Illinois General Assembly - Full Text of HB5417
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Full Text of HB5417  94th General Assembly

HB5417 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5417

 

Introduced 01/27/06, by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/18-8.05

    Amends the School Code. Makes a technical change in a Section concerning the State aid formula.


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A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 18-8.05 as follows:
 
6     (105 ILCS 5/18-8.05)
7     Sec. 18-8.05. Basis for apportionment of general State
8 financial aid and and supplemental general State aid to the
9 common schools for the 1998-1999 and subsequent school years.
 
10 (A) General Provisions.
11     (1) The provisions of this Section apply to the 1998-1999
12 and subsequent school years. The system of general State
13 financial aid provided for in this Section is designed to
14 assure that, through a combination of State financial aid and
15 required local resources, the financial support provided each
16 pupil in Average Daily Attendance equals or exceeds a
17 prescribed per pupil Foundation Level. This formula approach
18 imputes a level of per pupil Available Local Resources and
19 provides for the basis to calculate a per pupil level of
20 general State financial aid that, when added to Available Local
21 Resources, equals or exceeds the Foundation Level. The amount
22 of per pupil general State financial aid for school districts,
23 in general, varies in inverse relation to Available Local
24 Resources. Per pupil amounts are based upon each school
25 district's Average Daily Attendance as that term is defined in
26 this Section.
27     (2) In addition to general State financial aid, school
28 districts with specified levels or concentrations of pupils
29 from low income households are eligible to receive supplemental
30 general State financial aid grants as provided pursuant to
31 subsection (H). The supplemental State aid grants provided for

 

 

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1 school districts under subsection (H) shall be appropriated for
2 distribution to school districts as part of the same line item
3 in which the general State financial aid of school districts is
4 appropriated under this Section.
5     (3) To receive financial assistance under this Section,
6 school districts are required to file claims with the State
7 Board of Education, subject to the following requirements:
8         (a) Any school district which fails for any given
9     school year to maintain school as required by law, or to
10     maintain a recognized school is not eligible to file for
11     such school year any claim upon the Common School Fund. In
12     case of nonrecognition of one or more attendance centers in
13     a school district otherwise operating recognized schools,
14     the claim of the district shall be reduced in the
15     proportion which the Average Daily Attendance in the
16     attendance center or centers bear to the Average Daily
17     Attendance in the school district. A "recognized school"
18     means any public school which meets the standards as
19     established for recognition by the State Board of
20     Education. A school district or attendance center not
21     having recognition status at the end of a school term is
22     entitled to receive State aid payments due upon a legal
23     claim which was filed while it was recognized.
24         (b) School district claims filed under this Section are
25     subject to Sections 18-9, 18-10, and 18-12, except as
26     otherwise provided in this Section.
27         (c) If a school district operates a full year school
28     under Section 10-19.1, the general State aid to the school
29     district shall be determined by the State Board of
30     Education in accordance with this Section as near as may be
31     applicable.
32         (d) (Blank).
33     (4) Except as provided in subsections (H) and (L), the
34 board of any district receiving any of the grants provided for
35 in this Section may apply those funds to any fund so received
36 for which that board is authorized to make expenditures by law.

 

 

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1     School districts are not required to exert a minimum
2 Operating Tax Rate in order to qualify for assistance under
3 this Section.
4     (5) As used in this Section the following terms, when
5 capitalized, shall have the meaning ascribed herein:
6         (a) "Average Daily Attendance": A count of pupil
7     attendance in school, averaged as provided for in
8     subsection (C) and utilized in deriving per pupil financial
9     support levels.
10         (b) "Available Local Resources": A computation of
11     local financial support, calculated on the basis of Average
12     Daily Attendance and derived as provided pursuant to
13     subsection (D).
14         (c) "Corporate Personal Property Replacement Taxes":
15     Funds paid to local school districts pursuant to "An Act in
16     relation to the abolition of ad valorem personal property
17     tax and the replacement of revenues lost thereby, and
18     amending and repealing certain Acts and parts of Acts in
19     connection therewith", certified August 14, 1979, as
20     amended (Public Act 81-1st S.S.-1).
21         (d) "Foundation Level": A prescribed level of per pupil
22     financial support as provided for in subsection (B).
23         (e) "Operating Tax Rate": All school district property
24     taxes extended for all purposes, except Bond and Interest,
25     Summer School, Rent, Capital Improvement, and Vocational
26     Education Building purposes.
 
27 (B) Foundation Level.
28     (1) The Foundation Level is a figure established by the
29 State representing the minimum level of per pupil financial
30 support that should be available to provide for the basic
31 education of each pupil in Average Daily Attendance. As set
32 forth in this Section, each school district is assumed to exert
33 a sufficient local taxing effort such that, in combination with
34 the aggregate of general State financial aid provided the
35 district, an aggregate of State and local resources are

 

 

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1 available to meet the basic education needs of pupils in the
2 district.
3     (2) For the 1998-1999 school year, the Foundation Level of
4 support is $4,225. For the 1999-2000 school year, the
5 Foundation Level of support is $4,325. For the 2000-2001 school
6 year, the Foundation Level of support is $4,425. For the
7 2001-2002 school year and 2002-2003 school year, the Foundation
8 Level of support is $4,560. For the 2003-2004 school year, the
9 Foundation Level of support is $4,810. For the 2004-2005 school
10 year, the Foundation Level of support is $4,964.
11     (3) For the 2005-2006 school year and each school year
12 thereafter, the Foundation Level of support is $5,164 or such
13 greater amount as may be established by law by the General
14 Assembly.
 
15 (C) Average Daily Attendance.
16     (1) For purposes of calculating general State aid pursuant
17 to subsection (E), an Average Daily Attendance figure shall be
18 utilized. The Average Daily Attendance figure for formula
19 calculation purposes shall be the monthly average of the actual
20 number of pupils in attendance of each school district, as
21 further averaged for the best 3 months of pupil attendance for
22 each school district. In compiling the figures for the number
23 of pupils in attendance, school districts and the State Board
24 of Education shall, for purposes of general State aid funding,
25 conform attendance figures to the requirements of subsection
26 (F).
27     (2) The Average Daily Attendance figures utilized in
28 subsection (E) shall be the requisite attendance data for the
29 school year immediately preceding the school year for which
30 general State aid is being calculated or the average of the
31 attendance data for the 3 preceding school years, whichever is
32 greater. The Average Daily Attendance figures utilized in
33 subsection (H) shall be the requisite attendance data for the
34 school year immediately preceding the school year for which
35 general State aid is being calculated.
 

 

 

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1 (D) Available Local Resources.
2     (1) For purposes of calculating general State aid pursuant
3 to subsection (E), a representation of Available Local
4 Resources per pupil, as that term is defined and determined in
5 this subsection, shall be utilized. Available Local Resources
6 per pupil shall include a calculated dollar amount representing
7 local school district revenues from local property taxes and
8 from Corporate Personal Property Replacement Taxes, expressed
9 on the basis of pupils in Average Daily Attendance. Calculation
10 of Available Local Resources shall exclude any tax amnesty
11 funds received as a result of Public Act 93-26.
12     (2) In determining a school district's revenue from local
13 property taxes, the State Board of Education shall utilize the
14 equalized assessed valuation of all taxable property of each
15 school district as of September 30 of the previous year. The
16 equalized assessed valuation utilized shall be obtained and
17 determined as provided in subsection (G).
18     (3) For school districts maintaining grades kindergarten
19 through 12, local property tax revenues per pupil shall be
20 calculated as the product of the applicable equalized assessed
21 valuation for the district multiplied by 3.00%, and divided by
22 the district's Average Daily Attendance figure. For school
23 districts maintaining grades kindergarten through 8, local
24 property tax revenues per pupil shall be calculated as the
25 product of the applicable equalized assessed valuation for the
26 district multiplied by 2.30%, and divided by the district's
27 Average Daily Attendance figure. For school districts
28 maintaining grades 9 through 12, local property tax revenues
29 per pupil shall be the applicable equalized assessed valuation
30 of the district multiplied by 1.05%, and divided by the
31 district's Average Daily Attendance figure.
32     (4) The Corporate Personal Property Replacement Taxes paid
33 to each school district during the calendar year 2 years before
34 the calendar year in which a school year begins, divided by the
35 Average Daily Attendance figure for that district, shall be

 

 

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1 added to the local property tax revenues per pupil as derived
2 by the application of the immediately preceding paragraph (3).
3 The sum of these per pupil figures for each school district
4 shall constitute Available Local Resources as that term is
5 utilized in subsection (E) in the calculation of general State
6 aid.
 
7 (E) Computation of General State Aid.
8     (1) For each school year, the amount of general State aid
9 allotted to a school district shall be computed by the State
10 Board of Education as provided in this subsection.
11     (2) For any school district for which Available Local
12 Resources per pupil is less than the product of 0.93 times the
13 Foundation Level, general State aid for that district shall be
14 calculated as an amount equal to the Foundation Level minus
15 Available Local Resources, multiplied by the Average Daily
16 Attendance of the school district.
17     (3) For any school district for which Available Local
18 Resources per pupil is equal to or greater than the product of
19 0.93 times the Foundation Level and less than the product of
20 1.75 times the Foundation Level, the general State aid per
21 pupil shall be a decimal proportion of the Foundation Level
22 derived using a linear algorithm. Under this linear algorithm,
23 the calculated general State aid per pupil shall decline in
24 direct linear fashion from 0.07 times the Foundation Level for
25 a school district with Available Local Resources equal to the
26 product of 0.93 times the Foundation Level, to 0.05 times the
27 Foundation Level for a school district with Available Local
28 Resources equal to the product of 1.75 times the Foundation
29 Level. The allocation of general State aid for school districts
30 subject to this paragraph 3 shall be the calculated general
31 State aid per pupil figure multiplied by the Average Daily
32 Attendance of the school district.
33     (4) For any school district for which Available Local
34 Resources per pupil equals or exceeds the product of 1.75 times
35 the Foundation Level, the general State aid for the school

 

 

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1 district shall be calculated as the product of $218 multiplied
2 by the Average Daily Attendance of the school district.
3     (5) The amount of general State aid allocated to a school
4 district for the 1999-2000 school year meeting the requirements
5 set forth in paragraph (4) of subsection (G) shall be increased
6 by an amount equal to the general State aid that would have
7 been received by the district for the 1998-1999 school year by
8 utilizing the Extension Limitation Equalized Assessed
9 Valuation as calculated in paragraph (4) of subsection (G) less
10 the general State aid allotted for the 1998-1999 school year.
11 This amount shall be deemed a one time increase, and shall not
12 affect any future general State aid allocations.
 
13 (F) Compilation of Average Daily Attendance.
14     (1) Each school district shall, by July 1 of each year,
15 submit to the State Board of Education, on forms prescribed by
16 the State Board of Education, attendance figures for the school
17 year that began in the preceding calendar year. The attendance
18 information so transmitted shall identify the average daily
19 attendance figures for each month of the school year. Beginning
20 with the general State aid claim form for the 2002-2003 school
21 year, districts shall calculate Average Daily Attendance as
22 provided in subdivisions (a), (b), and (c) of this paragraph
23 (1).
24         (a) In districts that do not hold year-round classes,
25     days of attendance in August shall be added to the month of
26     September and any days of attendance in June shall be added
27     to the month of May.
28         (b) In districts in which all buildings hold year-round
29     classes, days of attendance in July and August shall be
30     added to the month of September and any days of attendance
31     in June shall be added to the month of May.
32         (c) In districts in which some buildings, but not all,
33     hold year-round classes, for the non-year-round buildings,
34     days of attendance in August shall be added to the month of
35     September and any days of attendance in June shall be added

 

 

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

 

 

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1         (c) A session of 4 or more clock hours may be counted
2     as a day of attendance upon certification by the regional
3     superintendent, and approved by the State Superintendent
4     of Education to the extent that the district has been
5     forced to use daily multiple sessions.
6         (d) A session of 3 or more clock hours may be counted
7     as a day of attendance (1) when the remainder of the school
8     day or at least 2 hours in the evening of that day is
9     utilized for an in-service training program for teachers,
10     up to a maximum of 5 days per school year of which a
11     maximum of 4 days of such 5 days may be used for
12     parent-teacher conferences, provided a district conducts
13     an in-service training program for teachers which has been
14     approved by the State Superintendent of Education; or, in
15     lieu of 4 such days, 2 full days may be used, in which
16     event each such day may be counted as a day of attendance;
17     and (2) when days in addition to those provided in item (1)
18     are scheduled by a school pursuant to its school
19     improvement plan adopted under Article 34 or its revised or
20     amended school improvement plan adopted under Article 2,
21     provided that (i) such sessions of 3 or more clock hours
22     are scheduled to occur at regular intervals, (ii) the
23     remainder of the school days in which such sessions occur
24     are utilized for in-service training programs or other
25     staff development activities for teachers, and (iii) a
26     sufficient number of minutes of school work under the
27     direct supervision of teachers are added to the school days
28     between such regularly scheduled sessions to accumulate
29     not less than the number of minutes by which such sessions
30     of 3 or more clock hours fall short of 5 clock hours. Any
31     full days used for the purposes of this paragraph shall not
32     be considered for computing average daily attendance. Days
33     scheduled for in-service training programs, staff
34     development activities, or parent-teacher conferences may
35     be scheduled separately for different grade levels and
36     different attendance centers of the district.

 

 

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

 

 

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1     Examination is administered under subsection (c) of
2     Section 2-3.64 of this Code, the day of attendance for a
3     pupil whose school day must be shortened to accommodate
4     required testing procedures may be less than 5 clock hours
5     and shall be counted towards the 176 days of actual pupil
6     attendance required under Section 10-19 of this Code,
7     provided that a sufficient number of minutes of school work
8     in excess of 5 clock hours are first completed on other
9     school days to compensate for the loss of school work on
10     the examination days.
 
11 (G) Equalized Assessed Valuation Data.
12     (1) For purposes of the calculation of Available Local
13 Resources required pursuant to subsection (D), the State Board
14 of Education shall secure from the Department of Revenue the
15 value as equalized or assessed by the Department of Revenue of
16 all taxable property of every school district, together with
17 (i) the applicable tax rate used in extending taxes for the
18 funds of the district as of September 30 of the previous year
19 and (ii) the limiting rate for all school districts subject to
20 property tax extension limitations as imposed under the
21 Property Tax Extension Limitation Law.
22     The Department of Revenue shall add to the equalized
23 assessed value of all taxable property of each school district
24 situated entirely or partially within a county that is or was
25 subject to the alternative general homestead exemption
26 provisions of Section 15-176 of the Property Tax Code (a) an
27 amount equal to the total amount by which the homestead
28 exemption allowed under Section 15-176 of the Property Tax Code
29 for real property situated in that school district exceeds the
30 total amount that would have been allowed in that school
31 district if the maximum reduction under Section 15-176 was (i)
32 $4,500 in Cook County or $3,500 in all other counties in tax
33 year 2003 or (ii) $5,000 in all counties in tax year 2004 and
34 thereafter and (b) an amount equal to the aggregate amount for
35 the taxable year of all additional exemptions under Section

 

 

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1 15-175 of the Property Tax Code for owners with a household
2 income of $30,000 or less. The county clerk of any county that
3 is or was subject to the alternative general homestead
4 exemption provisions of Section 15-176 of the Property Tax Code
5 shall annually calculate and certify to the Department of
6 Revenue for each school district all homestead exemption
7 amounts under Section 15-176 of the Property Tax Code and all
8 amounts of additional exemptions under Section 15-175 of the
9 Property Tax Code for owners with a household income of $30,000
10 or less. It is the intent of this paragraph that if the general
11 homestead exemption for a parcel of property is determined
12 under Section 15-176 of the Property Tax Code rather than
13 Section 15-175, then the calculation of Available Local
14 Resources shall not be affected by the difference, if any,
15 between the amount of the general homestead exemption allowed
16 for that parcel of property under Section 15-176 of the
17 Property Tax Code and the amount that would have been allowed
18 had the general homestead exemption for that parcel of property
19 been determined under Section 15-175 of the Property Tax Code.
20 It is further the intent of this paragraph that if additional
21 exemptions are allowed under Section 15-175 of the Property Tax
22 Code for owners with a household income of less than $30,000,
23 then the calculation of Available Local Resources shall not be
24 affected by the difference, if any, because of those additional
25 exemptions.
26     This equalized assessed valuation, as adjusted further by
27 the requirements of this subsection, shall be utilized in the
28 calculation of Available Local Resources.
29     (2) The equalized assessed valuation in paragraph (1) shall
30 be adjusted, as applicable, in the following manner:
31         (a) For the purposes of calculating State aid under
32     this Section, with respect to any part of a school district
33     within a redevelopment project area in respect to which a
34     municipality has adopted tax increment allocation
35     financing pursuant to the Tax Increment Allocation
36     Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11

 

 

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1     of the Illinois Municipal Code or the Industrial Jobs
2     Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
3     Illinois Municipal Code, no part of the current equalized
4     assessed valuation of real property located in any such
5     project area which is attributable to an increase above the
6     total initial equalized assessed valuation of such
7     property shall be used as part of the equalized assessed
8     valuation of the district, until such time as all
9     redevelopment project costs have been paid, as provided in
10     Section 11-74.4-8 of the Tax Increment Allocation
11     Redevelopment Act or in Section 11-74.6-35 of the
12     Industrial Jobs Recovery Law. For the purpose of the
13     equalized assessed valuation of the district, the total
14     initial equalized assessed valuation or the current
15     equalized assessed valuation, whichever is lower, shall be
16     used until such time as all redevelopment project costs
17     have been paid.
18         (b) The real property equalized assessed valuation for
19     a school district shall be adjusted by subtracting from the
20     real property value as equalized or assessed by the
21     Department of Revenue for the district an amount computed
22     by dividing the amount of any abatement of taxes under
23     Section 18-170 of the Property Tax Code by 3.00% for a
24     district maintaining grades kindergarten through 12, by
25     2.30% for a district maintaining grades kindergarten
26     through 8, or by 1.05% for a district maintaining grades 9
27     through 12 and adjusted by an amount computed by dividing
28     the amount of any abatement of taxes under subsection (a)
29     of Section 18-165 of the Property Tax Code by the same
30     percentage rates for district type as specified in this
31     subparagraph (b).
32     (3) For the 1999-2000 school year and each school year
33 thereafter, if a school district meets all of the criteria of
34 this subsection (G)(3), the school district's Available Local
35 Resources shall be calculated under subsection (D) using the
36 district's Extension Limitation Equalized Assessed Valuation

 

 

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1 as calculated under this subsection (G)(3).
2     For purposes of this subsection (G)(3) the following terms
3 shall have the following meanings:
4         "Budget Year": The school year for which general State
5     aid is calculated and awarded under subsection (E).
6         "Base Tax Year": The property tax levy year used to
7     calculate the Budget Year allocation of general State aid.
8         "Preceding Tax Year": The property tax levy year
9     immediately preceding the Base Tax Year.
10         "Base Tax Year's Tax Extension": The product of the
11     equalized assessed valuation utilized by the County Clerk
12     in the Base Tax Year multiplied by the limiting rate as
13     calculated by the County Clerk and defined in the Property
14     Tax Extension Limitation Law.
15         "Preceding Tax Year's Tax Extension": The product of
16     the equalized assessed valuation utilized by the County
17     Clerk in the Preceding Tax Year multiplied by the Operating
18     Tax Rate as defined in subsection (A).
19         "Extension Limitation Ratio": A numerical ratio,
20     certified by the County Clerk, in which the numerator is
21     the Base Tax Year's Tax Extension and the denominator is
22     the Preceding Tax Year's Tax Extension.
23         "Operating Tax Rate": The operating tax rate as defined
24     in subsection (A).
25     If a school district is subject to property tax extension
26 limitations as imposed under the Property Tax Extension
27 Limitation Law, the State Board of Education shall calculate
28 the Extension Limitation Equalized Assessed Valuation of that
29 district. For the 1999-2000 school year, the Extension
30 Limitation Equalized Assessed Valuation of a school district as
31 calculated by the State Board of Education shall be equal to
32 the product of the district's 1996 Equalized Assessed Valuation
33 and the district's Extension Limitation Ratio. For the
34 2000-2001 school year and each school year thereafter, the
35 Extension Limitation Equalized Assessed Valuation of a school
36 district as calculated by the State Board of Education shall be

 

 

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1 equal to the product of the Equalized Assessed Valuation last
2 used in the calculation of general State aid and the district's
3 Extension Limitation Ratio. If the Extension Limitation
4 Equalized Assessed Valuation of a school district as calculated
5 under this subsection (G)(3) is less than the district's
6 equalized assessed valuation as calculated pursuant to
7 subsections (G)(1) and (G)(2), then for purposes of calculating
8 the district's general State aid for the Budget Year pursuant
9 to subsection (E), that Extension Limitation Equalized
10 Assessed Valuation shall be utilized to calculate the
11 district's Available Local Resources under subsection (D).
12     (4) For the purposes of calculating general State aid for
13 the 1999-2000 school year only, if a school district
14 experienced a triennial reassessment on the equalized assessed
15 valuation used in calculating its general State financial aid
16 apportionment for the 1998-1999 school year, the State Board of
17 Education shall calculate the Extension Limitation Equalized
18 Assessed Valuation that would have been used to calculate the
19 district's 1998-1999 general State aid. This amount shall equal
20 the product of the equalized assessed valuation used to
21 calculate general State aid for the 1997-1998 school year and
22 the district's Extension Limitation Ratio. If the Extension
23 Limitation Equalized Assessed Valuation of the school district
24 as calculated under this paragraph (4) is less than the
25 district's equalized assessed valuation utilized in
26 calculating the district's 1998-1999 general State aid
27 allocation, then for purposes of calculating the district's
28 general State aid pursuant to paragraph (5) of subsection (E),
29 that Extension Limitation Equalized Assessed Valuation shall
30 be utilized to calculate the district's Available Local
31 Resources.
32     (5) For school districts having a majority of their
33 equalized assessed valuation in any county except Cook, DuPage,
34 Kane, Lake, McHenry, or Will, if the amount of general State
35 aid allocated to the school district for the 1999-2000 school
36 year under the provisions of subsection (E), (H), and (J) of

 

 

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1 this Section is less than the amount of general State aid
2 allocated to the district for the 1998-1999 school year under
3 these subsections, then the general State aid of the district
4 for the 1999-2000 school year only shall be increased by the
5 difference between these amounts. The total payments made under
6 this paragraph (5) shall not exceed $14,000,000. Claims shall
7 be prorated if they exceed $14,000,000.
 
8 (H) Supplemental General State Aid.
9     (1) In addition to the general State aid a school district
10 is allotted pursuant to subsection (E), qualifying school
11 districts shall receive a grant, paid in conjunction with a
12 district's payments of general State aid, for supplemental
13 general State aid based upon the concentration level of
14 children from low-income households within the school
15 district. Supplemental State aid grants provided for school
16 districts under this subsection shall be appropriated for
17 distribution to school districts as part of the same line item
18 in which the general State financial aid of school districts is
19 appropriated under this Section. If the appropriation in any
20 fiscal year for general State aid and supplemental general
21 State aid is insufficient to pay the amounts required under the
22 general State aid and supplemental general State aid
23 calculations, then the State Board of Education shall ensure
24 that each school district receives the full amount due for
25 general State aid and the remainder of the appropriation shall
26 be used for supplemental general State aid, which the State
27 Board of Education shall calculate and pay to eligible
28 districts on a prorated basis.
29     (1.5) This paragraph (1.5) applies only to those school
30 years preceding the 2003-2004 school year. For purposes of this
31 subsection (H), the term "Low-Income Concentration Level"
32 shall be the low-income eligible pupil count from the most
33 recently available federal census divided by the Average Daily
34 Attendance of the school district. If, however, (i) the
35 percentage decrease from the 2 most recent federal censuses in

 

 

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1 the low-income eligible pupil count of a high school district
2 with fewer than 400 students exceeds by 75% or more the
3 percentage change in the total low-income eligible pupil count
4 of contiguous elementary school districts, whose boundaries
5 are coterminous with the high school district, or (ii) a high
6 school district within 2 counties and serving 5 elementary
7 school districts, whose boundaries are coterminous with the
8 high school district, has a percentage decrease from the 2 most
9 recent federal censuses in the low-income eligible pupil count
10 and there is a percentage increase in the total low-income
11 eligible pupil count of a majority of the elementary school
12 districts in excess of 50% from the 2 most recent federal
13 censuses, then the high school district's low-income eligible
14 pupil count from the earlier federal census shall be the number
15 used as the low-income eligible pupil count for the high school
16 district, for purposes of this subsection (H). The changes made
17 to this paragraph (1) by Public Act 92-28 shall apply to
18 supplemental general State aid grants for school years
19 preceding the 2003-2004 school year that are paid in fiscal
20 year 1999 or thereafter and to any State aid payments made in
21 fiscal year 1994 through fiscal year 1998 pursuant to
22 subsection 1(n) of Section 18-8 of this Code (which was
23 repealed on July 1, 1998), and any high school district that is
24 affected by Public Act 92-28 is entitled to a recomputation of
25 its supplemental general State aid grant or State aid paid in
26 any of those fiscal years. This recomputation shall not be
27 affected by any other funding.
28     (1.10) This paragraph (1.10) applies to the 2003-2004
29 school year and each school year thereafter. For purposes of
30 this subsection (H), the term "Low-Income Concentration Level"
31 shall, for each fiscal year, be the low-income eligible pupil
32 count as of July 1 of the immediately preceding fiscal year (as
33 determined by the Department of Human Services based on the
34 number of pupils who are eligible for at least one of the
35 following low income programs: Medicaid, KidCare, TANF, or Food
36 Stamps, excluding pupils who are eligible for services provided

 

 

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1 by the Department of Children and Family Services, averaged
2 over the 2 immediately preceding fiscal years for fiscal year
3 2004 and over the 3 immediately preceding fiscal years for each
4 fiscal year thereafter) divided by the Average Daily Attendance
5 of the school district.
6     (2) Supplemental general State aid pursuant to this
7 subsection (H) shall be provided as follows for the 1998-1999,
8 1999-2000, and 2000-2001 school years only:
9         (a) For any school district with a Low Income
10     Concentration Level of at least 20% and less than 35%, the
11     grant for any school year shall be $800 multiplied by the
12     low income eligible pupil count.
13         (b) For any school district with a Low Income
14     Concentration Level of at least 35% and less than 50%, the
15     grant for the 1998-1999 school year shall be $1,100
16     multiplied by the low income eligible pupil count.
17         (c) For any school district with a Low Income
18     Concentration Level of at least 50% and less than 60%, the
19     grant for the 1998-99 school year shall be $1,500
20     multiplied by the low income eligible pupil count.
21         (d) For any school district with a Low Income
22     Concentration Level of 60% or more, the grant for the
23     1998-99 school year shall be $1,900 multiplied by the low
24     income eligible pupil count.
25         (e) For the 1999-2000 school year, the per pupil amount
26     specified in subparagraphs (b), (c), and (d) immediately
27     above shall be increased to $1,243, $1,600, and $2,000,
28     respectively.
29         (f) For the 2000-2001 school year, the per pupil
30     amounts specified in subparagraphs (b), (c), and (d)
31     immediately above shall be $1,273, $1,640, and $2,050,
32     respectively.
33     (2.5) Supplemental general State aid pursuant to this
34 subsection (H) shall be provided as follows for the 2002-2003
35 school year:
36         (a) For any school district with a Low Income

 

 

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1     Concentration Level of less than 10%, the grant for each
2     school year shall be $355 multiplied by the low income
3     eligible pupil count.
4         (b) For any school district with a Low Income
5     Concentration Level of at least 10% and less than 20%, the
6     grant for each school year shall be $675 multiplied by the
7     low income eligible pupil count.
8         (c) For any school district with a Low Income
9     Concentration Level of at least 20% and less than 35%, the
10     grant for each school year shall be $1,330 multiplied by
11     the low income eligible pupil count.
12         (d) For any school district with a Low Income
13     Concentration Level of at least 35% and less than 50%, the
14     grant for each school year shall be $1,362 multiplied by
15     the low income eligible pupil count.
16         (e) For any school district with a Low Income
17     Concentration Level of at least 50% and less than 60%, the
18     grant for each school year shall be $1,680 multiplied by
19     the low income eligible pupil count.
20         (f) For any school district with a Low Income
21     Concentration Level of 60% or more, the grant for each
22     school year shall be $2,080 multiplied by the low income
23     eligible pupil count.
24     (2.10) Except as otherwise provided, supplemental general
25 State aid pursuant to this subsection (H) shall be provided as
26 follows for the 2003-2004 school year and each school year
27 thereafter:
28         (a) For any school district with a Low Income
29     Concentration Level of 15% or less, the grant for each
30     school year shall be $355 multiplied by the low income
31     eligible pupil count.
32         (b) For any school district with a Low Income
33     Concentration Level greater than 15%, the grant for each
34     school year shall be $294.25 added to the product of $2,700
35     and the square of the Low Income Concentration Level, all
36     multiplied by the low income eligible pupil count.

 

 

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1     For the 2003-2004 school year, 2004-2005 school year, and
2 2005-2006 school year only, the grant shall be no less than the
3 grant for the 2002-2003 school year. For the 2006-2007 school
4 year only, the grant shall be no less than the grant for the
5 2002-2003 school year multiplied by 0.66. For the 2007-2008
6 school year only, the grant shall be no less than the grant for
7 the 2002-2003 school year multiplied by 0.33. Notwithstanding
8 the provisions of this paragraph to the contrary, if for any
9 school year supplemental general State aid grants are prorated
10 as provided in paragraph (1) of this subsection (H), then the
11 grants under this paragraph shall be prorated.
12     For the 2003-2004 school year only, the grant shall be no
13 greater than the grant received during the 2002-2003 school
14 year added to the product of 0.25 multiplied by the difference
15 between the grant amount calculated under subsection (a) or (b)
16 of this paragraph (2.10), whichever is applicable, and the
17 grant received during the 2002-2003 school year. For the
18 2004-2005 school year only, the grant shall be no greater than
19 the grant received during the 2002-2003 school year added to
20 the product of 0.50 multiplied by the difference between the
21 grant amount calculated under subsection (a) or (b) of this
22 paragraph (2.10), whichever is applicable, and the grant
23 received during the 2002-2003 school year. For the 2005-2006
24 school year only, the grant shall be no greater than the grant
25 received during the 2002-2003 school year added to the product
26 of 0.75 multiplied by the difference between the grant amount
27 calculated under subsection (a) or (b) of this paragraph
28 (2.10), whichever is applicable, and the grant received during
29 the 2002-2003 school year.
30     (3) School districts with an Average Daily Attendance of
31 more than 1,000 and less than 50,000 that qualify for
32 supplemental general State aid pursuant to this subsection
33 shall submit a plan to the State Board of Education prior to
34 October 30 of each year for the use of the funds resulting from
35 this grant of supplemental general State aid for the
36 improvement of instruction in which priority is given to

 

 

HB5417 - 21 - LRB094 16905 NHT 52184 b

1 meeting the education needs of disadvantaged children. Such
2 plan shall be submitted in accordance with rules and
3 regulations promulgated by the State Board of Education.
4     (4) School districts with an Average Daily Attendance of
5 50,000 or more that qualify for supplemental general State aid
6 pursuant to this subsection shall be required to distribute
7 from funds available pursuant to this Section, no less than
8 $261,000,000 in accordance with the following requirements:
9         (a) The required amounts shall be distributed to the
10     attendance centers within the district in proportion to the
11     number of pupils enrolled at each attendance center who are
12     eligible to receive free or reduced-price lunches or
13     breakfasts under the federal Child Nutrition Act of 1966
14     and under the National School Lunch Act during the
15     immediately preceding school year.
16         (b) The distribution of these portions of supplemental
17     and general State aid among attendance centers according to
18     these requirements shall not be compensated for or
19     contravened by adjustments of the total of other funds
20     appropriated to any attendance centers, and the Board of
21     Education shall utilize funding from one or several sources
22     in order to fully implement this provision annually prior
23     to the opening of school.
24         (c) Each attendance center shall be provided by the
25     school district a distribution of noncategorical funds and
26     other categorical funds to which an attendance center is
27     entitled under law in order that the general State aid and
28     supplemental general State aid provided by application of
29     this subsection supplements rather than supplants the
30     noncategorical funds and other categorical funds provided
31     by the school district to the attendance centers.
32         (d) Any funds made available under this subsection that
33     by reason of the provisions of this subsection are not
34     required to be allocated and provided to attendance centers
35     may be used and appropriated by the board of the district
36     for any lawful school purpose.

 

 

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1         (e) Funds received by an attendance center pursuant to
2     this subsection shall be used by the attendance center at
3     the discretion of the principal and local school council
4     for programs to improve educational opportunities at
5     qualifying schools through the following programs and
6     services: early childhood education, reduced class size or
7     improved adult to student classroom ratio, enrichment
8     programs, remedial assistance, attendance improvement, and
9     other educationally beneficial expenditures which
10     supplement the regular and basic programs as determined by
11     the State Board of Education. Funds provided shall not be
12     expended for any political or lobbying purposes as defined
13     by board rule.
14         (f) Each district subject to the provisions of this
15     subdivision (H)(4) shall submit an acceptable plan to meet
16     the educational needs of disadvantaged children, in
17     compliance with the requirements of this paragraph, to the
18     State Board of Education prior to July 15 of each year.
19     This plan shall be consistent with the decisions of local
20     school councils concerning the school expenditure plans
21     developed in accordance with part 4 of Section 34-2.3. The
22     State Board shall approve or reject the plan within 60 days
23     after its submission. If the plan is rejected, the district
24     shall give written notice of intent to modify the plan
25     within 15 days of the notification of rejection and then
26     submit a modified plan within 30 days after the date of the
27     written notice of intent to modify. Districts may amend
28     approved plans pursuant to rules promulgated by the State
29     Board of Education.
30         Upon notification by the State Board of Education that
31     the district has not submitted a plan prior to July 15 or a
32     modified plan within the time period specified herein, the
33     State aid funds affected by that plan or modified plan
34     shall be withheld by the State Board of Education until a
35     plan or modified plan is submitted.
36         If the district fails to distribute State aid to

 

 

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1     attendance centers in accordance with an approved plan, the
2     plan for the following year shall allocate funds, in
3     addition to the funds otherwise required by this
4     subsection, to those attendance centers which were
5     underfunded during the previous year in amounts equal to
6     such underfunding.
7         For purposes of determining compliance with this
8     subsection in relation to the requirements of attendance
9     center funding, each district subject to the provisions of
10     this subsection shall submit as a separate document by
11     December 1 of each year a report of expenditure data for
12     the prior year in addition to any modification of its
13     current plan. If it is determined that there has been a
14     failure to comply with the expenditure provisions of this
15     subsection regarding contravention or supplanting, the
16     State Superintendent of Education shall, within 60 days of
17     receipt of the report, notify the district and any affected
18     local school council. The district shall within 45 days of
19     receipt of that notification inform the State
20     Superintendent of Education of the remedial or corrective
21     action to be taken, whether by amendment of the current
22     plan, if feasible, or by adjustment in the plan for the
23     following year. Failure to provide the expenditure report
24     or the notification of remedial or corrective action in a
25     timely manner shall result in a withholding of the affected
26     funds.
27         The State Board of Education shall promulgate rules and
28     regulations to implement the provisions of this
29     subsection. No funds shall be released under this
30     subdivision (H)(4) to any district that has not submitted a
31     plan that has been approved by the State Board of
32     Education.
 
33 (I) General State Aid for Newly Configured School Districts.
34     (1) For a new school district formed by combining property
35 included totally within 2 or more previously existing school

 

 

HB5417 - 24 - LRB094 16905 NHT 52184 b

1 districts, for its first year of existence the general State
2 aid and supplemental general State aid calculated under this
3 Section shall be computed for the new district and for the
4 previously existing districts for which property is totally
5 included within the new district. If the computation on the
6 basis of the previously existing districts is greater, a
7 supplementary payment equal to the difference shall be made for
8 the first 4 years of existence of the new district.
9     (2) For a school district which annexes all of the
10 territory of one or more entire other school districts, for the
11 first year during which the change of boundaries attributable
12 to such annexation becomes effective for all purposes as
13 determined under Section 7-9 or 7A-8, the general State aid and
14 supplemental general State aid calculated under this Section
15 shall be computed for the annexing district as constituted
16 after the annexation and for the annexing and each annexed
17 district as constituted prior to the annexation; and if the
18 computation on the basis of the annexing and annexed districts
19 as constituted prior to the annexation is greater, a
20 supplementary payment equal to the difference shall be made for
21 the first 4 years of existence of the annexing school district
22 as constituted upon such annexation.
23     (3) For 2 or more school districts which annex all of the
24 territory of one or more entire other school districts, and for
25 2 or more community unit districts which result upon the
26 division (pursuant to petition under Section 11A-2) of one or
27 more other unit school districts into 2 or more parts and which
28 together include all of the parts into which such other unit
29 school district or districts are so divided, for the first year
30 during which the change of boundaries attributable to such
31 annexation or division becomes effective for all purposes as
32 determined under Section 7-9 or 11A-10, as the case may be, the
33 general State aid and supplemental general State aid calculated
34 under this Section shall be computed for each annexing or
35 resulting district as constituted after the annexation or
36 division and for each annexing and annexed district, or for

 

 

HB5417 - 25 - LRB094 16905 NHT 52184 b

1 each resulting and divided district, as constituted prior to
2 the annexation or division; and if the aggregate of the general
3 State aid and supplemental general State aid as so computed for
4 the annexing or resulting districts as constituted after the
5 annexation or division is less than the aggregate of the
6 general State aid and supplemental general State aid as so
7 computed for the annexing and annexed districts, or for the
8 resulting and divided districts, as constituted prior to the
9 annexation or division, then a supplementary payment equal to
10 the difference shall be made and allocated between or among the
11 annexing or resulting districts, as constituted upon such
12 annexation or division, for the first 4 years of their
13 existence. The total difference payment shall be allocated
14 between or among the annexing or resulting districts in the
15 same ratio as the pupil enrollment from that portion of the
16 annexed or divided district or districts which is annexed to or
17 included in each such annexing or resulting district bears to
18 the total pupil enrollment from the entire annexed or divided
19 district or districts, as such pupil enrollment is determined
20 for the school year last ending prior to the date when the
21 change of boundaries attributable to the annexation or division
22 becomes effective for all purposes. The amount of the total
23 difference payment and the amount thereof to be allocated to
24 the annexing or resulting districts shall be computed by the
25 State Board of Education on the basis of pupil enrollment and
26 other data which shall be certified to the State Board of
27 Education, on forms which it shall provide for that purpose, by
28 the regional superintendent of schools for each educational
29 service region in which the annexing and annexed districts, or
30 resulting and divided districts are located.
31     (3.5) Claims for financial assistance under this
32 subsection (I) shall not be recomputed except as expressly
33 provided under this Section.
34     (4) Any supplementary payment made under this subsection
35 (I) shall be treated as separate from all other payments made
36 pursuant to this Section.
 

 

 

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1 (J) Supplementary Grants in Aid.
2     (1) Notwithstanding any other provisions of this Section,
3 the amount of the aggregate general State aid in combination
4 with supplemental general State aid under this Section for
5 which each school district is eligible shall be no less than
6 the amount of the aggregate general State aid entitlement that
7 was received by the district under Section 18-8 (exclusive of
8 amounts received under subsections 5(p) and 5(p-5) of that
9 Section) for the 1997-98 school year, pursuant to the
10 provisions of that Section as it was then in effect. If a
11 school district qualifies to receive a supplementary payment
12 made under this subsection (J), the amount of the aggregate
13 general State aid in combination with supplemental general
14 State aid under this Section which that district is eligible to
15 receive for each school year shall be no less than the amount
16 of the aggregate general State aid entitlement that was
17 received by the district under Section 18-8 (exclusive of
18 amounts received under subsections 5(p) and 5(p-5) of that
19 Section) for the 1997-1998 school year, pursuant to the
20 provisions of that Section as it was then in effect.
21     (2) If, as provided in paragraph (1) of this subsection
22 (J), a school district is to receive aggregate general State
23 aid in combination with supplemental general State aid under
24 this Section for the 1998-99 school year and any subsequent
25 school year that in any such school year is less than the
26 amount of the aggregate general State aid entitlement that the
27 district received for the 1997-98 school year, the school
28 district shall also receive, from a separate appropriation made
29 for purposes of this subsection (J), a supplementary payment
30 that is equal to the amount of the difference in the aggregate
31 State aid figures as described in paragraph (1).
32     (3) (Blank).
 
33 (K) Grants to Laboratory and Alternative Schools.
34     In calculating the amount to be paid to the governing board

 

 

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

 

 

HB5417 - 28 - LRB094 16905 NHT 52184 b

1 the school's students by month. The best 3 months' Average
2 Daily Attendance shall be computed for each school. The general
3 State aid entitlement shall be computed by multiplying the
4 applicable Average Daily Attendance by the Foundation Level as
5 determined under this Section.
 
6 (L) Payments, Additional Grants in Aid and Other Requirements.
7     (1) For a school district operating under the financial
8 supervision of an Authority created under Article 34A, the
9 general State aid otherwise payable to that district under this
10 Section, but not the supplemental general State aid, shall be
11 reduced by an amount equal to the budget for the operations of
12 the Authority as certified by the Authority to the State Board
13 of Education, and an amount equal to such reduction shall be
14 paid to the Authority created for such district for its
15 operating expenses in the manner provided in Section 18-11. The
16 remainder of general State school aid for any such district
17 shall be paid in accordance with Article 34A when that Article
18 provides for a disposition other than that provided by this
19 Article.
20     (2) (Blank).
21     (3) Summer school. Summer school payments shall be made as
22 provided in Section 18-4.3.
 
23 (M) Education Funding Advisory Board.
24     The Education Funding Advisory Board, hereinafter in this
25 subsection (M) referred to as the "Board", is hereby created.
26 The Board shall consist of 5 members who are appointed by the
27 Governor, by and with the advice and consent of the Senate. The
28 members appointed shall include representatives of education,
29 business, and the general public. One of the members so
30 appointed shall be designated by the Governor at the time the
31 appointment is made as the chairperson of the Board. The
32 initial members of the Board may be appointed any time after
33 the effective date of this amendatory Act of 1997. The regular
34 term of each member of the Board shall be for 4 years from the

 

 

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1 third Monday of January of the year in which the term of the
2 member's appointment is to commence, except that of the 5
3 initial members appointed to serve on the Board, the member who
4 is appointed as the chairperson shall serve for a term that
5 commences on the date of his or her appointment and expires on
6 the third Monday of January, 2002, and the remaining 4 members,
7 by lots drawn at the first meeting of the Board that is held
8 after all 5 members are appointed, shall determine 2 of their
9 number to serve for terms that commence on the date of their
10 respective appointments and expire on the third Monday of
11 January, 2001, and 2 of their number to serve for terms that
12 commence on the date of their respective appointments and
13 expire on the third Monday of January, 2000. All members
14 appointed to serve on the Board shall serve until their
15 respective successors are appointed and confirmed. Vacancies
16 shall be filled in the same manner as original appointments. If
17 a vacancy in membership occurs at a time when the Senate is not
18 in session, the Governor shall make a temporary appointment
19 until the next meeting of the Senate, when he or she shall
20 appoint, by and with the advice and consent of the Senate, a
21 person to fill that membership for the unexpired term. If the
22 Senate is not in session when the initial appointments are
23 made, those appointments shall be made as in the case of
24 vacancies.
25     The Education Funding Advisory Board shall be deemed
26 established, and the initial members appointed by the Governor
27 to serve as members of the Board shall take office, on the date
28 that the Governor makes his or her appointment of the fifth
29 initial member of the Board, whether those initial members are
30 then serving pursuant to appointment and confirmation or
31 pursuant to temporary appointments that are made by the
32 Governor as in the case of vacancies.
33     The State Board of Education shall provide such staff
34 assistance to the Education Funding Advisory Board as is
35 reasonably required for the proper performance by the Board of
36 its responsibilities.

 

 

HB5417 - 30 - LRB094 16905 NHT 52184 b

1     For school years after the 2000-2001 school year, the
2 Education Funding Advisory Board, in consultation with the
3 State Board of Education, shall make recommendations as
4 provided in this subsection (M) to the General Assembly for the
5 foundation level under subdivision (B)(3) of this Section and
6 for the supplemental general State aid grant level under
7 subsection (H) of this Section for districts with high
8 concentrations of children from poverty. The recommended
9 foundation level shall be determined based on a methodology
10 which incorporates the basic education expenditures of
11 low-spending schools exhibiting high academic performance. The
12 Education Funding Advisory Board shall make such
13 recommendations to the General Assembly on January 1 of odd
14 numbered years, beginning January 1, 2001.
 
15 (N) (Blank).
 
16 (O) References.
17     (1) References in other laws to the various subdivisions of
18 Section 18-8 as that Section existed before its repeal and
19 replacement by this Section 18-8.05 shall be deemed to refer to
20 the corresponding provisions of this Section 18-8.05, to the
21 extent that those references remain applicable.
22     (2) References in other laws to State Chapter 1 funds shall
23 be deemed to refer to the supplemental general State aid
24 provided under subsection (H) of this Section.
 
25 (P) Public Act 93-838 and Public Act 93-808 make inconsistent
26 changes to this Section. Under Section 6 of the Statute on
27 Statutes there is an irreconcilable conflict between Public Act
28 93-808 and Public Act 93-838. Public Act 93-838, being the last
29 acted upon, is controlling. The text of Public Act 93-838 is
30 the law regardless of the text of Public Act 93-808.
31 (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808,
32 eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69,
33 eff. 7-1-05; 94-438, eff. 8-4-05; revised 8-22-05.)