SB1628 EngrossedLRB099 08643 NHT 28808 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
518-8.05 as follows:
 
6    (105 ILCS 5/18-8.05)
7    Sec. 18-8.05. Basis for apportionment of general State
8financial aid and supplemental general State aid to the common
9schools for the 1998-1999 and subsequent school years.
 
10(A) General Provisions.
11    (1) The provisions of this Section apply to the 1998-1999
12and subsequent school years. The system of general State
13financial aid provided for in this Section is designed to
14assure that, through a combination of State financial aid and
15required local resources, the financial support provided each
16pupil in Average Daily Attendance equals or exceeds a
17prescribed per pupil Foundation Level. This formula approach
18imputes a level of per pupil Available Local Resources and
19provides for the basis to calculate a per pupil level of
20general State financial aid that, when added to Available Local
21Resources, equals or exceeds the Foundation Level. The amount
22of per pupil general State financial aid for school districts,

 

 

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1in general, varies in inverse relation to Available Local
2Resources. Per pupil amounts are based upon each school
3district's Average Daily Attendance as that term is defined in
4this Section.
5    (2) In addition to general State financial aid, school
6districts with specified levels or concentrations of pupils
7from low income households are eligible to receive supplemental
8general State financial aid grants as provided pursuant to
9subsection (H). The supplemental State aid grants provided for
10school districts under subsection (H) shall be appropriated for
11distribution to school districts as part of the same line item
12in which the general State financial aid of school districts is
13appropriated under this Section.
14    (3) To receive financial assistance under this Section,
15school districts are required to file claims with the State
16Board 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
17board of any district receiving any of the grants provided for
18in this Section may apply those funds to any fund so received
19for which that board is authorized to make expenditures by law.
20    School districts are not required to exert a minimum
21Operating Tax Rate in order to qualify for assistance under
22this Section.
23    (5) As used in this Section the following terms, when
24capitalized, 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
22State representing the minimum level of per pupil financial
23support that should be available to provide for the basic
24education of each pupil in Average Daily Attendance. As set
25forth in this Section, each school district is assumed to exert

 

 

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1a sufficient local taxing effort such that, in combination with
2the aggregate of general State financial aid provided the
3district, an aggregate of State and local resources are
4available to meet the basic education needs of pupils in the
5district.
6    (2) For the 1998-1999 school year, the Foundation Level of
7support is $4,225. For the 1999-2000 school year, the
8Foundation Level of support is $4,325. For the 2000-2001 school
9year, the Foundation Level of support is $4,425. For the
102001-2002 school year and 2002-2003 school year, the Foundation
11Level of support is $4,560. For the 2003-2004 school year, the
12Foundation Level of support is $4,810. For the 2004-2005 school
13year, the Foundation Level of support is $4,964. For the
142005-2006 school year, the Foundation Level of support is
15$5,164. For the 2006-2007 school year, the Foundation Level of
16support is $5,334. For the 2007-2008 school year, the
17Foundation Level of support is $5,734. For the 2008-2009 school
18year, the Foundation Level of support is $5,959.
19    (3) For the 2009-2010 school year and each school year
20thereafter, the Foundation Level of support is $6,119 or such
21greater amount as may be established by law by the General
22Assembly.
 
23(C) Average Daily Attendance.
24    (1) For purposes of calculating general State aid pursuant
25to subsection (E), an Average Daily Attendance figure shall be

 

 

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1utilized. The Average Daily Attendance figure for formula
2calculation purposes shall be the monthly average of the actual
3number of pupils in attendance of each school district, as
4further averaged for the best 3 months of pupil attendance for
5each school district. However, if a disaster occurs in any
6portion of the territory of a school district and that disaster
7affects the district's pupil attendance, as certified to the
8State Board of Education by the Director of the Illinois
9Emergency Management Agency, the Average Daily Attendance
10figure for formula calculation purposes must be no less than
11the following:
12        (1) If the disaster occurred a month or more after the
13    start of the school year, then the Average Daily Attendance
14    figure must be no less than the best month of pupil
15    attendance for that school year before the disaster
16    occurred. This minimum Average Daily Attendance figure
17    shall apply to the school year in which the disaster
18    occurred and the 4 school years immediately following.
19        (2) If the disaster occurred before the start of the
20    school year or before the completion of one month of the
21    school year, then the Average Daily Attendance figure must
22    be no less than the best month of pupil attendance during
23    the immediately preceding school year. This minimum
24    Average Daily Attendance figure shall apply to the 5 school
25    years immediately following the disaster, including, if
26    applicable, the school year with less than a month

 

 

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1    completed before the disaster occurred.
2    In compiling the figures for the number of pupils in
3attendance, school districts and the State Board of Education
4shall, for purposes of general State aid funding, conform
5attendance figures to the requirements of subsection (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.
21    Days of attendance by tuition pupils shall be accredited
22only to the districts that pay the tuition to a recognized
23school.
24    (2) Days of attendance by pupils of less than 5 clock hours
25of school shall be subject to the following provisions in the
26compilation of Average Daily Attendance.

 

 

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1        (a) Pupils regularly enrolled in a public school for
2    only a part of the school day may be counted on the basis
3    of 1/6 day for every class hour of instruction of 40
4    minutes or more attended pursuant to such enrollment,
5    unless a pupil is enrolled in a block-schedule format of 80
6    minutes or more of instruction, in which case the pupil may
7    be counted on the basis of the proportion of minutes of
8    school work completed each day to the minimum number of
9    minutes that school work is required to be held that day.
10        (b) (Blank).
11        (c) A session of 4 or more clock hours may be counted
12    as a day of attendance upon certification by the regional
13    superintendent, and approved by the State Superintendent
14    of Education to the extent that the district has been
15    forced to use daily multiple sessions.
16        (d) A session of 3 or more clock hours may be counted
17    as a day of attendance (1) when the remainder of the school
18    day or at least 2 hours in the evening of that day is
19    utilized for an in-service training program for teachers,
20    up to a maximum of 5 days per school year, provided a
21    district conducts an in-service training program for
22    teachers in accordance with Section 10-22.39 of this Code;
23    or, in lieu of 4 such days, 2 full days may be used, in
24    which event each such day may be counted as a day required
25    for a legal school calendar pursuant to Section 10-19 of
26    this Code; (1.5) when, of the 5 days allowed under item

 

 

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1    (1), a maximum of 4 days are used for parent-teacher
2    conferences, or, in lieu of 4 such days, 2 full days are
3    used, in which case each such day may be counted as a
4    calendar day required under Section 10-19 of this Code,
5    provided that the full-day, parent-teacher conference
6    consists of (i) a minimum of 5 clock hours of
7    parent-teacher conferences, (ii) both a minimum of 2 clock
8    hours of parent-teacher conferences held in the evening
9    following a full day of student attendance, as specified in
10    subsection (F)(1)(c), and a minimum of 3 clock hours of
11    parent-teacher conferences held on the day immediately
12    following evening parent-teacher conferences, or (iii)
13    multiple parent-teacher conferences held in the evenings
14    following full days of student attendance, as specified in
15    subsection (F)(1)(c), in which the time used for the
16    parent-teacher conferences is equivalent to a minimum of 5
17    clock hours; and (2) when days in addition to those
18    provided in items (1) and (1.5) are scheduled by a school
19    pursuant to its school improvement plan adopted under
20    Article 34 or its revised or amended school improvement
21    plan adopted under Article 2, provided that (i) such
22    sessions of 3 or more clock hours are scheduled to occur at
23    regular intervals, (ii) the remainder of the school days in
24    which such sessions occur are utilized for in-service
25    training programs or other staff development activities
26    for teachers, and (iii) a sufficient number of minutes of

 

 

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

 

 

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

 

 

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1    176 days of actual pupil attendance required under Section
2    10-19 of this Code, provided that a sufficient number of
3    minutes of school work in excess of 5 clock hours are first
4    completed on other school days to compensate for the loss
5    of school work on the examination days.
6        (j) Pupils enrolled in a remote educational program
7    established under Section 10-29 of this Code may be counted
8    on the basis of one-fifth day of attendance for every clock
9    hour of instruction attended in the remote educational
10    program, provided that, in any month, the school district
11    may not claim for a student enrolled in a remote
12    educational program more days of attendance than the
13    maximum number of days of attendance the district can claim
14    (i) for students enrolled in a building holding year-round
15    classes if the student is classified as participating in
16    the remote educational program on a year-round schedule or
17    (ii) for students enrolled in a building not holding
18    year-round classes if the student is not classified as
19    participating in the remote educational program on a
20    year-round schedule.
 
21(G) Equalized Assessed Valuation Data.
22    (1) For purposes of the calculation of Available Local
23Resources required pursuant to subsection (D), the State Board
24of Education shall secure from the Department of Revenue the
25value as equalized or assessed by the Department of Revenue of

 

 

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1all taxable property of every school district, together with
2(i) the applicable tax rate used in extending taxes for the
3funds of the district as of September 30 of the previous year
4and (ii) the limiting rate for all school districts subject to
5property tax extension limitations as imposed under the
6Property Tax Extension Limitation Law.
7    The Department of Revenue shall add to the equalized
8assessed value of all taxable property of each school district
9situated entirely or partially within a county that is or was
10subject to the provisions of Section 15-176 or 15-177 of the
11Property Tax Code (a) an amount equal to the total amount by
12which the homestead exemption allowed under Section 15-176 or
1315-177 of the Property Tax Code for real property situated in
14that school district exceeds the total amount that would have
15been allowed in that school district if the maximum reduction
16under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
17all other counties in tax year 2003 or (ii) $5,000 in all
18counties in tax year 2004 and thereafter and (b) an amount
19equal to the aggregate amount for the taxable year of all
20additional exemptions under Section 15-175 of the Property Tax
21Code for owners with a household income of $30,000 or less. The
22county clerk of any county that is or was subject to the
23provisions of Section 15-176 or 15-177 of the Property Tax Code
24shall annually calculate and certify to the Department of
25Revenue for each school district all homestead exemption
26amounts under Section 15-176 or 15-177 of the Property Tax Code

 

 

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1and all amounts of additional exemptions under Section 15-175
2of the Property Tax Code for owners with a household income of
3$30,000 or less. It is the intent of this paragraph that if the
4general homestead exemption for a parcel of property is
5determined under Section 15-176 or 15-177 of the Property Tax
6Code rather than Section 15-175, then the calculation of
7Available Local Resources shall not be affected by the
8difference, if any, between the amount of the general homestead
9exemption allowed for that parcel of property under Section
1015-176 or 15-177 of the Property Tax Code and the amount that
11would have been allowed had the general homestead exemption for
12that parcel of property been determined under Section 15-175 of
13the Property Tax Code. It is further the intent of this
14paragraph that if additional exemptions are allowed under
15Section 15-175 of the Property Tax Code for owners with a
16household income of less than $30,000, then the calculation of
17Available Local Resources shall not be affected by the
18difference, if any, because of those additional exemptions.
19    This equalized assessed valuation, as adjusted further by
20the requirements of this subsection, shall be utilized in the
21calculation of Available Local Resources.
22    (2) The equalized assessed valuation in paragraph (1) shall
23be adjusted, as applicable, in the following manner:
24        (a) For the purposes of calculating State aid under
25    this Section, with respect to any part of a school district
26    within a redevelopment project area in respect to which a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1thereafter) divided by the Average Daily Attendance of the
2school district.
3    (2) Supplemental general State aid pursuant to this
4subsection (H) shall be provided as follows for the 1998-1999,
51999-2000, and 2000-2001 school years only:
6        (a) For any school district with a Low Income
7    Concentration Level of at least 20% and less than 35%, the
8    grant for any school year shall be $800 multiplied by the
9    low income eligible pupil count.
10        (b) For any school district with a Low Income
11    Concentration Level of at least 35% and less than 50%, the
12    grant for the 1998-1999 school year shall be $1,100
13    multiplied by the low income eligible pupil count.
14        (c) For any school district with a Low Income
15    Concentration Level of at least 50% and less than 60%, the
16    grant for the 1998-99 school year shall be $1,500
17    multiplied by the low income eligible pupil count.
18        (d) For any school district with a Low Income
19    Concentration Level of 60% or more, the grant for the
20    1998-99 school year shall be $1,900 multiplied by the low
21    income eligible pupil count.
22        (e) For the 1999-2000 school year, the per pupil amount
23    specified in subparagraphs (b), (c), and (d) immediately
24    above shall be increased to $1,243, $1,600, and $2,000,
25    respectively.
26        (f) For the 2000-2001 school year, the per pupil

 

 

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

 

 

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

 

 

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1grants are prorated as provided in paragraph (1) of this
2subsection (H), then the grants under this paragraph shall be
3prorated.
4    For the 2003-2004 school year only, the grant shall be no
5greater than the grant received during the 2002-2003 school
6year added to the product of 0.25 multiplied by the difference
7between the grant amount calculated under subsection (a) or (b)
8of this paragraph (2.10), whichever is applicable, and the
9grant received during the 2002-2003 school year. For the
102004-2005 school year only, the grant shall be no greater than
11the grant received during the 2002-2003 school year added to
12the product of 0.50 multiplied by the difference between the
13grant amount calculated under subsection (a) or (b) of this
14paragraph (2.10), whichever is applicable, and the grant
15received during the 2002-2003 school year. For the 2005-2006
16school year only, the grant shall be no greater than the grant
17received during the 2002-2003 school year added to the product
18of 0.75 multiplied by the difference between the grant amount
19calculated under subsection (a) or (b) of this paragraph
20(2.10), whichever is applicable, and the grant received during
21the 2002-2003 school year.
22    (3) School districts with an Average Daily Attendance of
23more than 1,000 and less than 50,000 that qualify for
24supplemental general State aid pursuant to this subsection
25shall submit a plan to the State Board of Education prior to
26October 30 of each year for the use of the funds resulting from

 

 

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1this grant of supplemental general State aid for the
2improvement of instruction in which priority is given to
3meeting the education needs of disadvantaged children. Such
4plan shall be submitted in accordance with rules and
5regulations promulgated by the State Board of Education.
6    (4) School districts with an Average Daily Attendance of
750,000 or more that qualify for supplemental general State aid
8pursuant to this subsection shall be required to distribute
9from funds available pursuant to this Section, no less than
10$261,000,000 in accordance with the following requirements:
11        (a) The required amounts shall be distributed to the
12    attendance centers within the district in proportion to the
13    number of pupils enrolled at each attendance center who are
14    eligible to receive free or reduced-price lunches or
15    breakfasts under the federal Child Nutrition Act of 1966
16    and under the National School Lunch Act during the
17    immediately preceding school year.
18        (b) The distribution of these portions of supplemental
19    and general State aid among attendance centers according to
20    these requirements shall not be compensated for or
21    contravened by adjustments of the total of other funds
22    appropriated to any attendance centers, and the Board of
23    Education shall utilize funding from one or several sources
24    in order to fully implement this provision annually prior
25    to the opening of school.
26        (c) Each attendance center shall be provided by the

 

 

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

 

 

SB1628 Engrossed- 34 -LRB099 08643 NHT 28808 b

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

 

 

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1    underfunded during the previous year in amounts equal to
2    such underfunding.
3        For purposes of determining compliance with this
4    subsection in relation to the requirements of attendance
5    center funding, each district subject to the provisions of
6    this subsection shall submit as a separate document by
7    December 1 of each year a report of expenditure data for
8    the prior year in addition to any modification of its
9    current plan. If it is determined that there has been a
10    failure to comply with the expenditure provisions of this
11    subsection regarding contravention or supplanting, the
12    State Superintendent of Education shall, within 60 days of
13    receipt of the report, notify the district and any affected
14    local school council. The district shall within 45 days of
15    receipt of that notification inform the State
16    Superintendent of Education of the remedial or corrective
17    action to be taken, whether by amendment of the current
18    plan, if feasible, or by adjustment in the plan for the
19    following year. Failure to provide the expenditure report
20    or the notification of remedial or corrective action in a
21    timely manner shall result in a withholding of the affected
22    funds.
23        The State Board of Education shall promulgate rules and
24    regulations to implement the provisions of this
25    subsection. No funds shall be released under this
26    subdivision (H)(4) to any district that has not submitted a

 

 

SB1628 Engrossed- 36 -LRB099 08643 NHT 28808 b

1    plan that has been approved by the State Board of
2    Education.
 
3(I) (Blank).
 
4(J) (Blank).
 
5(K) Grants to Laboratory and Alternative Schools.
6    In calculating the amount to be paid to the governing board
7of a public university that operates a laboratory school under
8this Section or to any alternative school that is operated by a
9regional superintendent of schools, the State Board of
10Education shall require by rule such reporting requirements as
11it deems necessary.
12    As used in this Section, "laboratory school" means a public
13school which is created and operated by a public university and
14approved by the State Board of Education. The governing board
15of a public university which receives funds from the State
16Board under this subsection (K) may not increase the number of
17students enrolled in its laboratory school from a single
18district, if that district is already sending 50 or more
19students, except under a mutual agreement between the school
20board of a student's district of residence and the university
21which operates the laboratory school. A laboratory school may
22not have more than 1,000 students, excluding students with
23disabilities in a special education program.

 

 

SB1628 Engrossed- 37 -LRB099 08643 NHT 28808 b

1    As used in this Section, "alternative school" means a
2public school which is created and operated by a Regional
3Superintendent of Schools and approved by the State Board of
4Education. Such alternative schools may offer courses of
5instruction for which credit is given in regular school
6programs, courses to prepare students for the high school
7equivalency testing program or vocational and occupational
8training. A regional superintendent of schools may contract
9with a school district or a public community college district
10to operate an alternative school. An alternative school serving
11more than one educational service region may be established by
12the regional superintendents of schools of the affected
13educational service regions. An alternative school serving
14more than one educational service region may be operated under
15such terms as the regional superintendents of schools of those
16educational service regions may agree.
17    Each laboratory and alternative school shall file, on forms
18provided by the State Superintendent of Education, an annual
19State aid claim which states the Average Daily Attendance of
20the school's students by month. The best 3 months' Average
21Daily Attendance shall be computed for each school. The general
22State aid entitlement shall be computed by multiplying the
23applicable Average Daily Attendance by the Foundation Level as
24determined under this Section.
 
25(L) Payments, Additional Grants in Aid and Other Requirements.

 

 

SB1628 Engrossed- 38 -LRB099 08643 NHT 28808 b

1    (1) For a school district operating under the financial
2supervision of an Authority created under Article 34A, the
3general State aid otherwise payable to that district under this
4Section, but not the supplemental general State aid, shall be
5reduced by an amount equal to the budget for the operations of
6the Authority as certified by the Authority to the State Board
7of Education, and an amount equal to such reduction shall be
8paid to the Authority created for such district for its
9operating expenses in the manner provided in Section 18-11. The
10remainder of general State school aid for any such district
11shall be paid in accordance with Article 34A when that Article
12provides for a disposition other than that provided by this
13Article.
14    (2) (Blank).
15    (3) Summer school. Summer school payments shall be made as
16provided in Section 18-4.3.
 
17(M) Education Funding Advisory Board.
18    The Education Funding Advisory Board, hereinafter in this
19subsection (M) referred to as the "Board", is hereby created.
20The Board shall consist of 5 members who are appointed by the
21Governor, by and with the advice and consent of the Senate. The
22members appointed shall include representatives of education,
23business, and the general public. One of the members so
24appointed shall be designated by the Governor at the time the
25appointment is made as the chairperson of the Board. The

 

 

SB1628 Engrossed- 39 -LRB099 08643 NHT 28808 b

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

 

 

SB1628 Engrossed- 40 -LRB099 08643 NHT 28808 b

1vacancies.
2    The Education Funding Advisory Board shall be deemed
3established, and the initial members appointed by the Governor
4to serve as members of the Board shall take office, on the date
5that the Governor makes his or her appointment of the fifth
6initial member of the Board, whether those initial members are
7then serving pursuant to appointment and confirmation or
8pursuant to temporary appointments that are made by the
9Governor as in the case of vacancies.
10    The State Board of Education shall provide such staff
11assistance to the Education Funding Advisory Board as is
12reasonably required for the proper performance by the Board of
13its responsibilities.
14    For school years after the 2000-2001 school year, the
15Education Funding Advisory Board, in consultation with the
16State Board of Education, shall make recommendations as
17provided in this subsection (M) to the General Assembly for the
18foundation level under subdivision (B)(3) of this Section and
19for the supplemental general State aid grant level under
20subsection (H) of this Section for districts with high
21concentrations of children from poverty. The recommended
22foundation level shall be determined based on a methodology
23which incorporates the basic education expenditures of
24low-spending schools exhibiting high academic performance. The
25Education Funding Advisory Board shall make such
26recommendations to the General Assembly on January 1 of odd

 

 

SB1628 Engrossed- 41 -LRB099 08643 NHT 28808 b

1numbered years, beginning January 1, 2001.
 
2(N) (Blank).
 
3(O) References.
4    (1) References in other laws to the various subdivisions of
5Section 18-8 as that Section existed before its repeal and
6replacement by this Section 18-8.05 shall be deemed to refer to
7the corresponding provisions of this Section 18-8.05, to the
8extent that those references remain applicable.
9    (2) References in other laws to State Chapter 1 funds shall
10be deemed to refer to the supplemental general State aid
11provided under subsection (H) of this Section.
 
12(P) Public Act 93-838 and Public Act 93-808 make inconsistent
13changes to this Section. Under Section 6 of the Statute on
14Statutes there is an irreconcilable conflict between Public Act
1593-808 and Public Act 93-838. Public Act 93-838, being the last
16acted upon, is controlling. The text of Public Act 93-838 is
17the law regardless of the text of Public Act 93-808.
18(Source: P.A. 97-339, eff. 8-12-11; 97-351, eff. 8-12-11;
1997-742, eff. 6-30-13; 97-813, eff. 7-13-12; 98-972, eff.
208-15-14.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.