97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3488

 

Introduced 2/24/2011, by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-19  from Ch. 122, par. 10-19
105 ILCS 5/10-19.1  from Ch. 122, par. 10-19.1
105 ILCS 5/18-8.05
105 ILCS 5/18-12  from Ch. 122, par. 18-12

    Amends the School Code to make changes concerning the length of a school term. Increases the days of actual pupil attendance from 176 days to 180 days. Removes a provision concerning the 1980-1981 school year. With respect to a full-year calendar, increases the days of actual pupil attendance from 180 days to 182 days. Makes related changes.


LRB097 00228 NHT 40243 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3488LRB097 00228 NHT 40243 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-19, 10-19.1, 18-8.05, and 18-12 as follows:
 
6    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
7    Sec. 10-19. Length of school term - experimental programs.
8Each school board shall annually prepare a calendar for the
9school term, specifying the opening and closing dates and
10providing a minimum term of at least 185 days to ensure 180
11insure 176 days of actual pupil attendance, computable under
12Section 18-8.05, except that for the 1980-1981 school year only
13175 days of actual pupil attendance shall be required because
14of the closing of schools pursuant to Section 24-2 on January
1529, 1981 upon the appointment by the President of that day as a
16day of thanksgiving for the freedom of the Americans who had
17been held hostage in Iran. Any days allowed by law for
18teachers' institute but not used as such or used as parental
19institutes as provided in Section 10-22.18d shall increase the
20minimum term by the school days not so used. Except as provided
21in Section 10-19.1, the board may not extend the school term
22beyond such closing date unless that extension of term is
23necessary to provide the minimum number of computable days. In

 

 

HB3488- 2 -LRB097 00228 NHT 40243 b

1case of such necessary extension school employees shall be paid
2for such additional time on the basis of their regular
3contracts. A school board may specify a closing date earlier
4than that set on the annual calendar when the schools of the
5district have provided the minimum number of computable days
6under this Section. Nothing in this Section prevents the board
7from employing superintendents of schools, principals and
8other nonteaching personnel for a period of 12 months, or in
9the case of superintendents for a period in accordance with
10Section 10-23.8, or prevents the board from employing other
11personnel before or after the regular school term with payment
12of salary proportionate to that received for comparable work
13during the school term.
14    A school board may make such changes in its calendar for
15the school term as may be required by any changes in the legal
16school holidays prescribed in Section 24-2. A school board may
17make changes in its calendar for the school term as may be
18necessary to reflect the utilization of teachers' institute
19days as parental institute days as provided in Section
2010-22.18d.
21    The calendar for the school term and any changes must be
22submitted to and approved by the regional superintendent of
23schools before the calendar or changes may take effect.
24    With the prior approval of the State Board of Education and
25subject to review by the State Board of Education every 3
26years, any school board may, by resolution of its board and in

 

 

HB3488- 3 -LRB097 00228 NHT 40243 b

1agreement with affected exclusive collective bargaining
2agents, establish experimental educational programs, including
3but not limited to programs for self-directed learning or
4outside of formal class periods, which programs when so
5approved shall be considered to comply with the requirements of
6this Section as respects numbers of days of actual pupil
7attendance and with the other requirements of this Act as
8respects courses of instruction.
9(Source: P.A. 93-1036, eff. 9-14-04.)
 
10    (105 ILCS 5/10-19.1)  (from Ch. 122, par. 10-19.1)
11    Sec. 10-19.1. Full year school plan. Any school district
12may, by resolution of its board, operate one or more schools
13within the district on a full year school plan approved by the
14State Board of Education. Any board which operates under this
15Section shall devise a plan so that a student's required
16attendance in school shall be for a minimum term of 182 180
17days of actual attendance, including not more than 4 institute
18days, during a 12 month period, but shall not exceed 185 days.
19Under such plan, no teacher shall be required to teach more
20than 185 days. A calendar of 182 180 days may be established
21with the approval of the State Board of Education.
22(Source: P.A. 81-1508.)
 
23    (105 ILCS 5/18-8.05)
24    Sec. 18-8.05. Basis for apportionment of general State

 

 

HB3488- 4 -LRB097 00228 NHT 40243 b

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

 

 

HB3488- 5 -LRB097 00228 NHT 40243 b

1distribution to school districts as part of the same line item
2in which the general State financial aid of school districts is
3appropriated under this Section.
4    (3) To receive financial assistance under this Section,
5school districts are required to file claims with the State
6Board of Education, subject to the following requirements:
7        (a) Any school district which fails for any given
8    school year to maintain school as required by law, or to
9    maintain a recognized school is not eligible to file for
10    such school year any claim upon the Common School Fund. In
11    case of nonrecognition of one or more attendance centers in
12    a school district otherwise operating recognized schools,
13    the claim of the district shall be reduced in the
14    proportion which the Average Daily Attendance in the
15    attendance center or centers bear to the Average Daily
16    Attendance in the school district. A "recognized school"
17    means any public school which meets the standards as
18    established for recognition by the State Board of
19    Education. A school district or attendance center not
20    having recognition status at the end of a school term is
21    entitled to receive State aid payments due upon a legal
22    claim which was filed while it was recognized.
23        (b) School district claims filed under this Section are
24    subject to Sections 18-9 and 18-12, except as otherwise
25    provided in this Section.
26        (c) If a school district operates a full year school

 

 

HB3488- 6 -LRB097 00228 NHT 40243 b

1    under Section 10-19.1, the general State aid to the school
2    district shall be determined by the State Board of
3    Education in accordance with this Section as near as may be
4    applicable.
5        (d) (Blank).
6    (4) Except as provided in subsections (H) and (L), the
7board of any district receiving any of the grants provided for
8in this Section may apply those funds to any fund so received
9for which that board is authorized to make expenditures by law.
10    School districts are not required to exert a minimum
11Operating Tax Rate in order to qualify for assistance under
12this Section.
13    (5) As used in this Section the following terms, when
14capitalized, shall have the meaning ascribed herein:
15        (a) "Average Daily Attendance": A count of pupil
16    attendance in school, averaged as provided for in
17    subsection (C) and utilized in deriving per pupil financial
18    support levels.
19        (b) "Available Local Resources": A computation of
20    local financial support, calculated on the basis of Average
21    Daily Attendance and derived as provided pursuant to
22    subsection (D).
23        (c) "Corporate Personal Property Replacement Taxes":
24    Funds paid to local school districts pursuant to "An Act in
25    relation to the abolition of ad valorem personal property
26    tax and the replacement of revenues lost thereby, and

 

 

HB3488- 7 -LRB097 00228 NHT 40243 b

1    amending and repealing certain Acts and parts of Acts in
2    connection therewith", certified August 14, 1979, as
3    amended (Public Act 81-1st S.S.-1).
4        (d) "Foundation Level": A prescribed level of per pupil
5    financial support as provided for in subsection (B).
6        (e) "Operating Tax Rate": All school district property
7    taxes extended for all purposes, except Bond and Interest,
8    Summer School, Rent, Capital Improvement, and Vocational
9    Education Building purposes.
 
10(B) Foundation Level.
11    (1) The Foundation Level is a figure established by the
12State representing the minimum level of per pupil financial
13support that should be available to provide for the basic
14education of each pupil in Average Daily Attendance. As set
15forth in this Section, each school district is assumed to exert
16a sufficient local taxing effort such that, in combination with
17the aggregate of general State financial aid provided the
18district, an aggregate of State and local resources are
19available to meet the basic education needs of pupils in the
20district.
21    (2) For the 1998-1999 school year, the Foundation Level of
22support is $4,225. For the 1999-2000 school year, the
23Foundation Level of support is $4,325. For the 2000-2001 school
24year, the Foundation Level of support is $4,425. For the
252001-2002 school year and 2002-2003 school year, the Foundation

 

 

HB3488- 8 -LRB097 00228 NHT 40243 b

1Level of support is $4,560. For the 2003-2004 school year, the
2Foundation Level of support is $4,810. For the 2004-2005 school
3year, the Foundation Level of support is $4,964. For the
42005-2006 school year, the Foundation Level of support is
5$5,164. For the 2006-2007 school year, the Foundation Level of
6support is $5,334. For the 2007-2008 school year, the
7Foundation Level of support is $5,734. For the 2008-2009 school
8year, the Foundation Level of support is $5,959.
9    (3) For the 2009-2010 school year and each school year
10thereafter, the Foundation Level of support is $6,119 or such
11greater amount as may be established by law by the General
12Assembly.
 
13(C) Average Daily Attendance.
14    (1) For purposes of calculating general State aid pursuant
15to subsection (E), an Average Daily Attendance figure shall be
16utilized. The Average Daily Attendance figure for formula
17calculation purposes shall be the monthly average of the actual
18number of pupils in attendance of each school district, as
19further averaged for the best 3 months of pupil attendance for
20each school district. In compiling the figures for the number
21of pupils in attendance, school districts and the State Board
22of Education shall, for purposes of general State aid funding,
23conform attendance figures to the requirements of subsection
24(F).
25    (2) The Average Daily Attendance figures utilized in

 

 

HB3488- 9 -LRB097 00228 NHT 40243 b

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

 

 

HB3488- 10 -LRB097 00228 NHT 40243 b

1    (3) For school districts maintaining grades kindergarten
2through 12, local property tax revenues per pupil shall be
3calculated as the product of the applicable equalized assessed
4valuation for the district multiplied by 3.00%, and divided by
5the district's Average Daily Attendance figure. For school
6districts maintaining grades kindergarten through 8, local
7property tax revenues per pupil shall be calculated as the
8product of the applicable equalized assessed valuation for the
9district multiplied by 2.30%, and divided by the district's
10Average Daily Attendance figure. For school districts
11maintaining grades 9 through 12, local property tax revenues
12per pupil shall be the applicable equalized assessed valuation
13of the district multiplied by 1.05%, and divided by the
14district's Average Daily Attendance figure.
15    For partial elementary unit districts created pursuant to
16Article 11E of this Code, local property tax revenues per pupil
17shall be calculated as the product of the equalized assessed
18valuation for property within the partial elementary unit
19district for elementary purposes, as defined in Article 11E of
20this Code, multiplied by 2.06% and divided by the district's
21Average Daily Attendance figure, plus the product of the
22equalized assessed valuation for property within the partial
23elementary unit district for high school purposes, as defined
24in Article 11E of this Code, multiplied by 0.94% and divided by
25the district's Average Daily Attendance figure.
26    (4) The Corporate Personal Property Replacement Taxes paid

 

 

HB3488- 11 -LRB097 00228 NHT 40243 b

1to each school district during the calendar year one year
2before the calendar year in which a school year begins, divided
3by the Average Daily Attendance figure for that district, shall
4be added to the local property tax revenues per pupil as
5derived by the application of the immediately preceding
6paragraph (3). The sum of these per pupil figures for each
7school district shall constitute Available Local Resources as
8that term is utilized in subsection (E) in the calculation of
9general State aid.
 
10(E) Computation of General State Aid.
11    (1) For each school year, the amount of general State aid
12allotted to a school district shall be computed by the State
13Board of Education as provided in this subsection.
14    (2) For any school district for which Available Local
15Resources per pupil is less than the product of 0.93 times the
16Foundation Level, general State aid for that district shall be
17calculated as an amount equal to the Foundation Level minus
18Available Local Resources, multiplied by the Average Daily
19Attendance of the school district.
20    (3) For any school district for which Available Local
21Resources per pupil is equal to or greater than the product of
220.93 times the Foundation Level and less than the product of
231.75 times the Foundation Level, the general State aid per
24pupil shall be a decimal proportion of the Foundation Level
25derived using a linear algorithm. Under this linear algorithm,

 

 

HB3488- 12 -LRB097 00228 NHT 40243 b

1the calculated general State aid per pupil shall decline in
2direct linear fashion from 0.07 times the Foundation Level for
3a school district with Available Local Resources equal to the
4product of 0.93 times the Foundation Level, to 0.05 times the
5Foundation Level for a school district with Available Local
6Resources equal to the product of 1.75 times the Foundation
7Level. The allocation of general State aid for school districts
8subject to this paragraph 3 shall be the calculated general
9State aid per pupil figure multiplied by the Average Daily
10Attendance of the school district.
11    (4) For any school district for which Available Local
12Resources per pupil equals or exceeds the product of 1.75 times
13the Foundation Level, the general State aid for the school
14district shall be calculated as the product of $218 multiplied
15by the Average Daily Attendance of the school district.
16    (5) The amount of general State aid allocated to a school
17district for the 1999-2000 school year meeting the requirements
18set forth in paragraph (4) of subsection (G) shall be increased
19by an amount equal to the general State aid that would have
20been received by the district for the 1998-1999 school year by
21utilizing the Extension Limitation Equalized Assessed
22Valuation as calculated in paragraph (4) of subsection (G) less
23the general State aid allotted for the 1998-1999 school year.
24This amount shall be deemed a one time increase, and shall not
25affect any future general State aid allocations.
 

 

 

HB3488- 13 -LRB097 00228 NHT 40243 b

1(F) Compilation of Average Daily Attendance.
2    (1) Each school district shall, by July 1 of each year,
3submit to the State Board of Education, on forms prescribed by
4the State Board of Education, attendance figures for the school
5year that began in the preceding calendar year. The attendance
6information so transmitted shall identify the average daily
7attendance figures for each month of the school year. Beginning
8with the general State aid claim form for the 2002-2003 school
9year, districts shall calculate Average Daily Attendance as
10provided in subdivisions (a), (b), and (c) of this paragraph
11(1).
12        (a) In districts that do not hold year-round classes,
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.
16        (b) In districts in which all buildings hold year-round
17    classes, days of attendance in July and August shall be
18    added to the month of September and any days of attendance
19    in June shall be added to the month of May.
20        (c) In districts in which some buildings, but not all,
21    hold year-round classes, for the non-year-round buildings,
22    days of attendance in August shall be added to the month of
23    September and any days of attendance in June shall be added
24    to the month of May. The average daily attendance for the
25    year-round buildings shall be computed as provided in
26    subdivision (b) of this paragraph (1). To calculate the

 

 

HB3488- 14 -LRB097 00228 NHT 40243 b

1    Average Daily Attendance for the district, the average
2    daily attendance for the year-round buildings shall be
3    multiplied by the days in session for the non-year-round
4    buildings for each month and added to the monthly
5    attendance of the non-year-round buildings.
6    Except as otherwise provided in this Section, days of
7attendance by pupils shall be counted only for sessions of not
8less than 5 clock hours of school work per day under direct
9supervision of: (i) teachers, or (ii) non-teaching personnel or
10volunteer personnel when engaging in non-teaching duties and
11supervising in those instances specified in subsection (a) of
12Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
13of legal school age and in kindergarten and grades 1 through
1412.
15    Days of attendance by tuition pupils shall be accredited
16only to the districts that pay the tuition to a recognized
17school.
18    (2) Days of attendance by pupils of less than 5 clock hours
19of school shall be subject to the following provisions in the
20compilation of Average Daily Attendance.
21        (a) Pupils regularly enrolled in a public school for
22    only a part of the school day may be counted on the basis
23    of 1/6 day for every class hour of instruction of 40
24    minutes or more attended pursuant to such enrollment,
25    unless a pupil is enrolled in a block-schedule format of 80
26    minutes or more of instruction, in which case the pupil may

 

 

HB3488- 15 -LRB097 00228 NHT 40243 b

1    be counted on the basis of the proportion of minutes of
2    school work completed each day to the minimum number of
3    minutes that school work is required to be held that day.
4        (b) Days of attendance may be less than 5 clock hours
5    on the opening and closing of the school term, and upon the
6    first day of pupil attendance, if preceded by a day or days
7    utilized as an institute or teachers' workshop.
8        (c) A session of 4 or more clock hours may be counted
9    as a day of attendance upon certification by the regional
10    superintendent, and approved by the State Superintendent
11    of Education to the extent that the district has been
12    forced to use daily multiple sessions.
13        (d) A session of 3 or more clock hours may be counted
14    as a day of attendance (1) when the remainder of the school
15    day or at least 2 hours in the evening of that day is
16    utilized for an in-service training program for teachers,
17    up to a maximum of 5 days per school year, provided a
18    district conducts an in-service training program for
19    teachers in accordance with Section 10-22.39 of this Code;
20    or, in lieu of 4 such days, 2 full days may be used, in
21    which event each such day may be counted as a day required
22    for a legal school calendar pursuant to Section 10-19 of
23    this Code; (1.5) when, of the 5 days allowed under item
24    (1), a maximum of 4 days are used for parent-teacher
25    conferences, or, in lieu of 4 such days, 2 full days are
26    used, in which case each such day may be counted as a

 

 

HB3488- 16 -LRB097 00228 NHT 40243 b

1    calendar day required under Section 10-19 of this Code,
2    provided that the full-day, parent-teacher conference
3    consists of (i) a minimum of 5 clock hours of
4    parent-teacher conferences, (ii) both a minimum of 2 clock
5    hours of parent-teacher conferences held in the evening
6    following a full day of student attendance, as specified in
7    subsection (F)(1)(c), and a minimum of 3 clock hours of
8    parent-teacher conferences held on the day immediately
9    following evening parent-teacher conferences, or (iii)
10    multiple parent-teacher conferences held in the evenings
11    following full days of student attendance, as specified in
12    subsection (F)(1)(c), in which the time used for the
13    parent-teacher conferences is equivalent to a minimum of 5
14    clock hours; and (2) when days in addition to those
15    provided in items (1) and (1.5) are scheduled by a school
16    pursuant to its school improvement plan adopted under
17    Article 34 or its revised or amended school improvement
18    plan adopted under Article 2, provided that (i) such
19    sessions of 3 or more clock hours are scheduled to occur at
20    regular intervals, (ii) the remainder of the school days in
21    which such sessions occur are utilized for in-service
22    training programs or other staff development activities
23    for teachers, and (iii) a sufficient number of minutes of
24    school work under the direct supervision of teachers are
25    added to the school days between such regularly scheduled
26    sessions to accumulate not less than the number of minutes

 

 

HB3488- 17 -LRB097 00228 NHT 40243 b

1    by which such sessions of 3 or more clock hours fall short
2    of 5 clock hours. Any full days used for the purposes of
3    this paragraph shall not be considered for computing
4    average daily attendance. Days scheduled for in-service
5    training programs, staff development activities, or
6    parent-teacher conferences may be scheduled separately for
7    different grade levels and different attendance centers of
8    the district.
9        (e) A session of not less than one clock hour of
10    teaching hospitalized or homebound pupils on-site or by
11    telephone to the classroom may be counted as 1/2 day of
12    attendance, however these pupils must receive 4 or more
13    clock hours of instruction to be counted for a full day of
14    attendance.
15        (f) A session of at least 4 clock hours may be counted
16    as a day of attendance for first grade pupils, and pupils
17    in full day kindergartens, and a session of 2 or more hours
18    may be counted as 1/2 day of attendance by pupils in
19    kindergartens which provide only 1/2 day of attendance.
20        (g) For children with disabilities who are below the
21    age of 6 years and who cannot attend 2 or more clock hours
22    because of their disability or immaturity, a session of not
23    less than one clock hour may be counted as 1/2 day of
24    attendance; however for such children whose educational
25    needs so require a session of 4 or more clock hours may be
26    counted as a full day of attendance.

 

 

HB3488- 18 -LRB097 00228 NHT 40243 b

1        (h) A recognized kindergarten which provides for only
2    1/2 day of attendance by each pupil shall not have more
3    than 1/2 day of attendance counted in any one day. However,
4    kindergartens may count 2 1/2 days of attendance in any 5
5    consecutive school days. When a pupil attends such a
6    kindergarten for 2 half days on any one school day, the
7    pupil shall have the following day as a day absent from
8    school, unless the school district obtains permission in
9    writing from the State Superintendent of Education.
10    Attendance at kindergartens which provide for a full day of
11    attendance by each pupil shall be counted the same as
12    attendance by first grade pupils. Only the first year of
13    attendance in one kindergarten shall be counted, except in
14    case of children who entered the kindergarten in their
15    fifth year whose educational development requires a second
16    year of kindergarten as determined under the rules and
17    regulations of the State Board of Education.
18        (i) On the days when the Prairie State Achievement
19    Examination is administered under subsection (c) of
20    Section 2-3.64 of this Code, the day of attendance for a
21    pupil whose school day must be shortened to accommodate
22    required testing procedures may be less than 5 clock hours
23    and shall be counted towards the 180 176 days of actual
24    pupil attendance required under Section 10-19 of this Code,
25    provided that a sufficient number of minutes of school work
26    in excess of 5 clock hours are first completed on other

 

 

HB3488- 19 -LRB097 00228 NHT 40243 b

1    school days to compensate for the loss of school work on
2    the examination days.
 
3(G) Equalized Assessed Valuation Data.
4    (1) For purposes of the calculation of Available Local
5Resources required pursuant to subsection (D), the State Board
6of Education shall secure from the Department of Revenue the
7value as equalized or assessed by the Department of Revenue of
8all taxable property of every school district, together with
9(i) the applicable tax rate used in extending taxes for the
10funds of the district as of September 30 of the previous year
11and (ii) the limiting rate for all school districts subject to
12property tax extension limitations as imposed under the
13Property Tax Extension Limitation Law.
14    The Department of Revenue shall add to the equalized
15assessed value of all taxable property of each school district
16situated entirely or partially within a county that is or was
17subject to the provisions of Section 15-176 or 15-177 of the
18Property Tax Code (a) an amount equal to the total amount by
19which the homestead exemption allowed under Section 15-176 or
2015-177 of the Property Tax Code for real property situated in
21that school district exceeds the total amount that would have
22been allowed in that school district if the maximum reduction
23under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
24all other counties in tax year 2003 or (ii) $5,000 in all
25counties in tax year 2004 and thereafter and (b) an amount

 

 

HB3488- 20 -LRB097 00228 NHT 40243 b

1equal to the aggregate amount for the taxable year of all
2additional exemptions under Section 15-175 of the Property Tax
3Code for owners with a household income of $30,000 or less. The
4county clerk of any county that is or was subject to the
5provisions of Section 15-176 or 15-177 of the Property Tax Code
6shall annually calculate and certify to the Department of
7Revenue for each school district all homestead exemption
8amounts under Section 15-176 or 15-177 of the Property Tax Code
9and all amounts of additional exemptions under Section 15-175
10of the Property Tax Code for owners with a household income of
11$30,000 or less. It is the intent of this paragraph that if the
12general homestead exemption for a parcel of property is
13determined under Section 15-176 or 15-177 of the Property Tax
14Code rather than Section 15-175, then the calculation of
15Available Local Resources shall not be affected by the
16difference, if any, between the amount of the general homestead
17exemption allowed for that parcel of property under Section
1815-176 or 15-177 of the Property Tax Code and the amount that
19would have been allowed had the general homestead exemption for
20that parcel of property been determined under Section 15-175 of
21the Property Tax Code. It is further the intent of this
22paragraph that if additional exemptions are allowed under
23Section 15-175 of the Property Tax Code for owners with a
24household income of less than $30,000, then the calculation of
25Available Local Resources shall not be affected by the
26difference, if any, because of those additional exemptions.

 

 

HB3488- 21 -LRB097 00228 NHT 40243 b

1    This equalized assessed valuation, as adjusted further by
2the requirements of this subsection, shall be utilized in the
3calculation of Available Local Resources.
4    (2) The equalized assessed valuation in paragraph (1) shall
5be adjusted, as applicable, in the following manner:
6        (a) For the purposes of calculating State aid under
7    this Section, with respect to any part of a school district
8    within a redevelopment project area in respect to which a
9    municipality has adopted tax increment allocation
10    financing pursuant to the Tax Increment Allocation
11    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
12    of the Illinois Municipal Code or the Industrial Jobs
13    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
14    Illinois Municipal Code, no part of the current equalized
15    assessed valuation of real property located in any such
16    project area which is attributable to an increase above the
17    total initial equalized assessed valuation of such
18    property shall be used as part of the equalized assessed
19    valuation of the district, until such time as all
20    redevelopment project costs have been paid, as provided in
21    Section 11-74.4-8 of the Tax Increment Allocation
22    Redevelopment Act or in Section 11-74.6-35 of the
23    Industrial Jobs Recovery Law. For the purpose of the
24    equalized assessed valuation of the district, the total
25    initial equalized assessed valuation or the current
26    equalized assessed valuation, whichever is lower, shall be

 

 

HB3488- 22 -LRB097 00228 NHT 40243 b

1    used until such time as all redevelopment project costs
2    have been paid.
3        (b) The real property equalized assessed valuation for
4    a school district shall be adjusted by subtracting from the
5    real property value as equalized or assessed by the
6    Department of Revenue for the district an amount computed
7    by dividing the amount of any abatement of taxes under
8    Section 18-170 of the Property Tax Code by 3.00% for a
9    district maintaining grades kindergarten through 12, by
10    2.30% for a district maintaining grades kindergarten
11    through 8, or by 1.05% for a district maintaining grades 9
12    through 12 and adjusted by an amount computed by dividing
13    the amount of any abatement of taxes under subsection (a)
14    of Section 18-165 of the Property Tax Code by the same
15    percentage rates for district type as specified in this
16    subparagraph (b).
17    (3) For the 1999-2000 school year and each school year
18thereafter, if a school district meets all of the criteria of
19this subsection (G)(3), the school district's Available Local
20Resources shall be calculated under subsection (D) using the
21district's Extension Limitation Equalized Assessed Valuation
22as calculated under this subsection (G)(3).
23    For purposes of this subsection (G)(3) the following terms
24shall have the following meanings:
25        "Budget Year": The school year for which general State
26    aid is calculated and awarded under subsection (E).

 

 

HB3488- 23 -LRB097 00228 NHT 40243 b

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

 

 

HB3488- 24 -LRB097 00228 NHT 40243 b

1the product of the district's 1996 Equalized Assessed Valuation
2and the district's Extension Limitation Ratio. Except as
3otherwise provided in this paragraph for a school district that
4has approved or does approve an increase in its limiting rate,
5for the 2000-2001 school year and each school year thereafter,
6the Extension Limitation Equalized Assessed Valuation of a
7school district as calculated by the State Board of Education
8shall be equal to the product of the Equalized Assessed
9Valuation last used in the calculation of general State aid and
10the district's Extension Limitation Ratio. If the Extension
11Limitation Equalized Assessed Valuation of a school district as
12calculated under this subsection (G)(3) is less than the
13district's equalized assessed valuation as calculated pursuant
14to subsections (G)(1) and (G)(2), then for purposes of
15calculating the district's general State aid for the Budget
16Year pursuant to subsection (E), that Extension Limitation
17Equalized Assessed Valuation shall be utilized to calculate the
18district's Available Local Resources under subsection (D). For
19the 2009-2010 school year and each school year thereafter, if a
20school district has approved or does approve an increase in its
21limiting rate, pursuant to Section 18-190 of the Property Tax
22Code, affecting the Base Tax Year, the Extension Limitation
23Equalized Assessed Valuation of the school district, as
24calculated by the State Board of Education, shall be equal to
25the product of the Equalized Assessed Valuation last used in
26the calculation of general State aid times an amount equal to

 

 

HB3488- 25 -LRB097 00228 NHT 40243 b

1one plus the percentage increase, if any, in the Consumer Price
2Index for all Urban Consumers for all items published by the
3United States Department of Labor for the 12-month calendar
4year preceding the Base Tax Year, plus the Equalized Assessed
5Valuation of new property, annexed property, and recovered tax
6increment value and minus the Equalized Assessed Valuation of
7disconnected property. New property and recovered tax
8increment value shall have the meanings set forth in the
9Property Tax Extension Limitation Law.
10    Partial elementary unit districts created in accordance
11with Article 11E of this Code shall not be eligible for the
12adjustment in this subsection (G)(3) until the fifth year
13following the effective date of the reorganization.
14    (4) For the purposes of calculating general State aid for
15the 1999-2000 school year only, if a school district
16experienced a triennial reassessment on the equalized assessed
17valuation used in calculating its general State financial aid
18apportionment for the 1998-1999 school year, the State Board of
19Education shall calculate the Extension Limitation Equalized
20Assessed Valuation that would have been used to calculate the
21district's 1998-1999 general State aid. This amount shall equal
22the product of the equalized assessed valuation used to
23calculate general State aid for the 1997-1998 school year and
24the district's Extension Limitation Ratio. If the Extension
25Limitation Equalized Assessed Valuation of the school district
26as calculated under this paragraph (4) is less than the

 

 

HB3488- 26 -LRB097 00228 NHT 40243 b

1district's equalized assessed valuation utilized in
2calculating the district's 1998-1999 general State aid
3allocation, then for purposes of calculating the district's
4general State aid pursuant to paragraph (5) of subsection (E),
5that Extension Limitation Equalized Assessed Valuation shall
6be utilized to calculate the district's Available Local
7Resources.
8    (5) For school districts having a majority of their
9equalized assessed valuation in any county except Cook, DuPage,
10Kane, Lake, McHenry, or Will, if the amount of general State
11aid allocated to the school district for the 1999-2000 school
12year under the provisions of subsection (E), (H), and (J) of
13this Section is less than the amount of general State aid
14allocated to the district for the 1998-1999 school year under
15these subsections, then the general State aid of the district
16for the 1999-2000 school year only shall be increased by the
17difference between these amounts. The total payments made under
18this paragraph (5) shall not exceed $14,000,000. Claims shall
19be prorated if they exceed $14,000,000.
 
20(H) Supplemental General State Aid.
21    (1) In addition to the general State aid a school district
22is allotted pursuant to subsection (E), qualifying school
23districts shall receive a grant, paid in conjunction with a
24district's payments of general State aid, for supplemental
25general State aid based upon the concentration level of

 

 

HB3488- 27 -LRB097 00228 NHT 40243 b

1children from low-income households within the school
2district. Supplemental State aid grants provided for school
3districts under this subsection shall be appropriated for
4distribution to school districts as part of the same line item
5in which the general State financial aid of school districts is
6appropriated under this Section.
7    (1.5) This paragraph (1.5) applies only to those school
8years preceding the 2003-2004 school year. For purposes of this
9subsection (H), the term "Low-Income Concentration Level"
10shall be the low-income eligible pupil count from the most
11recently available federal census divided by the Average Daily
12Attendance of the school district. If, however, (i) the
13percentage decrease from the 2 most recent federal censuses in
14the low-income eligible pupil count of a high school district
15with fewer than 400 students exceeds by 75% or more the
16percentage change in the total low-income eligible pupil count
17of contiguous elementary school districts, whose boundaries
18are coterminous with the high school district, or (ii) a high
19school district within 2 counties and serving 5 elementary
20school districts, whose boundaries are coterminous with the
21high school district, has a percentage decrease from the 2 most
22recent federal censuses in the low-income eligible pupil count
23and there is a percentage increase in the total low-income
24eligible pupil count of a majority of the elementary school
25districts in excess of 50% from the 2 most recent federal
26censuses, then the high school district's low-income eligible

 

 

HB3488- 28 -LRB097 00228 NHT 40243 b

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

 

 

HB3488- 29 -LRB097 00228 NHT 40243 b

1immediately preceding fiscal years for each fiscal year
2thereafter) divided by the Average Daily Attendance of the
3school district.
4    (2) Supplemental general State aid pursuant to this
5subsection (H) shall be provided as follows for the 1998-1999,
61999-2000, 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.

 

 

HB3488- 30 -LRB097 00228 NHT 40243 b

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
6subsection (H) shall be provided as follows for the 2002-2003
7school 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

 

 

HB3488- 31 -LRB097 00228 NHT 40243 b

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
7State aid pursuant to this subsection (H) shall be provided as
8follows for the 2003-2004 school year and each school year
9thereafter:
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
20thereafter through the 2008-2009 school year only, the grant
21shall be no less than the grant for the 2002-2003 school year.
22For the 2009-2010 school year only, the grant shall be no less
23than the grant for the 2002-2003 school year multiplied by
240.66. For the 2010-2011 school year only, the grant shall be no
25less than the grant for the 2002-2003 school year multiplied by
260.33. Notwithstanding the provisions of this paragraph to the

 

 

HB3488- 32 -LRB097 00228 NHT 40243 b

1contrary, if for any school year supplemental general State aid
2grants are prorated as provided in paragraph (1) of this
3subsection (H), then the grants under this paragraph shall be
4prorated.
5    For the 2003-2004 school year only, the grant shall be no
6greater than the grant received during the 2002-2003 school
7year added to the product of 0.25 multiplied by the difference
8between the grant amount calculated under subsection (a) or (b)
9of this paragraph (2.10), whichever is applicable, and the
10grant received during the 2002-2003 school year. For the
112004-2005 school year only, the grant shall be no greater than
12the grant received during the 2002-2003 school year added to
13the product of 0.50 multiplied by the difference between the
14grant amount calculated under subsection (a) or (b) of this
15paragraph (2.10), whichever is applicable, and the grant
16received during the 2002-2003 school year. For the 2005-2006
17school year only, the grant shall be no greater than the grant
18received during the 2002-2003 school year added to the product
19of 0.75 multiplied by the difference between the grant amount
20calculated under subsection (a) or (b) of this paragraph
21(2.10), whichever is applicable, and the grant received during
22the 2002-2003 school year.
23    (3) School districts with an Average Daily Attendance of
24more than 1,000 and less than 50,000 that qualify for
25supplemental general State aid pursuant to this subsection
26shall submit a plan to the State Board of Education prior to

 

 

HB3488- 33 -LRB097 00228 NHT 40243 b

1October 30 of each year for the use of the funds resulting from
2this grant of supplemental general State aid for the
3improvement of instruction in which priority is given to
4meeting the education needs of disadvantaged children. Such
5plan shall be submitted in accordance with rules and
6regulations promulgated by the State Board of Education.
7    (4) School districts with an Average Daily Attendance of
850,000 or more that qualify for supplemental general State aid
9pursuant to this subsection shall be required to distribute
10from 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.

 

 

HB3488- 34 -LRB097 00228 NHT 40243 b

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.

 

 

HB3488- 35 -LRB097 00228 NHT 40243 b

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

 

 

HB3488- 36 -LRB097 00228 NHT 40243 b

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

 

 

HB3488- 37 -LRB097 00228 NHT 40243 b

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,
7the amount of the aggregate general State aid in combination
8with supplemental general State aid under this Section for
9which each school district is eligible shall be no less than
10the amount of the aggregate general State aid entitlement that
11was received by the district under Section 18-8 (exclusive of
12amounts received under subsections 5(p) and 5(p-5) of that
13Section) for the 1997-98 school year, pursuant to the
14provisions of that Section as it was then in effect. If a
15school district qualifies to receive a supplementary payment
16made under this subsection (J), the amount of the aggregate
17general State aid in combination with supplemental general
18State aid under this Section which that district is eligible to
19receive for each school year shall be no less than the amount
20of the aggregate general State aid entitlement that was
21received by the district under Section 18-8 (exclusive of
22amounts received under subsections 5(p) and 5(p-5) of that
23Section) for the 1997-1998 school year, pursuant to the
24provisions of that Section as it was then in effect.

 

 

HB3488- 38 -LRB097 00228 NHT 40243 b

1    (2) If, as provided in paragraph (1) of this subsection
2(J), a school district is to receive aggregate general State
3aid in combination with supplemental general State aid under
4this Section for the 1998-99 school year and any subsequent
5school year that in any such school year is less than the
6amount of the aggregate general State aid entitlement that the
7district received for the 1997-98 school year, the school
8district shall also receive, from a separate appropriation made
9for purposes of this subsection (J), a supplementary payment
10that is equal to the amount of the difference in the aggregate
11State aid figures as described in paragraph (1).
12    (3) (Blank).
 
13(K) Grants to Laboratory and Alternative Schools.
14    In calculating the amount to be paid to the governing board
15of a public university that operates a laboratory school under
16this Section or to any alternative school that is operated by a
17regional superintendent of schools, the State Board of
18Education shall require by rule such reporting requirements as
19it deems necessary.
20    As used in this Section, "laboratory school" means a public
21school which is created and operated by a public university and
22approved by the State Board of Education. The governing board
23of a public university which receives funds from the State
24Board under this subsection (K) may not increase the number of
25students enrolled in its laboratory school from a single

 

 

HB3488- 39 -LRB097 00228 NHT 40243 b

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

 

 

HB3488- 40 -LRB097 00228 NHT 40243 b

1Daily Attendance shall be computed for each school. The general
2State aid entitlement shall be computed by multiplying the
3applicable Average Daily Attendance by the Foundation Level as
4determined under this Section.
 
5(L) Payments, Additional Grants in Aid and Other Requirements.
6    (1) For a school district operating under the financial
7supervision of an Authority created under Article 34A, the
8general State aid otherwise payable to that district under this
9Section, but not the supplemental general State aid, shall be
10reduced by an amount equal to the budget for the operations of
11the Authority as certified by the Authority to the State Board
12of Education, and an amount equal to such reduction shall be
13paid to the Authority created for such district for its
14operating expenses in the manner provided in Section 18-11. The
15remainder of general State school aid for any such district
16shall be paid in accordance with Article 34A when that Article
17provides for a disposition other than that provided by this
18Article.
19    (2) (Blank).
20    (3) Summer school. Summer school payments shall be made as
21provided in Section 18-4.3.
 
22(M) Education Funding Advisory Board.
23    The Education Funding Advisory Board, hereinafter in this
24subsection (M) referred to as the "Board", is hereby created.

 

 

HB3488- 41 -LRB097 00228 NHT 40243 b

1The Board shall consist of 5 members who are appointed by the
2Governor, by and with the advice and consent of the Senate. The
3members appointed shall include representatives of education,
4business, and the general public. One of the members so
5appointed shall be designated by the Governor at the time the
6appointment is made as the chairperson of the Board. The
7initial members of the Board may be appointed any time after
8the effective date of this amendatory Act of 1997. The regular
9term of each member of the Board shall be for 4 years from the
10third Monday of January of the year in which the term of the
11member's appointment is to commence, except that of the 5
12initial members appointed to serve on the Board, the member who
13is appointed as the chairperson shall serve for a term that
14commences on the date of his or her appointment and expires on
15the third Monday of January, 2002, and the remaining 4 members,
16by lots drawn at the first meeting of the Board that is held
17after all 5 members are appointed, shall determine 2 of their
18number to serve for terms that commence on the date of their
19respective appointments and expire on the third Monday of
20January, 2001, and 2 of their number to serve for terms that
21commence on the date of their respective appointments and
22expire on the third Monday of January, 2000. All members
23appointed to serve on the Board shall serve until their
24respective successors are appointed and confirmed. Vacancies
25shall be filled in the same manner as original appointments. If
26a vacancy in membership occurs at a time when the Senate is not

 

 

HB3488- 42 -LRB097 00228 NHT 40243 b

1in session, the Governor shall make a temporary appointment
2until the next meeting of the Senate, when he or she shall
3appoint, by and with the advice and consent of the Senate, a
4person to fill that membership for the unexpired term. If the
5Senate is not in session when the initial appointments are
6made, those appointments shall be made as in the case of
7vacancies.
8    The Education Funding Advisory Board shall be deemed
9established, and the initial members appointed by the Governor
10to serve as members of the Board shall take office, on the date
11that the Governor makes his or her appointment of the fifth
12initial member of the Board, whether those initial members are
13then serving pursuant to appointment and confirmation or
14pursuant to temporary appointments that are made by the
15Governor as in the case of vacancies.
16    The State Board of Education shall provide such staff
17assistance to the Education Funding Advisory Board as is
18reasonably required for the proper performance by the Board of
19its responsibilities.
20    For school years after the 2000-2001 school year, the
21Education Funding Advisory Board, in consultation with the
22State Board of Education, shall make recommendations as
23provided in this subsection (M) to the General Assembly for the
24foundation level under subdivision (B)(3) of this Section and
25for the supplemental general State aid grant level under
26subsection (H) of this Section for districts with high

 

 

HB3488- 43 -LRB097 00228 NHT 40243 b

1concentrations of children from poverty. The recommended
2foundation level shall be determined based on a methodology
3which incorporates the basic education expenditures of
4low-spending schools exhibiting high academic performance. The
5Education Funding Advisory Board shall make such
6recommendations to the General Assembly on January 1 of odd
7numbered years, beginning January 1, 2001.
 
8(N) (Blank).
 
9(O) References.
10    (1) References in other laws to the various subdivisions of
11Section 18-8 as that Section existed before its repeal and
12replacement by this Section 18-8.05 shall be deemed to refer to
13the corresponding provisions of this Section 18-8.05, to the
14extent that those references remain applicable.
15    (2) References in other laws to State Chapter 1 funds shall
16be deemed to refer to the supplemental general State aid
17provided under subsection (H) of this Section.
 
18(P) Public Act 93-838 and Public Act 93-808 make inconsistent
19changes to this Section. Under Section 6 of the Statute on
20Statutes there is an irreconcilable conflict between Public Act
2193-808 and Public Act 93-838. Public Act 93-838, being the last
22acted upon, is controlling. The text of Public Act 93-838 is
23the law regardless of the text of Public Act 93-808.

 

 

HB3488- 44 -LRB097 00228 NHT 40243 b

1(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
295-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
38-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
48-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; 96-959,
5eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
6    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
7    Sec. 18-12. Dates for filing State aid claims. The school
8board of each school district shall require teachers,
9principals, or superintendents to furnish from records kept by
10them such data as it needs in preparing and certifying to the
11regional superintendent its school district report of claims
12provided in Sections 18-8.05 through 18-9 as required by the
13State Superintendent of Education. The district claim shall be
14based on the latest available equalized assessed valuation and
15tax rates, as provided in Section 18-8.05 and shall use the
16average daily attendance as determined by the method outlined
17in Section 18-8.05 and shall be certified and filed with the
18regional superintendent by June 21 for districts with an
19official school calendar end date before June 15 or within 2
20weeks following the official school calendar end date for
21districts with a school year end date of June 15 or later. The
22regional superintendent shall certify and file with the State
23Superintendent of Education district State aid claims by July 1
24for districts with an official school calendar end date before
25June 15 or no later than July 15 for districts with an official

 

 

HB3488- 45 -LRB097 00228 NHT 40243 b

1school calendar end date of June 15 or later. Failure to so
2file by these deadlines constitutes a forfeiture of the right
3to receive payment by the State until such claim is filed and
4vouchered for payment. The regional superintendent of schools
5shall certify the county report of claims by July 15; and the
6State Superintendent of Education shall voucher for payment
7those claims to the State Comptroller as provided in Section
818-11.
9    Except as otherwise provided in this Section, if any school
10district fails to provide the minimum school term specified in
11Section 10-19, the State aid claim for that year shall be
12reduced by the State Superintendent of Education in an amount
13equivalent to 1/180 1/176 or 0.55556% .56818% for each day less
14than the number of days required by this Code.
15    If the State Superintendent of Education determines that
16the failure to provide the minimum school term was occasioned
17by an act or acts of God, or was occasioned by conditions
18beyond the control of the school district which posed a
19hazardous threat to the health and safety of pupils, the State
20aid claim need not be reduced.
21    If a school district is precluded from providing the
22minimum hours of instruction required for a full day of
23attendance due to an adverse weather condition or a condition
24beyond the control of the school district that poses a
25hazardous threat to the health and safety of students, then the
26partial day of attendance may be counted if (i) the school

 

 

HB3488- 46 -LRB097 00228 NHT 40243 b

1district has provided at least one hour of instruction prior to
2the closure of the school district, (ii) a school building has
3provided at least one hour of instruction prior to the closure
4of the school building, or (iii) the normal start time of the
5school district is delayed.
6    If, prior to providing any instruction, a school district
7must close one or more but not all school buildings after
8consultation with a local emergency response agency or due to a
9condition beyond the control of the school district, then the
10school district may claim attendance for up to 2 school days
11based on the average attendance of the 3 school days
12immediately preceding the closure of the affected school
13building. The partial or no day of attendance described in this
14Section and the reasons therefore shall be certified within a
15month of the closing or delayed start by the school district
16superintendent to the regional superintendent of schools for
17forwarding to the State Superintendent of Education for
18approval.
19    No exception to the requirement of providing a minimum
20school term may be approved by the State Superintendent of
21Education pursuant to this Section unless a school district has
22first used all emergency days provided for in its regular
23calendar.
24    If the State Superintendent of Education declares that an
25energy shortage exists during any part of the school year for
26the State or a designated portion of the State, a district may

 

 

HB3488- 47 -LRB097 00228 NHT 40243 b

1operate the school attendance centers within the district 4
2days of the week during the time of the shortage by extending
3each existing school day by one clock hour of school work, and
4the State aid claim shall not be reduced, nor shall the
5employees of that district suffer any reduction in salary or
6benefits as a result thereof. A district may operate all
7attendance centers on this revised schedule, or may apply the
8schedule to selected attendance centers, taking into
9consideration such factors as pupil transportation schedules
10and patterns and sources of energy for individual attendance
11centers.
12    Electronically submitted State aid claims shall be
13submitted by duly authorized district or regional individuals
14over a secure network that is password protected. The
15electronic submission of a State aid claim must be accompanied
16with an affirmation that all of the provisions of Sections
1718-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
18all respects.
19(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
2095-876, eff. 8-21-08; 96-734, eff. 8-25-09.)