
35     than 1/2 day of attendance counted in any one day. However,
36     kindergartens may count 2 1/2 days of attendance in any 5

 

 

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1     consecutive school days. When a pupil attends such a
2     kindergarten for 2 half days on any one school day, the
3     pupil shall have the following day as a day absent from
4     school, unless the school district obtains permission in
5     writing from the State Superintendent of Education.
6     Attendance at kindergartens which provide for a full day of
7     attendance by each pupil shall be counted the same as
8     attendance by first grade pupils. Only the first year of
9     attendance in one kindergarten shall be counted, except in
10     case of children who entered the kindergarten in their
11     fifth year whose educational development requires a second
12     year of kindergarten as determined under the rules and
13     regulations of the State Board of Education.
 
14 (G) Equalized Assessed Valuation Data.
15     (1) For purposes of the calculation of Available Local
16 Resources required pursuant to subsection (D), the State Board
17 of Education shall secure from the Department of Revenue the
18 value as equalized or assessed by the Department of Revenue of
19 all taxable property of every school district, together with
20 (i) the applicable tax rate used in extending taxes for the
21 funds of the district as of September 30 of the previous year
22 and (ii) the limiting rate for all school districts subject to
23 property tax extension limitations as imposed under the
24 Property Tax Extension Limitation Law.
25     This equalized assessed valuation, as adjusted further by
26 the requirements of this subsection, shall be utilized in the
27 calculation of Available Local Resources.
28     (2) The equalized assessed valuation in paragraph (1) shall
29 be adjusted, as applicable, in the following manner:
30         (a) For the purposes of calculating State aid under
31     this Section, with respect to any part of a school district
32     within a redevelopment project area in respect to which a
33     municipality has adopted tax increment allocation
34     financing pursuant to the Tax Increment Allocation
35     Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11

 

 

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1     of the Illinois Municipal Code or the Industrial Jobs
2     Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
3     Illinois Municipal Code, no part of the current equalized
4     assessed valuation of real property located in any such
5     project area which is attributable to an increase above the
6     total initial equalized assessed valuation of such
7     property shall be used as part of the equalized assessed
8     valuation of the district, until such time as all
9     redevelopment project costs have been paid, as provided in
10     Section 11-74.4-8 of the Tax Increment Allocation
11     Redevelopment Act or in Section 11-74.6-35 of the
12     Industrial Jobs Recovery Law. For the purpose of the
13     equalized assessed valuation of the district, the total
14     initial equalized assessed valuation or the current
15     equalized assessed valuation, whichever is lower, shall be
16     used until such time as all redevelopment project costs
17     have been paid.
18         (b) The real property equalized assessed valuation for
19     a school district shall be adjusted by subtracting from the
20     real property value as equalized or assessed by the
21     Department of Revenue for the district an amount computed
22     by dividing the amount of any abatement of taxes under
23     Section 18-170 of the Property Tax Code by 3.00% for a
24     district maintaining grades kindergarten through 12, by
25     2.30% for a district maintaining grades kindergarten
26     through 8, or by 1.05% for a district maintaining grades 9
27     through 12 and adjusted by an amount computed by dividing
28     the amount of any abatement of taxes under subsection (a)
29     of Section 18-165 of the Property Tax Code by the same
30     percentage rates for district type as specified in this
31     subparagraph (b).
32     (3) For the 1999-2000 school year and each school year
33 thereafter, if a school district meets all of the criteria of
34 this subsection (G)(3), the school district's Available Local
35 Resources shall be calculated under subsection (D) using the
36 district's Extension Limitation Equalized Assessed Valuation

 

 

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1 as calculated under this subsection (G)(3).
2     For purposes of this subsection (G)(3) the following terms
3 shall have the following meanings:
4         "Budget Year": The school year for which general State
5     aid is calculated and awarded under subsection (E).
6         "Base Tax Year": The property tax levy year used to
7     calculate the Budget Year allocation of general State aid.
8         "Preceding Tax Year": The property tax levy year
9     immediately preceding the Base Tax Year.
10         "Base Tax Year's Tax Extension": The product of the
11     equalized assessed valuation utilized by the County Clerk
12     in the Base Tax Year multiplied by the limiting rate as
13     calculated by the County Clerk and defined in the Property
14     Tax Extension Limitation Law.
15         "Preceding Tax Year's Tax Extension": The product of
16     the equalized assessed valuation utilized by the County
17     Clerk in the Preceding Tax Year multiplied by the Operating
18     Tax Rate as defined in subsection (A).
19         "Extension Limitation Ratio": A numerical ratio,
20     certified by the County Clerk, in which the numerator is
21     the Base Tax Year's Tax Extension and the denominator is
22     the Preceding Tax Year's Tax Extension.
23         "Operating Tax Rate": The operating tax rate as defined
24     in subsection (A).
25     If a school district is subject to property tax extension
26 limitations as imposed under the Property Tax Extension
27 Limitation Law, the State Board of Education shall calculate
28 the Extension Limitation Equalized Assessed Valuation of that
29 district. For the 1999-2000 school year, the Extension
30 Limitation Equalized Assessed Valuation of a school district as
31 calculated by the State Board of Education shall be equal to
32 the product of the district's 1996 Equalized Assessed Valuation
33 and the district's Extension Limitation Ratio. For the
34 2000-2001 school year and each school year thereafter, the
35 Extension Limitation Equalized Assessed Valuation of a school
36 district as calculated by the State Board of Education shall be

 

 

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1 equal to the product of the Equalized Assessed Valuation last
2 used in the calculation of general State aid and the district's
3 Extension Limitation Ratio. If the Extension Limitation
4 Equalized Assessed Valuation of a school district as calculated
5 under this subsection (G)(3) is less than the district's
6 equalized assessed valuation as calculated pursuant to
7 subsections (G)(1) and (G)(2), then for purposes of calculating
8 the district's general State aid for the Budget Year pursuant
9 to subsection (E), that Extension Limitation Equalized
10 Assessed Valuation shall be utilized to calculate the
11 district's Available Local Resources under subsection (D).
12     (4) For the purposes of calculating general State aid for
13 the 1999-2000 school year only, if a school district
14 experienced a triennial reassessment on the equalized assessed
15 valuation used in calculating its general State financial aid
16 apportionment for the 1998-1999 school year, the State Board of
17 Education shall calculate the Extension Limitation Equalized
18 Assessed Valuation that would have been used to calculate the
19 district's 1998-1999 general State aid. This amount shall equal
20 the product of the equalized assessed valuation used to
21 calculate general State aid for the 1997-1998 school year and
22 the district's Extension Limitation Ratio. If the Extension
23 Limitation Equalized Assessed Valuation of the school district
24 as calculated under this paragraph (4) is less than the
25 district's equalized assessed valuation utilized in
26 calculating the district's 1998-1999 general State aid
27 allocation, then for purposes of calculating the district's
28 general State aid pursuant to paragraph (5) of subsection (E),
29 that Extension Limitation Equalized Assessed Valuation shall
30 be utilized to calculate the district's Available Local
31 Resources.
32     (5) For school districts having a majority of their
33 equalized assessed valuation in any county except Cook, DuPage,
34 Kane, Lake, McHenry, or Will, if the amount of general State
35 aid allocated to the school district for the 1999-2000 school
36 year under the provisions of subsection (E), (H), and (J) of

 

 

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1 this Section is less than the amount of general State aid
2 allocated to the district for the 1998-1999 school year under
3 these subsections, then the general State aid of the district
4 for the 1999-2000 school year only shall be increased by the
5 difference between these amounts. The total payments made under
6 this paragraph (5) shall not exceed $14,000,000. Claims shall
7 be prorated if they exceed $14,000,000.
 
8 (H) Supplemental General State Aid.
9     (1) In addition to the general State aid a school district
10 is allotted pursuant to subsection (E), qualifying school
11 districts shall receive a grant, paid in conjunction with a
12 district's payments of general State aid, for supplemental
13 general State aid based upon the concentration level of
14 children from low-income households within the school
15 district. Supplemental State aid grants provided for school
16 districts under this subsection shall be appropriated for
17 distribution to school districts as part of the same line item
18 in which the general State financial aid of school districts is
19 appropriated under this Section. If the appropriation in any
20 fiscal year for general State aid and supplemental general
21 State aid is insufficient to pay the amounts required under the
22 general State aid and supplemental general State aid
23 calculations, then the State Board of Education shall ensure
24 that each school district receives the full amount due for
25 general State aid and the remainder of the appropriation shall
26 be used for supplemental general State aid, which the State
27 Board of Education shall calculate and pay to eligible
28 districts on a prorated basis.
29     (1.5) This paragraph (1.5) applies only to those school
30 years preceding the 2003-2004 school year. For purposes of this
31 subsection (H), the term "Low-Income Concentration Level"
32 shall be the low-income eligible pupil count from the most
33 recently available federal census divided by the Average Daily
34 Attendance of the school district. If, however, (i) the
35 percentage decrease from the 2 most recent federal censuses in

 

 

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1 the low-income eligible pupil count of a high school district
2 with fewer than 400 students exceeds by 75% or more the
3 percentage change in the total low-income eligible pupil count
4 of contiguous elementary school districts, whose boundaries
5 are coterminous with the high school district, or (ii) a high
6 school district within 2 counties and serving 5 elementary
7 school districts, whose boundaries are coterminous with the
8 high school district, has a percentage decrease from the 2 most
9 recent federal censuses in the low-income eligible pupil count
10 and there is a percentage increase in the total low-income
11 eligible pupil count of a majority of the elementary school
12 districts in excess of 50% from the 2 most recent federal
13 censuses, then the high school district's low-income eligible
14 pupil count from the earlier federal census shall be the number
15 used as the low-income eligible pupil count for the high school
16 district, for purposes of this subsection (H). The changes made
17 to this paragraph (1) by Public Act 92-28 shall apply to
18 supplemental general State aid grants for school years
19 preceding the 2003-2004 school year that are paid in fiscal
20 year 1999 or thereafter and to any State aid payments made in
21 fiscal year 1994 through fiscal year 1998 pursuant to
22 subsection 1(n) of Section 18-8 of this Code (which was
23 repealed on July 1, 1998), and any high school district that is
24 affected by Public Act 92-28 is entitled to a recomputation of
25 its supplemental general State aid grant or State aid paid in
26 any of those fiscal years. This recomputation shall not be
27 affected by any other funding.
28     (1.10) This paragraph (1.10) applies to the 2003-2004
29 school year and each school year thereafter. For purposes of
30 this subsection (H), the term "Low-Income Concentration Level"
31 shall, for each fiscal year, be the low-income eligible pupil
32 count as of July 1 of the immediately preceding fiscal year (as
33 determined by the Department of Human Services based on the
34 number of pupils who are eligible for at least one of the
35 following low income programs: Medicaid, KidCare, TANF, or Food
36 Stamps, excluding pupils who are eligible for services provided

 

 

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1 by the Department of Children and Family Services, averaged
2 over the 2 immediately preceding fiscal years for fiscal year
3 2004 and over the 3 immediately preceding fiscal years for each
4 fiscal year thereafter) divided by the Average Daily Attendance
5 of the school district.
6     (2) Supplemental general State aid pursuant to this
7 subsection (H) shall be provided as follows for the 1998-1999,
8 1999-2000, and 2000-2001 school years only:
9         (a) For any school district with a Low Income
10     Concentration Level of at least 20% and less than 35%, the
11     grant for any school year shall be $800 multiplied by the
12     low income eligible pupil count.
13         (b) For any school district with a Low Income
14     Concentration Level of at least 35% and less than 50%, the
15     grant for the 1998-1999 school year shall be $1,100
16     multiplied by the low income eligible pupil count.
17         (c) For any school district with a Low Income
18     Concentration Level of at least 50% and less than 60%, the
19     grant for the 1998-99 school year shall be $1,500
20     multiplied by the low income eligible pupil count.
21         (d) For any school district with a Low Income
22     Concentration Level of 60% or more, the grant for the
23     1998-99 school year shall be $1,900 multiplied by the low
24     income eligible pupil count.
25         (e) For the 1999-2000 school year, the per pupil amount
26     specified in subparagraphs (b), (c), and (d) immediately
27     above shall be increased to $1,243, $1,600, and $2,000,
28     respectively.
29         (f) For the 2000-2001 school year, the per pupil
30     amounts specified in subparagraphs (b), (c), and (d)
31     immediately above shall be $1,273, $1,640, and $2,050,
32     respectively.
33     (2.5) Supplemental general State aid pursuant to this
34 subsection (H) shall be provided as follows for the 2002-2003
35 school year:
36         (a) For any school district with a Low Income

 

 

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1     Concentration Level of less than 10%, the grant for each
2     school year shall be $355 multiplied by the low income
3     eligible pupil count.
4         (b) For any school district with a Low Income
5     Concentration Level of at least 10% and less than 20%, the
6     grant for each school year shall be $675 multiplied by the
7     low income eligible pupil count.
8         (c) For any school district with a Low Income
9     Concentration Level of at least 20% and less than 35%, the
10     grant for each school year shall be $1,330 multiplied by
11     the low income eligible pupil count.
12         (d) For any school district with a Low Income
13     Concentration Level of at least 35% and less than 50%, the
14     grant for each school year shall be $1,362 multiplied by
15     the low income eligible pupil count.
16         (e) For any school district with a Low Income
17     Concentration Level of at least 50% and less than 60%, the
18     grant for each school year shall be $1,680 multiplied by
19     the low income eligible pupil count.
20         (f) For any school district with a Low Income
21     Concentration Level of 60% or more, the grant for each
22     school year shall be $2,080 multiplied by the low income
23     eligible pupil count.
24     (2.10) Except as otherwise provided, supplemental general
25 State aid pursuant to this subsection (H) shall be provided as
26 follows for the 2003-2004 school year and each school year
27 thereafter:
28         (a) For any school district with a Low Income
29     Concentration Level of 15% or less, the grant for each
30     school year shall be $355 multiplied by the low income
31     eligible pupil count.
32         (b) For any school district with a Low Income
33     Concentration Level greater than 15%, the grant for each
34     school year shall be $294.25 added to the product of $2,700
35     and the square of the Low Income Concentration Level, all
36     multiplied by the low income eligible pupil count.

 

 

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1     For the 2003-2004 school year only, the grant shall be no
2 less than the grant for the 2002-2003 school year. For the
3 2004-2005 school year only, the grant shall be no less than the
4 grant for the 2002-2003 school year multiplied by 0.66. For the
5 2005-2006 school year only, the grant shall be no less than the
6 grant for the 2002-2003 school year multiplied by 0.33.
7     For the 2003-2004 school year only, the grant shall be no
8 greater than the grant received during the 2002-2003 school
9 year added to the product of 0.25 multiplied by the difference
10 between the grant amount calculated under subsection (a) or (b)
11 of this paragraph (2.10), whichever is applicable, and the
12 grant received during the 2002-2003 school year. For the
13 2004-2005 school year only, the grant shall be no greater than
14 the grant received during the 2002-2003 school year added to
15 the product of 0.50 multiplied by the difference between the
16 grant amount calculated under subsection (a) or (b) of this
17 paragraph (2.10), whichever is applicable, and the grant
18 received during the 2002-2003 school year. For the 2005-2006
19 school year only, the grant shall be no greater than the grant
20 received during the 2002-2003 school year added to the product
21 of 0.75 multiplied by the difference between the grant amount
22 calculated under subsection (a) or (b) of this paragraph
23 (2.10), whichever is applicable, and the grant received during
24 the 2002-2003 school year.
25     (3) School districts with an Average Daily Attendance of
26 more than 1,000 and less than 50,000 that qualify for
27 supplemental general State aid pursuant to this subsection
28 shall submit a plan to the State Board of Education prior to
29 October 30 of each year for the use of the funds resulting from
30 this grant of supplemental general State aid for the
31 improvement of instruction in which priority is given to
32 meeting the education needs of disadvantaged children. Such
33 plan shall be submitted in accordance with rules and
34 regulations promulgated by the State Board of Education.
35     (4) School districts with an Average Daily Attendance of
36 50,000 or more that qualify for supplemental general State aid

 

 

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1 pursuant to this subsection shall be required to distribute
2 from funds available pursuant to this Section, no less than
3 $261,000,000 in accordance with the following requirements:
4         (a) The required amounts shall be distributed to the
5     attendance centers within the district in proportion to the
6     number of pupils enrolled at each attendance center who are
7     eligible to receive free or reduced-price lunches or
8     breakfasts under the federal Child Nutrition Act of 1966
9     and under the National School Lunch Act during the
10     immediately preceding school year.
11         (b) The distribution of these portions of supplemental
12     and general State aid among attendance centers according to
13     these requirements shall not be compensated for or
14     contravened by adjustments of the total of other funds
15     appropriated to any attendance centers, and the Board of
16     Education shall utilize funding from one or several sources
17     in order to fully implement this provision annually prior
18     to the opening of school.
19         (c) Each attendance center shall be provided by the
20     school district a distribution of noncategorical funds and
21     other categorical funds to which an attendance center is
22     entitled under law in order that the general State aid and
23     supplemental general State aid provided by application of
24     this subsection supplements rather than supplants the
25     noncategorical funds and other categorical funds provided
26     by the school district to the attendance centers.
27         (d) Any funds made available under this subsection that
28     by reason of the provisions of this subsection are not
29     required to be allocated and provided to attendance centers
30     may be used and appropriated by the board of the district
31     for any lawful school purpose.
32         (e) Funds received by an attendance center pursuant to
33     this subsection shall be used by the attendance center at
34     the discretion of the principal and local school council
35     for programs to improve educational opportunities at
36     qualifying schools through the following programs and

 

 

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1     services: early childhood education, reduced class size or
2     improved adult to student classroom ratio, enrichment
3     programs, remedial assistance, attendance improvement, and
4     other educationally beneficial expenditures which
5     supplement the regular and basic programs as determined by
6     the State Board of Education. Funds provided shall not be
7     expended for any political or lobbying purposes as defined
8     by board rule.
9         (f) Each district subject to the provisions of this
10     subdivision (H)(4) shall submit an acceptable plan to meet
11     the educational needs of disadvantaged children, in
12     compliance with the requirements of this paragraph, to the
13     State Board of Education prior to July 15 of each year.
14     This plan shall be consistent with the decisions of local
15     school councils concerning the school expenditure plans
16     developed in accordance with part 4 of Section 34-2.3. The
17     State Board shall approve or reject the plan within 60 days
18     after its submission. If the plan is rejected, the district
19     shall give written notice of intent to modify the plan
20     within 15 days of the notification of rejection and then
21     submit a modified plan within 30 days after the date of the
22     written notice of intent to modify. Districts may amend
23     approved plans pursuant to rules promulgated by the State
24     Board of Education.
25         Upon notification by the State Board of Education that
26     the district has not submitted a plan prior to July 15 or a
27     modified plan within the time period specified herein, the
28     State aid funds affected by that plan or modified plan
29     shall be withheld by the State Board of Education until a
30     plan or modified plan is submitted.
31         If the district fails to distribute State aid to
32     attendance centers in accordance with an approved plan, the
33     plan for the following year shall allocate funds, in
34     addition to the funds otherwise required by this
35     subsection, to those attendance centers which were
36     underfunded during the previous year in amounts equal to

 

 

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1     such underfunding.
2         For purposes of determining compliance with this
3     subsection in relation to the requirements of attendance
4     center funding, each district subject to the provisions of
5     this subsection shall submit as a separate document by
6     December 1 of each year a report of expenditure data for
7     the prior year in addition to any modification of its
8     current plan. If it is determined that there has been a
9     failure to comply with the expenditure provisions of this
10     subsection regarding contravention or supplanting, the
11     State Superintendent of Education shall, within 60 days of
12     receipt of the report, notify the district and any affected
13     local school council. The district shall within 45 days of
14     receipt of that notification inform the State
15     Superintendent of Education of the remedial or corrective
16     action to be taken, whether by amendment of the current
17     plan, if feasible, or by adjustment in the plan for the
18     following year. Failure to provide the expenditure report
19     or the notification of remedial or corrective action in a
20     timely manner shall result in a withholding of the affected
21     funds.
22         The State Board of Education shall promulgate rules and
23     regulations to implement the provisions of this
24     subsection. No funds shall be released under this
25     subdivision (H)(4) to any district that has not submitted a
26     plan that has been approved by the State Board of
27     Education.
 
28 (I) General State Aid for Newly Configured School Districts.
29     (1) For a new school district formed by combining property
30 included totally within 2 or more previously existing school
31 districts, for its first year of existence the general State
32 aid and supplemental general State aid calculated under this
33 Section shall be computed for the new district and for the
34 previously existing districts for which property is totally
35 included within the new district. If the computation on the

 

 

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1 basis of the previously existing districts is greater, a
2 supplementary payment equal to the difference shall be made for
3 the first 4 years of existence of the new district.
4     (2) For a school district which annexes all of the
5 territory of one or more entire other school districts, for the
6 first year during which the change of boundaries attributable
7 to such annexation becomes effective for all purposes as
8 determined under Section 7-9 or 7A-8, the general State aid and
9 supplemental general State aid calculated under this Section
10 shall be computed for the annexing district as constituted
11 after the annexation and for the annexing and each annexed
12 district as constituted prior to the annexation; and if the
13 computation on the basis of the annexing and annexed districts
14 as constituted prior to the annexation is greater, a
15 supplementary payment equal to the difference shall be made for
16 the first 4 years of existence of the annexing school district
17 as constituted upon such annexation.
18     (3) For 2 or more school districts which annex all of the
19 territory of one or more entire other school districts, and for
20 2 or more community unit districts which result upon the
21 division (pursuant to petition under Section 11A-2) of one or
22 more other unit school districts into 2 or more parts and which
23 together include all of the parts into which such other unit
24 school district or districts are so divided, for the first year
25 during which the change of boundaries attributable to such
26 annexation or division becomes effective for all purposes as
27 determined under Section 7-9 or 11A-10, as the case may be, the
28 general State aid and supplemental general State aid calculated
29 under this Section shall be computed for each annexing or
30 resulting district as constituted after the annexation or
31 division and for each annexing and annexed district, or for
32 each resulting and divided district, as constituted prior to
33 the annexation or division; and if the aggregate of the general
34 State aid and supplemental general State aid as so computed for
35 the annexing or resulting districts as constituted after the
36 annexation or division is less than the aggregate of the

 

 

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1 general State aid and supplemental general State aid as so
2 computed for the annexing and annexed districts, or for the
3 resulting and divided districts, as constituted prior to the
4 annexation or division, then a supplementary payment equal to
5 the difference shall be made and allocated between or among the
6 annexing or resulting districts, as constituted upon such
7 annexation or division, for the first 4 years of their
8 existence. The total difference payment shall be allocated
9 between or among the annexing or resulting districts in the
10 same ratio as the pupil enrollment from that portion of the
11 annexed or divided district or districts which is annexed to or
12 included in each such annexing or resulting district bears to
13 the total pupil enrollment from the entire annexed or divided
14 district or districts, as such pupil enrollment is determined
15 for the school year last ending prior to the date when the
16 change of boundaries attributable to the annexation or division
17 becomes effective for all purposes. The amount of the total
18 difference payment and the amount thereof to be allocated to
19 the annexing or resulting districts shall be computed by the
20 State Board of Education on the basis of pupil enrollment and
21 other data which shall be certified to the State Board of
22 Education, on forms which it shall provide for that purpose, by
23 the regional superintendent of schools for each educational
24 service region in which the annexing and annexed districts, or
25 resulting and divided districts are located.
26     (3.5) Claims for financial assistance under this
27 subsection (I) shall not be recomputed except as expressly
28 provided under this Section.
29     (4) Any supplementary payment made under this subsection
30 (I) shall be treated as separate from all other payments made
31 pursuant to this Section.
 
32 (J) Supplementary Grants in Aid.
33     (1) Notwithstanding any other provisions of this Section,
34 the amount of the aggregate general State aid in combination
35 with supplemental general State aid under this Section for

 

 

HB6810 - 25 - LRB093 16548 NHT 47231 b

1 which each school district is eligible shall be no less than
2 the amount of the aggregate general State aid entitlement that
3 was received by the district under Section 18-8 (exclusive of
4 amounts received under subsections 5(p) and 5(p-5) of that
5 Section) for the 1997-98 school year, pursuant to the
6 provisions of that Section as it was then in effect. If a
7 school district qualifies to receive a supplementary payment
8 made under this subsection (J), the amount of the aggregate
9 general State aid in combination with supplemental general
10 State aid under this Section which that district is eligible to
11 receive for each school year shall be no less than the amount
12 of the aggregate general State aid entitlement that was
13 received by the district under Section 18-8 (exclusive of
14 amounts received under subsections 5(p) and 5(p-5) of that
15 Section) for the 1997-1998 school year, pursuant to the
16 provisions of that Section as it was then in effect.
17     (2) If, as provided in paragraph (1) of this subsection
18 (J), a school district is to receive aggregate general State
19 aid in combination with supplemental general State aid under
20 this Section for the 1998-99 school year and any subsequent
21 school year that in any such school year is less than the
22 amount of the aggregate general State aid entitlement that the
23 district received for the 1997-98 school year, the school
24 district shall also receive, from a separate appropriation made
25 for purposes of this subsection (J), a supplementary payment
26 that is equal to the amount of the difference in the aggregate
27 State aid figures as described in paragraph (1).
28     (3) (Blank).
 
29 (K) Grants to Laboratory and Alternative Schools.
30     In calculating the amount to be paid to the governing board
31 of a public university that operates a laboratory school under
32 this Section or to any alternative school that is operated by a
33 regional superintendent of schools, the State Board of
34 Education shall require by rule such reporting requirements as
35 it deems necessary.

 

 

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1     As used in this Section, "laboratory school" means a public
2 school which is created and operated by a public university and
3 approved by the State Board of Education. The governing board
4 of a public university which receives funds from the State
5 Board under this subsection (K) may not increase the number of
6 students enrolled in its laboratory school from a single
7 district, if that district is already sending 50 or more
8 students, except under a mutual agreement between the school
9 board of a student's district of residence and the university
10 which operates the laboratory school. A laboratory school may
11 not have more than 1,000 students, excluding students with
12 disabilities in a special education program.
13     As used in this Section, "alternative school" means a
14 public school which is created and operated by a Regional
15 Superintendent of Schools and approved by the State Board of
16 Education. Such alternative schools may offer courses of
17 instruction for which credit is given in regular school
18 programs, courses to prepare students for the high school
19 equivalency testing program or vocational and occupational
20 training. A regional superintendent of schools may contract
21 with a school district or a public community college district
22 to operate an alternative school. An alternative school serving
23 more than one educational service region may be established by
24 the regional superintendents of schools of the affected
25 educational service regions. An alternative school serving
26 more than one educational service region may be operated under
27 such terms as the regional superintendents of schools of those
28 educational service regions may agree.
29     Each laboratory and alternative school shall file, on forms
30 provided by the State Superintendent of Education, an annual
31 State aid claim which states the Average Daily Attendance of
32 the school's students by month. The best 3 months' Average
33 Daily Attendance shall be computed for each school. The general
34 State aid entitlement shall be computed by multiplying the
35 applicable Average Daily Attendance by the Foundation Level as
36 determined under this Section.
 

 

 

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1 (L) Payments, Additional Grants in Aid and Other Requirements.
2     (1) For a school district operating under the financial
3 supervision of an Authority created under Article 34A, the
4 general State aid otherwise payable to that district under this
5 Section, but not the supplemental general State aid, shall be
6 reduced by an amount equal to the budget for the operations of
7 the Authority as certified by the Authority to the State Board
8 of Education, and an amount equal to such reduction shall be
9 paid to the Authority created for such district for its
10 operating expenses in the manner provided in Section 18-11. The
11 remainder of general State school aid for any such district
12 shall be paid in accordance with Article 34A when that Article
13 provides for a disposition other than that provided by this
14 Article.
15     (2) (Blank).
16     (3) Summer school. Summer school payments shall be made as
17 provided in Section 18-4.3.
 
18 (M) Education Funding Advisory Board.
19     The Education Funding Advisory Board, hereinafter in this
20 subsection (M) referred to as the "Board", is hereby created.
21 The Board shall consist of 5 members who are appointed by the
22 Governor, by and with the advice and consent of the Senate. The
23 members appointed shall include representatives of education,
24 business, and the general public. One of the members so
25 appointed shall be designated by the Governor at the time the
26 appointment is made as the chairperson of the Board. The
27 initial members of the Board may be appointed any time after
28 the effective date of this amendatory Act of 1997. The regular
29 term of each member of the Board shall be for 4 years from the
30 third Monday of January of the year in which the term of the
31 member's appointment is to commence, except that of the 5
32 initial members appointed to serve on the Board, the member who
33 is appointed as the chairperson shall serve for a term that
34 commences on the date of his or her appointment and expires on

 

 

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1 the third Monday of January, 2002, and the remaining 4 members,
2 by lots drawn at the first meeting of the Board that is held
3 after all 5 members are appointed, shall determine 2 of their
4 number to serve for terms that commence on the date of their
5 respective appointments and expire on the third Monday of
6 January, 2001, and 2 of their number to serve for terms that
7 commence on the date of their respective appointments and
8 expire on the third Monday of January, 2000. All members
9 appointed to serve on the Board shall serve until their
10 respective successors are appointed and confirmed. Vacancies
11 shall be filled in the same manner as original appointments. If
12 a vacancy in membership occurs at a time when the Senate is not
13 in session, the Governor shall make a temporary appointment
14 until the next meeting of the Senate, when he or she shall
15 appoint, by and with the advice and consent of the Senate, a
16 person to fill that membership for the unexpired term. If the
17 Senate is not in session when the initial appointments are
18 made, those appointments shall be made as in the case of
19 vacancies.
20     The Education Funding Advisory Board shall be deemed
21 established, and the initial members appointed by the Governor
22 to serve as members of the Board shall take office, on the date
23 that the Governor makes his or her appointment of the fifth
24 initial member of the Board, whether those initial members are
25 then serving pursuant to appointment and confirmation or
26 pursuant to temporary appointments that are made by the
27 Governor as in the case of vacancies.
28     The State Board of Education shall provide such staff
29 assistance to the Education Funding Advisory Board as is
30 reasonably required for the proper performance by the Board of
31 its responsibilities.
32     For school years after the 2000-2001 school year, the
33 Education Funding Advisory Board, in consultation with the
34 State Board of Education, shall make recommendations as
35 provided in this subsection (M) to the General Assembly for the
36 foundation level under subdivision (B)(3) of this Section and

 

 

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1 for the supplemental general State aid grant level under
2 subsection (H) of this Section for districts with high
3 concentrations of children from poverty. The recommended
4 foundation level shall be determined based on a methodology
5 which incorporates the basic education expenditures of
6 low-spending schools exhibiting high academic performance. The
7 Education Funding Advisory Board shall make such
8 recommendations to the General Assembly on January 1 of odd
9 numbered years, beginning January 1, 2001.
 
10 (N) (Blank).
 
11 (O) References.
12     (1) References in other laws to the various subdivisions of
13 Section 18-8 as that Section existed before its repeal and
14 replacement by this Section 18-8.05 shall be deemed to refer to
15 the corresponding provisions of this Section 18-8.05, to the
16 extent that those references remain applicable.
17     (2) References in other laws to State Chapter 1 funds shall
18 be deemed to refer to the supplemental general State aid
19 provided under subsection (H) of this Section.
20 (Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29,
21 eff. 7-1-01; 92-269, eff. 8-7-01; 92-604, eff. 7-1-02; 92-636,
22 eff. 7-11-02; 92-651, eff. 7-11-02; 93-21, eff. 7-1-03.)
 
23     Section 99. Effective date. This Act takes effect July 1,
24 2004.