Illinois General Assembly - Full Text of HB4886
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Full Text of HB4886  96th General Assembly

HB4886ham001 96TH GENERAL ASSEMBLY

Elementary & Secondary Education Committee

Filed: 3/10/2010

 

 


 

 


 
09600HB4886ham001 LRB096 15868 MJR 38208 a

1
AMENDMENT TO HOUSE BILL 4886

2     AMENDMENT NO. ______. Amend House Bill 4886 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by adding Section
5 10-19.4 and by changing Sections 14-13.01 and 18-8.05 as
6 follows:
 
7     (105 ILCS 5/10-19.4 new)
8     Sec. 10-19.4. Alternative school calendar for 4-day school
9 week.
10     (a) A school district may, by board resolution, adopt an
11 alternative school calendar for a 4-day school week in
12 accordance with this Section, which must be approved by the
13 State Board of Education. A school district adopting an
14 alternative calendar must adopt the calendar for all buildings
15 in the entire district. The school board shall annually prepare
16 a calendar for the school term, specifying the opening and

 

 

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1 closing dates and providing a minimum term of at least 150 days
2 to ensure 141 days of actual pupil attendance, as computed in
3 subsection (F-5) of Section 18-8.05 of this Code. Any days
4 allowed by law for teachers' institutes but not used as such or
5 used as parental institutes as provided in Section 10-22.18d
6 shall increase the minimum term by the school days not so used.
7 In case of such necessary extension, school employees shall be
8 paid for the additional time on the basis of their regular
9 contracts. A school board may specify a closing date earlier
10 than that set on the annual calendar when the schools of the
11 district have provided the minimum number of computable days
12 under this Section. Nothing in this Section prevents the board
13 from employing superintendents of schools, principals, and
14 other nonteaching personnel for a period of 12 months or, in
15 the case of superintendents, for a period in accordance with
16 Section 10-23.8 of this Code or prevents the board from
17 employing other personnel before or after the regular school
18 term with payment of salary proportionate to that received for
19 comparable work during the school term.
20     (b) A school board may make such changes in its calendar
21 for the school term as may be required by any changes in the
22 legal school holidays prescribed in Section 24-2 of this Code.
23 A school board may make changes in its calendar for the school
24 term as may be necessary to reflect the utilization of
25 teachers' institute days as parental institute days as provided
26 in Section 10-22.18d of this Code.

 

 

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1     The calendar for the school term and any changes must be
2 submitted to and approved by the regional superintendent of
3 schools before the calendar or changes may take effect.
4     (c) With the prior approval of the State Board of Education
5 and subject to review by the State Board of Education every 3
6 years thereafter, a school board may, by resolution and in
7 agreement with affected exclusive collective bargaining
8 agents, establish experimental educational programs,
9 including, but not limited to, programs for self-directed
10 learning or outside of formal class periods, which programs
11 when so approved shall be considered to comply with the
12 requirements of this Section as respects number of days of
13 actual pupil attendance and with the other requirements of this
14 Code as respects courses of instruction.
 
15     (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
16     Sec. 14-13.01. Reimbursement payable by State; amounts for
17 personnel and transportation.
18     (a) For staff working on behalf of children who have not
19 been identified as eligible for special education and for
20 eligible children with physical disabilities, including all
21 eligible children whose placement has been determined under
22 Section 14-8.02 in hospital or home instruction, 1/2 of the
23 teacher's salary but not more than $1,000 annually per child or
24 $9,000 per teacher, whichever is less. To qualify for home or
25 hospital instruction, a child must, due to a medical condition,

 

 

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1 be unable to attend school, and instead must be instructed at
2 home or in the hospital, for a period of 2 or more consecutive
3 weeks or on an ongoing intermittent basis. In order to
4 establish eligibility for home or hospital services, a
5 student's parent or guardian must submit to the child's school
6 district of residence a written statement from a physician
7 licensed to practice medicine in all of its branches stating
8 the existence of such medical condition, the impact on the
9 child's ability to participate in education, and the
10 anticipated duration or nature of the child's absence from
11 school. Eligible children to be included in any reimbursement
12 under this paragraph must regularly receive a minimum of one
13 hour of instruction each school day, or in lieu thereof of a
14 minimum of 5 hours of instruction in each school week in order
15 to qualify for full reimbursement under this Section. If the
16 attending physician for such a child has certified that the
17 child should not receive as many as 5 hours of instruction in a
18 school week, however, reimbursement under this paragraph on
19 account of that child shall be computed proportionate to the
20 actual hours of instruction per week for that child divided by
21 5. Children who are enrolled in schools that have an approved
22 4-day school week must regularly receive a minimum of 75
23 minutes of instruction each school day or, in lieu thereof, a
24 minimum of 375 minutes in each school week in order to qualify
25 for full reimbursement under this Section. If the attending
26 physician for the child has certified that the child should not

 

 

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1 receive as many as 375 minutes of instruction in a school week,
2 however, reimbursement under this subsection (a) on account of
3 that child shall be computed proportionate to the actual
4 minutes of instruction per week for that child divided by 375.
5 The State Board of Education shall establish rules governing
6 the required qualifications of staff providing home or hospital
7 instruction.
8     (b) For children described in Section 14-1.02, 80% of the
9 cost of transportation approved as a related service in the
10 Individualized Education Program for each student in order to
11 take advantage of special educational facilities.
12 Transportation costs shall be determined in the same fashion as
13 provided in Section 29-5. For purposes of this subsection (b),
14 the dates for processing claims specified in Section 29-5 shall
15 apply.
16     (c) For each qualified worker, the annual sum of $9,000.
17     (d) For one full time qualified director of the special
18 education program of each school district which maintains a
19 fully approved program of special education the annual sum of
20 $9,000. Districts participating in a joint agreement special
21 education program shall not receive such reimbursement if
22 reimbursement is made for a director of the joint agreement
23 program.
24     (e) (Blank).
25     (f) (Blank).
26     (g) For readers, working with blind or partially seeing

 

 

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1 children 1/2 of their salary but not more than $400 annually
2 per child. Readers may be employed to assist such children and
3 shall not be required to be certified but prior to employment
4 shall meet standards set up by the State Board of Education.
5     (h) For non-certified employees, as defined by rules
6 promulgated by the State Board of Education, who deliver
7 services to students with IEPs, 1/2 of the salary paid or
8 $3,500 per employee, whichever is less.
9     The State Board of Education shall set standards and
10 prescribe rules for determining the allocation of
11 reimbursement under this section on less than a full time basis
12 and for less than a school year.
13     When any school district eligible for reimbursement under
14 this Section operates a school or program approved by the State
15 Superintendent of Education for a number of days in excess of
16 the adopted school calendar but not to exceed 235 school days,
17 such reimbursement shall be increased by 1/180 of the amount or
18 rate paid hereunder for each day such school is operated in
19 excess of 180 days per calendar year.
20     When any school district eligible for reimbursement under
21 this Section operates a school or program approved by the State
22 Superintendent of Education for a number of days in excess of
23 an approved 4-day school week not to exceed 205 school days,
24 such reimbursement shall be increased by 1/150 of the amount or
25 rate paid under this Section for each day the school is
26 operated in excess of 150 days per calendar year.

 

 

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1     Notwithstanding any other provision of law, any school
2 district receiving a payment under this Section or under
3 Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
4 all or a portion of the funds that it receives in a particular
5 fiscal year or from general State aid pursuant to Section
6 18-8.05 of this Code as funds received in connection with any
7 funding program for which it is entitled to receive funds from
8 the State in that fiscal year (including, without limitation,
9 any funding program referenced in this Section), regardless of
10 the source or timing of the receipt. The district may not
11 classify more funds as funds received in connection with the
12 funding program than the district is entitled to receive in
13 that fiscal year for that program. Any classification by a
14 district must be made by a resolution of its board of
15 education. The resolution must identify the amount of any
16 payments or general State aid to be classified under this
17 paragraph and must specify the funding program to which the
18 funds are to be treated as received in connection therewith.
19 This resolution is controlling as to the classification of
20 funds referenced therein. A certified copy of the resolution
21 must be sent to the State Superintendent of Education. The
22 resolution shall still take effect even though a copy of the
23 resolution has not been sent to the State Superintendent of
24 Education in a timely manner. No classification under this
25 paragraph by a district shall affect the total amount or timing
26 of money the district is entitled to receive under this Code.

 

 

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1 No classification under this paragraph by a district shall in
2 any way relieve the district from or affect any requirements
3 that otherwise would apply with respect to that funding
4 program, including any accounting of funds by source, reporting
5 expenditures by original source and purpose, reporting
6 requirements, or requirements of providing services.
7 (Source: P.A. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08;
8 96-257, eff. 8-11-09.)
 
9     (105 ILCS 5/18-8.05)
10     Sec. 18-8.05. Basis for apportionment of general State
11 financial aid and supplemental general State aid to the common
12 schools for the 1998-1999 and subsequent school years.
 
13 (A) General Provisions.
14     (1) The provisions of this Section apply to the 1998-1999
15 and subsequent school years. The system of general State
16 financial aid provided for in this Section is designed to
17 assure that, through a combination of State financial aid and
18 required local resources, the financial support provided each
19 pupil in Average Daily Attendance equals or exceeds a
20 prescribed per pupil Foundation Level. This formula approach
21 imputes a level of per pupil Available Local Resources and
22 provides for the basis to calculate a per pupil level of
23 general State financial aid that, when added to Available Local
24 Resources, equals or exceeds the Foundation Level. The amount

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 to subsection (E), an Average Daily Attendance figure shall be
2 utilized. The Average Daily Attendance figure for formula
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

 

 

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1 local school district revenues from local property taxes and
2 from Corporate Personal Property Replacement Taxes, expressed
3 on the basis of pupils in Average Daily Attendance. Calculation
4 of Available Local Resources shall exclude any tax amnesty
5 funds received as a result of Public Act 93-26.
6     (2) In determining a school district's revenue from local
7 property taxes, the State Board of Education shall utilize the
8 equalized assessed valuation of all taxable property of each
9 school district as of September 30 of the previous year. The
10 equalized assessed valuation utilized shall be obtained and
11 determined as provided in subsection (G).
12     (3) For school districts maintaining grades kindergarten
13 through 12, local property tax revenues per pupil shall be
14 calculated as the product of the applicable equalized assessed
15 valuation for the district multiplied by 3.00%, and divided by
16 the district's Average Daily Attendance figure. For school
17 districts maintaining grades kindergarten through 8, local
18 property tax revenues per pupil shall be calculated as the
19 product of the applicable equalized assessed valuation for the
20 district multiplied by 2.30%, and divided by the district's
21 Average Daily Attendance figure. For school districts
22 maintaining grades 9 through 12, local property tax revenues
23 per pupil shall be the applicable equalized assessed valuation
24 of the district multiplied by 1.05%, and divided by the
25 district's Average Daily Attendance figure.
26     For partial elementary unit districts created pursuant to

 

 

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1 Article 11E of this Code, local property tax revenues per pupil
2 shall be calculated as the product of the equalized assessed
3 valuation for property within the partial elementary unit
4 district for elementary purposes, as defined in Article 11E of
5 this Code, multiplied by 2.06% and divided by the district's
6 Average Daily Attendance figure, plus the product of the
7 equalized assessed valuation for property within the partial
8 elementary unit district for high school purposes, as defined
9 in Article 11E of this Code, multiplied by 0.94% and divided by
10 the district's Average Daily Attendance figure.
11     (4) The Corporate Personal Property Replacement Taxes paid
12 to each school district during the calendar year one year
13 before the calendar year in which a school year begins, divided
14 by the Average Daily Attendance figure for that district, shall
15 be added to the local property tax revenues per pupil as
16 derived by the application of the immediately preceding
17 paragraph (3). The sum of these per pupil figures for each
18 school district shall constitute Available Local Resources as
19 that term is utilized in subsection (E) in the calculation of
20 general State aid.
 
21 (E) Computation of General State Aid.
22     (1) For each school year, the amount of general State aid
23 allotted to a school district shall be computed by the State
24 Board of Education as provided in this subsection.
25     (2) For any school district for which Available Local

 

 

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

 

 

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

 

 

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

 

 

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1 only to the districts that pay the tuition to a recognized
2 school.
3     (2) Days of attendance by pupils of less than 5 clock hours
4 of school shall be subject to the following provisions in the
5 compilation of Average Daily Attendance.
6         (a) Pupils regularly enrolled in a public school for
7     only a part of the school day may be counted on the basis
8     of 1/6 day for every class hour of instruction of 40
9     minutes or more attended pursuant to such enrollment,
10     unless a pupil is enrolled in a block-schedule format of 80
11     minutes or more of instruction, in which case the pupil may
12     be counted on the basis of the proportion of minutes of
13     school work completed each day to the minimum number of
14     minutes that school work is required to be held that day.
15         (b) Days of attendance may be less than 5 clock hours
16     on the opening and closing of the school term, and upon the
17     first day of pupil attendance, if preceded by a day or days
18     utilized as an institute or teachers' workshop.
19         (c) A session of 4 or more clock hours may be counted
20     as a day of attendance upon certification by the regional
21     superintendent, and approved by the State Superintendent
22     of Education to the extent that the district has been
23     forced to use daily multiple sessions.
24         (d) A session of 3 or more clock hours may be counted
25     as a day of attendance (1) when the remainder of the school
26     day or at least 2 hours in the evening of that day is

 

 

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1     utilized for an in-service training program for teachers,
2     up to a maximum of 5 days per school year, provided a
3     district conducts an in-service training program for
4     teachers in accordance with Section 10-22.39 of this Code;
5     or, in lieu of 4 such days, 2 full days may be used, in
6     which event each such day may be counted as a day required
7     for a legal school calendar pursuant to Section 10-19 of
8     this Code; (1.5) when, of the 5 days allowed under item
9     (1), a maximum of 4 days are used for parent-teacher
10     conferences, or, in lieu of 4 such days, 2 full days are
11     used, in which case each such day may be counted as a
12     calendar day required under Section 10-19 of this Code,
13     provided that the full-day, parent-teacher conference
14     consists of (i) a minimum of 5 clock hours of
15     parent-teacher conferences, (ii) both a minimum of 2 clock
16     hours of parent-teacher conferences held in the evening
17     following a full day of student attendance, as specified in
18     subsection (F)(1)(c), and a minimum of 3 clock hours of
19     parent-teacher conferences held on the day immediately
20     following evening parent-teacher conferences, or (iii)
21     multiple parent-teacher conferences held in the evenings
22     following full days of student attendance, as specified in
23     subsection (F)(1)(c), in which the time used for the
24     parent-teacher conferences is equivalent to a minimum of 5
25     clock hours; and (2) when days in addition to those
26     provided in items (1) and (1.5) are scheduled by a school

 

 

09600HB4886ham001 - 21 - LRB096 15868 MJR 38208 a

1     pursuant to its school improvement plan adopted under
2     Article 34 or its revised or amended school improvement
3     plan adopted under Article 2, provided that (i) such
4     sessions of 3 or more clock hours are scheduled to occur at
5     regular intervals, (ii) the remainder of the school days in
6     which such sessions occur are utilized for in-service
7     training programs or other staff development activities
8     for teachers, and (iii) a sufficient number of minutes of
9     school work under the direct supervision of teachers are
10     added to the school days between such regularly scheduled
11     sessions to accumulate not less than the number of minutes
12     by which such sessions of 3 or more clock hours fall short
13     of 5 clock hours. Any full days used for the purposes of
14     this paragraph shall not be considered for computing
15     average daily attendance. Days scheduled for in-service
16     training programs, staff development activities, or
17     parent-teacher conferences may be scheduled separately for
18     different grade levels and different attendance centers of
19     the district.
20         (e) A session of not less than one clock hour of
21     teaching hospitalized or homebound pupils on-site or by
22     telephone to the classroom may be counted as 1/2 day of
23     attendance, however these pupils must receive 4 or more
24     clock hours of instruction to be counted for a full day of
25     attendance.
26         (f) A session of at least 4 clock hours may be counted

 

 

09600HB4886ham001 - 22 - LRB096 15868 MJR 38208 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

 

 

09600HB4886ham001 - 23 - LRB096 15868 MJR 38208 a

1     year of kindergarten as determined under the rules and
2     regulations of the State Board of Education.
3         (i) On the days when the Prairie State Achievement
4     Examination is administered under subsection (c) of
5     Section 2-3.64 of this Code, the day of attendance for a
6     pupil whose school day must be shortened to accommodate
7     required testing procedures may be less than 5 clock hours
8     and shall be counted towards the 176 days of actual pupil
9     attendance required under Section 10-19 of this Code,
10     provided that a sufficient number of minutes of school work
11     in excess of 5 clock hours are first completed on other
12     school days to compensate for the loss of school work on
13     the examination days.
 
14 (F-5) Alternative School Calendar.
15     (1) For school districts adopting an alternative school
16 calendar for a 4-day school week in accordance with Section
17 10-19.4 of this Code, days of attendance by pupils shall be
18 counted only for sessions of not less than 375 minutes of
19 school work per day under the direct supervision of (i)
20 teachers or (ii) non-teaching personnel or volunteer personnel
21 when engaging in non-teaching duties and supervising in those
22 instances specified in subsection (a) of Section 10-22.34 of
23 this Code with pupils of legal school age and in kindergarten
24 and grades 1 through 12.
25     (2) Days of attendance by tuition pupils shall be

 

 

09600HB4886ham001 - 24 - LRB096 15868 MJR 38208 a

1 accredited only to the school districts that pay the tuition to
2 a recognized school.
3     (3) Days of attendance by pupils of less than 375 minutes
4 of school are subject to the following provisions in the
5 compilation of Average Daily Attendance.
6         (a) Pupils regularly enrolled in a public school for
7     only a part of the school day may be counted on the basis
8     of 1/6 day for every class hour of instruction of 50
9     minutes or more attended pursuant to such enrollment,
10     unless a pupil is enrolled in a block-schedule format of
11     100 minutes or more of instruction, in which case the pupil
12     may be counted on the basis of the proportion of minutes of
13     school work completed each day to the minimum number of
14     minutes that school work is required to be held that day.
15         (b) Days of attendance may be less than 5 clock hours
16     on the opening and closing of the school term and upon the
17     first day of pupil attendance if preceded by a day or days
18     utilized as an institute or teachers' workshop.
19         (c) A session of 300 minutes may be counted as a day of
20     attendance, upon certification by the regional
21     superintendent and approval by the State Superintendent of
22     Education, to the extent that the district has been forced
23     to use daily multiple sessions.
24         (d) A session of 225 minutes may be counted as a day of
25     attendance (1) when the remainder of the school day or at
26     least 150 minutes in the evening of that day is utilized

 

 

09600HB4886ham001 - 25 - LRB096 15868 MJR 38208 a

1     for an in-service training program for teachers, up to a
2     maximum of 5 days per school year of which a maximum of 4
3     days of such 5 days may be used for parent-teacher
4     conferences, provided that a district conducts an
5     in-service training program for teachers that has been
6     approved by the State Superintendent of Education; or, in
7     lieu of 4 such days, 2 full days may be used, in which
8     event each such day may be counted as a day of attendance;
9     and (2) when days in addition to those provided in clause
10     (1) of this subdivision (d) are scheduled by a school
11     pursuant to its revised or amended school improvement plan
12     adopted under Article 2 of this Code, provided that (i)
13     such sessions of 225 minutes are scheduled to occur at
14     regular intervals, (ii) the remainder of the school days in
15     which such sessions occur are utilized for in-service
16     training programs or other staff development activities
17     for teachers, and (iii) a sufficient number of minutes of
18     school work under the direct supervision of teachers are
19     added to the school days between such regularly scheduled
20     sessions to accumulate not less than the number of minutes
21     by which such sessions of 225 minutes fall short of 375
22     minutes. Any full days used for the purposes of this
23     subdivision (d) shall not be considered in computing
24     Average Daily Attendance. Days scheduled for in-service
25     training programs, staff development activities, or
26     parent-teacher conferences may be scheduled separately for

 

 

09600HB4886ham001 - 26 - LRB096 15868 MJR 38208 a

1     different grade levels and different attendance centers of
2     the district.
3         (e) A session of not less than 75 minutes of teaching
4     hospitalized or homebound pupils on-site or by telephone to
5     the classroom may be counted as 1/2 day of attendance;
6     however, these pupils must receive 300 minutes or more of
7     instruction to be counted for a full day of attendance.
8         (f) A session of at least 300 minutes may be counted as
9     a day of attendance for first grade pupils and pupils in
10     full day kindergartens, and a session of 150 minutes or
11     more may be counted as 1/2 day of attendance by pupils in
12     kindergartens that provide only 1/2 day of attendance.
13         (g) For children with disabilities who are below the
14     age of 6 years and who cannot attend 150 minutes or more
15     because of their disability or immaturity, a session of not
16     less than 75 minutes may be counted as 1/2 day of
17     attendance; however, for such children whose educational
18     needs so require, a session of 4,300 minutes or more may be
19     counted as a full day of attendance.
20         (h) A recognized kindergarten that provides for only
21     1/2 day of attendance by each pupil shall not have more
22     than 1/2 day of attendance counted in any one day. However,
23     kindergartens may count 2 days of attendance in any 4
24     consecutive school days. When a pupil attends such a
25     kindergarten for 2 half-days on any one school day, the
26     pupil shall have the following day as a day absent from

 

 

09600HB4886ham001 - 27 - LRB096 15868 MJR 38208 a

1     school, unless the school district obtains permission in
2     writing from the State Superintendent of Education.
3     Attendance at kindergartens that provide for a full day of
4     attendance by each pupil shall be counted the same as
5     attendance by first grade pupils. Only the first year of
6     attendance in one kindergarten shall be counted, except in
7     case of children who entered kindergarten in their fifth
8     year and whose educational development requires a second
9     year of kindergarten as determined under the rules of the
10     State Board of Education.
11         (i) On the days when the Prairie State Achievement
12     Examination is administered under subsection (c) of
13     Section 2-3.64 of this Code, the day of attendance for a
14     pupil whose school day must be shortened to accommodate
15     required testing procedures may be less than 375 minutes
16     and shall be counted towards the 141 days of actual pupil
17     attendance required under this Section, provided that a
18     sufficient number of minutes of school work in excess of
19     375 minutes are first completed on other school days to
20     compensate for the loss of school work on the examination
21     days.
 
22 (G) Equalized Assessed Valuation Data.
23     (1) For purposes of the calculation of Available Local
24 Resources required pursuant to subsection (D), the State Board
25 of Education shall secure from the Department of Revenue the

 

 

09600HB4886ham001 - 28 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 29 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 30 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 31 - LRB096 15868 MJR 38208 a

1     Section 18-170 of the Property Tax Code by 3.00% for a
2     district maintaining grades kindergarten through 12, by
3     2.30% for a district maintaining grades kindergarten
4     through 8, or by 1.05% for a district maintaining grades 9
5     through 12 and adjusted by an amount computed by dividing
6     the amount of any abatement of taxes under subsection (a)
7     of Section 18-165 of the Property Tax Code by the same
8     percentage rates for district type as specified in this
9     subparagraph (b).
10     (3) For the 1999-2000 school year and each school year
11 thereafter, if a school district meets all of the criteria of
12 this subsection (G)(3), the school district's Available Local
13 Resources shall be calculated under subsection (D) using the
14 district's Extension Limitation Equalized Assessed Valuation
15 as calculated under this subsection (G)(3).
16     For purposes of this subsection (G)(3) the following terms
17 shall have the following meanings:
18         "Budget Year": The school year for which general State
19     aid is calculated and awarded under subsection (E).
20         "Base Tax Year": The property tax levy year used to
21     calculate the Budget Year allocation of general State aid.
22         "Preceding Tax Year": The property tax levy year
23     immediately preceding the Base Tax Year.
24         "Base Tax Year's Tax Extension": The product of the
25     equalized assessed valuation utilized by the County Clerk
26     in the Base Tax Year multiplied by the limiting rate as

 

 

09600HB4886ham001 - 32 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 33 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 34 - LRB096 15868 MJR 38208 a

1 increment value shall have the meanings set forth in the
2 Property Tax Extension Limitation Law.
3     Partial elementary unit districts created in accordance
4 with Article 11E of this Code shall not be eligible for the
5 adjustment in this subsection (G)(3) until the fifth year
6 following the effective date of the reorganization.
7     (4) For the purposes of calculating general State aid for
8 the 1999-2000 school year only, if a school district
9 experienced a triennial reassessment on the equalized assessed
10 valuation used in calculating its general State financial aid
11 apportionment for the 1998-1999 school year, the State Board of
12 Education shall calculate the Extension Limitation Equalized
13 Assessed Valuation that would have been used to calculate the
14 district's 1998-1999 general State aid. This amount shall equal
15 the product of the equalized assessed valuation used to
16 calculate general State aid for the 1997-1998 school year and
17 the district's Extension Limitation Ratio. If the Extension
18 Limitation Equalized Assessed Valuation of the school district
19 as calculated under this paragraph (4) is less than the
20 district's equalized assessed valuation utilized in
21 calculating the district's 1998-1999 general State aid
22 allocation, then for purposes of calculating the district's
23 general State aid pursuant to paragraph (5) of subsection (E),
24 that Extension Limitation Equalized Assessed Valuation shall
25 be utilized to calculate the district's Available Local
26 Resources.

 

 

09600HB4886ham001 - 35 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 36 - LRB096 15868 MJR 38208 a

1 State aid is insufficient to pay the amounts required under the
2 general State aid and supplemental general State aid
3 calculations, then the State Board of Education shall ensure
4 that each school district receives the full amount due for
5 general State aid and the remainder of the appropriation shall
6 be used for supplemental general State aid, which the State
7 Board of Education shall calculate and pay to eligible
8 districts on a prorated basis.
9     (1.5) This paragraph (1.5) applies only to those school
10 years preceding the 2003-2004 school year. For purposes of this
11 subsection (H), the term "Low-Income Concentration Level"
12 shall be the low-income eligible pupil count from the most
13 recently available federal census divided by the Average Daily
14 Attendance of the school district. If, however, (i) the
15 percentage decrease from the 2 most recent federal censuses in
16 the low-income eligible pupil count of a high school district
17 with fewer than 400 students exceeds by 75% or more the
18 percentage change in the total low-income eligible pupil count
19 of contiguous elementary school districts, whose boundaries
20 are coterminous with the high school district, or (ii) a high
21 school district within 2 counties and serving 5 elementary
22 school districts, whose boundaries are coterminous with the
23 high school district, has a percentage decrease from the 2 most
24 recent federal censuses in the low-income eligible pupil count
25 and there is a percentage increase in the total low-income
26 eligible pupil count of a majority of the elementary school

 

 

09600HB4886ham001 - 37 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 38 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 39 - LRB096 15868 MJR 38208 a

1     above shall be increased to $1,243, $1,600, and $2,000,
2     respectively.
3         (f) For the 2000-2001 school year, the per pupil
4     amounts specified in subparagraphs (b), (c), and (d)
5     immediately above shall be $1,273, $1,640, and $2,050,
6     respectively.
7     (2.5) Supplemental general State aid pursuant to this
8 subsection (H) shall be provided as follows for the 2002-2003
9 school year:
10         (a) For any school district with a Low Income
11     Concentration Level of less than 10%, the grant for each
12     school year shall be $355 multiplied by the low income
13     eligible pupil count.
14         (b) For any school district with a Low Income
15     Concentration Level of at least 10% and less than 20%, the
16     grant for each school year shall be $675 multiplied by the
17     low income eligible pupil count.
18         (c) For any school district with a Low Income
19     Concentration Level of at least 20% and less than 35%, the
20     grant for each school year shall be $1,330 multiplied by
21     the low income eligible pupil count.
22         (d) For any school district with a Low Income
23     Concentration Level of at least 35% and less than 50%, the
24     grant for each school year shall be $1,362 multiplied by
25     the low income eligible pupil count.
26         (e) For any school district with a Low Income

 

 

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1     Concentration Level of at least 50% and less than 60%, the
2     grant for each school year shall be $1,680 multiplied by
3     the low income eligible pupil count.
4         (f) For any school district with a Low Income
5     Concentration Level of 60% or more, the grant for each
6     school year shall be $2,080 multiplied by the low income
7     eligible pupil count.
8     (2.10) Except as otherwise provided, supplemental general
9 State aid pursuant to this subsection (H) shall be provided as
10 follows for the 2003-2004 school year and each school year
11 thereafter:
12         (a) For any school district with a Low Income
13     Concentration Level of 15% or less, the grant for each
14     school year shall be $355 multiplied by the low income
15     eligible pupil count.
16         (b) For any school district with a Low Income
17     Concentration Level greater than 15%, the grant for each
18     school year shall be $294.25 added to the product of $2,700
19     and the square of the Low Income Concentration Level, all
20     multiplied by the low income eligible pupil count.
21     For the 2003-2004 school year and each school year
22 thereafter through the 2008-2009 school year only, the grant
23 shall be no less than the grant for the 2002-2003 school year.
24 For the 2009-2010 school year only, the grant shall be no less
25 than the grant for the 2002-2003 school year multiplied by
26 0.66. For the 2010-2011 school year only, the grant shall be no

 

 

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1 less than the grant for the 2002-2003 school year multiplied by
2 0.33. Notwithstanding the provisions of this paragraph to the
3 contrary, if for any school year supplemental general State aid
4 grants are prorated as provided in paragraph (1) of this
5 subsection (H), then the grants under this paragraph shall be
6 prorated.
7     For the 2003-2004 school year only, the grant shall be no
8 greater than the grant received during the 2002-2003 school
9 year added to the product of 0.25 multiplied by the difference
10 between the grant amount calculated under subsection (a) or (b)
11 of this paragraph (2.10), whichever is applicable, and the
12 grant received during the 2002-2003 school year. For the
13 2004-2005 school year only, the grant shall be no greater than
14 the grant received during the 2002-2003 school year added to
15 the product of 0.50 multiplied by the difference between the
16 grant amount calculated under subsection (a) or (b) of this
17 paragraph (2.10), whichever is applicable, and the grant
18 received during the 2002-2003 school year. For the 2005-2006
19 school year only, the grant shall be no greater than the grant
20 received during the 2002-2003 school year added to the product
21 of 0.75 multiplied by the difference between the grant amount
22 calculated under subsection (a) or (b) of this paragraph
23 (2.10), whichever is applicable, and the grant received during
24 the 2002-2003 school year.
25     (3) School districts with an Average Daily Attendance of
26 more than 1,000 and less than 50,000 that qualify for

 

 

09600HB4886ham001 - 42 - LRB096 15868 MJR 38208 a

1 supplemental general State aid pursuant to this subsection
2 shall submit a plan to the State Board of Education prior to
3 October 30 of each year for the use of the funds resulting from
4 this grant of supplemental general State aid for the
5 improvement of instruction in which priority is given to
6 meeting the education needs of disadvantaged children. Such
7 plan shall be submitted in accordance with rules and
8 regulations promulgated by the State Board of Education.
9     (4) School districts with an Average Daily Attendance of
10 50,000 or more that qualify for supplemental general State aid
11 pursuant to this subsection shall be required to distribute
12 from funds available pursuant to this Section, no less than
13 $261,000,000 in accordance with the following requirements:
14         (a) The required amounts shall be distributed to the
15     attendance centers within the district in proportion to the
16     number of pupils enrolled at each attendance center who are
17     eligible to receive free or reduced-price lunches or
18     breakfasts under the federal Child Nutrition Act of 1966
19     and under the National School Lunch Act during the
20     immediately preceding school year.
21         (b) The distribution of these portions of supplemental
22     and general State aid among attendance centers according to
23     these requirements shall not be compensated for or
24     contravened by adjustments of the total of other funds
25     appropriated to any attendance centers, and the Board of
26     Education shall utilize funding from one or several sources

 

 

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

 

 

09600HB4886ham001 - 44 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 45 - LRB096 15868 MJR 38208 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

 

 

09600HB4886ham001 - 46 - LRB096 15868 MJR 38208 a

1     regulations to implement the provisions of this
2     subsection. No funds shall be released under this
3     subdivision (H)(4) to any district that has not submitted a
4     plan that has been approved by the State Board of
5     Education.
 
6 (I) (Blank).
 
7 (J) Supplementary Grants in Aid.
8     (1) Notwithstanding any other provisions of this Section,
9 the amount of the aggregate general State aid in combination
10 with supplemental general State aid under this Section for
11 which each school district is eligible shall be no less than
12 the amount of the aggregate general State aid entitlement that
13 was received by the district under Section 18-8 (exclusive of
14 amounts received under subsections 5(p) and 5(p-5) of that
15 Section) for the 1997-98 school year, pursuant to the
16 provisions of that Section as it was then in effect. If a
17 school district qualifies to receive a supplementary payment
18 made under this subsection (J), the amount of the aggregate
19 general State aid in combination with supplemental general
20 State aid under this Section which that district is eligible to
21 receive for each school year shall be no less than the amount
22 of the aggregate general State aid entitlement that was
23 received by the district under Section 18-8 (exclusive of
24 amounts received under subsections 5(p) and 5(p-5) of that

 

 

09600HB4886ham001 - 47 - LRB096 15868 MJR 38208 a

1 Section) for the 1997-1998 school year, pursuant to the
2 provisions of that Section as it was then in effect.
3     (2) If, as provided in paragraph (1) of this subsection
4 (J), a school district is to receive aggregate general State
5 aid in combination with supplemental general State aid under
6 this Section for the 1998-99 school year and any subsequent
7 school year that in any such school year is less than the
8 amount of the aggregate general State aid entitlement that the
9 district received for the 1997-98 school year, the school
10 district shall also receive, from a separate appropriation made
11 for purposes of this subsection (J), a supplementary payment
12 that is equal to the amount of the difference in the aggregate
13 State aid figures as described in paragraph (1).
14     (3) (Blank).
 
15 (K) Grants to Laboratory and Alternative Schools.
16     In calculating the amount to be paid to the governing board
17 of a public university that operates a laboratory school under
18 this Section or to any alternative school that is operated by a
19 regional superintendent of schools, the State Board of
20 Education shall require by rule such reporting requirements as
21 it deems necessary.
22     As used in this Section, "laboratory school" means a public
23 school which is created and operated by a public university and
24 approved by the State Board of Education. The governing board
25 of a public university which receives funds from the State

 

 

09600HB4886ham001 - 48 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 49 - LRB096 15868 MJR 38208 a

1 State aid claim which states the Average Daily Attendance of
2 the school's students by month. The best 3 months' Average
3 Daily Attendance shall be computed for each school. The general
4 State aid entitlement shall be computed by multiplying the
5 applicable Average Daily Attendance by the Foundation Level as
6 determined under this Section.
 
7 (L) Payments, Additional Grants in Aid and Other Requirements.
8     (1) For a school district operating under the financial
9 supervision of an Authority created under Article 34A, the
10 general State aid otherwise payable to that district under this
11 Section, but not the supplemental general State aid, shall be
12 reduced by an amount equal to the budget for the operations of
13 the Authority as certified by the Authority to the State Board
14 of Education, and an amount equal to such reduction shall be
15 paid to the Authority created for such district for its
16 operating expenses in the manner provided in Section 18-11. The
17 remainder of general State school aid for any such district
18 shall be paid in accordance with Article 34A when that Article
19 provides for a disposition other than that provided by this
20 Article.
21     (2) (Blank).
22     (3) Summer school. Summer school payments shall be made as
23 provided in Section 18-4.3.
 
24 (M) Education Funding Advisory Board.

 

 

09600HB4886ham001 - 50 - LRB096 15868 MJR 38208 a

1     The Education Funding Advisory Board, hereinafter in this
2 subsection (M) referred to as the "Board", is hereby created.
3 The Board shall consist of 5 members who are appointed by the
4 Governor, by and with the advice and consent of the Senate. The
5 members appointed shall include representatives of education,
6 business, and the general public. One of the members so
7 appointed shall be designated by the Governor at the time the
8 appointment is made as the chairperson of the Board. The
9 initial members of the Board may be appointed any time after
10 the effective date of this amendatory Act of 1997. The regular
11 term of each member of the Board shall be for 4 years from the
12 third Monday of January of the year in which the term of the
13 member's appointment is to commence, except that of the 5
14 initial members appointed to serve on the Board, the member who
15 is appointed as the chairperson shall serve for a term that
16 commences on the date of his or her appointment and expires on
17 the third Monday of January, 2002, and the remaining 4 members,
18 by lots drawn at the first meeting of the Board that is held
19 after all 5 members are appointed, shall determine 2 of their
20 number to serve for terms that commence on the date of their
21 respective appointments and expire on the third Monday of
22 January, 2001, and 2 of their number to serve for terms that
23 commence on the date of their respective appointments and
24 expire on the third Monday of January, 2000. All members
25 appointed to serve on the Board shall serve until their
26 respective successors are appointed and confirmed. Vacancies

 

 

09600HB4886ham001 - 51 - LRB096 15868 MJR 38208 a

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

 

 

09600HB4886ham001 - 52 - LRB096 15868 MJR 38208 a

1 for the supplemental general State aid grant level under
2 subsection (H) of this Section for districts with high
3 concentrations of children from poverty. The recommended
4 foundation level shall be determined based on a methodology
5 which incorporates the basic education expenditures of
6 low-spending schools exhibiting high academic performance. The
7 Education Funding Advisory Board shall make such
8 recommendations to the General Assembly on January 1 of odd
9 numbered years, beginning January 1, 2001.
 
10 (N) (Blank).
 
11 (O) References.
12     (1) References in other laws to the various subdivisions of
13 Section 18-8 as that Section existed before its repeal and
14 replacement by this Section 18-8.05 shall be deemed to refer to
15 the corresponding provisions of this Section 18-8.05, to the
16 extent that those references remain applicable.
17     (2) References in other laws to State Chapter 1 funds shall
18 be deemed to refer to the supplemental general State aid
19 provided under subsection (H) of this Section.
 
20 (P) Public Act 93-838 and Public Act 93-808 make inconsistent
21 changes to this Section. Under Section 6 of the Statute on
22 Statutes there is an irreconcilable conflict between Public Act
23 93-808 and Public Act 93-838. Public Act 93-838, being the last

 

 

09600HB4886ham001 - 53 - LRB096 15868 MJR 38208 a

1 acted upon, is controlling. The text of Public Act 93-838 is
2 the law regardless of the text of Public Act 93-808.
3 (Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
4 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
5 8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
6 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised
7 10-23-09.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.".