Full Text of SB2205 93rd General Assembly
SB2205ham003 93RD GENERAL ASSEMBLY
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Rep. Tom Cross
Filed: 7/24/2004
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LRB093 15833 NHT 52992 a |
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| AMENDMENT TO SENATE BILL 2205
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| AMENDMENT NO. ______. Amend Senate Bill 2205, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| FY2005 Budget
Implementation (Education) Act.
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| Section 5. Purpose. It is the purpose of this Act to make | 8 |
| changes
in State programs that are necessary to implement the | 9 |
| Governor's FY2005
budget recommendations concerning education.
| 10 |
| Section 10. The State Finance Act is amended by adding | 11 |
| Sections 6z-65, 6z-66, and 6z-67 as follows: | 12 |
| (30 ILCS 105/6z-65 new) | 13 |
| Sec. 6z-65. SBE Federal Department of Education Fund. The | 14 |
| SBE Federal Department of Education Fund is created as a | 15 |
| federal trust fund in the State treasury. This fund is | 16 |
| established to receive funds from the federal Department of | 17 |
| Education, including administrative funds recovered from | 18 |
| federal programs, for the specific purposes established by the | 19 |
| terms and conditions of federal awards. All moneys in the SBE | 20 |
| Federal Department of Education Fund shall be used, subject to | 21 |
| appropriation by the General Assembly, for grants and contracts | 22 |
| to local education agencies, colleges and universities, and |
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| other State agencies and for administrative expenses of the | 2 |
| State Board of Education. | 3 |
| (30 ILCS 105/6z-66 new) | 4 |
| Sec. 6z-66. SBE Federal Agency Services Fund. The SBE | 5 |
| Federal Agency Services Fund is created as a federal trust fund | 6 |
| in the State treasury. This fund is established to receive | 7 |
| funds from all federal departments and agencies except the | 8 |
| Departments of Education and Agriculture (including among | 9 |
| others the Departments of Health and Human Services, Defense, | 10 |
| and Labor and the Corporation for National and Community | 11 |
| Service), including administrative funds recovered from | 12 |
| federal programs, for the specific purposes established by the | 13 |
| terms and conditions of federal awards. All moneys in the SBE | 14 |
| Federal Agency Services Fund shall be used, subject to | 15 |
| appropriation by the General Assembly, for grants and contracts | 16 |
| to local education agencies, colleges and universities, and | 17 |
| other State agencies and for administrative expenses of the | 18 |
| State Board of Education. | 19 |
| (30 ILCS 105/6z-67 new) | 20 |
| Sec. 6z-67. SBE Federal Department of Agriculture Fund. The | 21 |
| SBE Federal Department of Agriculture Fund is created as a | 22 |
| federal trust fund in the State treasury. This fund is | 23 |
| established to receive funds from the federal Department of | 24 |
| Education, including administrative funds recovered from | 25 |
| federal programs, for the specific purposes established by the | 26 |
| terms and conditions of federal awards. All moneys in the SBE | 27 |
| Federal Department of Agriculture Fund shall be used, subject | 28 |
| to appropriation by the General Assembly, for grants and | 29 |
| contracts to local education agencies, colleges and | 30 |
| universities, and other State agencies and for administrative | 31 |
| expenses of the State Board of Education. |
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| Section 15. The School Code is amended by changing Sections | 2 |
| 2-3.64, 2-3.131, and 18-8.05 as follows:
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| (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
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| Sec. 2-3.64. State goals and assessment.
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| (a) Beginning in the 1998-1999 school year, the State Board | 6 |
| of Education
shall establish standards and periodically, in | 7 |
| collaboration with local school
districts, conduct studies of | 8 |
| student performance in the learning areas of fine
arts and | 9 |
| physical development/health.
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| Beginning with the 1998-1999 school
year until the | 11 |
| 2004-2005 school year
2005-2006 school year at the latest , the | 12 |
| State Board of
Education shall annually test: (i) all pupils | 13 |
| enrolled
in the 3rd, 5th, and 8th grades in English language | 14 |
| arts (reading, writing, and
English grammar) and mathematics; | 15 |
| and (ii) all pupils enrolled in the 4th and
7th grades in the | 16 |
| biological and physical sciences and the social sciences
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| (history, geography, civics, economics, and government).
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| Unless the testing required to be implemented no later than the | 19 |
| 2005-2006 school year under this subsection (a) is implemented | 20 |
| for the 2004-2005 school year, for the 2004-2005 school year, | 21 |
| the State Board of
Education shall test: (i) all pupils | 22 |
| enrolled
in the 3rd, 5th, and 8th grades in English language | 23 |
| arts (reading and
English grammar) and mathematics and (ii) all | 24 |
| pupils enrolled in the 4th and
7th grades in the biological and | 25 |
| physical sciences. The maximum time allowed for all actual | 26 |
| testing required under this
paragraph shall not exceed 25 | 27 |
| hours, as allocated among the required
tests by the State Board | 28 |
| of Education, across all grades tested.
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| Beginning no later than the 2005-2006 school year, the | 30 |
| State
Board of Education shall annually test: (i) all pupils | 31 |
| enrolled in the 3rd,
4th, 5th, 6th, 7th, and 8th grades in | 32 |
| reading and mathematics and
; (ii) all
pupils enrolled in 3rd, | 33 |
| 4th, 6th, and 8th grades in writing; (iii) all pupils
enrolled |
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| in the 4th and 7th grades in the biological and physical
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| sciences ; and (iv) all pupils enrolled in 5th and 8th grades in | 3 |
| the social
sciences (history, geography, economics, civics, | 4 |
| and government). The
State Board of Education shall sample | 5 |
| student performance in the
learning area of physical | 6 |
| development and health in grades 4 and 7
through the science | 7 |
| tests and in the learning area of fine arts in grades 5
and 8 | 8 |
| through the social sciences tests . After the addition of | 9 |
| subjects
and grades and change in subjects as delineated in | 10 |
| this paragraph and including whatever other
tests that may be | 11 |
| approved from time to time no later than the
2005-2006 school | 12 |
| year, the maximum time allowed for all State testing in
grades | 13 |
| 3 through 8 shall not exceed 38 hours across those grades.
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| Beginning with the 2004-2005 school year, the State Board | 15 |
| of Education shall not test pupils under this subsection (a) in | 16 |
| writing, physical development and health, fine arts, and the | 17 |
| social sciences (history, geography, civics, economics, and | 18 |
| government).
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| The State Board of
Education shall establish the academic | 20 |
| standards that are to be applicable to
pupils who are subject | 21 |
| to State tests under this Section beginning with the
1998-1999 | 22 |
| school year. However, the State Board of Education shall not
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| establish any such standards in final form without first | 24 |
| providing
opportunities for public participation and local | 25 |
| input in the development
of the final academic standards. Those | 26 |
| opportunities shall include a
well-publicized period of public | 27 |
| comment, public hearings throughout the State,
and | 28 |
| opportunities to file written comments. Beginning with the | 29 |
| 1998-99 school
year and thereafter, the State tests will | 30 |
| identify pupils in the 3rd grade or
5th grade who do not meet | 31 |
| the State standards.
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| If, by performance on the State
tests or local assessments | 33 |
| or by teacher judgment, a student's performance is
determined | 34 |
| to be 2 or more grades below current placement, the student |
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| shall be
provided a remediation program developed by the | 2 |
| district in consultation with a
parent or guardian. Such | 3 |
| remediation programs may include, but shall not be
limited to, | 4 |
| increased or concentrated instructional time, a remedial | 5 |
| summer
school program of not less than 90 hours, improved | 6 |
| instructional approaches,
tutorial sessions, retention in | 7 |
| grade, and modifications to instructional
materials. Each | 8 |
| pupil for whom a remediation program is developed under this
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| subsection shall be required to enroll in and attend whatever | 10 |
| program the
district determines is appropriate for the pupil. | 11 |
| Districts may combine
students in remediation programs where | 12 |
| appropriate and may cooperate with other
districts in the | 13 |
| design and delivery of those programs. The parent or guardian
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| of a student required to attend a remediation program under | 15 |
| this Section shall
be given written notice of that requirement | 16 |
| by the school district a reasonable
time prior to commencement | 17 |
| of the remediation program that the student is to
attend. The | 18 |
| State shall be responsible for providing school districts with | 19 |
| the
new and additional funding, under Section 2-3.51.5 or by | 20 |
| other or additional
means, that is required to enable the | 21 |
| districts to operate remediation programs
for the pupils who | 22 |
| are required to enroll in and attend those programs under
this | 23 |
| Section. Every individualized educational program as described | 24 |
| in Article
14 shall identify if the State test or components | 25 |
| thereof are appropriate for
that student. The State Board of | 26 |
| Education shall develop rules and
regulations governing the | 27 |
| administration of alternative tests prescribed within
each | 28 |
| student's individualized educational program which are | 29 |
| appropriate to the
disability of each student.
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| All pupils who are in a State approved
transitional | 31 |
| bilingual education program or transitional program of | 32 |
| instruction
shall participate in the State
tests. Any student | 33 |
| who has been enrolled in a
State approved bilingual education | 34 |
| program less than 3 cumulative academic
years may take an |
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| accommodated State test, to be known as the Illinois
Measure of | 2 |
| Annual Growth in English
(IMAGE), if the student's lack of | 3 |
| English as determined by an English
language
proficiency test | 4 |
| would keep the student from understanding the regular
State | 5 |
| test. If the
school district determines, on a case-by-case | 6 |
| individual basis,
that IMAGE would likely yield more accurate | 7 |
| and reliable information on
what the student knows and can do, | 8 |
| the school district may make a
determination to assess the | 9 |
| student using IMAGE for a period that does
not exceed 2 | 10 |
| additional consecutive years, provided that the student has
not | 11 |
| yet reached a level of English language proficiency sufficient | 12 |
| to yield
valid and reliable information on what the student | 13 |
| knows and can do on
the regular State test.
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| Reasonable accommodations as prescribed by
the State Board | 15 |
| of Education shall be provided for individual students in the
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| testing procedure. All test procedures prescribed by the State | 17 |
| Board of
Education shall require: (i) that each test used for | 18 |
| State and local student
testing under this Section identify by | 19 |
| name the pupil taking the test; (ii)
that the name of the pupil | 20 |
| taking the test be placed on the test at the time
the test is | 21 |
| taken; (iii) that the results or scores of each test taken | 22 |
| under
this Section by a pupil of the school district be | 23 |
| reported to that district and
identify by name the pupil who | 24 |
| received the reported results or scores; and
(iv) that the | 25 |
| results or scores of each test taken under this Section be made
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| available to the parents of the pupil. In addition, in each | 27 |
| school year the highest
scores
attained by
a student on the | 28 |
| Prairie State Achievement
Examination administered under | 29 |
| subsection (c) of this Section and any Prairie
State | 30 |
| Achievement Awards received by the student shall become part
of | 31 |
| the student's permanent record and shall be entered on the | 32 |
| student's
transcript pursuant to regulations that the State | 33 |
| Board of Education shall
promulgate for that purpose in | 34 |
| accordance with Section 3 and subsection (e) of
Section 2 of |
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| the Illinois School Student Records Act. Beginning with the
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| 1998-1999 school year and in every school year thereafter, | 3 |
| scores received by
students on the State assessment tests | 4 |
| administered in grades 3 through 8 shall
be placed into | 5 |
| students' temporary records.
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| The State Board of Education shall
establish a
period of | 7 |
| time, to be referred to as the State test window, in each | 8 |
| school year for which State
testing shall occur to meet the | 9 |
| objectives of this Section. However, if the
schools of a | 10 |
| district are closed and classes are not scheduled during any | 11 |
| week
that is established by the State Board of Education as the | 12 |
| State test
window, the school district may
(at the discretion | 13 |
| of the State Board of Education) move its State test
window one | 14 |
| week earlier or one week later than the established State test
| 15 |
| window, so long as
the school district gives the State Board of | 16 |
| Education written notice of its
intention to deviate from the | 17 |
| established schedule by December 1 of the school
year in which | 18 |
| falls the State test window established by the State
Board of | 19 |
| Education for
the testing.
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| (a-5) All tests administered pursuant to this Section shall | 21 |
| be academically
based. For the purposes of this Section | 22 |
| "academically based tests" shall mean
tests consisting of | 23 |
| questions and answers that are measurable and quantifiable
to | 24 |
| measure the knowledge, skill, and ability of students in the | 25 |
| subject matters
covered by tests. The scoring of academically | 26 |
| based tests shall be reliable,
valid, unbiased and shall meet | 27 |
| the guidelines for test development and use
prescribed by the | 28 |
| American Psychological Association, the National Council of
| 29 |
| Measurement and Evaluation, and the American Educational | 30 |
| Research Association.
Academically based tests shall not | 31 |
| include assessments or evaluations of
attitudes, values, or | 32 |
| beliefs, or testing of personality, self-esteem, or
| 33 |
| self-concept. Nothing in this amendatory Act is intended, nor | 34 |
| shall it be
construed, to nullify, supersede, or contradict the |
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| legislative intent on
academic testing expressed during the | 2 |
| passage of HB 1005/P.A. 90-296.
Nothing in this Section is | 3 |
| intended, nor shall it be construed, to nullify,
supersede, or | 4 |
| contradict the legislative intent on academic testing
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| expressed in the preamble of this amendatory Act of the 93rd | 6 |
| General
Assembly.
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| The State Board of Education shall monitor the use of
short | 8 |
| answer
questions in the math
and reading assessments or in | 9 |
| other assessments in order to demonstrate that the use of short
| 10 |
| answer questions results in a statistically significant | 11 |
| improvement in student
achievement as measured on the State | 12 |
| assessments for math and reading or on
other State assessments | 13 |
| and is
justifiable in terms of cost and student performance.
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| (b) It shall be the policy of the State to encourage school | 15 |
| districts
to continuously test pupil proficiency in the | 16 |
| fundamental learning areas in
order to: (i) provide timely | 17 |
| information on individual students' performance
relative to | 18 |
| State standards that is adequate to guide instructional | 19 |
| strategies;
(ii) improve future instruction; and (iii) | 20 |
| complement the information provided
by the State testing system | 21 |
| described in this Section. Each district's school
improvement | 22 |
| plan must address specific activities the district intends to
| 23 |
| implement to assist pupils who by teacher judgment and test | 24 |
| results as
prescribed in subsection (a) of this Section | 25 |
| demonstrate that they are not
meeting State standards or local | 26 |
| objectives. Such activities may include, but
shall not be | 27 |
| limited to, summer school, extended school day, special | 28 |
| homework,
tutorial sessions, modified instructional materials, | 29 |
| other modifications in the
instructional program, reduced | 30 |
| class size or retention in grade. To assist
school districts in | 31 |
| testing pupil proficiency in reading in the primary grades,
the | 32 |
| State Board shall make optional reading inventories for | 33 |
| diagnostic purposes
available to each school district that | 34 |
| requests such assistance. Districts
that administer the |
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| reading inventories may develop remediation programs for
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| students who perform in the bottom half of the student | 3 |
| population. Those
remediation programs may be funded by moneys | 4 |
| provided under the School Safety
and Educational Improvement | 5 |
| Block Grant Program established under Section
2-3.51.5. | 6 |
| Nothing in this Section shall prevent school districts from
| 7 |
| implementing testing and remediation policies for grades not | 8 |
| required under
this Section.
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| (c) Beginning with the 2000-2001 school year, each school | 10 |
| district that
operates a high school program for students in | 11 |
| grades 9 through 12 shall
annually administer the Prairie State | 12 |
| Achievement Examination
established under this subsection to | 13 |
| its students as set forth
below. The Prairie State Achievement | 14 |
| Examination shall be developed by
the State Board of Education | 15 |
| to measure student performance in the academic
areas of | 16 |
| reading, writing, mathematics, science, and social sciences. | 17 |
| Beginning with the 2004-2005 school year, however, the State | 18 |
| Board of Education shall not test a student in writing and the | 19 |
| social sciences (history, geography, civics, economics, and | 20 |
| government) as part of the Prairie State Achievement | 21 |
| Examination unless the student is retaking the Prairie State | 22 |
| Achievement Examination in the fall of 2004. The
State Board of | 23 |
| Education shall establish the academic standards that are to
| 24 |
| apply in measuring student performance on the Prairie State | 25 |
| Achievement
Examination including the minimum examination | 26 |
| score in each area that will
qualify a student to receive a | 27 |
| Prairie State Achievement Award from the State
in recognition | 28 |
| of the student's excellent performance. Each school district
| 29 |
| that is subject to the requirements of this subsection (c) | 30 |
| shall afford all
students 2 opportunities to take the Prairie | 31 |
| State Achievement Examination
beginning as late as practical | 32 |
| during the second semester of grade 11, but in
no event before | 33 |
| March 1. The State Board of Education shall annually notify
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| districts of the weeks during which these test administrations |
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| shall be
required to occur. Every individualized educational | 2 |
| program as described in
Article 14 shall identify if the | 3 |
| Prairie State Achievement Examination or
components thereof | 4 |
| are appropriate for that student. Each student, exclusive of
a | 5 |
| student whose individualized educational program developed | 6 |
| under Article 14
identifies the Prairie State Achievement | 7 |
| Examination as inappropriate for the
student, shall be required | 8 |
| to take the examination in grade 11. For each
academic area the | 9 |
| State Board of Education shall establish the score that
| 10 |
| qualifies for the Prairie State Achievement Award on that | 11 |
| portion of the
examination. Any student who fails to earn a | 12 |
| qualifying score for a Prairie
State Achievement Award in any | 13 |
| one or more of the academic areas on the initial
test | 14 |
| administration or who wishes to improve his or her score on any | 15 |
| portion of
the examination shall be permitted to retake such | 16 |
| portion or portions of the
examination during grade 12. | 17 |
| Districts shall inform their students of the
timelines and | 18 |
| procedures applicable to their participation in every yearly
| 19 |
| administration of the Prairie State Achievement Examination. | 20 |
| Students
receiving special education services whose | 21 |
| individualized educational programs
identify the Prairie State | 22 |
| Achievement Examination as inappropriate for them
nevertheless | 23 |
| shall have the option of taking the examination, which shall be
| 24 |
| administered to those students in accordance with standards | 25 |
| adopted by the
State Board of Education to accommodate the | 26 |
| respective disabilities of those
students. A student who | 27 |
| successfully completes all other applicable high
school | 28 |
| graduation requirements but fails to receive a score on the | 29 |
| Prairie
State Achievement Examination that qualifies the | 30 |
| student for receipt of a
Prairie State Achievement Award shall | 31 |
| nevertheless qualify for the receipt
of a regular high school | 32 |
| diploma.
| 33 |
| (d) Beginning with the 2002-2003 school year, all schools | 34 |
| in this
State that are part of the sample drawn by the National |
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| Center for
Education Statistics, in collaboration with their | 2 |
| school districts and the
State Board of Education, shall | 3 |
| administer the biennial State academic
assessments of 4th and | 4 |
| 8th grade reading and mathematics under the
National Assessment | 5 |
| of Educational Progress carried out under Section
m11(b)(2) of | 6 |
| the National Education Statistics Act of 1994 (20 U.S.C.
9010) | 7 |
| if the Secretary of Education pays the costs of administering | 8 |
| the
assessments.
| 9 |
| (e) Beginning no later than the 2005-2006 school year, | 10 |
| subject to
available federal funds to this State for the | 11 |
| purpose of student
assessment, the State Board of Education | 12 |
| shall provide additional tests
and assessment resources that | 13 |
| may be used by school districts for local
diagnostic purposes. | 14 |
| These tests and resources shall include without
limitation | 15 |
| additional high school writing, physical development and
| 16 |
| health, and fine arts assessments. The State Board of Education | 17 |
| shall
annually distribute a listing of these additional tests | 18 |
| and resources,
using funds available from appropriations made | 19 |
| for student assessment
purposes.
| 20 |
| (f) For the assessment and accountability purposes of this | 21 |
| Section,
"all pupils" includes those pupils enrolled in a | 22 |
| public or
State-operated elementary school, secondary school, | 23 |
| or cooperative or
joint agreement with a governing body or | 24 |
| board of control, a charter
school operating in compliance with | 25 |
| the Charter Schools Law, a school
operated by a regional office | 26 |
| of education under Section 13A-3 of this
Code, or a public | 27 |
| school administered by a local public agency or the
Department | 28 |
| of Human Services.
| 29 |
| (Source: P.A. 92-604, eff. 7-1-02; 93-426, eff. 8-5-03.)
| 30 |
| (105 ILCS 5/2-3.131)
| 31 |
| Sec. 2-3.131. FY2004 Transitional assistance payments.
| 32 |
| (a) If the amount that
the State Board of Education will | 33 |
| pay to
a school
district from fiscal year 2004 appropriations, |
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| as estimated by the State
Board of Education on April 1, 2004, | 2 |
| is less than the amount that the
State Board of Education paid | 3 |
| to the school district from fiscal year 2003
appropriations, | 4 |
| then, subject to appropriation, the State Board of
Education | 5 |
| shall make a fiscal year 2004 transitional assistance payment
| 6 |
| to the school district in an amount equal to the difference | 7 |
| between the
estimated amount to be paid from fiscal year 2004 | 8 |
| appropriations and
the amount paid from fiscal year 2003 | 9 |
| appropriations.
| 10 |
| (b) If the amount that
the State Board of Education will | 11 |
| pay to
a school
district from fiscal year 2005 appropriations, | 12 |
| as estimated by the State
Board of Education on April 1, 2005, | 13 |
| is less than the amount that the
State Board of Education paid | 14 |
| to the school district from fiscal year 2004
appropriations, | 15 |
| then the State Board of
Education shall make a fiscal year 2005 | 16 |
| transitional assistance payment
to the school district in an | 17 |
| amount equal to the difference between the
estimated amount to | 18 |
| be paid from fiscal year 2005 appropriations and
the amount | 19 |
| paid from fiscal year 2004 appropriations.
| 20 |
| (Source: P.A. 93-21, eff. 7-1-03.)
| 21 |
| (105 ILCS 5/18-8.05)
| 22 |
| Sec. 18-8.05. Basis for apportionment of general State | 23 |
| financial aid and
supplemental general State aid to the common | 24 |
| schools for the 1998-1999 and
subsequent school years.
| 25 |
| (A) General Provisions.
| 26 |
| (1) The provisions of this Section apply to the 1998-1999 | 27 |
| and subsequent
school years. The system of general State | 28 |
| financial aid provided for in this
Section
is designed to | 29 |
| assure that, through a combination of State financial aid and
| 30 |
| required local resources, the financial support provided each | 31 |
| pupil in Average
Daily Attendance equals or exceeds a
| 32 |
| prescribed per pupil Foundation Level. This formula approach |
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| imputes a level
of per pupil Available Local Resources and | 2 |
| provides for the basis to calculate
a per pupil level of | 3 |
| general State financial aid that, when added to Available
Local | 4 |
| Resources, equals or exceeds the Foundation Level. The
amount | 5 |
| of per pupil general State financial aid for school districts, | 6 |
| in
general, varies in inverse
relation to Available Local | 7 |
| Resources. Per pupil amounts are based upon
each school | 8 |
| district's Average Daily Attendance as that term is defined in | 9 |
| this
Section.
| 10 |
| (2) In addition to general State financial aid, school | 11 |
| districts with
specified levels or concentrations of pupils | 12 |
| from low income households are
eligible to receive supplemental | 13 |
| general State financial aid grants as provided
pursuant to | 14 |
| subsection (H).
The supplemental State aid grants provided for | 15 |
| school districts under
subsection (H) shall be appropriated for | 16 |
| distribution to school districts as
part of the same line item | 17 |
| in which the general State financial aid of school
districts is | 18 |
| appropriated under this Section.
| 19 |
| (3) To receive financial assistance under this Section, | 20 |
| school districts
are required to file claims with the State | 21 |
| Board of Education, subject to the
following requirements:
| 22 |
| (a) Any school district which fails for any given | 23 |
| school year to maintain
school as required by law, or to | 24 |
| maintain a recognized school is not
eligible to file for | 25 |
| such school year any claim upon the Common School
Fund. In | 26 |
| case of nonrecognition of one or more attendance centers in | 27 |
| a
school district otherwise operating recognized schools, | 28 |
| the claim of the
district shall be reduced in the | 29 |
| proportion which the Average Daily
Attendance in the | 30 |
| attendance center or centers bear to the Average Daily
| 31 |
| Attendance in the school district. A "recognized school" | 32 |
| means any
public school which meets the standards as | 33 |
| established for recognition
by the State Board of | 34 |
| Education. A school district or attendance center
not |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| having recognition status at the end of a school term is | 2 |
| entitled to
receive State aid payments due upon a legal | 3 |
| claim which was filed while
it was recognized.
| 4 |
| (b) School district claims filed under this Section are | 5 |
| subject to
Sections 18-9, 18-10, and 18-12, except as | 6 |
| otherwise provided in this
Section.
| 7 |
| (c) If a school district operates a full year school | 8 |
| under Section
10-19.1, the general State aid to the school | 9 |
| district shall be determined
by the State Board of | 10 |
| Education in accordance with this Section as near as
may be | 11 |
| applicable.
| 12 |
| (d) (Blank).
| 13 |
| (4) Except as provided in subsections (H) and (L), the | 14 |
| board of any district
receiving any of the grants provided for | 15 |
| in this Section may apply those funds
to any fund so received | 16 |
| for which that board is authorized to make expenditures
by law.
| 17 |
| School districts are not required to exert a minimum | 18 |
| Operating Tax Rate in
order to qualify for assistance under | 19 |
| this Section.
| 20 |
| (5) As used in this Section the following terms, when | 21 |
| capitalized, shall
have the meaning ascribed herein:
| 22 |
| (a) "Average Daily Attendance": A count of pupil | 23 |
| attendance in school,
averaged as provided for in | 24 |
| subsection (C) and utilized in deriving per pupil
financial | 25 |
| support levels.
| 26 |
| (b) "Available Local Resources": A computation of | 27 |
| local financial
support, calculated on the basis of Average | 28 |
| Daily Attendance and derived as
provided pursuant to | 29 |
| subsection (D).
| 30 |
| (c) "Corporate Personal Property Replacement Taxes": | 31 |
| Funds paid to local
school districts pursuant to "An Act in | 32 |
| relation to the abolition of ad valorem
personal property | 33 |
| tax and the replacement of revenues lost thereby, and
| 34 |
| amending and repealing certain Acts and parts of Acts in |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| connection therewith",
certified August 14, 1979, as | 2 |
| amended (Public Act 81-1st S.S.-1).
| 3 |
| (d) "Foundation Level": A prescribed level of per pupil | 4 |
| financial support
as provided for in subsection (B).
| 5 |
| (e) "Operating Tax Rate": All school district property | 6 |
| taxes extended for
all purposes, except Bond and
Interest, | 7 |
| Summer School, Rent, Capital Improvement, and Vocational | 8 |
| Education
Building purposes.
| 9 |
| (B) Foundation Level.
| 10 |
| (1) The Foundation Level is a figure established by the | 11 |
| State representing
the minimum level of per pupil financial | 12 |
| support that should be available to
provide for the basic | 13 |
| education of each pupil in
Average Daily Attendance. As set | 14 |
| forth in this Section, each school district
is assumed to exert
| 15 |
| a sufficient local taxing effort such that, in combination with | 16 |
| the aggregate
of general State
financial aid provided the | 17 |
| district, an aggregate of State and local resources
are | 18 |
| available to meet
the basic education needs of pupils in the | 19 |
| district.
| 20 |
| (2) For the 1998-1999 school year, the Foundation Level of | 21 |
| support is
$4,225. For the 1999-2000 school year, the | 22 |
| Foundation Level of support is
$4,325. For the 2000-2001 school | 23 |
| year, the Foundation Level of support is
$4,425. (3) For the | 24 |
| 2001-2002 school year and 2002-2003 school year, the
Foundation | 25 |
| Level of support is $4,560. For the 2003-2004 school year, the | 26 |
| Foundation Level of support is $4,810.
| 27 |
| (3)
(4) For the 2004-2005
2003-2004 school year and each | 28 |
| school year thereafter,
the Foundation Level of support is | 29 |
| $4,964
$4,810 or such greater amount as
may be established by | 30 |
| law by the General Assembly.
| 31 |
| (C) Average Daily Attendance.
| 32 |
| (1) For purposes of calculating general State aid pursuant |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| to subsection
(E), an Average Daily Attendance figure shall be | 2 |
| utilized. The Average Daily
Attendance figure for formula
| 3 |
| calculation purposes shall be the monthly average of the actual | 4 |
| number of
pupils in attendance of
each school district, as | 5 |
| further averaged for the best 3 months of pupil
attendance for | 6 |
| each
school district. In compiling the figures for the number | 7 |
| of pupils in
attendance, school districts
and the State Board | 8 |
| of Education shall, for purposes of general State aid
funding, | 9 |
| conform
attendance figures to the requirements of subsection | 10 |
| (F).
| 11 |
| (2) The Average Daily Attendance figures utilized in | 12 |
| subsection (E) shall be
the requisite attendance data for the | 13 |
| school year immediately preceding
the
school year for which | 14 |
| general State aid is being calculated
or the average of the | 15 |
| attendance data for the 3 preceding school
years, whichever is | 16 |
| greater. The Average Daily Attendance figures
utilized in | 17 |
| subsection (H) shall be the requisite attendance data for the
| 18 |
| school year immediately preceding the school year for which | 19 |
| general
State aid is being calculated.
| 20 |
| (D) Available Local Resources.
| 21 |
| (1) For purposes of calculating general State aid pursuant | 22 |
| to subsection
(E), a representation of Available Local | 23 |
| Resources per pupil, as that term is
defined and determined in | 24 |
| this subsection, shall be utilized. Available Local
Resources | 25 |
| per pupil shall include a calculated
dollar amount representing | 26 |
| local school district revenues from local property
taxes and | 27 |
| from
Corporate Personal Property Replacement Taxes, expressed | 28 |
| on the basis of pupils
in Average
Daily Attendance.
| 29 |
| (2) In determining a school district's revenue from local | 30 |
| property taxes,
the State Board of Education shall utilize the | 31 |
| equalized assessed valuation of
all taxable property of each | 32 |
| school
district as of September 30 of the previous year. The | 33 |
| equalized assessed
valuation utilized shall
be obtained and |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| determined as provided in subsection (G).
| 2 |
| (3) For school districts maintaining grades kindergarten | 3 |
| through 12, local
property tax
revenues per pupil shall be | 4 |
| calculated as the product of the applicable
equalized assessed
| 5 |
| valuation for the district multiplied by 3.00%, and divided by | 6 |
| the district's
Average Daily
Attendance figure. For school | 7 |
| districts maintaining grades kindergarten
through 8, local
| 8 |
| property tax revenues per pupil shall be calculated as the | 9 |
| product of the
applicable equalized
assessed valuation for the | 10 |
| district multiplied by 2.30%, and divided by the
district's | 11 |
| Average
Daily Attendance figure. For school districts | 12 |
| maintaining grades 9 through 12,
local property
tax revenues | 13 |
| per pupil shall be the applicable equalized assessed valuation | 14 |
| of
the district
multiplied by 1.05%, and divided by the | 15 |
| district's Average Daily
Attendance
figure.
| 16 |
| (4) The Corporate Personal Property Replacement Taxes paid | 17 |
| to each school
district during the calendar year 2 years before | 18 |
| the calendar year in which a
school year begins, divided by the | 19 |
| Average Daily Attendance figure for that
district, shall be | 20 |
| added to the local property tax revenues per pupil as
derived | 21 |
| by the application of the immediately preceding paragraph (3). | 22 |
| The sum
of these per pupil figures for each school district | 23 |
| shall constitute Available
Local Resources as that term is | 24 |
| utilized in subsection (E) in the calculation
of general State | 25 |
| aid.
| 26 |
| (E) Computation of General State Aid.
| 27 |
| (1) For each school year, the amount of general State aid | 28 |
| allotted to a
school district shall be computed by the State | 29 |
| Board of Education as provided
in this subsection.
| 30 |
| (2) For any school district for which Available Local | 31 |
| Resources per pupil
is less than the product of 0.93 times the | 32 |
| Foundation Level, general State aid
for that district shall be | 33 |
| calculated as an amount equal to the Foundation
Level minus |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| Available Local Resources, multiplied by the Average Daily
| 2 |
| Attendance of the school district.
| 3 |
| (3) For any school district for which Available Local | 4 |
| Resources per pupil
is equal to or greater than the product of | 5 |
| 0.93 times the Foundation Level and
less than the product of | 6 |
| 1.75 times the Foundation Level, the general State aid
per | 7 |
| pupil shall be a decimal proportion of the Foundation Level | 8 |
| derived using a
linear algorithm. Under this linear algorithm, | 9 |
| the calculated general State
aid per pupil shall decline in | 10 |
| direct linear fashion from 0.07 times the
Foundation Level for | 11 |
| a school district with Available Local Resources equal to
the | 12 |
| product of 0.93 times the Foundation Level, to 0.05 times the | 13 |
| Foundation
Level for a school district with Available Local | 14 |
| Resources equal to the product
of 1.75 times the Foundation | 15 |
| Level. The allocation of general
State aid for school districts | 16 |
| subject to this paragraph 3 shall be the
calculated general | 17 |
| State aid
per pupil figure multiplied by the Average Daily | 18 |
| Attendance of the school
district.
| 19 |
| (4) For any school district for which Available Local | 20 |
| Resources per pupil
equals or exceeds the product of 1.75 times | 21 |
| the Foundation Level, the general
State aid for the school | 22 |
| district shall be calculated as the product of $218
multiplied | 23 |
| by the Average Daily Attendance of the school
district.
| 24 |
| (5) The amount of general State aid allocated to a school | 25 |
| district for
the 1999-2000 school year meeting the requirements | 26 |
| set forth in paragraph (4)
of subsection
(G) shall be increased | 27 |
| by an amount equal to the general State aid that
would have | 28 |
| been received by the district for the 1998-1999 school year by
| 29 |
| utilizing the Extension Limitation Equalized Assessed | 30 |
| Valuation as calculated
in paragraph (4) of subsection (G) less | 31 |
| the general State aid allotted for the
1998-1999
school year. | 32 |
| This amount shall be deemed a one time increase, and shall not
| 33 |
| affect any future general State aid allocations.
|
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| (F) Compilation of Average Daily Attendance.
| 2 |
| (1) Each school district shall, by July 1 of each year, | 3 |
| submit to the State
Board of Education, on forms prescribed by | 4 |
| the State Board of Education,
attendance figures for the school | 5 |
| year that began in the preceding calendar
year. The attendance | 6 |
| information so transmitted shall identify the average
daily | 7 |
| attendance figures for each month of the school year. Beginning | 8 |
| with
the general State aid claim form for the 2002-2003 school
| 9 |
| year, districts shall calculate Average Daily Attendance as | 10 |
| provided in
subdivisions (a), (b), and (c) of this paragraph | 11 |
| (1).
| 12 |
| (a) In districts that do not hold year-round classes,
| 13 |
| days of attendance in August shall be added to the month of | 14 |
| September and any
days of attendance in June shall be added | 15 |
| to the month of May.
| 16 |
| (b) In districts in which all buildings hold year-round | 17 |
| classes,
days of attendance in July and August shall be | 18 |
| added to the month
of September and any days of attendance | 19 |
| in June shall be added to
the month of May.
| 20 |
| (c) In districts in which some buildings, but not all, | 21 |
| hold
year-round classes, for the non-year-round buildings, | 22 |
| days of
attendance in August shall be added to the month of | 23 |
| September
and any days of attendance in June shall be added | 24 |
| to the month of
May. The average daily attendance for the | 25 |
| year-round buildings
shall be computed as provided in | 26 |
| subdivision (b) of this paragraph
(1). To calculate the | 27 |
| Average Daily Attendance for the district, the
average | 28 |
| daily attendance for the year-round buildings shall be
| 29 |
| multiplied by the days in session for the non-year-round | 30 |
| buildings
for each month and added to the monthly | 31 |
| attendance of the
non-year-round buildings.
| 32 |
| Except as otherwise provided in this Section, days of
| 33 |
| attendance by pupils shall be counted only for sessions of not | 34 |
| less than
5 clock hours of school work per day under direct |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| supervision of: (i)
teachers, or (ii) non-teaching personnel or | 2 |
| volunteer personnel when engaging
in non-teaching duties and | 3 |
| supervising in those instances specified in
subsection (a) of | 4 |
| Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | 5 |
| of legal school age and in kindergarten and grades 1 through | 6 |
| 12.
| 7 |
| Days of attendance by tuition pupils shall be accredited | 8 |
| only to the
districts that pay the tuition to a recognized | 9 |
| school.
| 10 |
| (2) Days of attendance by pupils of less than 5 clock hours | 11 |
| of school
shall be subject to the following provisions in the | 12 |
| compilation of Average
Daily Attendance.
| 13 |
| (a) Pupils regularly enrolled in a public school for | 14 |
| only a part of
the school day may be counted on the basis | 15 |
| of 1/6 day for every class hour
of instruction of 40 | 16 |
| minutes or more attended pursuant to such enrollment,
| 17 |
| unless a pupil is
enrolled in a block-schedule format of 80 | 18 |
| minutes or more of instruction,
in which case the pupil may | 19 |
| be counted on the basis of the proportion of
minutes of | 20 |
| school work completed each day to the minimum number of
| 21 |
| minutes that school work is required to be held that day.
| 22 |
| (b) Days of attendance may be less than 5 clock hours | 23 |
| on the opening
and closing of the school term, and upon the | 24 |
| first day of pupil
attendance, if preceded by a day or days | 25 |
| utilized as an institute or
teachers' workshop.
| 26 |
| (c) A session of 4 or more clock hours may be counted | 27 |
| as a day of
attendance upon certification by the regional | 28 |
| superintendent, and
approved by the State Superintendent | 29 |
| of Education to the extent that the
district has been | 30 |
| forced to use daily multiple sessions.
| 31 |
| (d) A session of 3 or more clock hours may be counted | 32 |
| as a day of
attendance (1) when the remainder of the school | 33 |
| day or at least
2 hours in the evening of that day is | 34 |
| utilized for an
in-service training program for teachers, |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| up to a maximum of 5 days per
school year of which a | 2 |
| maximum of 4 days of such 5 days may be used for
| 3 |
| parent-teacher conferences, provided a district conducts | 4 |
| an in-service
training program for teachers which has been | 5 |
| approved by the State
Superintendent of Education; or, in | 6 |
| lieu of 4 such days, 2 full days may
be used, in which | 7 |
| event each such day
may be counted as a day of attendance; | 8 |
| and (2) when days in
addition to
those provided in item (1) | 9 |
| are scheduled by a school pursuant to its school
| 10 |
| improvement plan adopted under Article 34 or its revised or | 11 |
| amended school
improvement plan adopted under Article 2, | 12 |
| provided that (i) such sessions of
3 or more clock hours | 13 |
| are scheduled to occur at regular intervals, (ii) the
| 14 |
| remainder of the school days in which such sessions occur | 15 |
| are utilized
for in-service training programs or other | 16 |
| staff development activities for
teachers, and (iii) a | 17 |
| sufficient number of minutes of school work under the
| 18 |
| direct supervision of teachers are added to the school days | 19 |
| between such
regularly scheduled sessions to accumulate | 20 |
| not less than the number of minutes
by which such sessions | 21 |
| of 3 or more clock hours fall short of 5 clock hours.
Any | 22 |
| full days used for the purposes of this paragraph shall not | 23 |
| be considered
for
computing average daily attendance. Days | 24 |
| scheduled for in-service training
programs, staff | 25 |
| development activities, or parent-teacher conferences may | 26 |
| be
scheduled separately for different
grade levels and | 27 |
| different attendance centers of the district.
| 28 |
| (e) A session of not less than one clock hour of | 29 |
| teaching
hospitalized or homebound pupils on-site or by | 30 |
| telephone to the classroom may
be counted as 1/2 day of | 31 |
| attendance, however these pupils must receive 4 or
more | 32 |
| clock hours of instruction to be counted for a full day of | 33 |
| attendance.
| 34 |
| (f) A session of at least 4 clock hours may be counted |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| as a day of
attendance for first grade pupils, and pupils | 2 |
| in full day kindergartens,
and a session of 2 or more hours | 3 |
| may be counted as 1/2 day of attendance by
pupils in | 4 |
| kindergartens which provide only 1/2 day of attendance.
| 5 |
| (g) For children with disabilities who are below the | 6 |
| age of 6 years and
who
cannot attend 2 or more clock hours | 7 |
| because of their disability or
immaturity, a session of not | 8 |
| less than one clock hour may be counted as 1/2 day
of | 9 |
| attendance; however for such children whose educational | 10 |
| needs so require
a session of 4 or more clock hours may be | 11 |
| counted as a full day of attendance.
| 12 |
| (h) A recognized kindergarten which provides for only | 13 |
| 1/2 day of
attendance by each pupil shall not have more | 14 |
| than 1/2 day of attendance
counted in any one day. However, | 15 |
| kindergartens may count 2 1/2 days
of
attendance in any 5 | 16 |
| consecutive school days. When a pupil attends such a
| 17 |
| kindergarten for 2 half days on any one school day, the | 18 |
| pupil shall have
the following day as a day absent from | 19 |
| school, unless the school district
obtains permission in | 20 |
| writing from the State Superintendent of Education.
| 21 |
| Attendance at kindergartens which provide for a full day of | 22 |
| attendance by
each pupil shall be counted the same as | 23 |
| attendance by first grade pupils.
Only the first year of | 24 |
| attendance in one kindergarten shall be counted,
except in | 25 |
| case of children who entered the kindergarten in their | 26 |
| fifth year
whose educational development requires a second | 27 |
| year of kindergarten as
determined under the rules and | 28 |
| regulations of the State Board of Education.
| 29 |
| (G) Equalized Assessed Valuation Data.
| 30 |
| (1) For purposes of the calculation of Available Local | 31 |
| Resources required
pursuant to subsection (D), the
State Board | 32 |
| of Education shall secure from the Department of
Revenue the | 33 |
| value as equalized or assessed by the Department of Revenue of
|
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| all taxable property of every school district, together with | 2 |
| (i) the applicable
tax rate used in extending taxes for the | 3 |
| funds of the district as of
September 30 of the previous year
| 4 |
| and (ii) the limiting rate for all school
districts subject to | 5 |
| property tax extension limitations as imposed under the
| 6 |
| Property Tax Extension Limitation Law.
| 7 |
| This equalized assessed valuation, as adjusted further by | 8 |
| the requirements of
this subsection, shall be utilized in the | 9 |
| calculation of Available Local
Resources.
| 10 |
| (2) The equalized assessed valuation in paragraph (1) shall | 11 |
| be adjusted, as
applicable, in the following manner:
| 12 |
| (a) For the purposes of calculating State aid under | 13 |
| this Section,
with respect to any part of a school district | 14 |
| within a redevelopment
project area in respect to which a | 15 |
| municipality has adopted tax
increment allocation | 16 |
| financing pursuant to the Tax Increment Allocation
| 17 |
| Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | 18 |
| of the Illinois
Municipal Code or the Industrial Jobs | 19 |
| Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | 20 |
| Illinois Municipal Code, no part of the current equalized
| 21 |
| assessed valuation of real property located in any such | 22 |
| project area which is
attributable to an increase above the | 23 |
| total initial equalized assessed
valuation of such | 24 |
| property shall be used as part of the equalized assessed
| 25 |
| valuation of the district, until such time as all
| 26 |
| redevelopment project costs have been paid, as provided in | 27 |
| Section 11-74.4-8
of the Tax Increment Allocation | 28 |
| Redevelopment Act or in Section 11-74.6-35 of
the | 29 |
| Industrial Jobs Recovery Law. For the purpose of
the | 30 |
| equalized assessed valuation of the
district, the total | 31 |
| initial equalized assessed valuation or the current
| 32 |
| equalized assessed valuation, whichever is lower, shall be | 33 |
| used until
such time as all redevelopment project costs | 34 |
| have been paid.
|
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| (b) The real property equalized assessed valuation for | 2 |
| a school district
shall be adjusted by subtracting from the | 3 |
| real property
value as equalized or assessed by the | 4 |
| Department of Revenue for the
district an amount computed | 5 |
| by dividing the amount of any abatement of
taxes under | 6 |
| Section 18-170 of the Property Tax Code by 3.00% for a | 7 |
| district
maintaining grades kindergarten through 12, by | 8 |
| 2.30% for a district
maintaining grades kindergarten | 9 |
| through 8, or by 1.05% for a
district
maintaining grades 9 | 10 |
| through 12 and adjusted by an amount computed by dividing
| 11 |
| the amount of any abatement of taxes under subsection (a) | 12 |
| of Section 18-165 of
the Property Tax Code by the same | 13 |
| percentage rates for district type as
specified in this | 14 |
| subparagraph (b).
| 15 |
| (3) For the 1999-2000 school year and each school year | 16 |
| thereafter, if a
school district meets all of the criteria of | 17 |
| this subsection (G)(3), the school
district's Available Local | 18 |
| Resources shall be calculated under subsection (D)
using the | 19 |
| district's Extension Limitation Equalized Assessed Valuation | 20 |
| as
calculated under this
subsection (G)(3).
| 21 |
| For purposes of this subsection (G)(3) the following terms | 22 |
| shall have
the following meanings:
| 23 |
| "Budget Year": The school year for which general State | 24 |
| aid is calculated
and
awarded under subsection (E).
| 25 |
| "Base Tax Year": The property tax levy year used to | 26 |
| calculate the Budget
Year
allocation of general State aid.
| 27 |
| "Preceding Tax Year": The property tax levy year | 28 |
| immediately preceding the
Base Tax Year.
| 29 |
| "Base Tax Year's Tax Extension": The product of the | 30 |
| equalized assessed
valuation utilized by the County Clerk | 31 |
| in the Base Tax Year multiplied by the
limiting rate as | 32 |
| calculated by the County Clerk and defined in the Property | 33 |
| Tax
Extension Limitation Law.
| 34 |
| "Preceding Tax Year's Tax Extension": The product of |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| the equalized assessed
valuation utilized by the County | 2 |
| Clerk in the Preceding Tax Year multiplied by
the Operating | 3 |
| Tax Rate as defined in subsection (A).
| 4 |
| "Extension Limitation Ratio": A numerical ratio, | 5 |
| certified by the
County Clerk, in which the numerator is | 6 |
| the Base Tax Year's Tax
Extension and the denominator is | 7 |
| the Preceding Tax Year's Tax Extension.
| 8 |
| "Operating Tax Rate": The operating tax rate as defined | 9 |
| in subsection (A).
| 10 |
| If a school district is subject to property tax extension | 11 |
| limitations as
imposed under
the Property Tax Extension | 12 |
| Limitation Law, the State Board of Education shall
calculate | 13 |
| the Extension
Limitation
Equalized Assessed Valuation of that | 14 |
| district. For the 1999-2000 school
year, the
Extension | 15 |
| Limitation Equalized Assessed Valuation of a school district as
| 16 |
| calculated by the State Board of Education shall be equal to | 17 |
| the product of the
district's 1996 Equalized Assessed Valuation | 18 |
| and the district's Extension
Limitation Ratio. For the | 19 |
| 2000-2001 school year and each school year
thereafter,
the | 20 |
| Extension Limitation Equalized Assessed Valuation of a school | 21 |
| district as
calculated by the State Board of Education shall be | 22 |
| equal to the product of
the Equalized Assessed Valuation last | 23 |
| used in the calculation of general State
aid and the
district's | 24 |
| Extension Limitation Ratio. If the Extension Limitation
| 25 |
| Equalized
Assessed Valuation of a school district as calculated | 26 |
| under
this subsection (G)(3) is less than the district's | 27 |
| equalized assessed valuation
as calculated pursuant to | 28 |
| subsections (G)(1) and (G)(2), then for purposes of
calculating | 29 |
| the district's general State aid for the Budget Year pursuant | 30 |
| to
subsection (E), that Extension
Limitation Equalized | 31 |
| Assessed Valuation shall be utilized to calculate the
| 32 |
| district's Available Local Resources
under subsection (D).
| 33 |
| (4) For the purposes of calculating general State aid for | 34 |
| the 1999-2000
school year only, if a school district |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| experienced a triennial reassessment on
the equalized assessed | 2 |
| valuation used in calculating its general State
financial aid | 3 |
| apportionment for the 1998-1999 school year, the State Board of
| 4 |
| Education shall calculate the Extension Limitation Equalized | 5 |
| Assessed Valuation
that would have been used to calculate the | 6 |
| district's 1998-1999 general State
aid. This amount shall equal | 7 |
| the product of the equalized assessed valuation
used to
| 8 |
| calculate general State aid for the 1997-1998 school year and | 9 |
| the district's
Extension Limitation Ratio. If the Extension | 10 |
| Limitation Equalized Assessed
Valuation of the school district | 11 |
| as calculated under this paragraph (4) is
less than the | 12 |
| district's equalized assessed valuation utilized in | 13 |
| calculating
the
district's 1998-1999 general State aid | 14 |
| allocation, then for purposes of
calculating the district's | 15 |
| general State aid pursuant to paragraph (5) of
subsection (E),
| 16 |
| that Extension Limitation Equalized Assessed Valuation shall | 17 |
| be utilized to
calculate the district's Available Local | 18 |
| Resources.
| 19 |
| (5) For school districts having a majority of their | 20 |
| equalized assessed
valuation in any county except Cook, DuPage, | 21 |
| Kane, Lake, McHenry, or Will, if
the amount of general State | 22 |
| aid allocated to the school district for the
1999-2000 school | 23 |
| year under the provisions of subsection (E), (H), and (J) of
| 24 |
| this Section is less than the amount of general State aid | 25 |
| allocated to the
district for the 1998-1999 school year under | 26 |
| these subsections, then the
general
State aid of the district | 27 |
| for the 1999-2000 school year only shall be increased
by the | 28 |
| difference between these amounts. The total payments made under | 29 |
| this
paragraph (5) shall not exceed $14,000,000. Claims shall | 30 |
| be prorated if they
exceed $14,000,000.
| 31 |
| (H) Supplemental General State Aid.
| 32 |
| (1) In addition to the general State aid a school district | 33 |
| is allotted
pursuant to subsection (E), qualifying school |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| districts shall receive a grant,
paid in conjunction with a | 2 |
| district's payments of general State aid, for
supplemental | 3 |
| general State aid based upon the concentration level of | 4 |
| children
from low-income households within the school | 5 |
| district.
Supplemental State aid grants provided for school | 6 |
| districts under this
subsection shall be appropriated for | 7 |
| distribution to school districts as part
of the same line item | 8 |
| in which the general State financial aid of school
districts is | 9 |
| appropriated under this Section.
If the appropriation in any | 10 |
| fiscal year for general State aid and
supplemental general | 11 |
| State aid is insufficient to pay the amounts required
under the | 12 |
| general State aid and supplemental general State aid | 13 |
| calculations,
then the
State Board of Education shall ensure | 14 |
| that
each school district receives the full amount due for | 15 |
| general State aid
and the remainder of the appropriation shall | 16 |
| be used
for supplemental general State aid, which the State | 17 |
| Board of Education shall
calculate and pay to eligible | 18 |
| districts on a prorated basis.
| 19 |
| (1.5) This paragraph (1.5) applies only to those school | 20 |
| years
preceding the 2003-2004 school year.
For purposes of this
| 21 |
| subsection (H), the term "Low-Income Concentration Level" | 22 |
| shall be the
low-income
eligible pupil count from the most | 23 |
| recently available federal census divided by
the Average Daily | 24 |
| Attendance of the school district.
If, however, (i) the | 25 |
| percentage decrease from the 2 most recent federal
censuses
in | 26 |
| the low-income eligible pupil count of a high school district | 27 |
| with fewer
than 400 students exceeds by 75% or more the | 28 |
| percentage change in the total
low-income eligible pupil count | 29 |
| of contiguous elementary school districts,
whose boundaries | 30 |
| are coterminous with the high school district,
or (ii) a high | 31 |
| school district within 2 counties and serving 5 elementary
| 32 |
| school
districts, whose boundaries are coterminous with the | 33 |
| high school
district, has a percentage decrease from the 2 most | 34 |
| recent federal
censuses in the low-income eligible pupil count |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| and there is a percentage
increase in the total low-income | 2 |
| eligible pupil count of a majority of the
elementary school | 3 |
| districts in excess of 50% from the 2 most recent
federal | 4 |
| censuses, then
the
high school district's low-income eligible | 5 |
| pupil count from the earlier federal
census
shall be the number | 6 |
| used as the low-income eligible pupil count for the high
school | 7 |
| district, for purposes of this subsection (H).
The changes made | 8 |
| to this paragraph (1) by Public Act 92-28 shall apply to
| 9 |
| supplemental general State aid
grants for school years | 10 |
| preceding the 2003-2004 school year that are paid
in fiscal | 11 |
| year 1999 or thereafter
and to
any State aid payments made in | 12 |
| fiscal year 1994 through fiscal year
1998 pursuant to | 13 |
| subsection 1(n) of Section 18-8 of this Code (which was
| 14 |
| repealed on July 1, 1998), and any high school district that is | 15 |
| affected by
Public Act 92-28 is
entitled to a
recomputation of | 16 |
| its supplemental general State aid grant or State aid
paid in | 17 |
| any of those fiscal years. This recomputation shall not be
| 18 |
| affected by any other funding.
| 19 |
| (1.10) This paragraph (1.10) applies to the 2003-2004 | 20 |
| school year
and each school year thereafter. For purposes of | 21 |
| this subsection (H), the
term "Low-Income Concentration Level" | 22 |
| shall, for each fiscal year, be the
low-income eligible
pupil | 23 |
| count
as of July 1 of the immediately preceding fiscal year
(as | 24 |
| determined by the Department of Human Services based
on the | 25 |
| number of pupils
who are eligible for at least one of the | 26 |
| following
low income programs: Medicaid, KidCare, TANF, or Food | 27 |
| Stamps,
excluding pupils who are eligible for services provided | 28 |
| by the Department
of Children and Family Services,
averaged | 29 |
| over
the 2 immediately preceding fiscal years for fiscal year | 30 |
| 2004 and over the 3
immediately preceding fiscal years for each | 31 |
| fiscal year thereafter)
divided by the Average Daily Attendance | 32 |
| of the school district.
| 33 |
| (2) Supplemental general State aid pursuant to this | 34 |
| subsection (H) shall
be
provided as follows for the 1998-1999, |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| 1999-2000, and 2000-2001 school years
only:
| 2 |
| (a) For any school district with a Low Income | 3 |
| Concentration Level of at
least 20% and less than 35%, the | 4 |
| grant for any school year
shall be $800
multiplied by the | 5 |
| low income eligible pupil count.
| 6 |
| (b) For any school district with a Low Income | 7 |
| Concentration Level of at
least 35% and less than 50%, the | 8 |
| grant for the 1998-1999 school year shall be
$1,100 | 9 |
| multiplied by the low income eligible pupil count.
| 10 |
| (c) For any school district with a Low Income | 11 |
| Concentration Level of at
least 50% and less than 60%, the | 12 |
| grant for the 1998-99 school year shall be
$1,500 | 13 |
| multiplied by the low income eligible pupil count.
| 14 |
| (d) For any school district with a Low Income | 15 |
| Concentration Level of 60%
or more, the grant for the | 16 |
| 1998-99 school year shall be $1,900 multiplied by
the low | 17 |
| income eligible pupil count.
| 18 |
| (e) For the 1999-2000 school year, the per pupil amount | 19 |
| specified in
subparagraphs (b), (c), and (d) immediately | 20 |
| above shall be increased to $1,243,
$1,600, and $2,000, | 21 |
| respectively.
| 22 |
| (f) For the 2000-2001 school year, the per pupil | 23 |
| amounts specified in
subparagraphs (b), (c), and (d) | 24 |
| immediately above shall be
$1,273, $1,640, and $2,050, | 25 |
| respectively.
| 26 |
| (2.5) Supplemental general State aid pursuant to this | 27 |
| subsection (H)
shall be provided as follows for the 2002-2003 | 28 |
| school year:
| 29 |
| (a) For any school district with a Low Income | 30 |
| Concentration Level of less
than 10%, the grant for each | 31 |
| school year shall be $355 multiplied by the low
income | 32 |
| eligible pupil count.
| 33 |
| (b) For any school district with a Low Income | 34 |
| Concentration
Level of at least 10% and less than 20%, the |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| grant for each school year shall
be $675
multiplied by the | 2 |
| low income eligible pupil
count.
| 3 |
| (c) For any school district with a Low Income | 4 |
| Concentration
Level of at least 20% and less than 35%, the | 5 |
| grant for each school year shall
be $1,330
multiplied by | 6 |
| the low income eligible pupil
count.
| 7 |
| (d) For any school district with a Low Income | 8 |
| Concentration
Level of at least 35% and less than 50%, the | 9 |
| grant for each school year shall
be $1,362
multiplied by | 10 |
| the low income eligible pupil
count.
| 11 |
| (e) For any school district with a Low Income | 12 |
| Concentration
Level of at least 50% and less than 60%, the | 13 |
| grant for each school year shall
be $1,680
multiplied by | 14 |
| the low income eligible pupil
count.
| 15 |
| (f) For any school district with a Low Income | 16 |
| Concentration
Level of 60% or more, the grant for each | 17 |
| school year shall be $2,080
multiplied by the low income | 18 |
| eligible pupil count.
| 19 |
| (2.10) Except as otherwise provided, supplemental general | 20 |
| State aid
pursuant to this subsection
(H) shall be provided as | 21 |
| follows for the 2003-2004 school year and each
school year | 22 |
| thereafter:
| 23 |
| (a) For any school district with a Low Income | 24 |
| Concentration
Level of 15% or less, the grant for each | 25 |
| school year
shall be $355 multiplied by the low income | 26 |
| eligible pupil count.
| 27 |
| (b) For any school district with a Low Income | 28 |
| Concentration
Level greater than 15%, the grant for each | 29 |
| school year shall be
$294.25 added to the product of $2,700 | 30 |
| and the square of the Low
Income Concentration Level, all | 31 |
| multiplied by the low income
eligible pupil count.
| 32 |
| For the 2003-2004 school year and 2004-2005 school year
| 33 |
| only, the grant shall be no less than the
grant
for
the | 34 |
| 2002-2003 school year. For the 2005-2006
2004-2005 school year |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| only, the grant shall
be no
less than the grant for the | 2 |
| 2002-2003 school year multiplied by 0.66. For the
2006-2007
| 3 |
| 2005-2006
school year only, the grant shall be no less than the | 4 |
| grant for the 2002-2003
school year
multiplied by 0.33.
| 5 |
| For the 2003-2004 school year only, the grant shall be no | 6 |
| greater
than the grant received during the 2002-2003 school | 7 |
| year added to the
product of 0.25 multiplied by the difference | 8 |
| between the grant amount
calculated under subsection (a) or (b) | 9 |
| of this paragraph (2.10), whichever
is applicable, and the | 10 |
| grant received during the 2002-2003 school year.
For the | 11 |
| 2004-2005 school year only, the grant shall be no greater than
| 12 |
| the grant received during the 2002-2003 school year added to | 13 |
| the
product of 0.50 multiplied by the difference between the | 14 |
| grant amount
calculated under subsection (a) or (b) of this | 15 |
| paragraph (2.10), whichever
is applicable, and the grant | 16 |
| received during the 2002-2003 school year.
For the 2005-2006 | 17 |
| school year only, the grant shall be no greater than
the grant | 18 |
| received during the 2002-2003 school year added to the
product | 19 |
| of 0.75 multiplied by the difference between the grant amount
| 20 |
| calculated under subsection (a) or (b) of this paragraph | 21 |
| (2.10), whichever
is applicable, and the grant received during | 22 |
| the 2002-2003
school year.
| 23 |
| (3) School districts with an Average Daily Attendance of | 24 |
| more than 1,000
and less than 50,000 that qualify for | 25 |
| supplemental general State aid pursuant
to this subsection | 26 |
| shall submit a plan to the State Board of Education prior to
| 27 |
| October 30 of each year for the use of the funds resulting from | 28 |
| this grant of
supplemental general State aid for the | 29 |
| improvement of
instruction in which priority is given to | 30 |
| meeting the education needs of
disadvantaged children. Such | 31 |
| plan shall be submitted in accordance with
rules and | 32 |
| regulations promulgated by the State Board of Education.
| 33 |
| (4) School districts with an Average Daily Attendance of | 34 |
| 50,000 or more
that qualify for supplemental general State aid |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| pursuant to this subsection
shall be required to distribute | 2 |
| from funds available pursuant to this Section,
no less than | 3 |
| $261,000,000 in accordance with the following requirements:
| 4 |
| (a) The required amounts shall be distributed to the | 5 |
| attendance centers
within the district in proportion to the | 6 |
| number of pupils enrolled at each
attendance center who are | 7 |
| eligible to receive free or reduced-price lunches or
| 8 |
| breakfasts under the federal Child Nutrition Act of 1966 | 9 |
| and under the National
School Lunch Act during the | 10 |
| immediately preceding school year.
| 11 |
| (b) The distribution of these portions of supplemental | 12 |
| and general State
aid among attendance centers according to | 13 |
| these requirements shall not be
compensated for or | 14 |
| contravened by adjustments of the total of other funds
| 15 |
| appropriated to any attendance centers, and the Board of | 16 |
| Education shall
utilize funding from one or several sources | 17 |
| in order to fully implement this
provision annually prior | 18 |
| to the opening of school.
| 19 |
| (c) Each attendance center shall be provided by the
| 20 |
| school district a distribution of noncategorical funds and | 21 |
| other
categorical funds to which an attendance center is | 22 |
| entitled under law in
order that the general State aid and | 23 |
| supplemental general State aid provided
by application of | 24 |
| this subsection supplements rather than supplants the
| 25 |
| noncategorical funds and other categorical funds provided | 26 |
| by the school
district to the attendance centers.
| 27 |
| (d) Any funds made available under this subsection that | 28 |
| by reason of the
provisions of this subsection are not
| 29 |
| required to be allocated and provided to attendance centers | 30 |
| may be used and
appropriated by the board of the district | 31 |
| for any lawful school purpose.
| 32 |
| (e) Funds received by an attendance center
pursuant to | 33 |
| this
subsection shall be used
by the attendance center at | 34 |
| the discretion
of the principal and local school council |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| for programs to improve educational
opportunities at | 2 |
| qualifying schools through the following programs and
| 3 |
| services: early childhood education, reduced class size or | 4 |
| improved adult to
student classroom ratio, enrichment | 5 |
| programs, remedial assistance, attendance
improvement, and | 6 |
| other educationally beneficial expenditures which
| 7 |
| supplement
the regular and basic programs as determined by | 8 |
| the State Board of Education.
Funds provided shall not be | 9 |
| expended for any political or lobbying purposes
as defined | 10 |
| by board rule.
| 11 |
| (f) Each district subject to the provisions of this | 12 |
| subdivision (H)(4)
shall submit an
acceptable plan to meet | 13 |
| the educational needs of disadvantaged children, in
| 14 |
| compliance with the requirements of this paragraph, to the | 15 |
| State Board of
Education prior to July 15 of each year. | 16 |
| This plan shall be consistent with the
decisions of local | 17 |
| school councils concerning the school expenditure plans
| 18 |
| developed in accordance with part 4 of Section 34-2.3. The | 19 |
| State Board shall
approve or reject the plan within 60 days | 20 |
| after its submission. If the plan is
rejected, the district | 21 |
| shall give written notice of intent to modify the plan
| 22 |
| within 15 days of the notification of rejection and then | 23 |
| submit a modified plan
within 30 days after the date of the | 24 |
| written notice of intent to modify.
Districts may amend | 25 |
| approved plans pursuant to rules promulgated by the State
| 26 |
| Board of Education.
| 27 |
| Upon notification by the State Board of Education that | 28 |
| the district has
not submitted a plan prior to July 15 or a | 29 |
| modified plan within the time
period specified herein, the
| 30 |
| State aid funds affected by that plan or modified plan | 31 |
| shall be withheld by the
State Board of Education until a | 32 |
| plan or modified plan is submitted.
| 33 |
| If the district fails to distribute State aid to | 34 |
| attendance centers in
accordance with an approved plan, the |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| plan for the following year shall
allocate funds, in | 2 |
| addition to the funds otherwise required by this
| 3 |
| subsection, to those attendance centers which were | 4 |
| underfunded during the
previous year in amounts equal to | 5 |
| such underfunding.
| 6 |
| For purposes of determining compliance with this | 7 |
| subsection in relation
to the requirements of attendance | 8 |
| center funding, each district subject to the
provisions of | 9 |
| this
subsection shall submit as a separate document by | 10 |
| December 1 of each year a
report of expenditure data for | 11 |
| the prior year in addition to any
modification of its | 12 |
| current plan. If it is determined that there has been
a | 13 |
| failure to comply with the expenditure provisions of this | 14 |
| subsection
regarding contravention or supplanting, the | 15 |
| State Superintendent of
Education shall, within 60 days of | 16 |
| receipt of the report, notify the
district and any affected | 17 |
| local school council. The district shall within
45 days of | 18 |
| receipt of that notification inform the State | 19 |
| Superintendent of
Education of the remedial or corrective | 20 |
| action to be taken, whether by
amendment of the current | 21 |
| plan, if feasible, or by adjustment in the plan
for the | 22 |
| following year. Failure to provide the expenditure report | 23 |
| or the
notification of remedial or corrective action in a | 24 |
| timely manner shall
result in a withholding of the affected | 25 |
| funds.
| 26 |
| The State Board of Education shall promulgate rules and | 27 |
| regulations
to implement the provisions of this | 28 |
| subsection. No funds shall be released
under this | 29 |
| subdivision (H)(4) to any district that has not submitted a | 30 |
| plan
that has been approved by the State Board of | 31 |
| Education.
| 32 |
| (I) General State Aid for Newly Configured School Districts.
| 33 |
| (1) For a new school district formed by combining property |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| included
totally within 2 or more previously existing school | 2 |
| districts, for its
first year of existence the general State | 3 |
| aid and supplemental general State
aid calculated under this | 4 |
| Section
shall be computed for the new district and for the | 5 |
| previously existing
districts for which property is totally | 6 |
| included
within the new district. If the computation on the | 7 |
| basis of the previously
existing districts is greater, a | 8 |
| supplementary payment equal to the difference
shall be made for | 9 |
| the first 4 years of existence of the new district.
| 10 |
| (2) For a school district which annexes all of the | 11 |
| territory of one or more
entire other school districts, for the | 12 |
| first year during which the change
of boundaries attributable | 13 |
| to such annexation becomes effective for all
purposes as | 14 |
| determined under Section 7-9 or 7A-8, the general State aid and
| 15 |
| supplemental general State aid calculated
under this Section | 16 |
| shall be computed for the annexing district as constituted
| 17 |
| after the annexation and for the annexing and each annexed | 18 |
| district as
constituted prior to the annexation; and if the | 19 |
| computation on the basis of
the annexing and annexed districts | 20 |
| as constituted prior to the annexation is
greater, a | 21 |
| supplementary payment equal to the difference shall be made for
| 22 |
| the first 4 years of existence of the annexing school district | 23 |
| as
constituted upon such annexation.
| 24 |
| (3) For 2 or more school districts which annex all of the | 25 |
| territory of
one or more entire other school districts, and for | 26 |
| 2 or more community unit
districts which result upon the | 27 |
| division (pursuant to petition under
Section 11A-2) of one or | 28 |
| more other unit school districts into 2 or more
parts and which | 29 |
| together include all of the parts into which such other
unit | 30 |
| school district or districts are so divided, for the first year
| 31 |
| during which the change of boundaries attributable to such | 32 |
| annexation or
division becomes effective for all purposes as | 33 |
| determined under Section 7-9
or 11A-10, as the case may be, the | 34 |
| general State aid and supplemental general
State aid calculated |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| under this Section
shall be computed for each annexing or | 2 |
| resulting district as constituted
after the annexation or | 3 |
| division and for each annexing and annexed
district, or for | 4 |
| each resulting and divided district, as constituted prior
to | 5 |
| the annexation or division; and if the aggregate of the general | 6 |
| State aid
and supplemental general State aid as so
computed for | 7 |
| the annexing or resulting districts as constituted after the
| 8 |
| annexation or division is less than the aggregate of the | 9 |
| general State aid and
supplemental general State aid as so | 10 |
| computed for the annexing and annexed
districts, or for the | 11 |
| resulting and divided districts, as constituted prior to
the | 12 |
| annexation or division, then
a supplementary payment equal to | 13 |
| the difference shall be made and allocated
between or among the | 14 |
| annexing or resulting districts, as constituted upon
such | 15 |
| annexation or division, for the first 4 years of their | 16 |
| existence. The
total difference payment shall be allocated | 17 |
| between or among the annexing
or resulting districts in the | 18 |
| same ratio as the pupil enrollment from that
portion of the | 19 |
| annexed or divided district or districts which is annexed to
or | 20 |
| included in each such annexing or resulting district bears to | 21 |
| the total
pupil enrollment from the entire annexed or divided | 22 |
| district or districts,
as such pupil enrollment is determined | 23 |
| for the school year last ending
prior to the date when the | 24 |
| change of boundaries attributable to the
annexation or division | 25 |
| becomes effective for all purposes. The amount of
the total | 26 |
| difference payment and the amount thereof to be allocated to | 27 |
| the
annexing or resulting districts shall be computed by the | 28 |
| State Board of
Education on the basis of pupil enrollment and | 29 |
| other data which shall be
certified to the State Board of | 30 |
| Education, on forms which it shall provide
for that purpose, by | 31 |
| the regional superintendent of schools for each
educational | 32 |
| service region in which the annexing and annexed districts, or
| 33 |
| resulting and divided districts are located.
| 34 |
| (3.5) Claims for financial assistance under this |
|
|
|
09300SB2205ham003 |
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LRB093 15833 NHT 52992 a |
|
| 1 |
| subsection (I) shall
not be recomputed except as expressly | 2 |
| provided under this Section.
| 3 |
| (4) Any
supplementary payment made under this subsection | 4 |
| (I)
shall be treated as separate from all other payments made | 5 |
| pursuant to
this Section.
| 6 |
| (J) Supplementary Grants in Aid.
| 7 |
| (1) Notwithstanding any other provisions of this Section, | 8 |
| the amount of the
aggregate general State aid in combination | 9 |
| with supplemental general State aid
under this Section for | 10 |
| which
each school district is eligible shall be no
less than | 11 |
| the amount of the aggregate general State aid entitlement that | 12 |
| was
received by the district under Section
18-8 (exclusive of | 13 |
| amounts received
under subsections 5(p) and 5(p-5) of that | 14 |
| Section)
for the 1997-98 school year,
pursuant to the | 15 |
| provisions of that Section as it was then in effect.
If a | 16 |
| school district qualifies to receive a supplementary payment | 17 |
| made under
this subsection (J), the amount
of the aggregate | 18 |
| general State aid in combination with supplemental general
| 19 |
| State aid under this Section
which that district is eligible to | 20 |
| receive for each school year shall be no less than the amount | 21 |
| of the aggregate
general State aid entitlement that was | 22 |
| received by the district under
Section 18-8 (exclusive of | 23 |
| amounts received
under subsections 5(p) and 5(p-5) of that | 24 |
| Section)
for the 1997-1998 school year, pursuant to the | 25 |
| provisions of that
Section as it was then in effect.
| 26 |
| (2) If, as provided in paragraph (1) of this subsection | 27 |
| (J), a school
district is to receive aggregate general State | 28 |
| aid in
combination with supplemental general State aid under | 29 |
| this Section for the 1998-99 school year and any subsequent | 30 |
| school
year that in any such school year is less than the | 31 |
| amount of the aggregate
general
State
aid entitlement that the | 32 |
| district received for the 1997-98 school year, the
school | 33 |
| district shall also receive, from a separate appropriation made |
|
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| for
purposes of this subsection (J), a supplementary payment | 2 |
| that is equal to the
amount of the difference in the aggregate | 3 |
| State aid figures as described in
paragraph (1).
| 4 |
| (3) (Blank).
| 5 |
| (K) Grants to Laboratory and Alternative Schools.
| 6 |
| In calculating the amount to be paid to the governing board | 7 |
| of a public
university that operates a laboratory school under | 8 |
| this Section or to any
alternative school that is operated by a | 9 |
| regional superintendent of schools,
the State
Board of | 10 |
| Education shall require by rule such reporting requirements as | 11 |
| it
deems necessary.
| 12 |
| As used in this Section, "laboratory school" means a public | 13 |
| school which is
created and operated by a public university and | 14 |
| approved by the State Board of
Education. The governing board | 15 |
| of a public university which receives funds
from the State | 16 |
| Board under this subsection (K) may not increase the number of
| 17 |
| students enrolled in its laboratory
school from a single | 18 |
| district, if that district is already sending 50 or more
| 19 |
| students, except under a mutual agreement between the school | 20 |
| board of a
student's district of residence and the university | 21 |
| which operates the
laboratory school. A laboratory school may | 22 |
| not have more than 1,000 students,
excluding students with | 23 |
| disabilities in a special education program.
| 24 |
| As used in this Section, "alternative school" means a | 25 |
| public school which is
created and operated by a Regional | 26 |
| Superintendent of Schools and approved by
the State Board of | 27 |
| Education. Such alternative schools may offer courses of
| 28 |
| instruction for which credit is given in regular school | 29 |
| programs, courses to
prepare students for the high school | 30 |
| equivalency testing program or vocational
and occupational | 31 |
| training. A regional superintendent of schools may contract
| 32 |
| with a school district or a public community college district | 33 |
| to operate an
alternative school. An alternative school serving |
|
|
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| more than one educational
service region may be established by | 2 |
| the regional superintendents of schools
of the affected | 3 |
| educational service regions. An alternative school
serving | 4 |
| more than one educational service region may be operated under | 5 |
| such
terms as the regional superintendents of schools of those | 6 |
| educational service
regions may agree.
| 7 |
| Each laboratory and alternative school shall file, on forms | 8 |
| provided by the
State Superintendent of Education, an annual | 9 |
| State aid claim which states the
Average Daily Attendance of | 10 |
| the school's students by month. The best 3 months'
Average | 11 |
| Daily Attendance shall be computed for each school.
The general | 12 |
| State aid entitlement shall be computed by multiplying the
| 13 |
| applicable Average Daily Attendance by the Foundation Level as | 14 |
| determined under
this Section.
| 15 |
| (L) Payments, Additional Grants in Aid and Other Requirements.
| 16 |
| (1) For a school district operating under the financial | 17 |
| supervision
of an Authority created under Article 34A, the | 18 |
| general State aid otherwise
payable to that district under this | 19 |
| Section, but not the supplemental general
State aid, shall be | 20 |
| reduced by an amount equal to the budget for
the operations of | 21 |
| the Authority as certified by the Authority to the State
Board | 22 |
| of Education, and an amount equal to such reduction shall be | 23 |
| paid
to the Authority created for such district for its | 24 |
| operating expenses in
the manner provided in Section 18-11. The | 25 |
| remainder
of general State school aid for any such district | 26 |
| shall be paid in accordance
with Article 34A when that Article | 27 |
| provides for a disposition other than that
provided by this | 28 |
| Article.
| 29 |
| (2) (Blank).
| 30 |
| (3) Summer school. Summer school payments shall be made as | 31 |
| provided in
Section 18-4.3.
| 32 |
| (M) Education Funding Advisory Board.
|
|
|
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| The Education Funding Advisory
Board, hereinafter in this | 2 |
| subsection (M) referred to as the "Board", is hereby
created. | 3 |
| The Board
shall consist of 5 members who are appointed by the | 4 |
| Governor, by and with the
advice and consent of the Senate. The | 5 |
| members appointed shall include
representatives of education, | 6 |
| business, and the general public. One of the
members so | 7 |
| appointed shall be
designated by the Governor at the time the | 8 |
| appointment is made as the
chairperson of the
Board.
The | 9 |
| initial members of the Board may
be appointed any time after | 10 |
| the effective date of this amendatory Act of
1997. The regular | 11 |
| term of each member of the
Board shall be for 4 years from the | 12 |
| third Monday of January of the
year in which the term of the | 13 |
| member's appointment is to commence, except that
of the 5 | 14 |
| initial members appointed to serve on the
Board, the member who | 15 |
| is appointed as the chairperson shall serve for
a term that | 16 |
| commences on the date of his or her appointment and expires on | 17 |
| the
third Monday of January, 2002, and the remaining 4 members, | 18 |
| by lots drawn at
the first meeting of the Board that is
held
| 19 |
| after all 5 members are appointed, shall determine 2 of their | 20 |
| number to serve
for terms that commence on the date of their
| 21 |
| respective appointments and expire on the third
Monday of | 22 |
| January, 2001,
and 2 of their number to serve for terms that | 23 |
| commence
on the date of their respective appointments and | 24 |
| expire on the third Monday
of January, 2000. All members | 25 |
| appointed to serve on the
Board shall serve until their | 26 |
| respective successors are
appointed and confirmed. Vacancies | 27 |
| shall be filled in the same manner as
original appointments. If | 28 |
| a vacancy in membership occurs at a time when the
Senate is not | 29 |
| in session, the Governor shall make a temporary appointment | 30 |
| until
the next meeting of the Senate, when he or she shall | 31 |
| appoint, by and with the
advice and consent of the Senate, a | 32 |
| person to fill that membership for the
unexpired term. If the | 33 |
| Senate is not in session when the initial appointments
are | 34 |
| made, those appointments shall
be made as in the case of |
|
|
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| vacancies.
| 2 |
| The Education Funding Advisory Board shall be deemed | 3 |
| established,
and the initial
members appointed by the Governor | 4 |
| to serve as members of the
Board shall take office,
on the date | 5 |
| that the
Governor makes his or her appointment of the fifth | 6 |
| initial member of the
Board, whether those initial members are | 7 |
| then serving
pursuant to appointment and confirmation or | 8 |
| pursuant to temporary appointments
that are made by the | 9 |
| Governor as in the case of vacancies.
| 10 |
| The State Board of Education shall provide such staff | 11 |
| assistance to the
Education Funding Advisory Board as is | 12 |
| reasonably required for the proper
performance by the Board of | 13 |
| its responsibilities.
| 14 |
| For school years after the 2000-2001 school year, the | 15 |
| Education
Funding Advisory Board, in consultation with the | 16 |
| State Board of Education,
shall make recommendations as | 17 |
| provided in this subsection (M) to the General
Assembly for the | 18 |
| foundation level under subdivision (B)(3) of this Section and
| 19 |
| for the
supplemental general State aid grant level under | 20 |
| subsection (H) of this Section
for districts with high | 21 |
| concentrations of children from poverty. The
recommended | 22 |
| foundation level shall be determined based on a methodology | 23 |
| which
incorporates the basic education expenditures of | 24 |
| low-spending schools
exhibiting high academic performance. The | 25 |
| Education Funding Advisory Board
shall make such | 26 |
| recommendations to the General Assembly on January 1 of odd
| 27 |
| numbered years, beginning January 1, 2001.
| 28 |
| (N) (Blank).
| 29 |
| (O) References.
| 30 |
| (1) References in other laws to the various subdivisions of
| 31 |
| Section 18-8 as that Section existed before its repeal and | 32 |
| replacement by this
Section 18-8.05 shall be deemed to refer to |
|
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| the corresponding provisions of
this Section 18-8.05, to the | 2 |
| extent that those references remain applicable.
| 3 |
| (2) References in other laws to State Chapter 1 funds shall | 4 |
| be deemed to
refer to the supplemental general State aid | 5 |
| provided under subsection (H) of
this Section.
| 6 |
| (P) This amendatory Act of the 93rd General Assembly and House | 7 |
| Bill 4266 of the 93rd General Assembly make inconsistent | 8 |
| changes to this Section. If House Bill 4266 becomes law, then | 9 |
| under Section 6 of the Statute on Statutes there is an | 10 |
| irreconcilable conflict between House Bill 4266 and this | 11 |
| amendatory Act. This amendatory Act, being the last acted upon, | 12 |
| is controlling. The text of this amendatory Act is the law | 13 |
| regardless of the text of House Bill 4266.
| 14 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29, | 15 |
| eff. 7-1-01;
92-269, eff. 8-7-01; 92-604, eff. 7-1-02; 92-636, | 16 |
| eff. 7-11-02; 92-651, eff.
7-11-02; 93-21, eff. 7-1-03.)
| 17 |
| Section 20. The Higher Education Student Assistance Act is | 18 |
| amended by changing Section 45 as follows:
| 19 |
| (110 ILCS 947/45)
| 20 |
| Sec. 45. Illinois National Guard grant program.
| 21 |
| (a) As used in this Section:
| 22 |
| "State controlled university or community college" means | 23 |
| those
institutions under the administration of the Chicago | 24 |
| State University Board
of Trustees, the Eastern Illinois | 25 |
| University Board of Trustees, the Governors
State University | 26 |
| Board of Trustees, the Illinois State University Board of
| 27 |
| Trustees, the Northeastern Illinois University Board of | 28 |
| Trustees, the Northern
Illinois University Board of Trustees, | 29 |
| the Western Illinois University Board of
Trustees, Southern | 30 |
| Illinois University
Board of Trustees, University of Illinois | 31 |
| Board of Trustees, or the Illinois
Community College Board.
|
|
|
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| "Tuition and fees" shall not include expenses for any | 2 |
| sectarian
or denominational instruction, the construction or | 3 |
| maintenance of sectarian
or denominational facilities, or any | 4 |
| other sectarian or denominational
purposes or activity.
| 5 |
| "Fees" means matriculation, graduation, activity, term, or | 6 |
| incidental fees.
Exemption shall not be granted from any other | 7 |
| fees, including book rental,
service, laboratory, supply, and | 8 |
| union building fees, hospital and medical
insurance fees, and | 9 |
| any fees established for the operation and maintenance of
| 10 |
| buildings, the income of which is pledged to the payment of | 11 |
| interest and
principal on bonds issued by the governing board | 12 |
| of any university or community
college.
| 13 |
| (b) Any enlisted person or
any company grade officer,
| 14 |
| including warrant officers, First and Second Lieutenants, and | 15 |
| Captains in
the Army and Air National Guard, who has served at | 16 |
| least one
year in the
Illinois National Guard and who possesses | 17 |
| all necessary
entrance requirements shall, upon application | 18 |
| and proper proof, be
awarded a grant to the State-controlled | 19 |
| university or community
college of his or her choice, | 20 |
| consisting of exemption from tuition and
fees for not more than | 21 |
| the equivalent of 4 years of full-time enrollment
in relation | 22 |
| to his or her course of study at that State controlled
| 23 |
| university or community college while he or she is a member of | 24 |
| the Illinois
National Guard. If the recipient of any grant | 25 |
| awarded under this Section
ceases to be a member of the | 26 |
| Illinois National Guard while enrolled in a
course of study | 27 |
| under that grant, the grant shall be terminated as of the date
| 28 |
| membership in the Illinois National Guard ended, and the | 29 |
| recipient shall be
permitted to complete the school term in | 30 |
| which he or she is then enrolled only
upon payment of tuition | 31 |
| and other fees allocable to the part of the term then
| 32 |
| remaining.
If the recipient of the grant fails to complete his | 33 |
| or her
military
service obligations or requirements for | 34 |
| satisfactory participation, the
Department of Military Affairs |
|
|
|
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| 1 |
| shall require the recipient to repay the amount
of the grant | 2 |
| received, prorated according to the fraction of the service
| 3 |
| obligation not completed, and, if applicable, reasonable | 4 |
| collection fees. The
Department of Military Affairs may adopt | 5 |
| rules relating to its
collection activities for repayment of | 6 |
| the grant under this Section.
Unsatisfactory participation | 7 |
| shall be defined by rules adopted
by the Department of Military | 8 |
| Affairs. Repayments shall be deposited
in the National Guard | 9 |
| Grant Fund. The National Guard Grant Fund is created as
a | 10 |
| special fund in the State treasury. All money in the National | 11 |
| Guard Grant
Fund shall be used, subject to appropriation, by | 12 |
| the Illinois Student Assistance Commission
Department of | 13 |
| Military
Affairs for the purposes of this Section.
| 14 |
| A grant awarded under this Section shall be considered an | 15 |
| entitlement
which the State-controlled university or community | 16 |
| college in which the
holder is enrolled shall honor without any | 17 |
| condition other than the
holder's maintenance of minimum grade | 18 |
| levels and a satisfactory student
loan repayment record | 19 |
| pursuant to subsection (c) of Section 20 of this
Act.
| 20 |
| (c) Subject to a separate appropriation for such purposes, | 21 |
| the
Commission may reimburse the State-controlled university | 22 |
| or community
college for grants authorized by this Section.
| 23 |
| (Source: P.A. 92-589, eff. 7-1-02.)
| 24 |
| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
|
|