Sen. Kimberly A. Lightford

Filed: 4/29/2010

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2254

2     AMENDMENT NO. ______. Amend House Bill 2254 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Sections
5 13-44.2, 13-45, and 18-8.05 as follows:
 
6     (105 ILCS 5/13-44.2)  (from Ch. 122, par. 13-44.2)
7     Sec. 13-44.2. There shall be no restriction as to the age
8 of students in this program, and regardless of the age of its
9 students, the district shall have all the benefits, financial
10 and otherwise, that are accorded to other school districts,
11 including State and Federal grants and aid, Common School
12 Funds, and Vocational Rehabilitation Funds. In calculating
13 such benefits, including calculation of Average Daily
14 Attendance under subsection (C) of Section 18-8.05 of this
15 Code, those students inmates or wards who have not completed
16 grade or high school and those taking vocational courses and

 

 

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1 advanced courses shall be included.
2 (Source: P.A. 86-1028.)
 
3     (105 ILCS 5/13-45)  (from Ch. 122, par. 13-45)
4     Sec. 13-45. Other provisions of this Code shall not apply
5 to the Department of Juvenile Justice School District being all
6 of the following Articles and Sections: Articles 7, 8, 9, those
7 sections of Article 10 in conflict with any provisions of
8 Sections 13-40 through 13-45, and Articles 11, 12, 15, 17, 18,
9 19, 19A, 20, 22, 24, 26, 31, 32, 33, and 34. Also Article 28
10 shall not apply except that this School District may use any
11 funds available from State, Federal and other funds for the
12 purchase of textbooks, apparatus and equipment.
13 (Source: P.A. 96-328, eff. 8-11-09.)
 
14     (105 ILCS 5/18-8.05)
15     Sec. 18-8.05. Basis for apportionment of general State
16 financial aid and supplemental general State aid to the common
17 schools for the 1998-1999 and subsequent school years.
 
18 (A) General Provisions.
19     (1) The provisions of this Section apply to the 1998-1999
20 and subsequent school years. The system of general State
21 financial aid provided for in this Section is designed to
22 assure that, through a combination of State financial aid and
23 required local resources, the financial support provided each

 

 

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1 pupil in Average Daily Attendance equals or exceeds a
2 prescribed per pupil Foundation Level. This formula approach
3 imputes a level of per pupil Available Local Resources and
4 provides for the basis to calculate a per pupil level of
5 general State financial aid that, when added to Available Local
6 Resources, equals or exceeds the Foundation Level. The amount
7 of per pupil general State financial aid for school districts,
8 in general, varies in inverse relation to Available Local
9 Resources. Per pupil amounts are based upon each school
10 district's Average Daily Attendance as that term is defined in
11 this Section.
12     (2) In addition to general State financial aid, school
13 districts with specified levels or concentrations of pupils
14 from low income households are eligible to receive supplemental
15 general State financial aid grants as provided pursuant to
16 subsection (H). The supplemental State aid grants provided for
17 school districts under subsection (H) shall be appropriated for
18 distribution to school districts as part of the same line item
19 in which the general State financial aid of school districts is
20 appropriated under this Section.
21     (3) To receive financial assistance under this Section,
22 school districts are required to file claims with the State
23 Board of Education, subject to the following requirements:
24         (a) Any school district which fails for any given
25     school year to maintain school as required by law, or to
26     maintain a recognized school is not eligible to file for

 

 

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1     such school year any claim upon the Common School Fund. In
2     case of nonrecognition of one or more attendance centers in
3     a school district otherwise operating recognized schools,
4     the claim of the district shall be reduced in the
5     proportion which the Average Daily Attendance in the
6     attendance center or centers bear to the Average Daily
7     Attendance in the school district. A "recognized school"
8     means any public school which meets the standards as
9     established for recognition by the State Board of
10     Education. A school district or attendance center not
11     having recognition status at the end of a school term is
12     entitled to receive State aid payments due upon a legal
13     claim which was filed while it was recognized.
14         (b) School district claims filed under this Section are
15     subject to Sections 18-9 and 18-12, except as otherwise
16     provided in this Section.
17         (c) If a school district operates a full year school
18     under Section 10-19.1, the general State aid to the school
19     district shall be determined by the State Board of
20     Education in accordance with this Section as near as may be
21     applicable.
22         (d) (Blank).
23     (4) Except as provided in subsections (H) and (L), the
24 board of any district receiving any of the grants provided for
25 in this Section may apply those funds to any fund so received
26 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.
 

 

 

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1 (B) Foundation Level.
2     (1) The Foundation Level is a figure established by the
3 State representing the minimum level of per pupil financial
4 support that should be available to provide for the basic
5 education of each pupil in Average Daily Attendance. As set
6 forth in this Section, each school district is assumed to exert
7 a sufficient local taxing effort such that, in combination with
8 the aggregate of general State financial aid provided the
9 district, an aggregate of State and local resources are
10 available to meet the basic education needs of pupils in the
11 district.
12     (2) For the 1998-1999 school year, the Foundation Level of
13 support is $4,225. For the 1999-2000 school year, the
14 Foundation Level of support is $4,325. For the 2000-2001 school
15 year, the Foundation Level of support is $4,425. For the
16 2001-2002 school year and 2002-2003 school year, the Foundation
17 Level of support is $4,560. For the 2003-2004 school year, the
18 Foundation Level of support is $4,810. For the 2004-2005 school
19 year, the Foundation Level of support is $4,964. For the
20 2005-2006 school year, the Foundation Level of support is
21 $5,164. For the 2006-2007 school year, the Foundation Level of
22 support is $5,334. For the 2007-2008 school year, the
23 Foundation Level of support is $5,734. For the 2008-2009 school
24 year, the Foundation Level of support is $5,959.
25     (3) For the 2009-2010 school year and each school year

 

 

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1 thereafter, the Foundation Level of support is $6,119 or such
2 greater amount as may be established by law by the General
3 Assembly.
 
4 (C) Average Daily Attendance.
5     (1) For purposes of calculating general State aid pursuant
6 to subsection (E), an Average Daily Attendance figure shall be
7 utilized. The Average Daily Attendance figure for formula
8 calculation purposes shall be the monthly average of the actual
9 number of pupils in attendance of each school district, as
10 further averaged for the best 3 months of pupil attendance for
11 each school district. In compiling the figures for the number
12 of pupils in attendance, school districts and the State Board
13 of Education shall, for purposes of general State aid funding,
14 conform attendance figures to the requirements of subsection
15 (F).
16     (2) The Average Daily Attendance figures utilized in
17 subsection (E) shall be the requisite attendance data for the
18 school year immediately preceding the school year for which
19 general State aid is being calculated or the average of the
20 attendance data for the 3 preceding school years, whichever is
21 greater. The Average Daily Attendance figures utilized in
22 subsection (H) shall be the requisite attendance data for the
23 school year immediately preceding the school year for which
24 general State aid is being calculated.
 

 

 

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1 (D) Available Local Resources.
2     (1) For purposes of calculating general State aid pursuant
3 to subsection (E), a representation of Available Local
4 Resources per pupil, as that term is defined and determined in
5 this subsection, shall be utilized. Available Local Resources
6 per pupil shall include a calculated dollar amount representing
7 local school district revenues from local property taxes and
8 from Corporate Personal Property Replacement Taxes, expressed
9 on the basis of pupils in Average Daily Attendance. Calculation
10 of Available Local Resources shall exclude any tax amnesty
11 funds received as a result of Public Act 93-26.
12     (2) In determining a school district's revenue from local
13 property taxes, the State Board of Education shall utilize the
14 equalized assessed valuation of all taxable property of each
15 school district as of September 30 of the previous year. The
16 equalized assessed valuation utilized shall be obtained and
17 determined as provided in subsection (G).
18     (3) For school districts maintaining grades kindergarten
19 through 12, local property tax revenues per pupil shall be
20 calculated as the product of the applicable equalized assessed
21 valuation for the district multiplied by 3.00%, and divided by
22 the district's Average Daily Attendance figure. For school
23 districts maintaining grades kindergarten through 8, local
24 property tax revenues per pupil shall be calculated as the
25 product of the applicable equalized assessed valuation for the
26 district multiplied by 2.30%, and divided by the district's

 

 

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1 Average Daily Attendance figure. For school districts
2 maintaining grades 9 through 12, local property tax revenues
3 per pupil shall be the applicable equalized assessed valuation
4 of the district multiplied by 1.05%, and divided by the
5 district's Average Daily Attendance figure.
6     For partial elementary unit districts created pursuant to
7 Article 11E of this Code, local property tax revenues per pupil
8 shall be calculated as the product of the equalized assessed
9 valuation for property within the partial elementary unit
10 district for elementary purposes, as defined in Article 11E of
11 this Code, multiplied by 2.06% and divided by the district's
12 Average Daily Attendance figure, plus the product of the
13 equalized assessed valuation for property within the partial
14 elementary unit district for high school purposes, as defined
15 in Article 11E of this Code, multiplied by 0.94% and divided by
16 the district's Average Daily Attendance figure.
17     (4) The Corporate Personal Property Replacement Taxes paid
18 to each school district during the calendar year one year
19 before the calendar year in which a school year begins, divided
20 by the Average Daily Attendance figure for that district, shall
21 be added to the local property tax revenues per pupil as
22 derived by the application of the immediately preceding
23 paragraph (3). The sum of these per pupil figures for each
24 school district shall constitute Available Local Resources as
25 that term is utilized in subsection (E) in the calculation of
26 general State aid.
 

 

 

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1 (E) Computation of General State Aid.
2     (1) For each school year, the amount of general State aid
3 allotted to a school district shall be computed by the State
4 Board of Education as provided in this subsection.
5     (2) For any school district for which Available Local
6 Resources per pupil is less than the product of 0.93 times the
7 Foundation Level, general State aid for that district shall be
8 calculated as an amount equal to the Foundation Level minus
9 Available Local Resources, multiplied by the Average Daily
10 Attendance of the school district.
11     (3) For any school district for which Available Local
12 Resources per pupil is equal to or greater than the product of
13 0.93 times the Foundation Level and less than the product of
14 1.75 times the Foundation Level, the general State aid per
15 pupil shall be a decimal proportion of the Foundation Level
16 derived using a linear algorithm. Under this linear algorithm,
17 the calculated general State aid per pupil shall decline in
18 direct linear fashion from 0.07 times the Foundation Level for
19 a school district with Available Local Resources equal to the
20 product of 0.93 times the Foundation Level, to 0.05 times the
21 Foundation Level for a school district with Available Local
22 Resources equal to the product of 1.75 times the Foundation
23 Level. The allocation of general State aid for school districts
24 subject to this paragraph 3 shall be the calculated general
25 State aid per pupil figure multiplied by the Average Daily

 

 

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

 

 

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1 volunteer personnel when engaging in non-teaching duties and
2 supervising in those instances specified in subsection (a) of
3 Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
4 of legal school age and in kindergarten and grades 1 through
5 12.
6     Days of attendance by tuition pupils shall be accredited
7 only to the districts that pay the tuition to a recognized
8 school.
9     (2) Days of attendance by pupils of less than 5 clock hours
10 of school shall be subject to the following provisions in the
11 compilation of Average Daily Attendance.
12         (a) Pupils regularly enrolled in a public school for
13     only a part of the school day may be counted on the basis
14     of 1/6 day for every class hour of instruction of 40
15     minutes or more attended pursuant to such enrollment,
16     unless a pupil is enrolled in a block-schedule format of 80
17     minutes or more of instruction, in which case the pupil may
18     be counted on the basis of the proportion of minutes of
19     school work completed each day to the minimum number of
20     minutes that school work is required to be held that day.
21         (b) Days of attendance may be less than 5 clock hours
22     on the opening and closing of the school term, and upon the
23     first day of pupil attendance, if preceded by a day or days
24     utilized as an institute or teachers' workshop.
25         (c) A session of 4 or more clock hours may be counted
26     as a day of attendance upon certification by the regional

 

 

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1     superintendent, and approved by the State Superintendent
2     of Education to the extent that the district has been
3     forced to use daily multiple sessions.
4         (d) A session of 3 or more clock hours may be counted
5     as a day of attendance (1) when the remainder of the school
6     day or at least 2 hours in the evening of that day is
7     utilized for an in-service training program for teachers,
8     up to a maximum of 5 days per school year, provided a
9     district conducts an in-service training program for
10     teachers in accordance with Section 10-22.39 of this Code;
11     or, in lieu of 4 such days, 2 full days may be used, in
12     which event each such day may be counted as a day required
13     for a legal school calendar pursuant to Section 10-19 of
14     this Code; (1.5) when, of the 5 days allowed under item
15     (1), a maximum of 4 days are used for parent-teacher
16     conferences, or, in lieu of 4 such days, 2 full days are
17     used, in which case each such day may be counted as a
18     calendar day required under Section 10-19 of this Code,
19     provided that the full-day, parent-teacher conference
20     consists of (i) a minimum of 5 clock hours of
21     parent-teacher conferences, (ii) both a minimum of 2 clock
22     hours of parent-teacher conferences held in the evening
23     following a full day of student attendance, as specified in
24     subsection (F)(1)(c), and a minimum of 3 clock hours of
25     parent-teacher conferences held on the day immediately
26     following evening parent-teacher conferences, or (iii)

 

 

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1     multiple parent-teacher conferences held in the evenings
2     following full days of student attendance, as specified in
3     subsection (F)(1)(c), in which the time used for the
4     parent-teacher conferences is equivalent to a minimum of 5
5     clock hours; and (2) when days in addition to those
6     provided in items (1) and (1.5) are scheduled by a school
7     pursuant to its school improvement plan adopted under
8     Article 34 or its revised or amended school improvement
9     plan adopted under Article 2, provided that (i) such
10     sessions of 3 or more clock hours are scheduled to occur at
11     regular intervals, (ii) the remainder of the school days in
12     which such sessions occur are utilized for in-service
13     training programs or other staff development activities
14     for teachers, and (iii) a sufficient number of minutes of
15     school work under the direct supervision of teachers are
16     added to the school days between such regularly scheduled
17     sessions to accumulate not less than the number of minutes
18     by which such sessions of 3 or more clock hours fall short
19     of 5 clock hours. Any full days used for the purposes of
20     this paragraph shall not be considered for computing
21     average daily attendance. Days scheduled for in-service
22     training programs, staff development activities, or
23     parent-teacher conferences may be scheduled separately for
24     different grade levels and different attendance centers of
25     the district.
26         (e) A session of not less than one clock hour of

 

 

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1     teaching hospitalized or homebound pupils on-site or by
2     telephone to the classroom may be counted as 1/2 day of
3     attendance, however these pupils must receive 4 or more
4     clock hours of instruction to be counted for a full day of
5     attendance.
6         (f) A session of at least 4 clock hours may be counted
7     as a day of attendance for first grade pupils, and pupils
8     in full day kindergartens, and a session of 2 or more hours
9     may be counted as 1/2 day of attendance by pupils in
10     kindergartens which provide only 1/2 day of attendance.
11         (g) For children with disabilities who are below the
12     age of 6 years and who cannot attend 2 or more clock hours
13     because of their disability or immaturity, a session of not
14     less than one clock hour may be counted as 1/2 day of
15     attendance; however for such children whose educational
16     needs so require a session of 4 or more clock hours may be
17     counted as a full day of attendance.
18         (h) A recognized kindergarten which provides for only
19     1/2 day of attendance by each pupil shall not have more
20     than 1/2 day of attendance counted in any one day. However,
21     kindergartens may count 2 1/2 days of attendance in any 5
22     consecutive school days. When a pupil attends such a
23     kindergarten for 2 half days on any one school day, the
24     pupil shall have the following day as a day absent from
25     school, unless the school district obtains permission in
26     writing from the State Superintendent of Education.

 

 

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1     Attendance at kindergartens which provide for a full day of
2     attendance by each pupil shall be counted the same as
3     attendance by first grade pupils. Only the first year of
4     attendance in one kindergarten shall be counted, except in
5     case of children who entered the kindergarten in their
6     fifth year whose educational development requires a second
7     year of kindergarten as determined under the rules and
8     regulations of the State Board of Education.
9         (i) On the days when the Prairie State Achievement
10     Examination is administered under subsection (c) of
11     Section 2-3.64 of this Code, the day of attendance for a
12     pupil whose school day must be shortened to accommodate
13     required testing procedures may be less than 5 clock hours
14     and shall be counted towards the 176 days of actual pupil
15     attendance required under Section 10-19 of this Code,
16     provided that a sufficient number of minutes of school work
17     in excess of 5 clock hours are first completed on other
18     school days to compensate for the loss of school work on
19     the examination days.
 
20 (G) Equalized Assessed Valuation Data.
21     (1) For purposes of the calculation of Available Local
22 Resources required pursuant to subsection (D), the State Board
23 of Education shall secure from the Department of Revenue the
24 value as equalized or assessed by the Department of Revenue of
25 all taxable property of every school district, together with

 

 

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1 (i) the applicable tax rate used in extending taxes for the
2 funds of the district as of September 30 of the previous year
3 and (ii) the limiting rate for all school districts subject to
4 property tax extension limitations as imposed under the
5 Property Tax Extension Limitation Law.
6     The Department of Revenue shall add to the equalized
7 assessed value of all taxable property of each school district
8 situated entirely or partially within a county that is or was
9 subject to the provisions of Section 15-176 or 15-177 of the
10 Property Tax Code (a) an amount equal to the total amount by
11 which the homestead exemption allowed under Section 15-176 or
12 15-177 of the Property Tax Code for real property situated in
13 that school district exceeds the total amount that would have
14 been allowed in that school district if the maximum reduction
15 under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
16 all other counties in tax year 2003 or (ii) $5,000 in all
17 counties in tax year 2004 and thereafter and (b) an amount
18 equal to the aggregate amount for the taxable year of all
19 additional exemptions under Section 15-175 of the Property Tax
20 Code for owners with a household income of $30,000 or less. The
21 county clerk of any county that is or was subject to the
22 provisions of Section 15-176 or 15-177 of the Property Tax Code
23 shall annually calculate and certify to the Department of
24 Revenue for each school district all homestead exemption
25 amounts under Section 15-176 or 15-177 of the Property Tax Code
26 and all amounts of additional exemptions under Section 15-175

 

 

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1 of the Property Tax Code for owners with a household income of
2 $30,000 or less. It is the intent of this paragraph that if the
3 general homestead exemption for a parcel of property is
4 determined under Section 15-176 or 15-177 of the Property Tax
5 Code rather than Section 15-175, then the calculation of
6 Available Local Resources shall not be affected by the
7 difference, if any, between the amount of the general homestead
8 exemption allowed for that parcel of property under Section
9 15-176 or 15-177 of the Property Tax Code and the amount that
10 would have been allowed had the general homestead exemption for
11 that parcel of property been determined under Section 15-175 of
12 the Property Tax Code. It is further the intent of this
13 paragraph that if additional exemptions are allowed under
14 Section 15-175 of the Property Tax Code for owners with a
15 household income of less than $30,000, then the calculation of
16 Available Local Resources shall not be affected by the
17 difference, if any, because of those additional exemptions.
18     This equalized assessed valuation, as adjusted further by
19 the requirements of this subsection, shall be utilized in the
20 calculation of Available Local Resources.
21     (2) The equalized assessed valuation in paragraph (1) shall
22 be adjusted, as applicable, in the following manner:
23         (a) For the purposes of calculating State aid under
24     this Section, with respect to any part of a school district
25     within a redevelopment project area in respect to which a
26     municipality has adopted tax increment allocation

 

 

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1     financing pursuant to the Tax Increment Allocation
2     Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
3     of the Illinois Municipal Code or the Industrial Jobs
4     Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
5     Illinois Municipal Code, no part of the current equalized
6     assessed valuation of real property located in any such
7     project area which is attributable to an increase above the
8     total initial equalized assessed valuation of such
9     property shall be used as part of the equalized assessed
10     valuation of the district, until such time as all
11     redevelopment project costs have been paid, as provided in
12     Section 11-74.4-8 of the Tax Increment Allocation
13     Redevelopment Act or in Section 11-74.6-35 of the
14     Industrial Jobs Recovery Law. For the purpose of the
15     equalized assessed valuation of the district, the total
16     initial equalized assessed valuation or the current
17     equalized assessed valuation, whichever is lower, shall be
18     used until such time as all redevelopment project costs
19     have been paid.
20         (b) The real property equalized assessed valuation for
21     a school district shall be adjusted by subtracting from the
22     real property value as equalized or assessed by the
23     Department of Revenue for the district an amount computed
24     by dividing the amount of any abatement of taxes under
25     Section 18-170 of the Property Tax Code by 3.00% for a
26     district maintaining grades kindergarten through 12, by

 

 

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1     2.30% for a district maintaining grades kindergarten
2     through 8, or by 1.05% for a district maintaining grades 9
3     through 12 and adjusted by an amount computed by dividing
4     the amount of any abatement of taxes under subsection (a)
5     of Section 18-165 of the Property Tax Code by the same
6     percentage rates for district type as specified in this
7     subparagraph (b).
8     (3) For the 1999-2000 school year and each school year
9 thereafter, if a school district meets all of the criteria of
10 this subsection (G)(3), the school district's Available Local
11 Resources shall be calculated under subsection (D) using the
12 district's Extension Limitation Equalized Assessed Valuation
13 as calculated under this subsection (G)(3).
14     For purposes of this subsection (G)(3) the following terms
15 shall have the following meanings:
16         "Budget Year": The school year for which general State
17     aid is calculated and awarded under subsection (E).
18         "Base Tax Year": The property tax levy year used to
19     calculate the Budget Year allocation of general State aid.
20         "Preceding Tax Year": The property tax levy year
21     immediately preceding the Base Tax Year.
22         "Base Tax Year's Tax Extension": The product of the
23     equalized assessed valuation utilized by the County Clerk
24     in the Base Tax Year multiplied by the limiting rate as
25     calculated by the County Clerk and defined in the Property
26     Tax Extension Limitation Law.

 

 

09600HB2254sam002 - 22 - LRB096 11079 NHT 40805 a

1         "Preceding Tax Year's Tax Extension": The product of
2     the equalized assessed valuation utilized by the County
3     Clerk in the Preceding Tax Year multiplied by the Operating
4     Tax Rate as defined in subsection (A).
5         "Extension Limitation Ratio": A numerical ratio,
6     certified by the County Clerk, in which the numerator is
7     the Base Tax Year's Tax Extension and the denominator is
8     the Preceding Tax Year's Tax Extension.
9         "Operating Tax Rate": The operating tax rate as defined
10     in subsection (A).
11     If a school district is subject to property tax extension
12 limitations as imposed under the Property Tax Extension
13 Limitation Law, the State Board of Education shall calculate
14 the Extension Limitation Equalized Assessed Valuation of that
15 district. For the 1999-2000 school year, the Extension
16 Limitation Equalized Assessed Valuation of a school district as
17 calculated by the State Board of Education shall be equal to
18 the product of the district's 1996 Equalized Assessed Valuation
19 and the district's Extension Limitation Ratio. Except as
20 otherwise provided in this paragraph for a school district that
21 has approved or does approve an increase in its limiting rate,
22 for the 2000-2001 school year and each school year thereafter,
23 the Extension Limitation Equalized Assessed Valuation of a
24 school district as calculated by the State Board of Education
25 shall be equal to the product of the Equalized Assessed
26 Valuation last used in the calculation of general State aid and

 

 

09600HB2254sam002 - 23 - LRB096 11079 NHT 40805 a

1 the district's Extension Limitation Ratio. If the Extension
2 Limitation Equalized Assessed Valuation of a school district as
3 calculated under this subsection (G)(3) is less than the
4 district's equalized assessed valuation as calculated pursuant
5 to subsections (G)(1) and (G)(2), then for purposes of
6 calculating the district's general State aid for the Budget
7 Year pursuant to subsection (E), that Extension Limitation
8 Equalized Assessed Valuation shall be utilized to calculate the
9 district's Available Local Resources under subsection (D). For
10 the 2009-2010 school year and each school year thereafter, if a
11 school district has approved or does approve an increase in its
12 limiting rate, pursuant to Section 18-190 of the Property Tax
13 Code, affecting the Base Tax Year, the Extension Limitation
14 Equalized Assessed Valuation of the school district, as
15 calculated by the State Board of Education, shall be equal to
16 the product of the Equalized Assessed Valuation last used in
17 the calculation of general State aid times an amount equal to
18 one plus the percentage increase, if any, in the Consumer Price
19 Index for all Urban Consumers for all items published by the
20 United States Department of Labor for the 12-month calendar
21 year preceding the Base Tax Year, plus the Equalized Assessed
22 Valuation of new property, annexed property, and recovered tax
23 increment value and minus the Equalized Assessed Valuation of
24 disconnected property. New property and recovered tax
25 increment value shall have the meanings set forth in the
26 Property Tax Extension Limitation Law.

 

 

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1     Partial elementary unit districts created in accordance
2 with Article 11E of this Code shall not be eligible for the
3 adjustment in this subsection (G)(3) until the fifth year
4 following the effective date of the reorganization.
5     (4) For the purposes of calculating general State aid for
6 the 1999-2000 school year only, if a school district
7 experienced a triennial reassessment on the equalized assessed
8 valuation used in calculating its general State financial aid
9 apportionment for the 1998-1999 school year, the State Board of
10 Education shall calculate the Extension Limitation Equalized
11 Assessed Valuation that would have been used to calculate the
12 district's 1998-1999 general State aid. This amount shall equal
13 the product of the equalized assessed valuation used to
14 calculate general State aid for the 1997-1998 school year and
15 the district's Extension Limitation Ratio. If the Extension
16 Limitation Equalized Assessed Valuation of the school district
17 as calculated under this paragraph (4) is less than the
18 district's equalized assessed valuation utilized in
19 calculating the district's 1998-1999 general State aid
20 allocation, then for purposes of calculating the district's
21 general State aid pursuant to paragraph (5) of subsection (E),
22 that Extension Limitation Equalized Assessed Valuation shall
23 be utilized to calculate the district's Available Local
24 Resources.
25     (5) For school districts having a majority of their
26 equalized assessed valuation in any county except Cook, DuPage,

 

 

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1 Kane, Lake, McHenry, or Will, if the amount of general State
2 aid allocated to the school district for the 1999-2000 school
3 year under the provisions of subsection (E), (H), and (J) of
4 this Section is less than the amount of general State aid
5 allocated to the district for the 1998-1999 school year under
6 these subsections, then the general State aid of the district
7 for the 1999-2000 school year only shall be increased by the
8 difference between these amounts. The total payments made under
9 this paragraph (5) shall not exceed $14,000,000. Claims shall
10 be prorated if they exceed $14,000,000.
 
11 (H) Supplemental General State Aid.
12     (1) In addition to the general State aid a school district
13 is allotted pursuant to subsection (E), qualifying school
14 districts shall receive a grant, paid in conjunction with a
15 district's payments of general State aid, for supplemental
16 general State aid based upon the concentration level of
17 children from low-income households within the school
18 district. Supplemental State aid grants provided for school
19 districts under this subsection shall be appropriated for
20 distribution to school districts as part of the same line item
21 in which the general State financial aid of school districts is
22 appropriated under this Section. If the appropriation in any
23 fiscal year for general State aid and supplemental general
24 State aid is insufficient to pay the amounts required under the
25 general State aid and supplemental general State aid

 

 

09600HB2254sam002 - 26 - LRB096 11079 NHT 40805 a

1 calculations, then the State Board of Education shall ensure
2 that each school district receives the full amount due for
3 general State aid and the remainder of the appropriation shall
4 be used for supplemental general State aid, which the State
5 Board of Education shall calculate and pay to eligible
6 districts on a prorated basis.
7     (1.5) This paragraph (1.5) applies only to those school
8 years preceding the 2003-2004 school year. For purposes of this
9 subsection (H), the term "Low-Income Concentration Level"
10 shall be the low-income eligible pupil count from the most
11 recently available federal census divided by the Average Daily
12 Attendance of the school district. If, however, (i) the
13 percentage decrease from the 2 most recent federal censuses in
14 the low-income eligible pupil count of a high school district
15 with fewer than 400 students exceeds by 75% or more the
16 percentage change in the total low-income eligible pupil count
17 of contiguous elementary school districts, whose boundaries
18 are coterminous with the high school district, or (ii) a high
19 school district within 2 counties and serving 5 elementary
20 school districts, whose boundaries are coterminous with the
21 high school district, has a percentage decrease from the 2 most
22 recent federal censuses in the low-income eligible pupil count
23 and there is a percentage increase in the total low-income
24 eligible pupil count of a majority of the elementary school
25 districts in excess of 50% from the 2 most recent federal
26 censuses, then the high school district's low-income eligible

 

 

09600HB2254sam002 - 27 - LRB096 11079 NHT 40805 a

1 pupil count from the earlier federal census shall be the number
2 used as the low-income eligible pupil count for the high school
3 district, for purposes of this subsection (H). The changes made
4 to this paragraph (1) by Public Act 92-28 shall apply to
5 supplemental general State aid grants for school years
6 preceding the 2003-2004 school year that are paid in fiscal
7 year 1999 or thereafter and to any State aid payments made in
8 fiscal year 1994 through fiscal year 1998 pursuant to
9 subsection 1(n) of Section 18-8 of this Code (which was
10 repealed on July 1, 1998), and any high school district that is
11 affected by Public Act 92-28 is entitled to a recomputation of
12 its supplemental general State aid grant or State aid paid in
13 any of those fiscal years. This recomputation shall not be
14 affected by any other funding.
15     (1.10) This paragraph (1.10) applies to the 2003-2004
16 school year and each school year thereafter. For purposes of
17 this subsection (H), the term "Low-Income Concentration Level"
18 shall, for each fiscal year, be the low-income eligible pupil
19 count as of July 1 of the immediately preceding fiscal year (as
20 determined by the Department of Human Services based on the
21 number of pupils who are eligible for at least one of the
22 following low income programs: Medicaid, the Children's Health
23 Insurance Program, TANF, or Food Stamps, excluding pupils who
24 are eligible for services provided by the Department of
25 Children and Family Services, averaged over the 2 immediately
26 preceding fiscal years for fiscal year 2004 and over the 3

 

 

09600HB2254sam002 - 28 - LRB096 11079 NHT 40805 a

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

 

 

09600HB2254sam002 - 29 - LRB096 11079 NHT 40805 a

1         (f) For the 2000-2001 school year, the per pupil
2     amounts specified in subparagraphs (b), (c), and (d)
3     immediately above shall be $1,273, $1,640, and $2,050,
4     respectively.
5     (2.5) Supplemental general State aid pursuant to this
6 subsection (H) shall be provided as follows for the 2002-2003
7 school year:
8         (a) For any school district with a Low Income
9     Concentration Level of less than 10%, the grant for each
10     school year shall be $355 multiplied by the low income
11     eligible pupil count.
12         (b) For any school district with a Low Income
13     Concentration Level of at least 10% and less than 20%, the
14     grant for each school year shall be $675 multiplied by the
15     low income eligible pupil count.
16         (c) For any school district with a Low Income
17     Concentration Level of at least 20% and less than 35%, the
18     grant for each school year shall be $1,330 multiplied by
19     the low income eligible pupil count.
20         (d) For any school district with a Low Income
21     Concentration Level of at least 35% and less than 50%, the
22     grant for each school year shall be $1,362 multiplied by
23     the low income eligible pupil count.
24         (e) For any school district with a Low Income
25     Concentration Level of at least 50% and less than 60%, the
26     grant for each school year shall be $1,680 multiplied by

 

 

09600HB2254sam002 - 30 - LRB096 11079 NHT 40805 a

1     the low income eligible pupil count.
2         (f) For any school district with a Low Income
3     Concentration Level of 60% or more, the grant for each
4     school year shall be $2,080 multiplied by the low income
5     eligible pupil count.
6     (2.10) Except as otherwise provided, supplemental general
7 State aid pursuant to this subsection (H) shall be provided as
8 follows for the 2003-2004 school year and each school year
9 thereafter:
10         (a) For any school district with a Low Income
11     Concentration Level of 15% or less, the grant for each
12     school year shall be $355 multiplied by the low income
13     eligible pupil count.
14         (b) For any school district with a Low Income
15     Concentration Level greater than 15%, the grant for each
16     school year shall be $294.25 added to the product of $2,700
17     and the square of the Low Income Concentration Level, all
18     multiplied by the low income eligible pupil count.
19     For the 2003-2004 school year and each school year
20 thereafter through the 2008-2009 school year only, the grant
21 shall be no less than the grant for the 2002-2003 school year.
22 For the 2009-2010 school year only, the grant shall be no less
23 than the grant for the 2002-2003 school year multiplied by
24 0.66. For the 2010-2011 school year only, the grant shall be no
25 less than the grant for the 2002-2003 school year multiplied by
26 0.33. Notwithstanding the provisions of this paragraph to the

 

 

09600HB2254sam002 - 31 - LRB096 11079 NHT 40805 a

1 contrary, if for any school year supplemental general State aid
2 grants are prorated as provided in paragraph (1) of this
3 subsection (H), then the grants under this paragraph shall be
4 prorated.
5     For the 2003-2004 school year only, the grant shall be no
6 greater than the grant received during the 2002-2003 school
7 year added to the product of 0.25 multiplied by the difference
8 between the grant amount calculated under subsection (a) or (b)
9 of this paragraph (2.10), whichever is applicable, and the
10 grant received during the 2002-2003 school year. For the
11 2004-2005 school year only, the grant shall be no greater than
12 the grant received during the 2002-2003 school year added to
13 the product of 0.50 multiplied by the difference between the
14 grant amount calculated under subsection (a) or (b) of this
15 paragraph (2.10), whichever is applicable, and the grant
16 received during the 2002-2003 school year. For the 2005-2006
17 school year only, the grant shall be no greater than the grant
18 received during the 2002-2003 school year added to the product
19 of 0.75 multiplied by the difference between the grant amount
20 calculated under subsection (a) or (b) of this paragraph
21 (2.10), whichever is applicable, and the grant received during
22 the 2002-2003 school year.
23     (3) School districts with an Average Daily Attendance of
24 more than 1,000 and less than 50,000 that qualify for
25 supplemental general State aid pursuant to this subsection
26 shall submit a plan to the State Board of Education prior to

 

 

09600HB2254sam002 - 32 - LRB096 11079 NHT 40805 a

1 October 30 of each year for the use of the funds resulting from
2 this grant of supplemental general State aid for the
3 improvement of instruction in which priority is given to
4 meeting the education needs of disadvantaged children. Such
5 plan shall be submitted in accordance with rules and
6 regulations promulgated by the State Board of Education.
7     (4) School districts with an Average Daily Attendance of
8 50,000 or more that qualify for supplemental general State aid
9 pursuant to this subsection shall be required to distribute
10 from funds available pursuant to this Section, no less than
11 $261,000,000 in accordance with the following requirements:
12         (a) The required amounts shall be distributed to the
13     attendance centers within the district in proportion to the
14     number of pupils enrolled at each attendance center who are
15     eligible to receive free or reduced-price lunches or
16     breakfasts under the federal Child Nutrition Act of 1966
17     and under the National School Lunch Act during the
18     immediately preceding school year.
19         (b) The distribution of these portions of supplemental
20     and general State aid among attendance centers according to
21     these requirements shall not be compensated for or
22     contravened by adjustments of the total of other funds
23     appropriated to any attendance centers, and the Board of
24     Education shall utilize funding from one or several sources
25     in order to fully implement this provision annually prior
26     to the opening of school.

 

 

09600HB2254sam002 - 33 - LRB096 11079 NHT 40805 a

1         (c) Each attendance center shall be provided by the
2     school district a distribution of noncategorical funds and
3     other categorical funds to which an attendance center is
4     entitled under law in order that the general State aid and
5     supplemental general State aid provided by application of
6     this subsection supplements rather than supplants the
7     noncategorical funds and other categorical funds provided
8     by the school district to the attendance centers.
9         (d) Any funds made available under this subsection that
10     by reason of the provisions of this subsection are not
11     required to be allocated and provided to attendance centers
12     may be used and appropriated by the board of the district
13     for any lawful school purpose.
14         (e) Funds received by an attendance center pursuant to
15     this subsection shall be used by the attendance center at
16     the discretion of the principal and local school council
17     for programs to improve educational opportunities at
18     qualifying schools through the following programs and
19     services: early childhood education, reduced class size or
20     improved adult to student classroom ratio, enrichment
21     programs, remedial assistance, attendance improvement, and
22     other educationally beneficial expenditures which
23     supplement the regular and basic programs as determined by
24     the State Board of Education. Funds provided shall not be
25     expended for any political or lobbying purposes as defined
26     by board rule.

 

 

09600HB2254sam002 - 34 - LRB096 11079 NHT 40805 a

1         (f) Each district subject to the provisions of this
2     subdivision (H)(4) shall submit an acceptable plan to meet
3     the educational needs of disadvantaged children, in
4     compliance with the requirements of this paragraph, to the
5     State Board of Education prior to July 15 of each year.
6     This plan shall be consistent with the decisions of local
7     school councils concerning the school expenditure plans
8     developed in accordance with part 4 of Section 34-2.3. The
9     State Board shall approve or reject the plan within 60 days
10     after its submission. If the plan is rejected, the district
11     shall give written notice of intent to modify the plan
12     within 15 days of the notification of rejection and then
13     submit a modified plan within 30 days after the date of the
14     written notice of intent to modify. Districts may amend
15     approved plans pursuant to rules promulgated by the State
16     Board of Education.
17         Upon notification by the State Board of Education that
18     the district has not submitted a plan prior to July 15 or a
19     modified plan within the time period specified herein, the
20     State aid funds affected by that plan or modified plan
21     shall be withheld by the State Board of Education until a
22     plan or modified plan is submitted.
23         If the district fails to distribute State aid to
24     attendance centers in accordance with an approved plan, the
25     plan for the following year shall allocate funds, in
26     addition to the funds otherwise required by this

 

 

09600HB2254sam002 - 35 - LRB096 11079 NHT 40805 a

1     subsection, to those attendance centers which were
2     underfunded during the previous year in amounts equal to
3     such underfunding.
4         For purposes of determining compliance with this
5     subsection in relation to the requirements of attendance
6     center funding, each district subject to the provisions of
7     this subsection shall submit as a separate document by
8     December 1 of each year a report of expenditure data for
9     the prior year in addition to any modification of its
10     current plan. If it is determined that there has been a
11     failure to comply with the expenditure provisions of this
12     subsection regarding contravention or supplanting, the
13     State Superintendent of Education shall, within 60 days of
14     receipt of the report, notify the district and any affected
15     local school council. The district shall within 45 days of
16     receipt of that notification inform the State
17     Superintendent of Education of the remedial or corrective
18     action to be taken, whether by amendment of the current
19     plan, if feasible, or by adjustment in the plan for the
20     following year. Failure to provide the expenditure report
21     or the notification of remedial or corrective action in a
22     timely manner shall result in a withholding of the affected
23     funds.
24         The State Board of Education shall promulgate rules and
25     regulations to implement the provisions of this
26     subsection. No funds shall be released under this

 

 

09600HB2254sam002 - 36 - LRB096 11079 NHT 40805 a

1     subdivision (H)(4) to any district that has not submitted a
2     plan that has been approved by the State Board of
3     Education.
 
4 (I) (Blank).
 
5 (J) Supplementary Grants in Aid.
6     (1) Notwithstanding any other provisions of this Section,
7 the amount of the aggregate general State aid in combination
8 with supplemental general State aid under this Section for
9 which each school district is eligible shall be no less than
10 the amount of the aggregate general State aid entitlement that
11 was received by the district under Section 18-8 (exclusive of
12 amounts received under subsections 5(p) and 5(p-5) of that
13 Section) for the 1997-98 school year, pursuant to the
14 provisions of that Section as it was then in effect. If a
15 school district qualifies to receive a supplementary payment
16 made under this subsection (J), the amount of the aggregate
17 general State aid in combination with supplemental general
18 State aid under this Section which that district is eligible to
19 receive for each school year shall be no less than the amount
20 of the aggregate general State aid entitlement that was
21 received by the district under Section 18-8 (exclusive of
22 amounts received under subsections 5(p) and 5(p-5) of that
23 Section) for the 1997-1998 school year, pursuant to the
24 provisions of that Section as it was then in effect.

 

 

09600HB2254sam002 - 37 - LRB096 11079 NHT 40805 a

1     (2) If, as provided in paragraph (1) of this subsection
2 (J), a school district is to receive aggregate general State
3 aid in combination with supplemental general State aid under
4 this Section for the 1998-99 school year and any subsequent
5 school year that in any such school year is less than the
6 amount of the aggregate general State aid entitlement that the
7 district received for the 1997-98 school year, the school
8 district shall also receive, from a separate appropriation made
9 for purposes of this subsection (J), a supplementary payment
10 that is equal to the amount of the difference in the aggregate
11 State aid figures as described in paragraph (1).
12     (3) (Blank).
 
13 (K) Grants to Laboratory and Alternative Schools and Department
14 of Juvenile Justice School District.
15     In calculating the amount to be paid to the Department of
16 Juvenile Justice School District, the governing board of a
17 public university that operates a laboratory school under this
18 Section, or to any alternative school that is operated by a
19 regional superintendent of schools, the State Board of
20 Education shall require by rule such reporting requirements as
21 it deems necessary.
22     As used in this Section, "laboratory school" means a public
23 school which is created and operated by a public university and
24 approved by the State Board of Education. The governing board
25 of a public university which receives funds from the State

 

 

09600HB2254sam002 - 38 - LRB096 11079 NHT 40805 a

1 Board under this subsection (K) may not increase the number of
2 students enrolled in its laboratory school from a single
3 district, if that district is already sending 50 or more
4 students, except under a mutual agreement between the school
5 board of a student's district of residence and the university
6 which operates the laboratory school. A laboratory school may
7 not have more than 1,000 students, excluding students with
8 disabilities in a special education program.
9     As used in this Section, "alternative school" means a
10 public school which is created and operated by a Regional
11 Superintendent of Schools and approved by the State Board of
12 Education. Such alternative schools may offer courses of
13 instruction for which credit is given in regular school
14 programs, courses to prepare students for the high school
15 equivalency testing program or vocational and occupational
16 training. A regional superintendent of schools may contract
17 with a school district or a public community college district
18 to operate an alternative school. An alternative school serving
19 more than one educational service region may be established by
20 the regional superintendents of schools of the affected
21 educational service regions. An alternative school serving
22 more than one educational service region may be operated under
23 such terms as the regional superintendents of schools of those
24 educational service regions may agree.
25     For purposes of this Section, "Department of Juvenile
26 Justice School District" means the school district established

 

 

09600HB2254sam002 - 39 - LRB096 11079 NHT 40805 a

1 under Section 13-40 of this Code.
2     Each laboratory and alternative school and the Department
3 of Juvenile Justice School District shall file, on forms
4 provided by the State Superintendent of Education, an annual
5 State aid claim which states the Average Daily Attendance of
6 the school's students by month. The best 3 months' Average
7 Daily Attendance shall be computed for each school. The general
8 State aid entitlement shall be computed by multiplying the
9 applicable Average Daily Attendance by the Foundation Level as
10 determined under this Section.
 
11 (L) Payments, Additional Grants in Aid and Other Requirements.
12     (1) For a school district operating under the financial
13 supervision of an Authority created under Article 34A, the
14 general State aid otherwise payable to that district under this
15 Section, but not the supplemental general State aid, shall be
16 reduced by an amount equal to the budget for the operations of
17 the Authority as certified by the Authority to the State Board
18 of Education, and an amount equal to such reduction shall be
19 paid to the Authority created for such district for its
20 operating expenses in the manner provided in Section 18-11. The
21 remainder of general State school aid for any such district
22 shall be paid in accordance with Article 34A when that Article
23 provides for a disposition other than that provided by this
24 Article.
25     (2) (Blank).

 

 

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1     (3) Summer school. Summer school payments shall be made as
2 provided in Section 18-4.3.
 
3 (M) Education Funding Advisory Board.
4     The Education Funding Advisory Board, hereinafter in this
5 subsection (M) referred to as the "Board", is hereby created.
6 The Board shall consist of 5 members who are appointed by the
7 Governor, by and with the advice and consent of the Senate. The
8 members appointed shall include representatives of education,
9 business, and the general public. One of the members so
10 appointed shall be designated by the Governor at the time the
11 appointment is made as the chairperson of the Board. The
12 initial members of the Board may be appointed any time after
13 the effective date of this amendatory Act of 1997. The regular
14 term of each member of the Board shall be for 4 years from the
15 third Monday of January of the year in which the term of the
16 member's appointment is to commence, except that of the 5
17 initial members appointed to serve on the Board, the member who
18 is appointed as the chairperson shall serve for a term that
19 commences on the date of his or her appointment and expires on
20 the third Monday of January, 2002, and the remaining 4 members,
21 by lots drawn at the first meeting of the Board that is held
22 after all 5 members are appointed, shall determine 2 of their
23 number to serve for terms that commence on the date of their
24 respective appointments and expire on the third Monday of
25 January, 2001, and 2 of their number to serve for terms that

 

 

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1 commence on the date of their respective appointments and
2 expire on the third Monday of January, 2000. All members
3 appointed to serve on the Board shall serve until their
4 respective successors are appointed and confirmed. Vacancies
5 shall be filled in the same manner as original appointments. If
6 a vacancy in membership occurs at a time when the Senate is not
7 in session, the Governor shall make a temporary appointment
8 until the next meeting of the Senate, when he or she shall
9 appoint, by and with the advice and consent of the Senate, a
10 person to fill that membership for the unexpired term. If the
11 Senate is not in session when the initial appointments are
12 made, those appointments shall be made as in the case of
13 vacancies.
14     The Education Funding Advisory Board shall be deemed
15 established, and the initial members appointed by the Governor
16 to serve as members of the Board shall take office, on the date
17 that the Governor makes his or her appointment of the fifth
18 initial member of the Board, whether those initial members are
19 then serving pursuant to appointment and confirmation or
20 pursuant to temporary appointments that are made by the
21 Governor as in the case of vacancies.
22     The State Board of Education shall provide such staff
23 assistance to the Education Funding Advisory Board as is
24 reasonably required for the proper performance by the Board of
25 its responsibilities.
26     For school years after the 2000-2001 school year, the

 

 

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1 Education Funding Advisory Board, in consultation with the
2 State Board of Education, shall make recommendations as
3 provided in this subsection (M) to the General Assembly for the
4 foundation level under subdivision (B)(3) of this Section and
5 for the supplemental general State aid grant level under
6 subsection (H) of this Section for districts with high
7 concentrations of children from poverty. The recommended
8 foundation level shall be determined based on a methodology
9 which incorporates the basic education expenditures of
10 low-spending schools exhibiting high academic performance. The
11 Education Funding Advisory Board shall make such
12 recommendations to the General Assembly on January 1 of odd
13 numbered years, beginning January 1, 2001.
 
14 (N) (Blank).
 
15 (O) References.
16     (1) References in other laws to the various subdivisions of
17 Section 18-8 as that Section existed before its repeal and
18 replacement by this Section 18-8.05 shall be deemed to refer to
19 the corresponding provisions of this Section 18-8.05, to the
20 extent that those references remain applicable.
21     (2) References in other laws to State Chapter 1 funds shall
22 be deemed to refer to the supplemental general State aid
23 provided under subsection (H) of this Section.
 

 

 

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1 (P) Public Act 93-838 and Public Act 93-808 make inconsistent
2 changes to this Section. Under Section 6 of the Statute on
3 Statutes there is an irreconcilable conflict between Public Act
4 93-808 and Public Act 93-838. Public Act 93-838, being the last
5 acted upon, is controlling. The text of Public Act 93-838 is
6 the law regardless of the text of Public Act 93-808.
7 (Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
8 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
9 8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
10 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised
11 10-23-09.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.".