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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1980 Introduced , by Rep. Tom Cross SYNOPSIS AS INTRODUCED: | | |
Amends the School Code. Makes a technical change in a Section concerning the
State aid formula.
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| | A BILL FOR |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 18-8.05 as follows:
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6 | | (105 ILCS 5/18-8.05)
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7 | | (Text of Section before amendment by P.A. 97-742 ) |
8 | | Sec. 18-8.05. Basis for apportionment of general State |
9 | | financial aid and
supplemental general State aid to the the |
10 | | common schools for the 1998-1999 and
subsequent school years.
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11 | | (A) General Provisions. |
12 | | (1)
The provisions of this Section apply to the 1998-1999 |
13 | | and subsequent
school years. The system of general State |
14 | | financial aid provided for in this
Section
is designed to |
15 | | assure that, through a combination of State financial aid and
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16 | | required local resources, the financial support provided each |
17 | | pupil in Average
Daily Attendance equals or exceeds a
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18 | | prescribed per pupil Foundation Level. This formula approach |
19 | | imputes a level
of per pupil Available Local Resources and |
20 | | provides for the basis to calculate
a per pupil level of |
21 | | general State financial aid that, when added to Available
Local |
22 | | Resources, equals or exceeds the Foundation Level. The
amount |
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1 | | of per pupil general State financial aid for school districts, |
2 | | in
general, varies in inverse
relation to Available Local |
3 | | Resources. Per pupil amounts are based upon
each school |
4 | | district's Average Daily Attendance as that term is defined in |
5 | | this
Section. |
6 | | (2) In addition to general State financial aid, school |
7 | | districts with
specified levels or concentrations of pupils |
8 | | from low income households are
eligible to receive supplemental |
9 | | general State financial aid grants as provided
pursuant to |
10 | | subsection (H).
The supplemental State aid grants provided for |
11 | | school districts under
subsection (H) shall be appropriated for |
12 | | distribution to school districts as
part of the same line item |
13 | | in which the general State financial aid of school
districts is |
14 | | appropriated under this Section. |
15 | | (3) To receive financial assistance under this Section, |
16 | | school districts
are required to file claims with the State |
17 | | Board of Education, subject to the
following requirements: |
18 | | (a) Any school district which fails for any given |
19 | | school year to maintain
school as required by law, or to |
20 | | maintain a recognized school is not
eligible to file for |
21 | | such school year any claim upon the Common School
Fund. In |
22 | | case of nonrecognition of one or more attendance centers in |
23 | | a
school district otherwise operating recognized schools, |
24 | | the claim of the
district shall be reduced in the |
25 | | proportion which the Average Daily
Attendance in the |
26 | | attendance center or centers bear to the Average Daily
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1 | | Attendance in the school district. A "recognized school" |
2 | | means any
public school which meets the standards as |
3 | | established for recognition
by the State Board of |
4 | | Education. A school district or attendance center
not |
5 | | having recognition status at the end of a school term is |
6 | | entitled to
receive State aid payments due upon a legal |
7 | | claim which was filed while
it was recognized. |
8 | | (b) School district claims filed under this Section are |
9 | | subject to
Sections 18-9 and 18-12, except as otherwise |
10 | | provided in this
Section. |
11 | | (c) If a school district operates a full year school |
12 | | under Section
10-19.1, the general State aid to the school |
13 | | district shall be determined
by the State Board of |
14 | | Education in accordance with this Section as near as
may be |
15 | | applicable. |
16 | | (d) (Blank). |
17 | | (4) Except as provided in subsections (H) and (L), the |
18 | | board of any district
receiving any of the grants provided for |
19 | | in this Section may apply those funds
to any fund so received |
20 | | for which that board is authorized to make expenditures
by law. |
21 | | School districts are not required to exert a minimum |
22 | | Operating Tax Rate in
order to qualify for assistance under |
23 | | this Section. |
24 | | (5) As used in this Section the following terms, when |
25 | | capitalized, shall
have the meaning ascribed herein: |
26 | | (a) "Average Daily Attendance": A count of pupil |
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1 | | attendance in school,
averaged as provided for in |
2 | | subsection (C) and utilized in deriving per pupil
financial |
3 | | support levels. |
4 | | (b) "Available Local Resources": A computation of |
5 | | local financial
support, calculated on the basis of Average |
6 | | Daily Attendance and derived as
provided pursuant to |
7 | | subsection (D). |
8 | | (c) "Corporate Personal Property Replacement Taxes": |
9 | | Funds paid to local
school districts pursuant to "An Act in |
10 | | relation to the abolition of ad valorem
personal property |
11 | | tax and the replacement of revenues lost thereby, and
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12 | | amending and repealing certain Acts and parts of Acts in |
13 | | connection therewith",
certified August 14, 1979, as |
14 | | amended (Public Act 81-1st S.S.-1). |
15 | | (d) "Foundation Level": A prescribed level of per pupil |
16 | | financial support
as provided for in subsection (B). |
17 | | (e) "Operating Tax Rate": All school district property |
18 | | taxes extended for
all purposes, except Bond and
Interest, |
19 | | Summer School, Rent, Capital Improvement, and Vocational |
20 | | Education
Building purposes.
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21 | | (B) Foundation Level. |
22 | | (1) The Foundation Level is a figure established by the |
23 | | State representing
the minimum level of per pupil financial |
24 | | support that should be available to
provide for the basic |
25 | | education of each pupil in
Average Daily Attendance. As set |
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1 | | forth in this Section, each school district
is assumed to exert
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2 | | a sufficient local taxing effort such that, in combination with |
3 | | the aggregate
of general State
financial aid provided the |
4 | | district, an aggregate of State and local resources
are |
5 | | available to meet
the basic education needs of pupils in the |
6 | | district. |
7 | | (2) For the 1998-1999 school year, the Foundation Level of |
8 | | support is
$4,225. For the 1999-2000 school year, the |
9 | | Foundation Level of support is
$4,325. For the 2000-2001 school |
10 | | year, the Foundation Level of support is
$4,425. For the |
11 | | 2001-2002 school year and 2002-2003 school year, the
Foundation |
12 | | Level of support is $4,560. For the 2003-2004 school year, the |
13 | | Foundation Level of support is $4,810. For the 2004-2005 school |
14 | | year, the Foundation Level of support is $4,964.
For the |
15 | | 2005-2006 school year,
the Foundation Level of support is |
16 | | $5,164. For the 2006-2007 school year, the Foundation Level of |
17 | | support is $5,334. For the 2007-2008 school year, the |
18 | | Foundation Level of support is $5,734. For the 2008-2009 school |
19 | | year, the Foundation Level of support is $5,959. |
20 | | (3) For the 2009-2010 school year and each school year |
21 | | thereafter,
the Foundation Level of support is $6,119 or such |
22 | | greater amount as
may be established by law by the General |
23 | | Assembly.
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24 | | (C) Average Daily Attendance. |
25 | | (1) For purposes of calculating general State aid pursuant |
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1 | | to subsection
(E), an Average Daily Attendance figure shall be |
2 | | utilized. The Average Daily
Attendance figure for formula
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3 | | calculation purposes shall be the monthly average of the actual |
4 | | number of
pupils in attendance of
each school district, as |
5 | | further averaged for the best 3 months of pupil
attendance for |
6 | | each
school district. In compiling the figures for the number |
7 | | of pupils in
attendance, school districts
and the State Board |
8 | | of Education shall, for purposes of general State aid
funding, |
9 | | conform
attendance figures to the requirements of subsection |
10 | | (F). |
11 | | (2) The Average Daily Attendance figures utilized in |
12 | | subsection (E) shall be
the requisite attendance data for the |
13 | | school year immediately preceding
the
school year for which |
14 | | general State aid is being calculated
or the average of the |
15 | | attendance data for the 3 preceding school
years, whichever is |
16 | | greater. The Average Daily Attendance figures
utilized in |
17 | | subsection (H) shall be the requisite attendance data for the
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18 | | school year immediately preceding the school year for which |
19 | | general
State aid is being calculated.
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20 | | (D) Available Local Resources. |
21 | | (1) For purposes of calculating general State aid pursuant |
22 | | to subsection
(E), a representation of Available Local |
23 | | Resources per pupil, as that term is
defined and determined in |
24 | | this subsection, shall be utilized. Available Local
Resources |
25 | | per pupil shall include a calculated
dollar amount representing |
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1 | | local school district revenues from local property
taxes and |
2 | | from
Corporate Personal Property Replacement Taxes, expressed |
3 | | on the basis of pupils
in Average
Daily Attendance. Calculation |
4 | | of Available Local Resources shall exclude any tax amnesty |
5 | | funds received as a result of Public Act 93-26. |
6 | | (2) In determining a school district's revenue from local |
7 | | property taxes,
the State Board of Education shall utilize the |
8 | | equalized assessed valuation of
all taxable property of each |
9 | | school
district as of September 30 of the previous year. The |
10 | | equalized assessed
valuation utilized shall
be obtained and |
11 | | determined as provided in subsection (G). |
12 | | (3) For school districts maintaining grades kindergarten |
13 | | through 12, local
property tax
revenues per pupil shall be |
14 | | calculated as the product of the applicable
equalized assessed
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15 | | valuation for the district multiplied by 3.00%, and divided by |
16 | | the district's
Average Daily
Attendance figure. For school |
17 | | districts maintaining grades kindergarten
through 8, local
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18 | | property tax revenues per pupil shall be calculated as the |
19 | | product of the
applicable equalized
assessed valuation for the |
20 | | district multiplied by 2.30%, and divided by the
district's |
21 | | Average
Daily Attendance figure. For school districts |
22 | | maintaining grades 9 through 12,
local property
tax revenues |
23 | | per pupil shall be the applicable equalized assessed valuation |
24 | | of
the district
multiplied by 1.05%, and divided by the |
25 | | district's Average Daily
Attendance
figure. |
26 | | For partial elementary unit districts created pursuant to |
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1 | | Article 11E of this Code, local property tax revenues per pupil |
2 | | shall be calculated as the product of the equalized assessed |
3 | | valuation for property within the partial elementary unit |
4 | | district for elementary purposes, as defined in Article 11E of |
5 | | this Code, multiplied by 2.06% and divided by the district's |
6 | | Average Daily Attendance figure, plus the product of the |
7 | | equalized assessed valuation for property within the partial |
8 | | elementary unit district for high school purposes, as defined |
9 | | in Article 11E of this Code, multiplied by 0.94% and divided by |
10 | | the district's Average Daily Attendance figure.
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11 | | (4) The Corporate Personal Property Replacement Taxes paid |
12 | | to each school
district during the calendar year one year |
13 | | before the calendar year in which a
school year begins, divided |
14 | | by the Average Daily Attendance figure for that
district, shall |
15 | | be added to the local property tax revenues per pupil as
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16 | | derived by the application of the immediately preceding |
17 | | paragraph (3). The sum
of these per pupil figures for each |
18 | | school district shall constitute Available
Local Resources as |
19 | | that term is utilized in subsection (E) in the calculation
of |
20 | | general State aid.
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21 | | (E) Computation of General State Aid. |
22 | | (1) For each school year, the amount of general State aid |
23 | | allotted to a
school district shall be computed by the State |
24 | | Board of Education as provided
in this subsection. |
25 | | (2) For any school district for which Available Local |
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1 | | Resources per pupil
is less than the product of 0.93 times the |
2 | | Foundation Level, general State aid
for that district shall be |
3 | | calculated as an amount equal to the Foundation
Level minus |
4 | | Available Local Resources, multiplied by the Average Daily
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5 | | Attendance of the school district. |
6 | | (3) For any school district for which Available Local |
7 | | Resources per pupil
is equal to or greater than the product of |
8 | | 0.93 times the Foundation Level and
less than the product of |
9 | | 1.75 times the Foundation Level, the general State aid
per |
10 | | pupil shall be a decimal proportion of the Foundation Level |
11 | | derived using a
linear algorithm. Under this linear algorithm, |
12 | | the calculated general State
aid per pupil shall decline in |
13 | | direct linear fashion from 0.07 times the
Foundation Level for |
14 | | a school district with Available Local Resources equal to
the |
15 | | product of 0.93 times the Foundation Level, to 0.05 times the |
16 | | Foundation
Level for a school district with Available Local |
17 | | Resources equal to the product
of 1.75 times the Foundation |
18 | | Level. The allocation of general
State aid for school districts |
19 | | subject to this paragraph 3 shall be the
calculated general |
20 | | State aid
per pupil figure multiplied by the Average Daily |
21 | | Attendance of the school
district. |
22 | | (4) For any school district for which Available Local |
23 | | Resources per pupil
equals or exceeds the product of 1.75 times |
24 | | the Foundation Level, the general
State aid for the school |
25 | | district shall be calculated as the product of $218
multiplied |
26 | | by the Average Daily Attendance of the school
district. |
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1 | | (5) The amount of general State aid allocated to a school |
2 | | district for
the 1999-2000 school year meeting the requirements |
3 | | set forth in paragraph (4)
of subsection
(G) shall be increased |
4 | | by an amount equal to the general State aid that
would have |
5 | | been received by the district for the 1998-1999 school year by
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6 | | utilizing the Extension Limitation Equalized Assessed |
7 | | Valuation as calculated
in paragraph (4) of subsection (G) less |
8 | | the general State aid allotted for the
1998-1999
school year. |
9 | | This amount shall be deemed a one time increase, and shall not
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10 | | affect any future general State aid allocations.
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11 | | (F) Compilation of Average Daily Attendance. |
12 | | (1) Each school district shall, by July 1 of each year, |
13 | | submit to the State
Board of Education, on forms prescribed by |
14 | | the State Board of Education,
attendance figures for the school |
15 | | year that began in the preceding calendar
year. The attendance |
16 | | information so transmitted shall identify the average
daily |
17 | | attendance figures for each month of the school year. Beginning |
18 | | with
the general State aid claim form for the 2002-2003 school
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19 | | year, districts shall calculate Average Daily Attendance as |
20 | | provided in
subdivisions (a), (b), and (c) of this paragraph |
21 | | (1). |
22 | | (a) In districts that do not hold year-round classes,
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23 | | days of attendance in August shall be added to the month of |
24 | | September and any
days of attendance in June shall be added |
25 | | to the month of May. |
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1 | | (b) In districts in which all buildings hold year-round |
2 | | classes,
days of attendance in July and August shall be |
3 | | added to the month
of September and any days of attendance |
4 | | in June shall be added to
the month of May. |
5 | | (c) In districts in which some buildings, but not all, |
6 | | hold
year-round classes, for the non-year-round buildings, |
7 | | days of
attendance in August shall be added to the month of |
8 | | September
and any days of attendance in June shall be added |
9 | | to the month of
May. The average daily attendance for the |
10 | | year-round buildings
shall be computed as provided in |
11 | | subdivision (b) of this paragraph
(1). To calculate the |
12 | | Average Daily Attendance for the district, the
average |
13 | | daily attendance for the year-round buildings shall be
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14 | | multiplied by the days in session for the non-year-round |
15 | | buildings
for each month and added to the monthly |
16 | | attendance of the
non-year-round buildings. |
17 | | Except as otherwise provided in this Section, days of
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18 | | attendance by pupils shall be counted only for sessions of not |
19 | | less than
5 clock hours of school work per day under direct |
20 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or |
21 | | volunteer personnel when engaging
in non-teaching duties and |
22 | | supervising in those instances specified in
subsection (a) of |
23 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
24 | | of legal school age and in kindergarten and grades 1 through |
25 | | 12. |
26 | | Days of attendance by tuition pupils shall be accredited |
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1 | | only to the
districts that pay the tuition to a recognized |
2 | | school. |
3 | | (2) Days of attendance by pupils of less than 5 clock hours |
4 | | of school
shall be subject to the following provisions in the |
5 | | compilation of Average
Daily Attendance. |
6 | | (a) Pupils regularly enrolled in a public school for |
7 | | only a part of
the school day may be counted on the basis |
8 | | of 1/6 day for every class hour
of instruction of 40 |
9 | | minutes or more attended pursuant to such enrollment,
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10 | | unless a pupil is
enrolled in a block-schedule format of 80 |
11 | | minutes or more of instruction,
in which case the pupil may |
12 | | be counted on the basis of the proportion of
minutes of |
13 | | school work completed each day to the minimum number of
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14 | | minutes that school work is required to be held that day. |
15 | | (b) Days of attendance may be less than 5 clock hours |
16 | | on the opening
and closing of the school term, and upon the |
17 | | first day of pupil
attendance, if preceded by a day or days |
18 | | utilized as an institute or
teachers' workshop. |
19 | | (c) A session of 4 or more clock hours may be counted |
20 | | as a day of
attendance upon certification by the regional |
21 | | superintendent, and
approved by the State Superintendent |
22 | | of Education to the extent that the
district has been |
23 | | forced to use daily multiple sessions. |
24 | | (d) A session of 3 or more clock hours may be counted |
25 | | as a day of
attendance (1) when the remainder of the school |
26 | | day or at least
2 hours in the evening of that day is |
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1 | | utilized for an
in-service training program for teachers, |
2 | | up to a maximum of 5 days per
school year, provided a |
3 | | district conducts an in-service
training program for |
4 | | teachers in accordance with Section 10-22.39 of this Code; |
5 | | or, in lieu of 4 such days, 2 full days may
be used, in |
6 | | which event each such day
may be counted as a day required |
7 | | for a legal school calendar pursuant to Section 10-19 of |
8 | | this Code; (1.5) when, of the 5 days allowed under item |
9 | | (1), a maximum of 4 days are used for parent-teacher |
10 | | conferences, or, in lieu of 4 such days, 2 full days are |
11 | | used, in which case each such day may be counted as a |
12 | | calendar day required under Section 10-19 of this Code, |
13 | | provided that the full-day, parent-teacher conference |
14 | | consists of (i) a minimum of 5 clock hours of |
15 | | parent-teacher conferences, (ii) both a minimum of 2 clock |
16 | | hours of parent-teacher conferences held in the evening |
17 | | following a full day of student attendance, as specified in |
18 | | subsection (F)(1)(c), and a minimum of 3 clock hours of |
19 | | parent-teacher conferences held on the day immediately |
20 | | following evening parent-teacher conferences, or (iii) |
21 | | multiple parent-teacher conferences held in the evenings |
22 | | following full days of student attendance, as specified in |
23 | | subsection (F)(1)(c), in which the time used for the |
24 | | parent-teacher conferences is equivalent to a minimum of 5 |
25 | | clock hours; and (2) when days in
addition to
those |
26 | | provided in items (1) and (1.5) are scheduled by a school |
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1 | | pursuant to its school
improvement plan adopted under |
2 | | Article 34 or its revised or amended school
improvement |
3 | | plan adopted under Article 2, provided that (i) such |
4 | | sessions of
3 or more clock hours are scheduled to occur at |
5 | | regular intervals, (ii) the
remainder of the school days in |
6 | | which such sessions occur are utilized
for in-service |
7 | | training programs or other staff development activities |
8 | | for
teachers, and (iii) a sufficient number of minutes of |
9 | | school work under the
direct supervision of teachers are |
10 | | added to the school days between such
regularly scheduled |
11 | | sessions to accumulate not less than the number of minutes
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12 | | by which such sessions of 3 or more clock hours fall short |
13 | | of 5 clock hours.
Any full days used for the purposes of |
14 | | this paragraph shall not be considered
for
computing |
15 | | average daily attendance. Days scheduled for in-service |
16 | | training
programs, staff development activities, or |
17 | | parent-teacher conferences may be
scheduled separately for |
18 | | different
grade levels and different attendance centers of |
19 | | the district. |
20 | | (e) A session of not less than one clock hour of |
21 | | teaching
hospitalized or homebound pupils on-site or by |
22 | | telephone to the classroom may
be counted as 1/2 day of |
23 | | attendance, however these pupils must receive 4 or
more |
24 | | clock hours of instruction to be counted for a full day of |
25 | | attendance. |
26 | | (f) A session of at least 4 clock hours may be counted |
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1 | | as a day of
attendance for first grade pupils, and pupils |
2 | | in full day kindergartens,
and a session of 2 or more hours |
3 | | may be counted as 1/2 day of attendance by
pupils in |
4 | | kindergartens which provide only 1/2 day of attendance. |
5 | | (g) For children with disabilities who are below the |
6 | | age of 6 years and
who
cannot attend 2 or more clock hours |
7 | | because of their disability or
immaturity, a session of not |
8 | | less than one clock hour may be counted as 1/2 day
of |
9 | | attendance; however for such children whose educational |
10 | | needs so require
a session of 4 or more clock hours may be |
11 | | counted as a full day of attendance. |
12 | | (h) A recognized kindergarten which provides for only |
13 | | 1/2 day of
attendance by each pupil shall not have more |
14 | | than 1/2 day of attendance
counted in any one day. However, |
15 | | kindergartens may count 2 1/2 days
of
attendance in any 5 |
16 | | consecutive school days. When a pupil attends such a
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17 | | kindergarten for 2 half days on any one school day, the |
18 | | pupil shall have
the following day as a day absent from |
19 | | school, unless the school district
obtains permission in |
20 | | writing from the State Superintendent of Education.
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21 | | Attendance at kindergartens which provide for a full day of |
22 | | attendance by
each pupil shall be counted the same as |
23 | | attendance by first grade pupils.
Only the first year of |
24 | | attendance in one kindergarten shall be counted,
except in |
25 | | case of children who entered the kindergarten in their |
26 | | fifth year
whose educational development requires a second |
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1 | | year of kindergarten as
determined under the rules and |
2 | | regulations of the State Board of Education. |
3 | | (i) On the days when the Prairie State Achievement |
4 | | Examination is
administered under subsection (c) of |
5 | | Section 2-3.64 of this Code, the day
of attendance for a |
6 | | pupil whose school
day must be shortened to accommodate |
7 | | required testing procedures may
be less than 5 clock hours |
8 | | and shall be counted towards the 176 days of actual pupil |
9 | | attendance required under Section 10-19 of this Code, |
10 | | provided that a sufficient number of minutes
of school work |
11 | | in excess of 5 clock hours are first completed on other |
12 | | school
days to compensate for the loss of school work on |
13 | | the examination days. |
14 | | (j) Pupils enrolled in a remote educational program |
15 | | established under Section 10-29 of this Code may be counted |
16 | | on the basis of one-fifth day of attendance for every clock |
17 | | hour of instruction attended in the remote educational |
18 | | program, provided that, in any month, the school district |
19 | | may not claim for a student enrolled in a remote |
20 | | educational program more days of attendance than the |
21 | | maximum number of days of attendance the district can claim |
22 | | (i) for students enrolled in a building holding year-round |
23 | | classes if the student is classified as participating in |
24 | | the remote educational program on a year-round schedule or |
25 | | (ii) for students enrolled in a building not holding |
26 | | year-round classes if the student is not classified as |
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1 | | participating in the remote educational program on a |
2 | | year-round schedule.
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3 | | (G) Equalized Assessed Valuation Data. |
4 | | (1) For purposes of the calculation of Available Local |
5 | | Resources required
pursuant to subsection (D), the
State Board |
6 | | of Education shall secure from the Department of
Revenue the |
7 | | value as equalized or assessed by the Department of Revenue of
|
8 | | all taxable property of every school district, together with |
9 | | (i) the applicable
tax rate used in extending taxes for the |
10 | | funds of the district as of
September 30 of the previous year
|
11 | | and (ii) the limiting rate for all school
districts subject to |
12 | | property tax extension limitations as imposed under the
|
13 | | Property Tax Extension Limitation Law.
|
14 | | The Department of Revenue shall add to the equalized |
15 | | assessed value of all
taxable
property of each school district |
16 | | situated entirely or partially within a county
that is or was |
17 | | subject to the
provisions of Section 15-176 or 15-177 of the |
18 | | Property Tax Code (a)
an amount equal to the total amount by |
19 | | which the
homestead exemption allowed under Section 15-176 or |
20 | | 15-177 of the Property Tax Code for
real
property situated in |
21 | | that school district exceeds the total amount that would
have |
22 | | been
allowed in that school district if the maximum reduction |
23 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in |
24 | | all other counties in tax year 2003 or (ii) $5,000 in all |
25 | | counties in tax year 2004 and thereafter and (b) an amount |
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1 | | equal to the aggregate amount for the taxable year of all |
2 | | additional exemptions under Section 15-175 of the Property Tax |
3 | | Code for owners with a household income of $30,000 or less. The |
4 | | county clerk of any county that is or was subject to the |
5 | | provisions of Section 15-176 or 15-177 of the Property Tax Code |
6 | | shall
annually calculate and certify to the Department of |
7 | | Revenue for each school
district all
homestead exemption |
8 | | amounts under Section 15-176 or 15-177 of the Property Tax Code |
9 | | and all amounts of additional exemptions under Section 15-175 |
10 | | of 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 |
12 | | general homestead exemption for a parcel of property is |
13 | | determined under Section 15-176 or 15-177 of the Property Tax |
14 | | Code rather than Section 15-175, then the calculation of |
15 | | Available Local Resources shall not be affected by the |
16 | | difference, if any, between the amount of the general homestead |
17 | | exemption allowed for that parcel of property under Section |
18 | | 15-176 or 15-177 of the Property Tax Code and the amount that |
19 | | would have been allowed had the general homestead exemption for |
20 | | that parcel of property been determined under Section 15-175 of |
21 | | the Property Tax Code. It is further the intent of this |
22 | | paragraph that if additional exemptions are allowed under |
23 | | Section 15-175 of the Property Tax Code for owners with a |
24 | | household income of less than $30,000, then the calculation of |
25 | | Available Local Resources shall not be affected by the |
26 | | difference, if any, because of those additional exemptions. |
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1 | | This equalized assessed valuation, as adjusted further by |
2 | | the requirements of
this subsection, shall be utilized in the |
3 | | calculation of Available Local
Resources. |
4 | | (2) The equalized assessed valuation in paragraph (1) shall |
5 | | be 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 |
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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 |
18 | | thereafter, if a
school district meets all of the criteria of |
19 | | this subsection (G)(3), the school
district's Available Local |
20 | | Resources shall be calculated under subsection (D)
using the |
21 | | district's Extension Limitation Equalized Assessed Valuation |
22 | | as
calculated under this
subsection (G)(3). |
23 | | For purposes of this subsection (G)(3) the following terms |
24 | | shall have
the following meanings: |
25 | | "Budget Year": The school year for which general State |
26 | | aid is calculated
and
awarded under subsection (E). |
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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 |
21 | | limitations as
imposed under
the Property Tax Extension |
22 | | Limitation Law, the State Board of Education shall
calculate |
23 | | the Extension
Limitation
Equalized Assessed Valuation of that |
24 | | district. For the 1999-2000 school
year, the
Extension |
25 | | Limitation Equalized Assessed Valuation of a school district as
|
26 | | calculated by the State Board of Education shall be equal to |
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1 | | the product of the
district's 1996 Equalized Assessed Valuation |
2 | | and the district's Extension
Limitation Ratio. Except as |
3 | | otherwise provided in this paragraph for a school district that |
4 | | has approved or does approve an increase in its limiting rate, |
5 | | for the 2000-2001 school year and each school year
thereafter,
|
6 | | the Extension Limitation Equalized Assessed Valuation of a |
7 | | school district as
calculated by the State Board of Education |
8 | | shall be equal to the product of
the Equalized Assessed |
9 | | Valuation last used in the calculation of general State
aid and |
10 | | the
district's Extension Limitation Ratio. If the Extension |
11 | | Limitation
Equalized
Assessed Valuation of a school district as |
12 | | calculated under
this subsection (G)(3) is less than the |
13 | | district's equalized assessed valuation
as calculated pursuant |
14 | | to subsections (G)(1) and (G)(2), then for purposes of
|
15 | | calculating the district's general State aid for the Budget |
16 | | Year pursuant to
subsection (E), that Extension
Limitation |
17 | | Equalized Assessed Valuation shall be utilized to calculate the
|
18 | | district's Available Local Resources
under subsection (D). For |
19 | | the 2009-2010 school year and each school year thereafter, if a |
20 | | school district has approved or does approve an increase in its |
21 | | limiting rate, pursuant to Section 18-190 of the Property Tax |
22 | | Code, affecting the Base Tax Year, the Extension Limitation |
23 | | Equalized Assessed Valuation of the school district, as |
24 | | calculated by the State Board of Education, shall be equal to |
25 | | the product of the Equalized Assessed Valuation last used in |
26 | | the calculation of general State aid times an amount equal to |
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1 | | one plus the percentage increase, if any, in the Consumer Price |
2 | | Index for all Urban Consumers for all items published by the |
3 | | United States Department of Labor for the 12-month calendar |
4 | | year preceding the Base Tax Year, plus the Equalized Assessed |
5 | | Valuation of new property, annexed property, and recovered tax |
6 | | increment value and minus the Equalized Assessed Valuation of |
7 | | disconnected property. New property and recovered tax |
8 | | increment value shall have the meanings set forth in the |
9 | | Property Tax Extension Limitation Law. |
10 | | Partial elementary unit districts created in accordance |
11 | | with Article 11E of this Code shall not be eligible for the |
12 | | adjustment in this subsection (G)(3) until the fifth year |
13 | | following the effective date of the reorganization.
|
14 | | (3.5) For the 2010-2011 school year and each school year |
15 | | thereafter, if a school district's boundaries span multiple |
16 | | counties, then the Department of Revenue shall send to the |
17 | | State Board of Education, for the purpose of calculating |
18 | | general State aid, the limiting rate and individual rates by |
19 | | purpose for the county that contains the majority of the school |
20 | | district's Equalized Assessed Valuation. |
21 | | (4) For the purposes of calculating general State aid for |
22 | | the 1999-2000
school year only, if a school district |
23 | | experienced a triennial reassessment on
the equalized assessed |
24 | | valuation used in calculating its general State
financial aid |
25 | | apportionment for the 1998-1999 school year, the State Board of
|
26 | | Education shall calculate the Extension Limitation Equalized |
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| | HB1980 | - 24 - | LRB098 06168 NHT 36209 b |
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1 | | Assessed Valuation
that would have been used to calculate the |
2 | | district's 1998-1999 general State
aid. This amount shall equal |
3 | | the product of the equalized assessed valuation
used to
|
4 | | calculate general State aid for the 1997-1998 school year and |
5 | | the district's
Extension Limitation Ratio. If the Extension |
6 | | Limitation Equalized Assessed
Valuation of the school district |
7 | | as calculated under this paragraph (4) is
less than the |
8 | | district's equalized assessed valuation utilized in |
9 | | calculating
the
district's 1998-1999 general State aid |
10 | | allocation, then for purposes of
calculating the district's |
11 | | general State aid pursuant to paragraph (5) of
subsection (E),
|
12 | | that Extension Limitation Equalized Assessed Valuation shall |
13 | | be utilized to
calculate the district's Available Local |
14 | | Resources. |
15 | | (5) For school districts having a majority of their |
16 | | equalized assessed
valuation in any county except Cook, DuPage, |
17 | | Kane, Lake, McHenry, or Will, if
the amount of general State |
18 | | aid allocated to the school district for the
1999-2000 school |
19 | | year under the provisions of subsection (E), (H), and (J) of
|
20 | | this Section is less than the amount of general State aid |
21 | | allocated to the
district for the 1998-1999 school year under |
22 | | these subsections, then the
general
State aid of the district |
23 | | for the 1999-2000 school year only shall be increased
by the |
24 | | difference between these amounts. The total payments made under |
25 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall |
26 | | be prorated if they
exceed $14,000,000.
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1 | | (H) Supplemental General State Aid. |
2 | | (1) In addition to the general State aid a school district |
3 | | is allotted
pursuant to subsection (E), qualifying school |
4 | | districts shall receive a grant,
paid in conjunction with a |
5 | | district's payments of general State aid, for
supplemental |
6 | | general State aid based upon the concentration level of |
7 | | children
from low-income households within the school |
8 | | district.
Supplemental State aid grants provided for school |
9 | | districts under this
subsection shall be appropriated for |
10 | | distribution to school districts as part
of the same line item |
11 | | in which the general State financial aid of school
districts is |
12 | | appropriated under this Section.
|
13 | | (1.5) This paragraph (1.5) applies only to those school |
14 | | years
preceding the 2003-2004 school year.
For purposes of this
|
15 | | subsection (H), the term "Low-Income Concentration Level" |
16 | | shall be the
low-income
eligible pupil count from the most |
17 | | recently available federal census divided by
the Average Daily |
18 | | Attendance of the school district.
If, however, (i) the |
19 | | percentage decrease from the 2 most recent federal
censuses
in |
20 | | the low-income eligible pupil count of a high school district |
21 | | with fewer
than 400 students exceeds by 75% or more the |
22 | | percentage change in the total
low-income eligible pupil count |
23 | | of contiguous elementary school districts,
whose boundaries |
24 | | are coterminous with the high school district,
or (ii) a high |
25 | | school district within 2 counties and serving 5 elementary
|
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| | HB1980 | - 26 - | LRB098 06168 NHT 36209 b |
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1 | | school
districts, whose boundaries are coterminous with the |
2 | | high school
district, has a percentage decrease from the 2 most |
3 | | recent federal
censuses in the low-income eligible pupil count |
4 | | and there is a percentage
increase in the total low-income |
5 | | eligible pupil count of a majority of the
elementary school |
6 | | districts in excess of 50% from the 2 most recent
federal |
7 | | censuses, then
the
high school district's low-income eligible |
8 | | pupil count from the earlier federal
census
shall be the number |
9 | | used as the low-income eligible pupil count for the high
school |
10 | | district, for purposes of this subsection (H).
The changes made |
11 | | to this paragraph (1) by Public Act 92-28 shall apply to
|
12 | | supplemental general State aid
grants for school years |
13 | | preceding the 2003-2004 school year that are paid
in fiscal |
14 | | year 1999 or thereafter
and to
any State aid payments made in |
15 | | fiscal year 1994 through fiscal year
1998 pursuant to |
16 | | subsection 1(n) of Section 18-8 of this Code (which was
|
17 | | repealed on July 1, 1998), and any high school district that is |
18 | | affected by
Public Act 92-28 is
entitled to a
recomputation of |
19 | | its supplemental general State aid grant or State aid
paid in |
20 | | any of those fiscal years. This recomputation shall not be
|
21 | | affected by any other funding. |
22 | | (1.10) This paragraph (1.10) applies to the 2003-2004 |
23 | | school year
and each school year thereafter. For purposes of |
24 | | this subsection (H), the
term "Low-Income Concentration Level" |
25 | | shall, for each fiscal year, be the
low-income eligible
pupil |
26 | | count
as of July 1 of the immediately preceding fiscal year
(as |
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| | HB1980 | - 27 - | LRB098 06168 NHT 36209 b |
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1 | | determined by the Department of Human Services based
on the |
2 | | number of pupils
who are eligible for at least one of the |
3 | | following
low income programs: Medicaid, the Children's Health |
4 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who |
5 | | are eligible for services provided by the Department
of |
6 | | Children and Family Services,
averaged over
the 2 immediately |
7 | | preceding fiscal years for fiscal year 2004 and over the 3
|
8 | | immediately preceding fiscal years for each fiscal year |
9 | | thereafter)
divided by the Average Daily Attendance of the |
10 | | school district. |
11 | | (2) Supplemental general State aid pursuant to this |
12 | | subsection (H) shall
be
provided as follows for the 1998-1999, |
13 | | 1999-2000, and 2000-2001 school years
only: |
14 | | (a) For any school district with a Low Income |
15 | | Concentration Level of at
least 20% and less than 35%, the |
16 | | grant for any school year
shall be $800
multiplied by the |
17 | | low income eligible pupil count. |
18 | | (b) For any school district with a Low Income |
19 | | Concentration Level of at
least 35% and less than 50%, the |
20 | | grant for the 1998-1999 school year shall be
$1,100 |
21 | | multiplied by the low income eligible pupil count. |
22 | | (c) For any school district with a Low Income |
23 | | Concentration Level of at
least 50% and less than 60%, the |
24 | | grant for the 1998-99 school year shall be
$1,500 |
25 | | multiplied by the low income eligible pupil count. |
26 | | (d) For any school district with a Low Income |
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| | HB1980 | - 28 - | LRB098 06168 NHT 36209 b |
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1 | | Concentration Level of 60%
or more, the grant for the |
2 | | 1998-99 school year shall be $1,900 multiplied by
the low |
3 | | income eligible pupil count. |
4 | | (e) For the 1999-2000 school year, the per pupil amount |
5 | | specified in
subparagraphs (b), (c), and (d) immediately |
6 | | above shall be increased to $1,243,
$1,600, and $2,000, |
7 | | respectively. |
8 | | (f) For the 2000-2001 school year, the per pupil |
9 | | amounts specified in
subparagraphs (b), (c), and (d) |
10 | | immediately above shall be
$1,273, $1,640, and $2,050, |
11 | | respectively. |
12 | | (2.5) Supplemental general State aid pursuant to this |
13 | | subsection (H)
shall be provided as follows for the 2002-2003 |
14 | | school year: |
15 | | (a) For any school district with a Low Income |
16 | | Concentration Level of less
than 10%, the grant for each |
17 | | school year shall be $355 multiplied by the low
income |
18 | | eligible pupil count. |
19 | | (b) For any school district with a Low Income |
20 | | Concentration
Level of at least 10% and less than 20%, the |
21 | | grant for each school year shall
be $675
multiplied by the |
22 | | low income eligible pupil
count. |
23 | | (c) For any school district with a Low Income |
24 | | Concentration
Level of at least 20% and less than 35%, the |
25 | | grant for each school year shall
be $1,330
multiplied by |
26 | | the low income eligible pupil
count. |
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| | HB1980 | - 29 - | LRB098 06168 NHT 36209 b |
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1 | | (d) For any school district with a Low Income |
2 | | Concentration
Level of at least 35% and less than 50%, the |
3 | | grant for each school year shall
be $1,362
multiplied by |
4 | | the low income eligible pupil
count. |
5 | | (e) For any school district with a Low Income |
6 | | Concentration
Level of at least 50% and less than 60%, the |
7 | | grant for each school year shall
be $1,680
multiplied by |
8 | | the low income eligible pupil
count. |
9 | | (f) For any school district with a Low Income |
10 | | Concentration
Level of 60% or more, the grant for each |
11 | | school year shall be $2,080
multiplied by the low income |
12 | | eligible pupil count. |
13 | | (2.10) Except as otherwise provided, supplemental general |
14 | | State aid
pursuant to this subsection
(H) shall be provided as |
15 | | follows for the 2003-2004 school year and each
school year |
16 | | thereafter: |
17 | | (a) For any school district with a Low Income |
18 | | Concentration
Level of 15% or less, the grant for each |
19 | | school year
shall be $355 multiplied by the low income |
20 | | eligible pupil count. |
21 | | (b) For any school district with a Low Income |
22 | | Concentration
Level greater than 15%, the grant for each |
23 | | school year shall be
$294.25 added to the product of $2,700 |
24 | | and the square of the Low
Income Concentration Level, all |
25 | | multiplied by the low income
eligible pupil count. |
26 | | For the 2003-2004 school year and each school year |
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| | HB1980 | - 30 - | LRB098 06168 NHT 36209 b |
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1 | | thereafter through the 2008-2009 school year only, the grant |
2 | | shall be no less than the
grant
for
the 2002-2003 school year. |
3 | | For the 2009-2010 school year only, the grant shall
be no
less |
4 | | than the grant for the 2002-2003 school year multiplied by |
5 | | 0.66. For the 2010-2011
school year only, the grant shall be no |
6 | | less than the grant for the 2002-2003
school year
multiplied by |
7 | | 0.33. Notwithstanding the provisions of this paragraph to the |
8 | | contrary, if for any school year supplemental general State aid |
9 | | grants are prorated as provided in paragraph (1) of this |
10 | | subsection (H), then the grants under this paragraph shall be |
11 | | prorated.
|
12 | | For the 2003-2004 school year only, the grant shall be no |
13 | | greater
than the grant received during the 2002-2003 school |
14 | | year added to the
product of 0.25 multiplied by the difference |
15 | | between the grant amount
calculated under subsection (a) or (b) |
16 | | of this paragraph (2.10), whichever
is applicable, and the |
17 | | grant received during the 2002-2003 school year.
For the |
18 | | 2004-2005 school year only, the grant shall be no greater than
|
19 | | the grant received during the 2002-2003 school year added to |
20 | | the
product of 0.50 multiplied by the difference between the |
21 | | grant amount
calculated under subsection (a) or (b) of this |
22 | | paragraph (2.10), whichever
is applicable, and the grant |
23 | | received during the 2002-2003 school year.
For the 2005-2006 |
24 | | school year only, the grant shall be no greater than
the grant |
25 | | received during the 2002-2003 school year added to the
product |
26 | | of 0.75 multiplied by the difference between the grant amount
|
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| | HB1980 | - 31 - | LRB098 06168 NHT 36209 b |
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1 | | calculated under subsection (a) or (b) of this paragraph |
2 | | (2.10), whichever
is applicable, and the grant received during |
3 | | the 2002-2003
school year. |
4 | | (3) School districts with an Average Daily Attendance of |
5 | | more than 1,000
and less than 50,000 that qualify for |
6 | | supplemental general State aid pursuant
to this subsection |
7 | | shall submit a plan to the State Board of Education prior to
|
8 | | October 30 of each year for the use of the funds resulting from |
9 | | this grant of
supplemental general State aid for the |
10 | | improvement of
instruction in which priority is given to |
11 | | meeting the education needs of
disadvantaged children. Such |
12 | | plan shall be submitted in accordance with
rules and |
13 | | regulations promulgated by the State Board of Education. |
14 | | (4) School districts with an Average Daily Attendance of |
15 | | 50,000 or more
that qualify for supplemental general State aid |
16 | | pursuant to this subsection
shall be required to distribute |
17 | | from funds available pursuant to this Section,
no less than |
18 | | $261,000,000 in accordance with the following requirements: |
19 | | (a) The required amounts shall be distributed to the |
20 | | attendance centers
within the district in proportion to the |
21 | | number of pupils enrolled at each
attendance center who are |
22 | | eligible to receive free or reduced-price lunches or
|
23 | | breakfasts under the federal Child Nutrition Act of 1966 |
24 | | and under the National
School Lunch Act during the |
25 | | immediately preceding school year. |
26 | | (b) The distribution of these portions of supplemental |
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| | HB1980 | - 32 - | LRB098 06168 NHT 36209 b |
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1 | | and general State
aid among attendance centers according to |
2 | | these requirements shall not be
compensated for or |
3 | | contravened by adjustments of the total of other funds
|
4 | | appropriated to any attendance centers, and the Board of |
5 | | Education shall
utilize funding from one or several sources |
6 | | in order to fully implement this
provision annually prior |
7 | | to the opening of school. |
8 | | (c) Each attendance center shall be provided by the
|
9 | | school district a distribution of noncategorical funds and |
10 | | other
categorical funds to which an attendance center is |
11 | | entitled under law in
order that the general State aid and |
12 | | supplemental general State aid provided
by application of |
13 | | this subsection supplements rather than supplants the
|
14 | | noncategorical funds and other categorical funds provided |
15 | | by the school
district to the attendance centers. |
16 | | (d) Any funds made available under this subsection that |
17 | | by reason of the
provisions of this subsection are not
|
18 | | required to be allocated and provided to attendance centers |
19 | | may be used and
appropriated by the board of the district |
20 | | for any lawful school purpose. |
21 | | (e) Funds received by an attendance center
pursuant to |
22 | | this
subsection shall be used
by the attendance center at |
23 | | the discretion
of the principal and local school council |
24 | | for programs to improve educational
opportunities at |
25 | | qualifying schools through the following programs and
|
26 | | services: early childhood education, reduced class size or |
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1 | | improved adult to
student classroom ratio, enrichment |
2 | | programs, remedial assistance, attendance
improvement, and |
3 | | other educationally beneficial expenditures which
|
4 | | supplement
the regular and basic programs as determined by |
5 | | the State Board of Education.
Funds provided shall not be |
6 | | expended for any political or lobbying purposes
as defined |
7 | | by board rule. |
8 | | (f) Each district subject to the provisions of this |
9 | | subdivision (H)(4)
shall submit an
acceptable plan to meet |
10 | | the educational needs of disadvantaged children, in
|
11 | | compliance with the requirements of this paragraph, to the |
12 | | State Board of
Education prior to July 15 of each year. |
13 | | This plan shall be consistent with the
decisions of local |
14 | | school councils concerning the school expenditure plans
|
15 | | developed in accordance with part 4 of Section 34-2.3. The |
16 | | State Board shall
approve or reject the plan within 60 days |
17 | | after its submission. If the plan is
rejected, the district |
18 | | shall give written notice of intent to modify the plan
|
19 | | within 15 days of the notification of rejection and then |
20 | | submit a modified plan
within 30 days after the date of the |
21 | | written notice of intent to modify.
Districts may amend |
22 | | approved plans pursuant to rules promulgated by the State
|
23 | | Board of Education. |
24 | | Upon notification by the State Board of Education that |
25 | | the district has
not submitted a plan prior to July 15 or a |
26 | | modified plan within the time
period specified herein, the
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1 | | State aid funds affected by that plan or modified plan |
2 | | shall be withheld by the
State Board of Education until a |
3 | | plan or modified plan is submitted. |
4 | | If the district fails to distribute State aid to |
5 | | attendance centers in
accordance with an approved plan, the |
6 | | plan for the following year shall
allocate funds, in |
7 | | addition to the funds otherwise required by this
|
8 | | subsection, to those attendance centers which were |
9 | | underfunded during the
previous year in amounts equal to |
10 | | such underfunding. |
11 | | For purposes of determining compliance with this |
12 | | subsection in relation
to the requirements of attendance |
13 | | center funding, each district subject to the
provisions of |
14 | | this
subsection shall submit as a separate document by |
15 | | December 1 of each year a
report of expenditure data for |
16 | | the prior year in addition to any
modification of its |
17 | | current plan. If it is determined that there has been
a |
18 | | failure to comply with the expenditure provisions of this |
19 | | subsection
regarding contravention or supplanting, the |
20 | | State Superintendent of
Education shall, within 60 days of |
21 | | receipt of the report, notify the
district and any affected |
22 | | local school council. The district shall within
45 days of |
23 | | receipt of that notification inform the State |
24 | | Superintendent of
Education of the remedial or corrective |
25 | | action to be taken, whether by
amendment of the current |
26 | | plan, if feasible, or by adjustment in the plan
for the |
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1 | | following year. Failure to provide the expenditure report |
2 | | or the
notification of remedial or corrective action in a |
3 | | timely manner shall
result in a withholding of the affected |
4 | | funds. |
5 | | The State Board of Education shall promulgate rules and |
6 | | regulations
to implement the provisions of this |
7 | | subsection. No funds shall be released
under this |
8 | | subdivision (H)(4) to any district that has not submitted a |
9 | | plan
that has been approved by the State Board of |
10 | | Education.
|
11 | | (I) (Blank).
|
12 | | (J) (Blank).
|
13 | | (K) Grants to Laboratory and Alternative Schools. |
14 | | In calculating the amount to be paid to the governing board |
15 | | of a public
university that operates a laboratory school under |
16 | | this Section or to any
alternative school that is operated by a |
17 | | regional superintendent of schools,
the State
Board of |
18 | | Education shall require by rule such reporting requirements as |
19 | | it
deems necessary. |
20 | | As used in this Section, "laboratory school" means a public |
21 | | school which is
created and operated by a public university and |
22 | | approved by the State Board of
Education. The governing board |
23 | | of a public university which receives funds
from the State |
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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 | | Each laboratory and alternative school shall file, on forms |
26 | | provided by the
State Superintendent of Education, an annual |
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1 | | State aid claim which states the
Average Daily Attendance of |
2 | | the school's students by month. The best 3 months'
Average |
3 | | Daily Attendance shall be computed for each school.
The general |
4 | | State aid entitlement shall be computed by multiplying the
|
5 | | applicable Average Daily Attendance by the Foundation Level as |
6 | | determined under
this Section.
|
7 | | (L) Payments, Additional Grants in Aid and Other Requirements. |
8 | | (1) For a school district operating under the financial |
9 | | supervision
of an Authority created under Article 34A, the |
10 | | general State aid otherwise
payable to that district under this |
11 | | Section, but not the supplemental general
State aid, shall be |
12 | | reduced by an amount equal to the budget for
the operations of |
13 | | the Authority as certified by the Authority to the State
Board |
14 | | of Education, and an amount equal to such reduction shall be |
15 | | paid
to the Authority created for such district for its |
16 | | operating expenses in
the manner provided in Section 18-11. The |
17 | | remainder
of general State school aid for any such district |
18 | | shall be paid in accordance
with Article 34A when that Article |
19 | | provides for a disposition other than that
provided by this |
20 | | Article. |
21 | | (2) (Blank). |
22 | | (3) Summer school. Summer school payments shall be made as |
23 | | provided in
Section 18-4.3.
|
24 | | (M) Education Funding Advisory Board. |
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1 | | The Education Funding Advisory
Board, hereinafter in this |
2 | | subsection (M) referred to as the "Board", is hereby
created. |
3 | | The Board
shall consist of 5 members who are appointed by the |
4 | | Governor, by and with the
advice and consent of the Senate. The |
5 | | members appointed shall include
representatives of education, |
6 | | business, and the general public. One of the
members so |
7 | | appointed shall be
designated by the Governor at the time the |
8 | | appointment is made as the
chairperson of the
Board.
The |
9 | | initial members of the Board may
be appointed any time after |
10 | | the effective date of this amendatory Act of
1997. The regular |
11 | | term of each member of the
Board shall be for 4 years from the |
12 | | third Monday of January of the
year in which the term of the |
13 | | member's appointment is to commence, except that
of the 5 |
14 | | initial members appointed to serve on the
Board, the member who |
15 | | is appointed as the chairperson shall serve for
a term that |
16 | | commences on the date of his or her appointment and expires on |
17 | | the
third Monday of January, 2002, and the remaining 4 members, |
18 | | by lots drawn at
the first meeting of the Board that is
held
|
19 | | after all 5 members are appointed, shall determine 2 of their |
20 | | number to serve
for terms that commence on the date of their
|
21 | | respective appointments and expire on the third
Monday of |
22 | | January, 2001,
and 2 of their number to serve for terms that |
23 | | commence
on the date of their respective appointments and |
24 | | expire on the third Monday
of January, 2000. All members |
25 | | appointed to serve on the
Board shall serve until their |
26 | | respective successors are
appointed and confirmed. Vacancies |
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1 | | shall be filled in the same manner as
original appointments. If |
2 | | a vacancy in membership occurs at a time when the
Senate is not |
3 | | in session, the Governor shall make a temporary appointment |
4 | | until
the next meeting of the Senate, when he or she shall |
5 | | appoint, by and with the
advice and consent of the Senate, a |
6 | | person to fill that membership for the
unexpired term. If the |
7 | | Senate is not in session when the initial appointments
are |
8 | | made, those appointments shall
be made as in the case of |
9 | | vacancies. |
10 | | The Education Funding Advisory Board shall be deemed |
11 | | established,
and the initial
members appointed by the Governor |
12 | | to serve as members of the
Board shall take office,
on the date |
13 | | that the
Governor makes his or her appointment of the fifth |
14 | | initial member of the
Board, whether those initial members are |
15 | | then serving
pursuant to appointment and confirmation or |
16 | | pursuant to temporary appointments
that are made by the |
17 | | Governor as in the case of vacancies. |
18 | | The State Board of Education shall provide such staff |
19 | | assistance to the
Education Funding Advisory Board as is |
20 | | reasonably required for the proper
performance by the Board of |
21 | | its responsibilities. |
22 | | For school years after the 2000-2001 school year, the |
23 | | Education
Funding Advisory Board, in consultation with the |
24 | | State Board of Education,
shall make recommendations as |
25 | | provided in this subsection (M) to the General
Assembly for the |
26 | | foundation level under subdivision (B)(3) of this Section and
|
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1 | | for the
supplemental general State aid grant level under |
2 | | subsection (H) of this Section
for districts with high |
3 | | concentrations of children from poverty. The
recommended |
4 | | foundation level shall be determined based on a methodology |
5 | | which
incorporates the basic education expenditures of |
6 | | low-spending schools
exhibiting high academic performance. The |
7 | | Education Funding Advisory Board
shall make such |
8 | | recommendations to the General Assembly on January 1 of odd
|
9 | | numbered years, beginning January 1, 2001.
|
10 | | (N) (Blank).
|
11 | | (O) References. |
12 | | (1) References in other laws to the various subdivisions of
|
13 | | Section 18-8 as that Section existed before its repeal and |
14 | | replacement by this
Section 18-8.05 shall be deemed to refer to |
15 | | the corresponding provisions of
this Section 18-8.05, to the |
16 | | extent that those references remain applicable. |
17 | | (2) References in other laws to State Chapter 1 funds shall |
18 | | be deemed to
refer to the supplemental general State aid |
19 | | provided under subsection (H) of
this Section. |
20 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
21 | | changes to this Section. Under Section 6 of the Statute on |
22 | | Statutes there is an irreconcilable conflict between Public Act |
23 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last |
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1 | | acted upon, is controlling. The text of Public Act 93-838 is |
2 | | the law regardless of the text of Public Act 93-808. |
3 | | (Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, |
4 | | eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; |
5 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. |
6 | | 11-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-813, |
7 | | eff. 7-13-12.) |
8 | | (Text of Section after amendment by P.A. 97-742 ) |
9 | | Sec. 18-8.05. Basis for apportionment of general State |
10 | | financial aid and
supplemental general State aid to the common |
11 | | schools for the 1998-1999 and
subsequent school years.
|
12 | | (A) General Provisions. |
13 | | (1) The provisions of this Section apply to the 1998-1999 |
14 | | and subsequent
school years. The system of general State |
15 | | financial aid provided for in this
Section
is designed to |
16 | | assure that, through a combination of State financial aid and
|
17 | | required local resources, the financial support provided each |
18 | | pupil in Average
Daily Attendance equals or exceeds a
|
19 | | prescribed per pupil Foundation Level. This formula approach |
20 | | imputes a level
of per pupil Available Local Resources and |
21 | | provides for the basis to calculate
a per pupil level of |
22 | | general State financial aid that, when added to Available
Local |
23 | | Resources, equals or exceeds the Foundation Level. The
amount |
24 | | of per pupil general State financial aid for school districts, |
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1 | | in
general, varies in inverse
relation to Available Local |
2 | | Resources. Per pupil amounts are based upon
each school |
3 | | district's Average Daily Attendance as that term is defined in |
4 | | this
Section. |
5 | | (2) In addition to general State financial aid, school |
6 | | districts with
specified levels or concentrations of pupils |
7 | | from low income households are
eligible to receive supplemental |
8 | | general State financial aid grants as provided
pursuant to |
9 | | subsection (H).
The supplemental State aid grants provided for |
10 | | school districts under
subsection (H) shall be appropriated for |
11 | | distribution to school districts as
part of the same line item |
12 | | in which the general State financial aid of school
districts is |
13 | | appropriated under this Section. |
14 | | (3) To receive financial assistance under this Section, |
15 | | school districts
are required to file claims with the State |
16 | | Board of Education, subject to the
following requirements: |
17 | | (a) Any school district which fails for any given |
18 | | school year to maintain
school as required by law, or to |
19 | | maintain a recognized school is not
eligible to file for |
20 | | such school year any claim upon the Common School
Fund. In |
21 | | case of nonrecognition of one or more attendance centers in |
22 | | a
school district otherwise operating recognized schools, |
23 | | the claim of the
district shall be reduced in the |
24 | | proportion which the Average Daily
Attendance in the |
25 | | attendance center or centers bear to the Average Daily
|
26 | | Attendance in the school district. A "recognized school" |
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1 | | means any
public school which meets the standards as |
2 | | established for recognition
by the State Board of |
3 | | Education. A school district or attendance center
not |
4 | | having recognition status at the end of a school term is |
5 | | entitled to
receive State aid payments due upon a legal |
6 | | claim which was filed while
it was recognized. |
7 | | (b) School district claims filed under this Section are |
8 | | subject to
Sections 18-9 and 18-12, except as otherwise |
9 | | provided in this
Section. |
10 | | (c) If a school district operates a full year school |
11 | | under Section
10-19.1, the general State aid to the school |
12 | | district shall be determined
by the State Board of |
13 | | Education in accordance with this Section as near as
may be |
14 | | applicable. |
15 | | (d) (Blank). |
16 | | (4) Except as provided in subsections (H) and (L), the |
17 | | board of any district
receiving any of the grants provided for |
18 | | in this Section may apply those funds
to any fund so received |
19 | | for which that board is authorized to make expenditures
by law. |
20 | | School districts are not required to exert a minimum |
21 | | Operating Tax Rate in
order to qualify for assistance under |
22 | | this Section. |
23 | | (5) As used in this Section the following terms, when |
24 | | capitalized, shall
have the meaning ascribed herein: |
25 | | (a) "Average Daily Attendance": A count of pupil |
26 | | attendance in school,
averaged as provided for in |
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1 | | subsection (C) and utilized in deriving per pupil
financial |
2 | | support levels. |
3 | | (b) "Available Local Resources": A computation of |
4 | | local financial
support, calculated on the basis of Average |
5 | | Daily Attendance and derived as
provided pursuant to |
6 | | subsection (D). |
7 | | (c) "Corporate Personal Property Replacement Taxes": |
8 | | Funds paid to local
school districts pursuant to "An Act in |
9 | | relation to the abolition of ad valorem
personal property |
10 | | tax and the replacement of revenues lost thereby, and
|
11 | | amending and repealing certain Acts and parts of Acts in |
12 | | connection therewith",
certified August 14, 1979, as |
13 | | amended (Public Act 81-1st S.S.-1). |
14 | | (d) "Foundation Level": A prescribed level of per pupil |
15 | | financial support
as provided for in subsection (B). |
16 | | (e) "Operating Tax Rate": All school district property |
17 | | taxes extended for
all purposes, except Bond and
Interest, |
18 | | Summer School, Rent, Capital Improvement, and Vocational |
19 | | Education
Building purposes.
|
20 | | (B) Foundation Level. |
21 | | (1) The Foundation Level is a figure established by the |
22 | | State representing
the minimum level of per pupil financial |
23 | | support that should be available to
provide for the basic |
24 | | education of each pupil in
Average Daily Attendance. As set |
25 | | forth in this Section, each school district
is assumed to exert
|
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1 | | a sufficient local taxing effort such that, in combination with |
2 | | the aggregate
of general State
financial aid provided the |
3 | | district, an aggregate of State and local resources
are |
4 | | available to meet
the basic education needs of pupils in the |
5 | | district. |
6 | | (2) For the 1998-1999 school year, the Foundation Level of |
7 | | support is
$4,225. For the 1999-2000 school year, the |
8 | | Foundation Level of support is
$4,325. For the 2000-2001 school |
9 | | year, the Foundation Level of support is
$4,425. For the |
10 | | 2001-2002 school year and 2002-2003 school year, the
Foundation |
11 | | Level of support is $4,560. For the 2003-2004 school year, the |
12 | | Foundation Level of support is $4,810. For the 2004-2005 school |
13 | | year, the Foundation Level of support is $4,964.
For the |
14 | | 2005-2006 school year,
the Foundation Level of support is |
15 | | $5,164. For the 2006-2007 school year, the Foundation Level of |
16 | | support is $5,334. For the 2007-2008 school year, the |
17 | | Foundation Level of support is $5,734. For the 2008-2009 school |
18 | | year, the Foundation Level of support is $5,959. |
19 | | (3) For the 2009-2010 school year and each school year |
20 | | thereafter,
the Foundation Level of support is $6,119 or such |
21 | | greater amount as
may be established by law by the General |
22 | | Assembly.
|
23 | | (C) Average Daily Attendance. |
24 | | (1) For purposes of calculating general State aid pursuant |
25 | | to subsection
(E), an Average Daily Attendance figure shall be |
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| | HB1980 | - 46 - | LRB098 06168 NHT 36209 b |
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1 | | utilized. The Average Daily
Attendance figure for formula
|
2 | | calculation purposes shall be the monthly average of the actual |
3 | | number of
pupils in attendance of
each school district, as |
4 | | further averaged for the best 3 months of pupil
attendance for |
5 | | each
school district. In compiling the figures for the number |
6 | | of pupils in
attendance, school districts
and the State Board |
7 | | of Education shall, for purposes of general State aid
funding, |
8 | | conform
attendance figures to the requirements of subsection |
9 | | (F). |
10 | | (2) The Average Daily Attendance figures utilized in |
11 | | subsection (E) shall be
the requisite attendance data for the |
12 | | school year immediately preceding
the
school year for which |
13 | | general State aid is being calculated
or the average of the |
14 | | attendance data for the 3 preceding school
years, whichever is |
15 | | greater. The Average Daily Attendance figures
utilized in |
16 | | subsection (H) shall be the requisite attendance data for the
|
17 | | school year immediately preceding the school year for which |
18 | | general
State aid is being calculated.
|
19 | | (D) Available Local Resources. |
20 | | (1) For purposes of calculating general State aid pursuant |
21 | | to subsection
(E), a representation of Available Local |
22 | | Resources per pupil, as that term is
defined and determined in |
23 | | this subsection, shall be utilized. Available Local
Resources |
24 | | per pupil shall include a calculated
dollar amount representing |
25 | | local school district revenues from local property
taxes and |
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1 | | from
Corporate Personal Property Replacement Taxes, expressed |
2 | | on the basis of pupils
in Average
Daily Attendance. Calculation |
3 | | of Available Local Resources shall exclude any tax amnesty |
4 | | funds received as a result of Public Act 93-26. |
5 | | (2) In determining a school district's revenue from local |
6 | | property taxes,
the State Board of Education shall utilize the |
7 | | equalized assessed valuation of
all taxable property of each |
8 | | school
district as of September 30 of the previous year. The |
9 | | equalized assessed
valuation utilized shall
be obtained and |
10 | | determined as provided in subsection (G). |
11 | | (3) For school districts maintaining grades kindergarten |
12 | | through 12, local
property tax
revenues per pupil shall be |
13 | | calculated as the product of the applicable
equalized assessed
|
14 | | valuation for the district multiplied by 3.00%, and divided by |
15 | | the district's
Average Daily
Attendance figure. For school |
16 | | districts maintaining grades kindergarten
through 8, local
|
17 | | property tax revenues per pupil shall be calculated as the |
18 | | product of the
applicable equalized
assessed valuation for the |
19 | | district multiplied by 2.30%, and divided by the
district's |
20 | | Average
Daily Attendance figure. For school districts |
21 | | maintaining grades 9 through 12,
local property
tax revenues |
22 | | per pupil shall be the applicable equalized assessed valuation |
23 | | of
the district
multiplied by 1.05%, and divided by the |
24 | | district's Average Daily
Attendance
figure. |
25 | | For partial elementary unit districts created pursuant to |
26 | | Article 11E of this Code, local property tax revenues per pupil |
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1 | | shall be calculated as the product of the equalized assessed |
2 | | valuation for property within the partial elementary unit |
3 | | district for elementary purposes, as defined in Article 11E of |
4 | | this Code, multiplied by 2.06% and divided by the district's |
5 | | Average Daily Attendance figure, plus the product of the |
6 | | equalized assessed valuation for property within the partial |
7 | | elementary unit district for high school purposes, as defined |
8 | | in Article 11E of this Code, multiplied by 0.94% and divided by |
9 | | the district's Average Daily Attendance figure.
|
10 | | (4) The Corporate Personal Property Replacement Taxes paid |
11 | | to each school
district during the calendar year one year |
12 | | before the calendar year in which a
school year begins, divided |
13 | | by the Average Daily Attendance figure for that
district, shall |
14 | | be added to the local property tax revenues per pupil as
|
15 | | derived by the application of the immediately preceding |
16 | | paragraph (3). The sum
of these per pupil figures for each |
17 | | school district shall constitute Available
Local Resources as |
18 | | that term is utilized in subsection (E) in the calculation
of |
19 | | general State aid.
|
20 | | (E) Computation of General State Aid. |
21 | | (1) For each school year, the amount of general State aid |
22 | | allotted to a
school district shall be computed by the State |
23 | | Board of Education as provided
in this subsection. |
24 | | (2) For any school district for which Available Local |
25 | | Resources per pupil
is less than the product of 0.93 times the |
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| | HB1980 | - 49 - | LRB098 06168 NHT 36209 b |
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1 | | Foundation Level, general State aid
for that district shall be |
2 | | calculated as an amount equal to the Foundation
Level minus |
3 | | Available Local Resources, multiplied by the Average Daily
|
4 | | Attendance of the school district. |
5 | | (3) For any school district for which Available Local |
6 | | Resources per pupil
is equal to or greater than the product of |
7 | | 0.93 times the Foundation Level and
less than the product of |
8 | | 1.75 times the Foundation Level, the general State aid
per |
9 | | pupil shall be a decimal proportion of the Foundation Level |
10 | | derived using a
linear algorithm. Under this linear algorithm, |
11 | | the calculated general State
aid per pupil shall decline in |
12 | | direct linear fashion from 0.07 times the
Foundation Level for |
13 | | a school district with Available Local Resources equal to
the |
14 | | product of 0.93 times the Foundation Level, to 0.05 times the |
15 | | Foundation
Level for a school district with Available Local |
16 | | Resources equal to the product
of 1.75 times the Foundation |
17 | | Level. The allocation of general
State aid for school districts |
18 | | subject to this paragraph 3 shall be the
calculated general |
19 | | State aid
per pupil figure multiplied by the Average Daily |
20 | | Attendance of the school
district. |
21 | | (4) For any school district for which Available Local |
22 | | Resources per pupil
equals or exceeds the product of 1.75 times |
23 | | the Foundation Level, the general
State aid for the school |
24 | | district shall be calculated as the product of $218
multiplied |
25 | | by the Average Daily Attendance of the school
district. |
26 | | (5) The amount of general State aid allocated to a school |
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1 | | district for
the 1999-2000 school year meeting the requirements |
2 | | set forth in paragraph (4)
of subsection
(G) shall be increased |
3 | | by an amount equal to the general State aid that
would have |
4 | | been received by the district for the 1998-1999 school year by
|
5 | | utilizing the Extension Limitation Equalized Assessed |
6 | | Valuation as calculated
in paragraph (4) of subsection (G) less |
7 | | the general State aid allotted for the
1998-1999
school year. |
8 | | This amount shall be deemed a one time increase, and shall not
|
9 | | affect any future general State aid allocations.
|
10 | | (F) Compilation of Average Daily Attendance. |
11 | | (1) Each school district shall, by July 1 of each year, |
12 | | submit to the State
Board of Education, on forms prescribed by |
13 | | the State Board of Education,
attendance figures for the school |
14 | | year that began in the preceding calendar
year. The attendance |
15 | | information so transmitted shall identify the average
daily |
16 | | attendance figures for each month of the school year. Beginning |
17 | | with
the general State aid claim form for the 2002-2003 school
|
18 | | year, districts shall calculate Average Daily Attendance as |
19 | | provided in
subdivisions (a), (b), and (c) of this paragraph |
20 | | (1). |
21 | | (a) In districts that do not hold year-round classes,
|
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. |
25 | | (b) In districts in which all buildings hold year-round |
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1 | | classes,
days of attendance in July and August shall be |
2 | | added to the month
of September and any days of attendance |
3 | | in June shall be added to
the month of May. |
4 | | (c) In districts in which some buildings, but not all, |
5 | | hold
year-round classes, for the non-year-round buildings, |
6 | | days of
attendance in August shall be added to the month of |
7 | | September
and any days of attendance in June shall be added |
8 | | to the month of
May. The average daily attendance for the |
9 | | year-round buildings
shall be computed as provided in |
10 | | subdivision (b) of this paragraph
(1). To calculate the |
11 | | Average Daily Attendance for the district, the
average |
12 | | daily attendance for the year-round buildings shall be
|
13 | | multiplied by the days in session for the non-year-round |
14 | | buildings
for each month and added to the monthly |
15 | | attendance of the
non-year-round buildings. |
16 | | Except as otherwise provided in this Section, days of
|
17 | | attendance by pupils shall be counted only for sessions of not |
18 | | less than
5 clock hours of school work per day under direct |
19 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or |
20 | | volunteer personnel when engaging
in non-teaching duties and |
21 | | supervising in those instances specified in
subsection (a) of |
22 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
23 | | of legal school age and in kindergarten and grades 1 through |
24 | | 12. |
25 | | Days of attendance by tuition pupils shall be accredited |
26 | | only to the
districts that pay the tuition to a recognized |
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1 | | school. |
2 | | (2) Days of attendance by pupils of less than 5 clock hours |
3 | | of school
shall be subject to the following provisions in the |
4 | | compilation of Average
Daily Attendance. |
5 | | (a) Pupils regularly enrolled in a public school for |
6 | | only a part of
the school day may be counted on the basis |
7 | | of 1/6 day for every class hour
of instruction of 40 |
8 | | minutes or more attended pursuant to such enrollment,
|
9 | | unless a pupil is
enrolled in a block-schedule format of 80 |
10 | | minutes or more of instruction,
in which case the pupil may |
11 | | be counted on the basis of the proportion of
minutes of |
12 | | school work completed each day to the minimum number of
|
13 | | minutes that school work is required to be held that day. |
14 | | (b) (Blank). |
15 | | (c) A session of 4 or more clock hours may be counted |
16 | | as a day of
attendance upon certification by the regional |
17 | | superintendent, and
approved by the State Superintendent |
18 | | of Education to the extent that the
district has been |
19 | | forced to use daily multiple sessions. |
20 | | (d) A session of 3 or more clock hours may be counted |
21 | | as a day of
attendance (1) when the remainder of the school |
22 | | day or at least
2 hours in the evening of that day is |
23 | | utilized for an
in-service training program for teachers, |
24 | | up to a maximum of 5 days per
school year, provided a |
25 | | district conducts an in-service
training program for |
26 | | teachers in accordance with Section 10-22.39 of this Code; |
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1 | | or, in lieu of 4 such days, 2 full days may
be used, in |
2 | | which event each such day
may be counted as a day required |
3 | | for a legal school calendar pursuant to Section 10-19 of |
4 | | this Code; (1.5) when, of the 5 days allowed under item |
5 | | (1), a maximum of 4 days are used for parent-teacher |
6 | | conferences, or, in lieu of 4 such days, 2 full days are |
7 | | used, in which case each such day may be counted as a |
8 | | calendar day required under Section 10-19 of this Code, |
9 | | provided that the full-day, parent-teacher conference |
10 | | consists of (i) a minimum of 5 clock hours of |
11 | | parent-teacher conferences, (ii) both a minimum of 2 clock |
12 | | hours of parent-teacher conferences held in the evening |
13 | | following a full day of student attendance, as specified in |
14 | | subsection (F)(1)(c), and a minimum of 3 clock hours of |
15 | | parent-teacher conferences held on the day immediately |
16 | | following evening parent-teacher conferences, or (iii) |
17 | | multiple parent-teacher conferences held in the evenings |
18 | | following full days of student attendance, as specified in |
19 | | subsection (F)(1)(c), in which the time used for the |
20 | | parent-teacher conferences is equivalent to a minimum of 5 |
21 | | clock hours; and (2) when days in
addition to
those |
22 | | provided in items (1) and (1.5) are scheduled by a school |
23 | | pursuant to its school
improvement plan adopted under |
24 | | Article 34 or its revised or amended school
improvement |
25 | | plan adopted under Article 2, provided that (i) such |
26 | | sessions of
3 or more clock hours are scheduled to occur at |
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1 | | regular intervals, (ii) the
remainder of the school days in |
2 | | which such sessions occur are utilized
for in-service |
3 | | training programs or other staff development activities |
4 | | for
teachers, and (iii) a sufficient number of minutes of |
5 | | school work under the
direct supervision of teachers are |
6 | | added to the school days between such
regularly scheduled |
7 | | sessions to accumulate not less than the number of minutes
|
8 | | by which such sessions of 3 or more clock hours fall short |
9 | | of 5 clock hours.
Any full days used for the purposes of |
10 | | this paragraph shall not be considered
for
computing |
11 | | average daily attendance. Days scheduled for in-service |
12 | | training
programs, staff development activities, or |
13 | | parent-teacher conferences may be
scheduled separately for |
14 | | different
grade levels and different attendance centers of |
15 | | the district. |
16 | | (e) A session of not less than one clock hour of |
17 | | teaching
hospitalized or homebound pupils on-site or by |
18 | | telephone to the classroom may
be counted as 1/2 day of |
19 | | attendance, however these pupils must receive 4 or
more |
20 | | clock hours of instruction to be counted for a full day of |
21 | | attendance. |
22 | | (f) A session of at least 4 clock hours may be counted |
23 | | as a day of
attendance for first grade pupils, and pupils |
24 | | in full day kindergartens,
and a session of 2 or more hours |
25 | | may be counted as 1/2 day of attendance by
pupils in |
26 | | kindergartens which provide only 1/2 day of attendance. |
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1 | | (g) For children with disabilities who are below the |
2 | | age of 6 years and
who
cannot attend 2 or more clock hours |
3 | | because of their disability or
immaturity, a session of not |
4 | | less than one clock hour may be counted as 1/2 day
of |
5 | | attendance; however for such children whose educational |
6 | | needs so require
a session of 4 or more clock hours may be |
7 | | counted as a full day of attendance. |
8 | | (h) A recognized kindergarten which provides for only |
9 | | 1/2 day of
attendance by each pupil shall not have more |
10 | | than 1/2 day of attendance
counted in any one day. However, |
11 | | kindergartens may count 2 1/2 days
of
attendance in any 5 |
12 | | consecutive school days. When a pupil attends such a
|
13 | | kindergarten for 2 half days on any one school day, the |
14 | | pupil shall have
the following day as a day absent from |
15 | | school, unless the school district
obtains permission in |
16 | | writing from the State Superintendent of Education.
|
17 | | Attendance at kindergartens which provide for a full day of |
18 | | attendance by
each pupil shall be counted the same as |
19 | | attendance by first grade pupils.
Only the first year of |
20 | | attendance in one kindergarten shall be counted,
except in |
21 | | case of children who entered the kindergarten in their |
22 | | fifth year
whose educational development requires a second |
23 | | year of kindergarten as
determined under the rules and |
24 | | regulations of the State Board of Education. |
25 | | (i) On the days when the Prairie State Achievement |
26 | | Examination is
administered under subsection (c) of |
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1 | | Section 2-3.64 of this Code, the day
of attendance for a |
2 | | pupil whose school
day must be shortened to accommodate |
3 | | required testing procedures may
be less than 5 clock hours |
4 | | and shall be counted towards the 176 days of actual pupil |
5 | | attendance required under Section 10-19 of this Code, |
6 | | provided that a sufficient number of minutes
of school work |
7 | | in excess of 5 clock hours are first completed on other |
8 | | school
days to compensate for the loss of school work on |
9 | | the examination days. |
10 | | (j) Pupils enrolled in a remote educational program |
11 | | established under Section 10-29 of this Code may be counted |
12 | | on the basis of one-fifth day of attendance for every clock |
13 | | hour of instruction attended in the remote educational |
14 | | program, provided that, in any month, the school district |
15 | | may not claim for a student enrolled in a remote |
16 | | educational program more days of attendance than the |
17 | | maximum number of days of attendance the district can claim |
18 | | (i) for students enrolled in a building holding year-round |
19 | | classes if the student is classified as participating in |
20 | | the remote educational program on a year-round schedule or |
21 | | (ii) for students enrolled in a building not holding |
22 | | year-round classes if the student is not classified as |
23 | | participating in the remote educational program on a |
24 | | year-round schedule.
|
25 | | (G) Equalized Assessed Valuation Data. |
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1 | | (1) For purposes of the calculation of Available Local |
2 | | Resources required
pursuant to subsection (D), the
State Board |
3 | | of Education shall secure from the Department of
Revenue the |
4 | | value as equalized or assessed by the Department of Revenue of
|
5 | | all taxable property of every school district, together with |
6 | | (i) the applicable
tax rate used in extending taxes for the |
7 | | funds of the district as of
September 30 of the previous year
|
8 | | and (ii) the limiting rate for all school
districts subject to |
9 | | property tax extension limitations as imposed under the
|
10 | | Property Tax Extension Limitation Law.
|
11 | | The Department of Revenue shall add to the equalized |
12 | | assessed value of all
taxable
property of each school district |
13 | | situated entirely or partially within a county
that is or was |
14 | | subject to the
provisions of Section 15-176 or 15-177 of the |
15 | | Property Tax Code (a)
an amount equal to the total amount by |
16 | | which the
homestead exemption allowed under Section 15-176 or |
17 | | 15-177 of the Property Tax Code for
real
property situated in |
18 | | that school district exceeds the total amount that would
have |
19 | | been
allowed in that school district if the maximum reduction |
20 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in |
21 | | all other counties in tax year 2003 or (ii) $5,000 in all |
22 | | counties in tax year 2004 and thereafter and (b) an amount |
23 | | equal to the aggregate amount for the taxable year of all |
24 | | additional exemptions under Section 15-175 of the Property Tax |
25 | | Code for owners with a household income of $30,000 or less. The |
26 | | county clerk of any county that is or was subject to the |
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1 | | provisions of Section 15-176 or 15-177 of the Property Tax Code |
2 | | shall
annually calculate and certify to the Department of |
3 | | Revenue for each school
district all
homestead exemption |
4 | | amounts under Section 15-176 or 15-177 of the Property Tax Code |
5 | | and all amounts of additional exemptions under Section 15-175 |
6 | | of the Property Tax Code for owners with a household income of |
7 | | $30,000 or less. It is the intent of this paragraph that if the |
8 | | general homestead exemption for a parcel of property is |
9 | | determined under Section 15-176 or 15-177 of the Property Tax |
10 | | Code rather than Section 15-175, then the calculation of |
11 | | Available Local Resources shall not be affected by the |
12 | | difference, if any, between the amount of the general homestead |
13 | | exemption allowed for that parcel of property under Section |
14 | | 15-176 or 15-177 of the Property Tax Code and the amount that |
15 | | would have been allowed had the general homestead exemption for |
16 | | that parcel of property been determined under Section 15-175 of |
17 | | the Property Tax Code. It is further the intent of this |
18 | | paragraph that if additional exemptions are allowed under |
19 | | Section 15-175 of the Property Tax Code for owners with a |
20 | | household income of less than $30,000, then the calculation of |
21 | | Available Local Resources shall not be affected by the |
22 | | difference, if any, because of those additional exemptions. |
23 | | This equalized assessed valuation, as adjusted further by |
24 | | the requirements of
this subsection, shall be utilized in the |
25 | | calculation of Available Local
Resources. |
26 | | (2) The equalized assessed valuation in paragraph (1) shall |
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| | HB1980 | - 59 - | LRB098 06168 NHT 36209 b |
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1 | | be adjusted, as
applicable, in the following manner: |
2 | | (a) For the purposes of calculating State aid under |
3 | | this Section,
with respect to any part of a school district |
4 | | within a redevelopment
project area in respect to which a |
5 | | municipality has adopted tax
increment allocation |
6 | | financing pursuant to the Tax Increment Allocation
|
7 | | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
8 | | of the Illinois
Municipal Code or the Industrial Jobs |
9 | | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
10 | | Illinois Municipal Code, no part of the current equalized
|
11 | | assessed valuation of real property located in any such |
12 | | project area which is
attributable to an increase above the |
13 | | total initial equalized assessed
valuation of such |
14 | | property shall be used as part of the equalized assessed
|
15 | | valuation of the district, until such time as all
|
16 | | redevelopment project costs have been paid, as provided in |
17 | | Section 11-74.4-8
of the Tax Increment Allocation |
18 | | Redevelopment Act or in Section 11-74.6-35 of
the |
19 | | Industrial Jobs Recovery Law. For the purpose of
the |
20 | | equalized assessed valuation of the
district, the total |
21 | | initial equalized assessed valuation or the current
|
22 | | equalized assessed valuation, whichever is lower, shall be |
23 | | used until
such time as all redevelopment project costs |
24 | | have been paid. |
25 | | (b) The real property equalized assessed valuation for |
26 | | a school district
shall be adjusted by subtracting from the |
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| | HB1980 | - 60 - | LRB098 06168 NHT 36209 b |
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1 | | real property
value as equalized or assessed by the |
2 | | Department of Revenue for the
district an amount computed |
3 | | by dividing the amount of any abatement of
taxes under |
4 | | Section 18-170 of the Property Tax Code by 3.00% for a |
5 | | district
maintaining grades kindergarten through 12, by |
6 | | 2.30% for a district
maintaining grades kindergarten |
7 | | through 8, or by 1.05% for a
district
maintaining grades 9 |
8 | | through 12 and adjusted by an amount computed by dividing
|
9 | | the amount of any abatement of taxes under subsection (a) |
10 | | of Section 18-165 of
the Property Tax Code by the same |
11 | | percentage rates for district type as
specified in this |
12 | | subparagraph (b). |
13 | | (3) For the 1999-2000 school year and each school year |
14 | | thereafter, if a
school district meets all of the criteria of |
15 | | this subsection (G)(3), the school
district's Available Local |
16 | | Resources shall be calculated under subsection (D)
using the |
17 | | district's Extension Limitation Equalized Assessed Valuation |
18 | | as
calculated under this
subsection (G)(3). |
19 | | For purposes of this subsection (G)(3) the following terms |
20 | | shall have
the following meanings: |
21 | | "Budget Year": The school year for which general State |
22 | | aid is calculated
and
awarded under subsection (E). |
23 | | "Base Tax Year": The property tax levy year used to |
24 | | calculate the Budget
Year
allocation of general State aid. |
25 | | "Preceding Tax Year": The property tax levy year |
26 | | immediately preceding the
Base Tax Year. |
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1 | | "Base Tax Year's Tax Extension": The product of the |
2 | | equalized assessed
valuation utilized by the County Clerk |
3 | | in the Base Tax Year multiplied by the
limiting rate as |
4 | | calculated by the County Clerk and defined in the Property |
5 | | Tax
Extension Limitation Law. |
6 | | "Preceding Tax Year's Tax Extension": The product of |
7 | | the equalized assessed
valuation utilized by the County |
8 | | Clerk in the Preceding Tax Year multiplied by
the Operating |
9 | | Tax Rate as defined in subsection (A). |
10 | | "Extension Limitation Ratio": A numerical ratio, |
11 | | certified by the
County Clerk, in which the numerator is |
12 | | the Base Tax Year's Tax
Extension and the denominator is |
13 | | the Preceding Tax Year's Tax Extension. |
14 | | "Operating Tax Rate": The operating tax rate as defined |
15 | | in subsection (A). |
16 | | If a school district is subject to property tax extension |
17 | | limitations as
imposed under
the Property Tax Extension |
18 | | Limitation Law, the State Board of Education shall
calculate |
19 | | the Extension
Limitation
Equalized Assessed Valuation of that |
20 | | district. For the 1999-2000 school
year, the
Extension |
21 | | Limitation Equalized Assessed Valuation of a school district as
|
22 | | calculated by the State Board of Education shall be equal to |
23 | | the product of the
district's 1996 Equalized Assessed Valuation |
24 | | and the district's Extension
Limitation Ratio. Except as |
25 | | otherwise provided in this paragraph for a school district that |
26 | | has approved or does approve an increase in its limiting rate, |
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| | HB1980 | - 62 - | LRB098 06168 NHT 36209 b |
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1 | | for the 2000-2001 school year and each school year
thereafter,
|
2 | | the Extension Limitation Equalized Assessed Valuation of a |
3 | | school district as
calculated by the State Board of Education |
4 | | shall be equal to the product of
the Equalized Assessed |
5 | | Valuation last used in the calculation of general State
aid and |
6 | | the
district's Extension Limitation Ratio. If the Extension |
7 | | Limitation
Equalized
Assessed Valuation of a school district as |
8 | | calculated under
this subsection (G)(3) is less than the |
9 | | district's equalized assessed valuation
as calculated pursuant |
10 | | to subsections (G)(1) and (G)(2), then for purposes of
|
11 | | calculating the district's general State aid for the Budget |
12 | | Year pursuant to
subsection (E), that Extension
Limitation |
13 | | Equalized Assessed Valuation shall be utilized to calculate the
|
14 | | district's Available Local Resources
under subsection (D). For |
15 | | the 2009-2010 school year and each school year thereafter, if a |
16 | | school district has approved or does approve an increase in its |
17 | | limiting rate, pursuant to Section 18-190 of the Property Tax |
18 | | Code, affecting the Base Tax Year, the Extension Limitation |
19 | | Equalized Assessed Valuation of the school district, as |
20 | | calculated by the State Board of Education, shall be equal to |
21 | | the product of the Equalized Assessed Valuation last used in |
22 | | the calculation of general State aid times an amount equal to |
23 | | one plus the percentage increase, if any, in the Consumer Price |
24 | | Index for all Urban Consumers for all items published by the |
25 | | United States Department of Labor for the 12-month calendar |
26 | | year preceding the Base Tax Year, plus the Equalized Assessed |
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1 | | Valuation of new property, annexed property, and recovered tax |
2 | | increment value and minus the Equalized Assessed Valuation of |
3 | | disconnected property. New property and recovered tax |
4 | | increment value shall have the meanings set forth in the |
5 | | Property Tax Extension Limitation Law. |
6 | | Partial elementary unit districts created in accordance |
7 | | with Article 11E of this Code shall not be eligible for the |
8 | | adjustment in this subsection (G)(3) until the fifth year |
9 | | following the effective date of the reorganization.
|
10 | | (3.5) For the 2010-2011 school year and each school year |
11 | | thereafter, if a school district's boundaries span multiple |
12 | | counties, then the Department of Revenue shall send to the |
13 | | State Board of Education, for the purpose of calculating |
14 | | general State aid, the limiting rate and individual rates by |
15 | | purpose for the county that contains the majority of the school |
16 | | district's Equalized Assessed Valuation. |
17 | | (4) For the purposes of calculating general State aid for |
18 | | the 1999-2000
school year only, if a school district |
19 | | experienced a triennial reassessment on
the equalized assessed |
20 | | valuation used in calculating its general State
financial aid |
21 | | apportionment for the 1998-1999 school year, the State Board of
|
22 | | Education shall calculate the Extension Limitation Equalized |
23 | | Assessed Valuation
that would have been used to calculate the |
24 | | district's 1998-1999 general State
aid. This amount shall equal |
25 | | the product of the equalized assessed valuation
used to
|
26 | | calculate general State aid for the 1997-1998 school year and |
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| | HB1980 | - 64 - | LRB098 06168 NHT 36209 b |
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1 | | the district's
Extension Limitation Ratio. If the Extension |
2 | | Limitation Equalized Assessed
Valuation of the school district |
3 | | as calculated under this paragraph (4) is
less than the |
4 | | district's equalized assessed valuation utilized in |
5 | | calculating
the
district's 1998-1999 general State aid |
6 | | allocation, then for purposes of
calculating the district's |
7 | | general State aid pursuant to paragraph (5) of
subsection (E),
|
8 | | that Extension Limitation Equalized Assessed Valuation shall |
9 | | be utilized to
calculate the district's Available Local |
10 | | Resources. |
11 | | (5) For school districts having a majority of their |
12 | | equalized assessed
valuation in any county except Cook, DuPage, |
13 | | Kane, Lake, McHenry, or Will, if
the amount of general State |
14 | | aid allocated to the school district for the
1999-2000 school |
15 | | year under the provisions of subsection (E), (H), and (J) of
|
16 | | this Section is less than the amount of general State aid |
17 | | allocated to the
district for the 1998-1999 school year under |
18 | | these subsections, then the
general
State aid of the district |
19 | | for the 1999-2000 school year only shall be increased
by the |
20 | | difference between these amounts. The total payments made under |
21 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall |
22 | | be prorated if they
exceed $14,000,000.
|
23 | | (H) Supplemental General State Aid. |
24 | | (1) In addition to the general State aid a school district |
25 | | is allotted
pursuant to subsection (E), qualifying school |
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| | HB1980 | - 65 - | LRB098 06168 NHT 36209 b |
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1 | | districts shall receive a grant,
paid in conjunction with a |
2 | | district's payments of general State aid, for
supplemental |
3 | | general State aid based upon the concentration level of |
4 | | children
from low-income households within the school |
5 | | district.
Supplemental State aid grants provided for school |
6 | | districts under this
subsection shall be appropriated for |
7 | | distribution to school districts as part
of the same line item |
8 | | in which the general State financial aid of school
districts is |
9 | | appropriated under this Section.
|
10 | | (1.5) This paragraph (1.5) applies only to those school |
11 | | years
preceding the 2003-2004 school year.
For purposes of this
|
12 | | subsection (H), the term "Low-Income Concentration Level" |
13 | | shall be the
low-income
eligible pupil count from the most |
14 | | recently available federal census divided by
the Average Daily |
15 | | Attendance of the school district.
If, however, (i) the |
16 | | percentage decrease from the 2 most recent federal
censuses
in |
17 | | the low-income eligible pupil count of a high school district |
18 | | with fewer
than 400 students exceeds by 75% or more the |
19 | | percentage change in the total
low-income eligible pupil count |
20 | | of contiguous elementary school districts,
whose boundaries |
21 | | are coterminous with the high school district,
or (ii) a high |
22 | | school district within 2 counties and serving 5 elementary
|
23 | | school
districts, whose boundaries are coterminous with the |
24 | | high school
district, has a percentage decrease from the 2 most |
25 | | recent federal
censuses in the low-income eligible pupil count |
26 | | and there is a percentage
increase in the total low-income |
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1 | | eligible pupil count of a majority of the
elementary school |
2 | | districts in excess of 50% from the 2 most recent
federal |
3 | | censuses, then
the
high school district's low-income eligible |
4 | | pupil count from the earlier federal
census
shall be the number |
5 | | used as the low-income eligible pupil count for the high
school |
6 | | district, for purposes of this subsection (H).
The changes made |
7 | | to this paragraph (1) by Public Act 92-28 shall apply to
|
8 | | supplemental general State aid
grants for school years |
9 | | preceding the 2003-2004 school year that are paid
in fiscal |
10 | | year 1999 or thereafter
and to
any State aid payments made in |
11 | | fiscal year 1994 through fiscal year
1998 pursuant to |
12 | | subsection 1(n) of Section 18-8 of this Code (which was
|
13 | | repealed on July 1, 1998), and any high school district that is |
14 | | affected by
Public Act 92-28 is
entitled to a
recomputation of |
15 | | its supplemental general State aid grant or State aid
paid in |
16 | | any of those fiscal years. This recomputation shall not be
|
17 | | affected by any other funding. |
18 | | (1.10) This paragraph (1.10) applies to the 2003-2004 |
19 | | school year
and each school year thereafter. For purposes of |
20 | | this subsection (H), the
term "Low-Income Concentration Level" |
21 | | shall, for each fiscal year, be the
low-income eligible
pupil |
22 | | count
as of July 1 of the immediately preceding fiscal year
(as |
23 | | determined by the Department of Human Services based
on the |
24 | | number of pupils
who are eligible for at least one of the |
25 | | following
low income programs: Medicaid, the Children's Health |
26 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who |
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1 | | are eligible for services provided by the Department
of |
2 | | Children and Family Services,
averaged over
the 2 immediately |
3 | | preceding fiscal years for fiscal year 2004 and over the 3
|
4 | | immediately preceding fiscal years for each fiscal year |
5 | | thereafter)
divided by the Average Daily Attendance of the |
6 | | school district. |
7 | | (2) Supplemental general State aid pursuant to this |
8 | | subsection (H) shall
be
provided as follows for the 1998-1999, |
9 | | 1999-2000, and 2000-2001 school years
only: |
10 | | (a) For any school district with a Low Income |
11 | | Concentration Level of at
least 20% and less than 35%, the |
12 | | grant for any school year
shall be $800
multiplied by the |
13 | | low income eligible pupil count. |
14 | | (b) For any school district with a Low Income |
15 | | Concentration Level of at
least 35% and less than 50%, the |
16 | | grant for the 1998-1999 school year shall be
$1,100 |
17 | | multiplied by the low income eligible pupil count. |
18 | | (c) For any school district with a Low Income |
19 | | Concentration Level of at
least 50% and less than 60%, the |
20 | | grant for the 1998-99 school year shall be
$1,500 |
21 | | multiplied by the low income eligible pupil count. |
22 | | (d) For any school district with a Low Income |
23 | | Concentration Level of 60%
or more, the grant for the |
24 | | 1998-99 school year shall be $1,900 multiplied by
the low |
25 | | income eligible pupil count. |
26 | | (e) For the 1999-2000 school year, the per pupil amount |
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1 | | specified in
subparagraphs (b), (c), and (d) immediately |
2 | | above shall be increased to $1,243,
$1,600, and $2,000, |
3 | | respectively. |
4 | | (f) For the 2000-2001 school year, the per pupil |
5 | | amounts specified in
subparagraphs (b), (c), and (d) |
6 | | immediately above shall be
$1,273, $1,640, and $2,050, |
7 | | respectively. |
8 | | (2.5) Supplemental general State aid pursuant to this |
9 | | subsection (H)
shall be provided as follows for the 2002-2003 |
10 | | school year: |
11 | | (a) For any school district with a Low Income |
12 | | Concentration Level of less
than 10%, the grant for each |
13 | | school year shall be $355 multiplied by the low
income |
14 | | eligible pupil count. |
15 | | (b) For any school district with a Low Income |
16 | | Concentration
Level of at least 10% and less than 20%, the |
17 | | grant for each school year shall
be $675
multiplied by the |
18 | | low income eligible pupil
count. |
19 | | (c) For any school district with a Low Income |
20 | | Concentration
Level of at least 20% and less than 35%, the |
21 | | grant for each school year shall
be $1,330
multiplied by |
22 | | the low income eligible pupil
count. |
23 | | (d) For any school district with a Low Income |
24 | | Concentration
Level of at least 35% and less than 50%, the |
25 | | grant for each school year shall
be $1,362
multiplied by |
26 | | the low income eligible pupil
count. |
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1 | | (e) For any school district with a Low Income |
2 | | Concentration
Level of at least 50% and less than 60%, the |
3 | | grant for each school year shall
be $1,680
multiplied by |
4 | | the low income eligible pupil
count. |
5 | | (f) For any school district with a Low Income |
6 | | Concentration
Level of 60% or more, the grant for each |
7 | | school year shall be $2,080
multiplied by the low income |
8 | | eligible pupil count. |
9 | | (2.10) Except as otherwise provided, supplemental general |
10 | | State aid
pursuant to this subsection
(H) shall be provided as |
11 | | follows for the 2003-2004 school year and each
school year |
12 | | thereafter: |
13 | | (a) For any school district with a Low Income |
14 | | Concentration
Level of 15% or less, the grant for each |
15 | | school year
shall be $355 multiplied by the low income |
16 | | eligible pupil count. |
17 | | (b) For any school district with a Low Income |
18 | | Concentration
Level greater than 15%, the grant for each |
19 | | school year shall be
$294.25 added to the product of $2,700 |
20 | | and the square of the Low
Income Concentration Level, all |
21 | | multiplied by the low income
eligible pupil count. |
22 | | For the 2003-2004 school year and each school year |
23 | | thereafter through the 2008-2009 school year only, the grant |
24 | | shall be no less than the
grant
for
the 2002-2003 school year. |
25 | | For the 2009-2010 school year only, the grant shall
be no
less |
26 | | than the grant for the 2002-2003 school year multiplied by |
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1 | | 0.66. For the 2010-2011
school year only, the grant shall be no |
2 | | less than the grant for the 2002-2003
school year
multiplied by |
3 | | 0.33. Notwithstanding the provisions of this paragraph to the |
4 | | contrary, if for any school year supplemental general State aid |
5 | | grants are prorated as provided in paragraph (1) of this |
6 | | subsection (H), then the grants under this paragraph shall be |
7 | | prorated.
|
8 | | For the 2003-2004 school year only, the grant shall be no |
9 | | greater
than the grant received during the 2002-2003 school |
10 | | year added to the
product of 0.25 multiplied by the difference |
11 | | between the grant amount
calculated under subsection (a) or (b) |
12 | | of this paragraph (2.10), whichever
is applicable, and the |
13 | | grant received during the 2002-2003 school year.
For the |
14 | | 2004-2005 school year only, the grant shall be no greater than
|
15 | | the grant received during the 2002-2003 school year added to |
16 | | the
product of 0.50 multiplied by the difference between the |
17 | | grant amount
calculated under subsection (a) or (b) of this |
18 | | paragraph (2.10), whichever
is applicable, and the grant |
19 | | received during the 2002-2003 school year.
For the 2005-2006 |
20 | | school year only, the grant shall be no greater than
the grant |
21 | | received during the 2002-2003 school year added to the
product |
22 | | of 0.75 multiplied by the difference between the grant amount
|
23 | | calculated under subsection (a) or (b) of this paragraph |
24 | | (2.10), whichever
is applicable, and the grant received during |
25 | | the 2002-2003
school year. |
26 | | (3) School districts with an Average Daily Attendance of |
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1 | | more than 1,000
and less than 50,000 that qualify for |
2 | | supplemental general State aid pursuant
to this subsection |
3 | | shall submit a plan to the State Board of Education prior to
|
4 | | October 30 of each year for the use of the funds resulting from |
5 | | this grant of
supplemental general State aid for the |
6 | | improvement of
instruction in which priority is given to |
7 | | meeting the education needs of
disadvantaged children. Such |
8 | | plan shall be submitted in accordance with
rules and |
9 | | regulations promulgated by the State Board of Education. |
10 | | (4) School districts with an Average Daily Attendance of |
11 | | 50,000 or more
that qualify for supplemental general State aid |
12 | | pursuant to this subsection
shall be required to distribute |
13 | | from funds available pursuant to this Section,
no less than |
14 | | $261,000,000 in accordance with the following requirements: |
15 | | (a) The required amounts shall be distributed to the |
16 | | attendance centers
within the district in proportion to the |
17 | | number of pupils enrolled at each
attendance center who are |
18 | | eligible to receive free or reduced-price lunches or
|
19 | | breakfasts under the federal Child Nutrition Act of 1966 |
20 | | and under the National
School Lunch Act during the |
21 | | immediately preceding school year. |
22 | | (b) The distribution of these portions of supplemental |
23 | | and general State
aid among attendance centers according to |
24 | | these requirements shall not be
compensated for or |
25 | | contravened by adjustments of the total of other funds
|
26 | | appropriated to any attendance centers, and the Board of |
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1 | | Education shall
utilize funding from one or several sources |
2 | | in order to fully implement this
provision annually prior |
3 | | to the opening of school. |
4 | | (c) Each attendance center shall be provided by the
|
5 | | school district a distribution of noncategorical funds and |
6 | | other
categorical funds to which an attendance center is |
7 | | entitled under law in
order that the general State aid and |
8 | | supplemental general State aid provided
by application of |
9 | | this subsection supplements rather than supplants the
|
10 | | noncategorical funds and other categorical funds provided |
11 | | by the school
district to the attendance centers. |
12 | | (d) Any funds made available under this subsection that |
13 | | by reason of the
provisions of this subsection are not
|
14 | | required to be allocated and provided to attendance centers |
15 | | may be used and
appropriated by the board of the district |
16 | | for any lawful school purpose. |
17 | | (e) Funds received by an attendance center
pursuant to |
18 | | this
subsection shall be used
by the attendance center at |
19 | | the discretion
of the principal and local school council |
20 | | for programs to improve educational
opportunities at |
21 | | qualifying schools through the following programs and
|
22 | | services: early childhood education, reduced class size or |
23 | | improved adult to
student classroom ratio, enrichment |
24 | | programs, remedial assistance, attendance
improvement, and |
25 | | other educationally beneficial expenditures which
|
26 | | supplement
the regular and basic programs as determined by |
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1 | | the State Board of Education.
Funds provided shall not be |
2 | | expended for any political or lobbying purposes
as defined |
3 | | by board rule. |
4 | | (f) Each district subject to the provisions of this |
5 | | subdivision (H)(4)
shall submit an
acceptable plan to meet |
6 | | the educational needs of disadvantaged children, in
|
7 | | compliance with the requirements of this paragraph, to the |
8 | | State Board of
Education prior to July 15 of each year. |
9 | | This plan shall be consistent with the
decisions of local |
10 | | school councils concerning the school expenditure plans
|
11 | | developed in accordance with part 4 of Section 34-2.3. The |
12 | | State Board shall
approve or reject the plan within 60 days |
13 | | after its submission. If the plan is
rejected, the district |
14 | | shall give written notice of intent to modify the plan
|
15 | | within 15 days of the notification of rejection and then |
16 | | submit a modified plan
within 30 days after the date of the |
17 | | written notice of intent to modify.
Districts may amend |
18 | | approved plans pursuant to rules promulgated by the State
|
19 | | Board of Education. |
20 | | Upon notification by the State Board of Education that |
21 | | the district has
not submitted a plan prior to July 15 or a |
22 | | modified plan within the time
period specified herein, the
|
23 | | State aid funds affected by that plan or modified plan |
24 | | shall be withheld by the
State Board of Education until a |
25 | | plan or modified plan is submitted. |
26 | | If the district fails to distribute State aid to |
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1 | | attendance centers in
accordance with an approved plan, the |
2 | | plan for the following year shall
allocate funds, in |
3 | | addition to the funds otherwise required by this
|
4 | | subsection, to those attendance centers which were |
5 | | underfunded during the
previous year in amounts equal to |
6 | | such underfunding. |
7 | | For purposes of determining compliance with this |
8 | | subsection in relation
to the requirements of attendance |
9 | | center funding, each district subject to the
provisions of |
10 | | this
subsection shall submit as a separate document by |
11 | | December 1 of each year a
report of expenditure data for |
12 | | the prior year in addition to any
modification of its |
13 | | current plan. If it is determined that there has been
a |
14 | | failure to comply with the expenditure provisions of this |
15 | | subsection
regarding contravention or supplanting, the |
16 | | State Superintendent of
Education shall, within 60 days of |
17 | | receipt of the report, notify the
district and any affected |
18 | | local school council. The district shall within
45 days of |
19 | | receipt of that notification inform the State |
20 | | Superintendent of
Education of the remedial or corrective |
21 | | action to be taken, whether by
amendment of the current |
22 | | plan, if feasible, or by adjustment in the plan
for the |
23 | | following year. Failure to provide the expenditure report |
24 | | or the
notification of remedial or corrective action in a |
25 | | timely manner shall
result in a withholding of the affected |
26 | | funds. |
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1 | | The State Board of Education shall promulgate rules and |
2 | | regulations
to implement the provisions of this |
3 | | subsection. No funds shall be released
under this |
4 | | subdivision (H)(4) to any district that has not submitted a |
5 | | plan
that has been approved by the State Board of |
6 | | Education.
|
7 | | (I) (Blank).
|
8 | | (J) (Blank).
|
9 | | (K) Grants to Laboratory and Alternative Schools. |
10 | | In calculating the amount to be paid to the governing board |
11 | | of a public
university that operates a laboratory school under |
12 | | this Section or to any
alternative school that is operated by a |
13 | | regional superintendent of schools,
the State
Board of |
14 | | Education shall require by rule such reporting requirements as |
15 | | it
deems necessary. |
16 | | As used in this Section, "laboratory school" means a public |
17 | | school which is
created and operated by a public university and |
18 | | approved by the State Board of
Education. The governing board |
19 | | of a public university which receives funds
from the State |
20 | | Board under this subsection (K) may not increase the number of
|
21 | | students enrolled in its laboratory
school from a single |
22 | | district, if that district is already sending 50 or more
|
23 | | students, except under a mutual agreement between the school |
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1 | | board of a
student's district of residence and the university |
2 | | which operates the
laboratory school. A laboratory school may |
3 | | not have more than 1,000 students,
excluding students with |
4 | | disabilities in a special education program. |
5 | | As used in this Section, "alternative school" means a |
6 | | public school which is
created and operated by a Regional |
7 | | Superintendent of Schools and approved by
the State Board of |
8 | | Education. Such alternative schools may offer courses of
|
9 | | instruction for which credit is given in regular school |
10 | | programs, courses to
prepare students for the high school |
11 | | equivalency testing program or vocational
and occupational |
12 | | training. A regional superintendent of schools may contract
|
13 | | with a school district or a public community college district |
14 | | to operate an
alternative school. An alternative school serving |
15 | | more than one educational
service region may be established by |
16 | | the regional superintendents of schools
of the affected |
17 | | educational service regions. An alternative school
serving |
18 | | more than one educational service region may be operated under |
19 | | such
terms as the regional superintendents of schools of those |
20 | | educational service
regions may agree. |
21 | | Each laboratory and alternative school shall file, on forms |
22 | | provided by the
State Superintendent of Education, an annual |
23 | | State aid claim which states the
Average Daily Attendance of |
24 | | the school's students by month. The best 3 months'
Average |
25 | | Daily Attendance shall be computed for each school.
The general |
26 | | State aid entitlement shall be computed by multiplying the
|
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1 | | applicable Average Daily Attendance by the Foundation Level as |
2 | | determined under
this Section.
|
3 | | (L) Payments, Additional Grants in Aid and Other Requirements. |
4 | | (1) For a school district operating under the financial |
5 | | supervision
of an Authority created under Article 34A, the |
6 | | general State aid otherwise
payable to that district under this |
7 | | Section, but not the supplemental general
State aid, shall be |
8 | | reduced by an amount equal to the budget for
the operations of |
9 | | the Authority as certified by the Authority to the State
Board |
10 | | of Education, and an amount equal to such reduction shall be |
11 | | paid
to the Authority created for such district for its |
12 | | operating expenses in
the manner provided in Section 18-11. The |
13 | | remainder
of general State school aid for any such district |
14 | | shall be paid in accordance
with Article 34A when that Article |
15 | | provides for a disposition other than that
provided by this |
16 | | Article. |
17 | | (2) (Blank). |
18 | | (3) Summer school. Summer school payments shall be made as |
19 | | provided in
Section 18-4.3.
|
20 | | (M) Education Funding Advisory Board. |
21 | | The Education Funding Advisory
Board, hereinafter in this |
22 | | subsection (M) referred to as the "Board", is hereby
created. |
23 | | The Board
shall consist of 5 members who are appointed by the |
24 | | Governor, by and with the
advice and consent of the Senate. The |
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1 | | members appointed shall include
representatives of education, |
2 | | business, and the general public. One of the
members so |
3 | | appointed shall be
designated by the Governor at the time the |
4 | | appointment is made as the
chairperson of the
Board.
The |
5 | | initial members of the Board may
be appointed any time after |
6 | | the effective date of this amendatory Act of
1997. The regular |
7 | | term of each member of the
Board shall be for 4 years from the |
8 | | third Monday of January of the
year in which the term of the |
9 | | member's appointment is to commence, except that
of the 5 |
10 | | initial members appointed to serve on the
Board, the member who |
11 | | is appointed as the chairperson shall serve for
a term that |
12 | | commences on the date of his or her appointment and expires on |
13 | | the
third Monday of January, 2002, and the remaining 4 members, |
14 | | by lots drawn at
the first meeting of the Board that is
held
|
15 | | after all 5 members are appointed, shall determine 2 of their |
16 | | number to serve
for terms that commence on the date of their
|
17 | | respective appointments and expire on the third
Monday of |
18 | | January, 2001,
and 2 of their number to serve for terms that |
19 | | commence
on the date of their respective appointments and |
20 | | expire on the third Monday
of January, 2000. All members |
21 | | appointed to serve on the
Board shall serve until their |
22 | | respective successors are
appointed and confirmed. Vacancies |
23 | | shall be filled in the same manner as
original appointments. If |
24 | | a vacancy in membership occurs at a time when the
Senate is not |
25 | | in session, the Governor shall make a temporary appointment |
26 | | until
the next meeting of the Senate, when he or she shall |
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1 | | appoint, by and with the
advice and consent of the Senate, a |
2 | | person to fill that membership for the
unexpired term. If the |
3 | | Senate is not in session when the initial appointments
are |
4 | | made, those appointments shall
be made as in the case of |
5 | | vacancies. |
6 | | The Education Funding Advisory Board shall be deemed |
7 | | established,
and the initial
members appointed by the Governor |
8 | | to serve as members of the
Board shall take office,
on the date |
9 | | that the
Governor makes his or her appointment of the fifth |
10 | | initial member of the
Board, whether those initial members are |
11 | | then serving
pursuant to appointment and confirmation or |
12 | | pursuant to temporary appointments
that are made by the |
13 | | Governor as in the case of vacancies. |
14 | | The State Board of Education shall provide such staff |
15 | | assistance to the
Education Funding Advisory Board as is |
16 | | reasonably required for the proper
performance by the Board of |
17 | | its responsibilities. |
18 | | For school years after the 2000-2001 school year, the |
19 | | Education
Funding Advisory Board, in consultation with the |
20 | | State Board of Education,
shall make recommendations as |
21 | | provided in this subsection (M) to the General
Assembly for the |
22 | | foundation level under subdivision (B)(3) of this Section and
|
23 | | for the
supplemental general State aid grant level under |
24 | | subsection (H) of this Section
for districts with high |
25 | | concentrations of children from poverty. The
recommended |
26 | | foundation level shall be determined based on a methodology |
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1 | | which
incorporates the basic education expenditures of |
2 | | low-spending schools
exhibiting high academic performance. The |
3 | | Education Funding Advisory Board
shall make such |
4 | | recommendations to the General Assembly on January 1 of odd
|
5 | | numbered years, beginning January 1, 2001.
|
6 | | (N) (Blank).
|
7 | | (O) References. |
8 | | (1) References in other laws to the various subdivisions of
|
9 | | Section 18-8 as that Section existed before its repeal and |
10 | | replacement by this
Section 18-8.05 shall be deemed to refer to |
11 | | the corresponding provisions of
this Section 18-8.05, to the |
12 | | extent that those references remain applicable. |
13 | | (2) References in other laws to State Chapter 1 funds shall |
14 | | be deemed to
refer to the supplemental general State aid |
15 | | provided under subsection (H) of
this Section. |
16 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
17 | | changes to this Section. Under Section 6 of the Statute on |
18 | | Statutes there is an irreconcilable conflict between Public Act |
19 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last |
20 | | acted upon, is controlling. The text of Public Act 93-838 is |
21 | | the law regardless of the text of Public Act 93-808. |
22 | | (Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, |
23 | | eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; |
|
| | HB1980 | - 81 - | LRB098 06168 NHT 36209 b |
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1 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. |
2 | | 11-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742, |
3 | | eff. 6-30-13; 97-813, eff. 7-13-12.) |
4 | | Section 95. No acceleration or delay. Where this Act makes |
5 | | changes in a statute that is represented in this Act by text |
6 | | that is not yet or no longer in effect (for example, a Section |
7 | | represented by multiple versions), the use of that text does |
8 | | not accelerate or delay the taking effect of (i) the changes |
9 | | made by this Act or (ii) provisions derived from any other |
10 | | Public Act. |