Rep. Barbara Wheeler

Filed: 4/12/2016

 

 


 

 


 
09900HB4227ham001LRB099 12722 NHT 47321 a

1
AMENDMENT TO HOUSE BILL 4227

2    AMENDMENT NO. ______. Amend House Bill 4227 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-19, 10-19.1, 18-8.05, and 18-12 as follows:
 
6    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
7    Sec. 10-19. Length of school term - experimental programs.
8Each school board shall annually prepare a calendar for the
9school term, specifying the opening and closing dates and
10providing a minimum term of at least 185 days to ensure insure
11176 days of actual pupil attendance, computable under Section
1218-8.05, except that for the 1980-1981 school year only 175
13days of actual pupil attendance shall be required because of
14the closing of schools pursuant to Section 24-2 on January 29,
151981 upon the appointment by the President of that day as a day
16of thanksgiving for the freedom of the Americans who had been

 

 

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1held hostage in Iran. However, beginning with the 2017-2018
2school year or beginning with the school year following the
3expiration of any collective bargaining agreement in effect on
4the effective date of this amendatory Act of the 99th General
5Assembly, whichever is later, each school board shall annually
6prepare a calendar for the school term that provides a minimum
7term of at least 185 days to ensure 181 days of actual pupil
8attendance. Any days allowed by law for teachers' institutes
9but not used as such or used as parental institutes as provided
10in Section 10-22.18d shall increase the minimum term by the
11school days not so used. Except as provided in Section 10-19.1,
12the board may not extend the school term beyond such closing
13date unless that extension of term is necessary to provide the
14minimum number of computable days. In case of such necessary
15extension school employees shall be paid for such additional
16time on the basis of their regular contracts. A school board
17may specify a closing date earlier than that set on the annual
18calendar when the schools of the district have provided the
19minimum number of computable days under this Section. Nothing
20in this Section prevents the board from employing
21superintendents of schools, principals and other nonteaching
22personnel for a period of 12 months, or in the case of
23superintendents for a period in accordance with Section
2410-23.8, or prevents the board from employing other personnel
25before or after the regular school term with payment of salary
26proportionate to that received for comparable work during the

 

 

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1school term.
2    A school board may make such changes in its calendar for
3the school term as may be required by any changes in the legal
4school holidays prescribed in Section 24-2. A school board may
5make changes in its calendar for the school term as may be
6necessary to reflect the utilization of teachers' institute
7days as parental institute days as provided in Section
810-22.18d.
9    The calendar for the school term and any changes must be
10submitted to and approved by the regional superintendent of
11schools before the calendar or changes may take effect.
12    With the prior approval of the State Board of Education and
13subject to review by the State Board of Education every 3
14years, any school board may, by resolution of its board and in
15agreement with affected exclusive collective bargaining
16agents, establish experimental educational programs, including
17but not limited to programs for e-learning days as authorized
18under Section 10-20.56 of this Code, self-directed learning, or
19outside of formal class periods, which programs when so
20approved shall be considered to comply with the requirements of
21this Section as respects numbers of days of actual pupil
22attendance and with the other requirements of this Act as
23respects courses of instruction.
24(Source: P.A. 98-756, eff. 7-16-14; 99-194, eff. 7-30-15.)
 
25    (105 ILCS 5/10-19.1)  (from Ch. 122, par. 10-19.1)

 

 

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1    Sec. 10-19.1. Full year school plan.
2    (a) Any school district may, by resolution of its board,
3operate one or more schools within the district on a full year
4school plan approved by the State Board of Education. Any board
5which operates under this subsection (a) shall devise a plan so
6that a student's required attendance in school shall be for a
7minimum term of 180 days of actual attendance, including not
8more than 4 institute days, during a 12-month 12 month period,
9but shall not exceed 185 days. However, beginning with the
102017-2018 school year or beginning with the school year
11following the expiration of any collective bargaining
12agreement in effect on the effective date of this amendatory
13Act of the 99th General Assembly, whichever is later, a
14student's required attendance in school shall be for a minimum
15term of 183 days of actual attendance, including not more than
164 institute days, during a 12-month period, but shall not
17exceed 185 days. Under such plan, no teacher shall be required
18to teach more than 185 days. A calendar of 180 days or 183
19days, whichever is applicable, may be established with the
20approval of the State Board of Education.
21    (b) Any school board that operates one or more schools
22within the school district on a pilot full-year school plan
23under subsection (a-5) of Section 2-3.25f of this Code shall
24devise a plan so that a student's required attendance in school
25shall be for a minimum term of 215 days of actual attendance,
26including not more than 4 institute days, during a 12-month

 

 

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1period. A calendar of 215 days may be established with the
2approval of the State Board of Education.
3(Source: P.A. 97-370, eff. 1-1-12.)
 
4    (105 ILCS 5/18-8.05)
5    Sec. 18-8.05. Basis for apportionment of general State
6financial aid and supplemental general State aid to the common
7schools for the 1998-1999 and subsequent school years.
 
8(A) General Provisions.
9    (1) The provisions of this Section apply to the 1998-1999
10and subsequent school years. The system of general State
11financial aid provided for in this Section is designed to
12assure that, through a combination of State financial aid and
13required local resources, the financial support provided each
14pupil in Average Daily Attendance equals or exceeds a
15prescribed per pupil Foundation Level. This formula approach
16imputes a level of per pupil Available Local Resources and
17provides for the basis to calculate a per pupil level of
18general State financial aid that, when added to Available Local
19Resources, equals or exceeds the Foundation Level. The amount
20of per pupil general State financial aid for school districts,
21in general, varies in inverse relation to Available Local
22Resources. Per pupil amounts are based upon each school
23district's Average Daily Attendance as that term is defined in
24this Section.

 

 

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1    (2) In addition to general State financial aid, school
2districts with specified levels or concentrations of pupils
3from low income households are eligible to receive supplemental
4general State financial aid grants as provided pursuant to
5subsection (H). The supplemental State aid grants provided for
6school districts under subsection (H) shall be appropriated for
7distribution to school districts as part of the same line item
8in which the general State financial aid of school districts is
9appropriated under this Section.
10    (3) To receive financial assistance under this Section,
11school districts are required to file claims with the State
12Board of Education, subject to the following requirements:
13        (a) Any school district which fails for any given
14    school year to maintain school as required by law, or to
15    maintain a recognized school is not eligible to file for
16    such school year any claim upon the Common School Fund. In
17    case of nonrecognition of one or more attendance centers in
18    a school district otherwise operating recognized schools,
19    the claim of the district shall be reduced in the
20    proportion which the Average Daily Attendance in the
21    attendance center or centers bear to the Average Daily
22    Attendance in the school district. A "recognized school"
23    means any public school which meets the standards as
24    established for recognition by the State Board of
25    Education. A school district or attendance center not
26    having recognition status at the end of a school term is

 

 

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1    entitled to receive State aid payments due upon a legal
2    claim which was filed while it was recognized.
3        (b) School district claims filed under this Section are
4    subject to Sections 18-9 and 18-12, except as otherwise
5    provided in this Section.
6        (c) If a school district operates a full year school
7    under Section 10-19.1, the general State aid to the school
8    district shall be determined by the State Board of
9    Education in accordance with this Section as near as may be
10    applicable.
11        (d) (Blank).
12    (4) Except as provided in subsections (H) and (L), the
13board of any district receiving any of the grants provided for
14in this Section may apply those funds to any fund so received
15for which that board is authorized to make expenditures by law.
16    School districts are not required to exert a minimum
17Operating Tax Rate in order to qualify for assistance under
18this Section.
19    (5) As used in this Section the following terms, when
20capitalized, shall have the meaning ascribed herein:
21        (a) "Average Daily Attendance": A count of pupil
22    attendance in school, averaged as provided for in
23    subsection (C) and utilized in deriving per pupil financial
24    support levels.
25        (b) "Available Local Resources": A computation of
26    local financial support, calculated on the basis of Average

 

 

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1    Daily Attendance and derived as provided pursuant to
2    subsection (D).
3        (c) "Corporate Personal Property Replacement Taxes":
4    Funds paid to local school districts pursuant to "An Act in
5    relation to the abolition of ad valorem personal property
6    tax and the replacement of revenues lost thereby, and
7    amending and repealing certain Acts and parts of Acts in
8    connection therewith", certified August 14, 1979, as
9    amended (Public Act 81-1st S.S.-1).
10        (d) "Foundation Level": A prescribed level of per pupil
11    financial support as provided for in subsection (B).
12        (e) "Operating Tax Rate": All school district property
13    taxes extended for all purposes, except Bond and Interest,
14    Summer School, Rent, Capital Improvement, and Vocational
15    Education Building purposes.
 
16(B) Foundation Level.
17    (1) The Foundation Level is a figure established by the
18State representing the minimum level of per pupil financial
19support that should be available to provide for the basic
20education of each pupil in Average Daily Attendance. As set
21forth in this Section, each school district is assumed to exert
22a sufficient local taxing effort such that, in combination with
23the aggregate of general State financial aid provided the
24district, an aggregate of State and local resources are
25available to meet the basic education needs of pupils in the

 

 

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1district.
2    (2) For the 1998-1999 school year, the Foundation Level of
3support is $4,225. For the 1999-2000 school year, the
4Foundation Level of support is $4,325. For the 2000-2001 school
5year, the Foundation Level of support is $4,425. For the
62001-2002 school year and 2002-2003 school year, the Foundation
7Level of support is $4,560. For the 2003-2004 school year, the
8Foundation Level of support is $4,810. For the 2004-2005 school
9year, the Foundation Level of support is $4,964. For the
102005-2006 school year, the Foundation Level of support is
11$5,164. For the 2006-2007 school year, the Foundation Level of
12support is $5,334. For the 2007-2008 school year, the
13Foundation Level of support is $5,734. For the 2008-2009 school
14year, the Foundation Level of support is $5,959.
15    (3) For the 2009-2010 school year and each school year
16thereafter, the Foundation Level of support is $6,119 or such
17greater amount as may be established by law by the General
18Assembly.
 
19(C) Average Daily Attendance.
20    (1) For purposes of calculating general State aid pursuant
21to subsection (E), an Average Daily Attendance figure shall be
22utilized. The Average Daily Attendance figure for formula
23calculation purposes shall be the monthly average of the actual
24number of pupils in attendance of each school district, as
25further averaged for the best 3 months of pupil attendance for

 

 

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

 

 

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1    (2) In determining a school district's revenue from local
2property taxes, the State Board of Education shall utilize the
3equalized assessed valuation of all taxable property of each
4school district as of September 30 of the previous year. The
5equalized assessed valuation utilized shall be obtained and
6determined as provided in subsection (G).
7    (3) For school districts maintaining grades kindergarten
8through 12, local property tax revenues per pupil shall be
9calculated as the product of the applicable equalized assessed
10valuation for the district multiplied by 3.00%, and divided by
11the district's Average Daily Attendance figure. For school
12districts maintaining grades kindergarten through 8, local
13property tax revenues per pupil shall be calculated as the
14product of the applicable equalized assessed valuation for the
15district multiplied by 2.30%, and divided by the district's
16Average Daily Attendance figure. For school districts
17maintaining grades 9 through 12, local property tax revenues
18per pupil shall be the applicable equalized assessed valuation
19of the district multiplied by 1.05%, and divided by the
20district's Average Daily Attendance figure.
21    For partial elementary unit districts created pursuant to
22Article 11E of this Code, local property tax revenues per pupil
23shall be calculated as the product of the equalized assessed
24valuation for property within the partial elementary unit
25district for elementary purposes, as defined in Article 11E of
26this Code, multiplied by 2.06% and divided by the district's

 

 

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1Average Daily Attendance figure, plus the product of the
2equalized assessed valuation for property within the partial
3elementary unit district for high school purposes, as defined
4in Article 11E of this Code, multiplied by 0.94% and divided by
5the district's Average Daily Attendance figure.
6    (4) The Corporate Personal Property Replacement Taxes paid
7to each school district during the calendar year one year
8before the calendar year in which a school year begins, divided
9by the Average Daily Attendance figure for that district, shall
10be added to the local property tax revenues per pupil as
11derived by the application of the immediately preceding
12paragraph (3). The sum of these per pupil figures for each
13school district shall constitute Available Local Resources as
14that term is utilized in subsection (E) in the calculation of
15general State aid.
 
16(E) Computation of General State Aid.
17    (1) For each school year, the amount of general State aid
18allotted to a school district shall be computed by the State
19Board of Education as provided in this subsection.
20    (2) For any school district for which Available Local
21Resources per pupil is less than the product of 0.93 times the
22Foundation Level, general State aid for that district shall be
23calculated as an amount equal to the Foundation Level minus
24Available Local Resources, multiplied by the Average Daily
25Attendance of the school district.

 

 

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1    (3) For any school district for which Available Local
2Resources per pupil is equal to or greater than the product of
30.93 times the Foundation Level and less than the product of
41.75 times the Foundation Level, the general State aid per
5pupil shall be a decimal proportion of the Foundation Level
6derived using a linear algorithm. Under this linear algorithm,
7the calculated general State aid per pupil shall decline in
8direct linear fashion from 0.07 times the Foundation Level for
9a school district with Available Local Resources equal to the
10product of 0.93 times the Foundation Level, to 0.05 times the
11Foundation Level for a school district with Available Local
12Resources equal to the product of 1.75 times the Foundation
13Level. The allocation of general State aid for school districts
14subject to this paragraph 3 shall be the calculated general
15State aid per pupil figure multiplied by the Average Daily
16Attendance of the school district.
17    (4) For any school district for which Available Local
18Resources per pupil equals or exceeds the product of 1.75 times
19the Foundation Level, the general State aid for the school
20district shall be calculated as the product of $218 multiplied
21by the Average Daily Attendance of the school district.
22    (5) The amount of general State aid allocated to a school
23district for the 1999-2000 school year meeting the requirements
24set forth in paragraph (4) of subsection (G) shall be increased
25by an amount equal to the general State aid that would have
26been received by the district for the 1998-1999 school year by

 

 

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1utilizing the Extension Limitation Equalized Assessed
2Valuation as calculated in paragraph (4) of subsection (G) less
3the general State aid allotted for the 1998-1999 school year.
4This amount shall be deemed a one time increase, and shall not
5affect any future general State aid allocations.
 
6(F) Compilation of Average Daily Attendance.
7    (1) Each school district shall, by July 1 of each year,
8submit to the State Board of Education, on forms prescribed by
9the State Board of Education, attendance figures for the school
10year that began in the preceding calendar year. The attendance
11information so transmitted shall identify the average daily
12attendance figures for each month of the school year. Beginning
13with the general State aid claim form for the 2002-2003 school
14year, districts shall calculate Average Daily Attendance as
15provided in subdivisions (a), (b), and (c) of this paragraph
16(1).
17        (a) In districts that do not hold year-round classes,
18    days of attendance in August shall be added to the month of
19    September and any days of attendance in June shall be added
20    to the month of May.
21        (b) In districts in which all buildings hold year-round
22    classes, days of attendance in July and August shall be
23    added to the month of September and any days of attendance
24    in June shall be added to the month of May.
25        (c) In districts in which some buildings, but not all,

 

 

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1    hold year-round classes, for the non-year-round buildings,
2    days of attendance in August shall be added to the month of
3    September and any days of attendance in June shall be added
4    to the month of May. The average daily attendance for the
5    year-round buildings shall be computed as provided in
6    subdivision (b) of this paragraph (1). To calculate the
7    Average Daily Attendance for the district, the average
8    daily attendance for the year-round buildings shall be
9    multiplied by the days in session for the non-year-round
10    buildings for each month and added to the monthly
11    attendance of the non-year-round buildings.
12    Except as otherwise provided in this Section, days of
13attendance by pupils shall be counted only for sessions of not
14less than 5 clock hours of school work per day under direct
15supervision of: (i) teachers, or (ii) non-teaching personnel or
16volunteer personnel when engaging in non-teaching duties and
17supervising in those instances specified in subsection (a) of
18Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
19of legal school age and in kindergarten and grades 1 through
2012. Days of attendance by pupils through verified participation
21in an e-learning program approved by the State Board of
22Education under Section 10-20.56 of the Code shall be
23considered as full days of attendance for purposes of this
24Section.
25    Days of attendance by tuition pupils shall be accredited
26only to the districts that pay the tuition to a recognized

 

 

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1school.
2    (2) Days of attendance by pupils of less than 5 clock hours
3of school shall be subject to the following provisions in the
4compilation 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 assessment that includes a
26    college and career ready determination is administered

 

 

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1    under subsection (c) of Section 2-3.64a-5 of this Code, the
2    day of attendance for a pupil whose school day must be
3    shortened to accommodate required testing procedures may
4    be less than 5 clock hours and shall be counted towards the
5    176 days of actual pupil attendance required under Section
6    10-19 of this Code, provided that a sufficient number of
7    minutes of school work in excess of 5 clock hours are first
8    completed on other school days to compensate for the loss
9    of school work on 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.

 

 

09900HB4227ham001- 21 -LRB099 12722 NHT 47321 a

1    (1) For purposes of the calculation of Available Local
2Resources required pursuant to subsection (D), the State Board
3of Education shall secure from the Department of Revenue the
4value as equalized or assessed by the Department of Revenue of
5all taxable property of every school district, together with
6(i) the applicable tax rate used in extending taxes for the
7funds of the district as of September 30 of the previous year
8and (ii) the limiting rate for all school districts subject to
9property tax extension limitations as imposed under the
10Property Tax Extension Limitation Law.
11    The Department of Revenue shall add to the equalized
12assessed value of all taxable property of each school district
13situated entirely or partially within a county that is or was
14subject to the provisions of Section 15-176 or 15-177 of the
15Property Tax Code (a) an amount equal to the total amount by
16which the homestead exemption allowed under Section 15-176 or
1715-177 of the Property Tax Code for real property situated in
18that school district exceeds the total amount that would have
19been allowed in that school district if the maximum reduction
20under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
21all other counties in tax year 2003 or (ii) $5,000 in all
22counties in tax year 2004 and thereafter and (b) an amount
23equal to the aggregate amount for the taxable year of all
24additional exemptions under Section 15-175 of the Property Tax
25Code for owners with a household income of $30,000 or less. The
26county clerk of any county that is or was subject to the

 

 

09900HB4227ham001- 22 -LRB099 12722 NHT 47321 a

1provisions of Section 15-176 or 15-177 of the Property Tax Code
2shall annually calculate and certify to the Department of
3Revenue for each school district all homestead exemption
4amounts under Section 15-176 or 15-177 of the Property Tax Code
5and all amounts of additional exemptions under Section 15-175
6of 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
8general homestead exemption for a parcel of property is
9determined under Section 15-176 or 15-177 of the Property Tax
10Code rather than Section 15-175, then the calculation of
11Available Local Resources shall not be affected by the
12difference, if any, between the amount of the general homestead
13exemption allowed for that parcel of property under Section
1415-176 or 15-177 of the Property Tax Code and the amount that
15would have been allowed had the general homestead exemption for
16that parcel of property been determined under Section 15-175 of
17the Property Tax Code. It is further the intent of this
18paragraph that if additional exemptions are allowed under
19Section 15-175 of the Property Tax Code for owners with a
20household income of less than $30,000, then the calculation of
21Available Local Resources shall not be affected by the
22difference, if any, because of those additional exemptions.
23    This equalized assessed valuation, as adjusted further by
24the requirements of this subsection, shall be utilized in the
25calculation of Available Local Resources.
26    (2) The equalized assessed valuation in paragraph (1) shall

 

 

09900HB4227ham001- 23 -LRB099 12722 NHT 47321 a

1be 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

 

 

09900HB4227ham001- 24 -LRB099 12722 NHT 47321 a

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
14thereafter, if a school district meets all of the criteria of
15this subsection (G)(3), the school district's Available Local
16Resources shall be calculated under subsection (D) using the
17district's Extension Limitation Equalized Assessed Valuation
18as calculated under this subsection (G)(3).
19    For purposes of this subsection (G)(3) the following terms
20shall 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.

 

 

09900HB4227ham001- 25 -LRB099 12722 NHT 47321 a

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
17limitations as imposed under the Property Tax Extension
18Limitation Law, the State Board of Education shall calculate
19the Extension Limitation Equalized Assessed Valuation of that
20district. For the 1999-2000 school year, the Extension
21Limitation Equalized Assessed Valuation of a school district as
22calculated by the State Board of Education shall be equal to
23the product of the district's 1996 Equalized Assessed Valuation
24and the district's Extension Limitation Ratio. Except as
25otherwise provided in this paragraph for a school district that
26has approved or does approve an increase in its limiting rate,

 

 

09900HB4227ham001- 26 -LRB099 12722 NHT 47321 a

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

 

 

09900HB4227ham001- 27 -LRB099 12722 NHT 47321 a

1Valuation of new property, annexed property, and recovered tax
2increment value and minus the Equalized Assessed Valuation of
3disconnected property. New property and recovered tax
4increment value shall have the meanings set forth in the
5Property Tax Extension Limitation Law.
6    Partial elementary unit districts created in accordance
7with Article 11E of this Code shall not be eligible for the
8adjustment in this subsection (G)(3) until the fifth year
9following the effective date of the reorganization.
10    (3.5) For the 2010-2011 school year and each school year
11thereafter, if a school district's boundaries span multiple
12counties, then the Department of Revenue shall send to the
13State Board of Education, for the purpose of calculating
14general State aid, the limiting rate and individual rates by
15purpose for the county that contains the majority of the school
16district's Equalized Assessed Valuation.
17    (4) For the purposes of calculating general State aid for
18the 1999-2000 school year only, if a school district
19experienced a triennial reassessment on the equalized assessed
20valuation used in calculating its general State financial aid
21apportionment for the 1998-1999 school year, the State Board of
22Education shall calculate the Extension Limitation Equalized
23Assessed Valuation that would have been used to calculate the
24district's 1998-1999 general State aid. This amount shall equal
25the product of the equalized assessed valuation used to
26calculate general State aid for the 1997-1998 school year and

 

 

09900HB4227ham001- 28 -LRB099 12722 NHT 47321 a

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

 

 

09900HB4227ham001- 29 -LRB099 12722 NHT 47321 a

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

 

 

09900HB4227ham001- 30 -LRB099 12722 NHT 47321 a

1eligible pupil count of a majority of the elementary school
2districts in excess of 50% from the 2 most recent federal
3censuses, then the high school district's low-income eligible
4pupil count from the earlier federal census shall be the number
5used as the low-income eligible pupil count for the high school
6district, for purposes of this subsection (H). The changes made
7to this paragraph (1) by Public Act 92-28 shall apply to
8supplemental general State aid grants for school years
9preceding the 2003-2004 school year that are paid in fiscal
10year 1999 or thereafter and to any State aid payments made in
11fiscal year 1994 through fiscal year 1998 pursuant to
12subsection 1(n) of Section 18-8 of this Code (which was
13repealed on July 1, 1998), and any high school district that is
14affected by Public Act 92-28 is entitled to a recomputation of
15its supplemental general State aid grant or State aid paid in
16any of those fiscal years. This recomputation shall not be
17affected by any other funding.
18    (1.10) This paragraph (1.10) applies to the 2003-2004
19school year and each school year thereafter. For purposes of
20this subsection (H), the term "Low-Income Concentration Level"
21shall, for each fiscal year, be the low-income eligible pupil
22count as of July 1 of the immediately preceding fiscal year (as
23determined by the Department of Human Services based on the
24number of pupils who are eligible for at least one of the
25following low income programs: Medicaid, the Children's Health
26Insurance Program, TANF, or Food Stamps, excluding pupils who

 

 

09900HB4227ham001- 31 -LRB099 12722 NHT 47321 a

1are eligible for services provided by the Department of
2Children and Family Services, averaged over the 2 immediately
3preceding fiscal years for fiscal year 2004 and over the 3
4immediately preceding fiscal years for each fiscal year
5thereafter) divided by the Average Daily Attendance of the
6school district.
7    (2) Supplemental general State aid pursuant to this
8subsection (H) shall be provided as follows for the 1998-1999,
91999-2000, 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

 

 

09900HB4227ham001- 32 -LRB099 12722 NHT 47321 a

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
9subsection (H) shall be provided as follows for the 2002-2003
10school 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.

 

 

09900HB4227ham001- 33 -LRB099 12722 NHT 47321 a

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
10State aid pursuant to this subsection (H) shall be provided as
11follows for the 2003-2004 school year and each school year
12thereafter:
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
23thereafter through the 2008-2009 school year only, the grant
24shall be no less than the grant for the 2002-2003 school year.
25For the 2009-2010 school year only, the grant shall be no less
26than the grant for the 2002-2003 school year multiplied by

 

 

09900HB4227ham001- 34 -LRB099 12722 NHT 47321 a

10.66. For the 2010-2011 school year only, the grant shall be no
2less than the grant for the 2002-2003 school year multiplied by
30.33. Notwithstanding the provisions of this paragraph to the
4contrary, if for any school year supplemental general State aid
5grants are prorated as provided in paragraph (1) of this
6subsection (H), then the grants under this paragraph shall be
7prorated.
8    For the 2003-2004 school year only, the grant shall be no
9greater than the grant received during the 2002-2003 school
10year added to the product of 0.25 multiplied by the difference
11between the grant amount calculated under subsection (a) or (b)
12of this paragraph (2.10), whichever is applicable, and the
13grant received during the 2002-2003 school year. For the
142004-2005 school year only, the grant shall be no greater than
15the grant received during the 2002-2003 school year added to
16the product of 0.50 multiplied by the difference between the
17grant amount calculated under subsection (a) or (b) of this
18paragraph (2.10), whichever is applicable, and the grant
19received during the 2002-2003 school year. For the 2005-2006
20school year only, the grant shall be no greater than the grant
21received during the 2002-2003 school year added to the product
22of 0.75 multiplied by the difference between the grant amount
23calculated under subsection (a) or (b) of this paragraph
24(2.10), whichever is applicable, and the grant received during
25the 2002-2003 school year.
26    (3) School districts with an Average Daily Attendance of

 

 

09900HB4227ham001- 35 -LRB099 12722 NHT 47321 a

1more than 1,000 and less than 50,000 that qualify for
2supplemental general State aid pursuant to this subsection
3shall submit a plan to the State Board of Education prior to
4October 30 of each year for the use of the funds resulting from
5this grant of supplemental general State aid for the
6improvement of instruction in which priority is given to
7meeting the education needs of disadvantaged children. Such
8plan shall be submitted in accordance with rules and
9regulations promulgated by the State Board of Education.
10    (4) School districts with an Average Daily Attendance of
1150,000 or more that qualify for supplemental general State aid
12pursuant to this subsection shall be required to distribute
13from 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

 

 

09900HB4227ham001- 36 -LRB099 12722 NHT 47321 a

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

 

 

09900HB4227ham001- 37 -LRB099 12722 NHT 47321 a

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

 

 

09900HB4227ham001- 38 -LRB099 12722 NHT 47321 a

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.

 

 

09900HB4227ham001- 39 -LRB099 12722 NHT 47321 a

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
11of a public university that operates a laboratory school under
12this Section or to any alternative school that is operated by a
13regional superintendent of schools, the State Board of
14Education shall require by rule such reporting requirements as
15it deems necessary.
16    As used in this Section, "laboratory school" means a public
17school which is created and operated by a public university and
18approved by the State Board of Education. The governing board
19of a public university which receives funds from the State
20Board under this subsection (K) may not increase the number of
21students enrolled in its laboratory school from a single
22district, if that district is already sending 50 or more
23students, except under a mutual agreement between the school

 

 

09900HB4227ham001- 40 -LRB099 12722 NHT 47321 a

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

 

 

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

 

 

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

 

 

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

 

 

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1which incorporates the basic education expenditures of
2low-spending schools exhibiting high academic performance. The
3Education Funding Advisory Board shall make such
4recommendations to the General Assembly on January 1 of odd
5numbered years, beginning January 1, 2001.
 
6(N) (Blank).
 
7(O) References.
8    (1) References in other laws to the various subdivisions of
9Section 18-8 as that Section existed before its repeal and
10replacement by this Section 18-8.05 shall be deemed to refer to
11the corresponding provisions of this Section 18-8.05, to the
12extent that those references remain applicable.
13    (2) References in other laws to State Chapter 1 funds shall
14be deemed to refer to the supplemental general State aid
15provided under subsection (H) of this Section.
 
16(P) Public Act 93-838 and Public Act 93-808 make inconsistent
17changes to this Section. Under Section 6 of the Statute on
18Statutes there is an irreconcilable conflict between Public Act
1993-808 and Public Act 93-838. Public Act 93-838, being the last
20acted upon, is controlling. The text of Public Act 93-838 is
21the law regardless of the text of Public Act 93-808.
 
22(Q) State Fiscal Year 2015 Payments.

 

 

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1    For payments made for State fiscal year 2015, the State
2Board of Education shall, for each school district, calculate
3that district's pro-rata share of a minimum sum of $13,600,000
4or additional amounts as needed from the total net General
5State Aid funding as calculated under this Section that shall
6be deemed attributable to the provision of special educational
7facilities and services, as defined in Section 14-1.08 of this
8Code, in a manner that ensures compliance with maintenance of
9State financial support requirements under the federal
10Individuals with Disabilities Education Act. Each school
11district must use such funds only for the provision of special
12educational facilities and services, as defined in Section
1314-1.08 of this Code, and must comply with any expenditure
14verification procedures adopted by the State Board of
15Education.
16(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
17eff. 7-30-15.)
 
18    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
19    Sec. 18-12. Dates for filing State aid claims. The school
20board of each school district shall require teachers,
21principals, or superintendents to furnish from records kept by
22them such data as it needs in preparing and certifying to the
23regional superintendent its school district report of claims
24provided in Sections 18-8.05 through 18-9 as required by the
25State Superintendent of Education. The district claim shall be

 

 

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1based on the latest available equalized assessed valuation and
2tax rates, as provided in Section 18-8.05 and shall use the
3average daily attendance as determined by the method outlined
4in Section 18-8.05 and shall be certified and filed with the
5regional superintendent by June 21 for districts with an
6official school calendar end date before June 15 or within 2
7weeks following the official school calendar end date for
8districts with a school year end date of June 15 or later. The
9regional superintendent shall certify and file with the State
10Superintendent of Education district State aid claims by July 1
11for districts with an official school calendar end date before
12June 15 or no later than July 15 for districts with an official
13school calendar end date of June 15 or later. Failure to so
14file by these deadlines constitutes a forfeiture of the right
15to receive payment by the State until such claim is filed and
16vouchered for payment. The regional superintendent of schools
17shall certify the county report of claims by July 15; and the
18State Superintendent of Education shall voucher for payment
19those claims to the State Comptroller as provided in Section
2018-11.
21    Except as otherwise provided in this Section, if any school
22district fails to provide the minimum school term specified in
23Section 10-19, the State aid claim for that year shall be
24reduced by the State Superintendent of Education in an amount
25equivalent to 1/176 or .56818% if 176 days of actual pupil
26attendance is required or 1/181 or 0.55249% if 181 days of

 

 

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1actual pupil attendance is required for each day less than the
2number of days required by this Code.
3    If the State Superintendent of Education determines that
4the failure to provide the minimum school term was occasioned
5by an act or acts of God, or was occasioned by conditions
6beyond the control of the school district which posed a
7hazardous threat to the health and safety of pupils, the State
8aid claim need not be reduced.
9    If a school district is precluded from providing the
10minimum hours of instruction required for a full day of
11attendance due to an adverse weather condition or a condition
12beyond the control of the school district that poses a
13hazardous threat to the health and safety of students, then the
14partial day of attendance may be counted if (i) the school
15district has provided at least one hour of instruction prior to
16the closure of the school district, (ii) a school building has
17provided at least one hour of instruction prior to the closure
18of the school building, or (iii) the normal start time of the
19school district is delayed.
20    If, prior to providing any instruction, a school district
21must close one or more but not all school buildings after
22consultation with a local emergency response agency or due to a
23condition beyond the control of the school district, then the
24school district may claim attendance for up to 2 school days
25based on the average attendance of the 3 school days
26immediately preceding the closure of the affected school

 

 

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1building or, if approved by the State Board of Education,
2utilize the provisions of an e-learning program for the
3affected school building as prescribed in Section 10-20.56 of
4this Code. The partial or no day of attendance described in
5this Section and the reasons therefore shall be certified
6within a month of the closing or delayed start by the school
7district superintendent to the regional superintendent of
8schools for forwarding to the State Superintendent of Education
9for approval.
10    Other than the utilization of any e-learning days as
11prescribed in Section 10-20.56 of this Code, no exception to
12the requirement of providing a minimum school term may be
13approved by the State Superintendent of Education pursuant to
14this Section unless a school district has first used all
15emergency days provided for in its regular calendar.
16    If the State Superintendent of Education declares that an
17energy shortage exists during any part of the school year for
18the State or a designated portion of the State, a district may
19operate the school attendance centers within the district 4
20days of the week during the time of the shortage by extending
21each existing school day by one clock hour of school work, and
22the State aid claim shall not be reduced, nor shall the
23employees of that district suffer any reduction in salary or
24benefits as a result thereof. A district may operate all
25attendance centers on this revised schedule, or may apply the
26schedule to selected attendance centers, taking into

 

 

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1consideration such factors as pupil transportation schedules
2and patterns and sources of energy for individual attendance
3centers.
4    Electronically submitted State aid claims shall be
5submitted by duly authorized district or regional individuals
6over a secure network that is password protected. The
7electronic submission of a State aid claim must be accompanied
8with an affirmation that all of the provisions of Sections
918-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
10all respects.
11(Source: P.A. 99-194, eff. 7-30-15.)".