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92_SB1331
LRB9208007NTpkA
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 3-11, 10-19, 10-22.18d, 18-8.05, and 18-12 as
6 follows:
7 (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
8 Sec. 3-11. Institutes or inservice training workshops.
9 Each In counties of less than 2,000,000 inhabitants, the
10 regional superintendent may arrange for or conduct district,
11 regional, or county institutes, or equivalent professional
12 educational experiences, not more than 4 days annually. Of
13 those 4 days, 2 days may be used as a teacher's workshop,
14 when approved by the regional superintendent, up to 2 days
15 may be used for conducting parent-teacher conferences or up
16 to 2 days may be utilized as parental institute days as
17 provided in Section 10-22.18d. A school district may use an
18 one of its 4 institute day days on the last day of the school
19 term. "Institute" or "Professional educational experiences"
20 means any inservice training workshop, educational gathering,
21 demonstration of methods of instruction, visitation of
22 schools or other institutions or facilities, or sexual abuse
23 and sexual assault awareness seminar held or approved by the
24 regional superintendent and declared by him to be an
25 institute day, or parent-teacher conferences. With the
26 concurrence of the State Superintendent of Education, he or
27 she may employ such assistance as is necessary to conduct the
28 institute. Two or more adjoining regions counties may
29 jointly hold an institute. Institute instruction shall be
30 free to holders of certificates good in the county or
31 counties holding the institute, and to those who have paid an
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1 examination fee and failed to receive a certificate.
2 In counties of 2,000,000 or more inhabitants, the
3 regional superintendent may arrange for or conduct district,
4 regional, or county inservice training workshops, or
5 equivalent professional educational experiences, not more
6 than 4 days annually. Of those 4 days, 2 days may be used for
7 conducting parent-teacher conferences and up to 2 days may be
8 utilized as parental institute days as provided in Section
9 10-22.18d. A school district may use one of those 4 days on
10 the last day of the school term. "Inservice Training
11 Workshops" or "Professional educational experiences" means
12 any educational gathering, demonstration of methods of
13 instruction, visitation of schools or other institutions or
14 facilities, or sexual abuse and sexual assault awareness
15 seminar held or approved by the regional superintendent and
16 declared by him to be an inservice training workshop, or
17 parent-teacher conferences. With the concurrence of the
18 State Superintendent of Education, he may employ such
19 assistance as is necessary to conduct the inservice training
20 workshop. With the approval of the regional superintendent,
21 2 or more adjoining districts may jointly hold an inservice
22 training workshop. In addition, with the approval of the
23 regional superintendent, one district may conduct its own
24 inservice training workshop with subject matter consultants
25 requested from the county, State or any State institution of
26 higher learning.
27 Such teachers institutes as referred to in this Section
28 may be held on consecutive or separate days at the option of
29 the regional superintendent having jurisdiction thereof.
30 Whenever reference is made in this Act to "teachers
31 institute", it shall be construed to include the inservice
32 training workshops or equivalent professional educational
33 experiences provided for in this Section.
34 Any institute advisory committee existing on April 1,
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1 1995, is dissolved and the duties and responsibilities of the
2 institute advisory committee are assumed by the regional
3 office of education advisory board.
4 Districts providing inservice training programs shall
5 constitute inservice committees, 1/2 of which shall be
6 teachers, 1/4 school service personnel and 1/4 administrators
7 to establish program content and schedules.
8 The teachers institutes shall include teacher training
9 committed to peer counseling programs and other anti-violence
10 and conflict resolution programs, including without
11 limitation programs for preventing at risk students from
12 committing violent acts.
13 (Source: P.A. 91-491, eff. 8-13-99.)
14 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
15 Sec. 10-19. Length of school term - experimental
16 programs. Each school board shall annually prepare and submit
17 to the State Board of Education for approval a proposed and a
18 final a calendar for the school term, specifying the opening
19 and closing dates and providing a minimum term of at least
20 190 185 days, including a minimum of 10 emergency days and up
21 to the equivalent of 4 days for approved teachers institutes
22 under Section 3-11, parent-teacher conferences, parental
23 institutes under Section 10-22.18d, in-service training
24 programs under Section 10-22.39, and school improvement
25 activities, to ensure insure 176 days of actual pupil
26 attendance, computable under Section 18-8.05, except that for
27 the 1980-1981 school year only 175 days of actual pupil
28 attendance shall be required because of the closing of
29 schools pursuant to Section 24-2 on January 29, 1981 upon the
30 appointment by the President of that day as a day of
31 thanksgiving for the freedom of the Americans who had been
32 held hostage in Iran. These teachers institutes,
33 parent-teacher conferences, parental institutes, in-service
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1 training programs, and school improvement activities must be
2 approved by the regional superintendent of schools and may be
3 conducted on full days or half days, provided that the
4 activities are not held on days included within the
5 district's 176 full days of actual pupil attendance. Any
6 days allowed by law for teachers institutes, parent-teacher
7 conferences, parental institutes, in-service training
8 programs, and school improvement activities teachers'
9 institute but not used as such or used as parental institutes
10 as provided in Section 10-22.18d shall increase the minimum
11 number of days of actual pupil attendance term by the school
12 days not so used. Except as provided in Section 10-19.1, the
13 board may not extend the school term beyond such closing date
14 unless that extension of term is necessary to provide the
15 minimum number of computable days. In case of such necessary
16 extension school employees shall be paid for such additional
17 time on the basis of their regular contracts if the extension
18 increases the number of days that employees are required to
19 work. A school board may specify a closing date earlier than
20 that set on the annual calendar when the schools of the
21 district have provided the minimum number of computable days
22 under this Section. Nothing in this Section prevents the
23 board from employing superintendents of schools, principals
24 and other nonteaching personnel for a period of 12 months, or
25 in the case of superintendents for a period in accordance
26 with Section 10-23.8, or prevents the board from employing
27 other personnel before or after the regular school term with
28 payment of salary proportionate to that received for
29 comparable work during the school term.
30 A school board may make such changes in its calendar for
31 the school term as may be required by any changes in the
32 legal school holidays prescribed in Section 24-2. A school
33 board may make changes in its calendar for the school term as
34 may be necessary to reflect the utilization of teachers'
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1 institute days as parental institute days as provided in
2 Section 10-22.18d.
3 With the prior approval of the State Board of Education
4 and subject to review by the State Board of Education every 3
5 years, any school board may, by resolution of its board and
6 in agreement with affected exclusive collective bargaining
7 agents, establish experimental educational programs,
8 including but not limited to programs for self-directed
9 learning or outside of formal class periods, which programs
10 when so approved shall be considered to comply with the
11 requirements of this Section as respects numbers of days of
12 actual pupil attendance and with the other requirements of
13 this Act as respects courses of instruction.
14 The intent of this amendatory Act of the 92nd General
15 Assembly is that the General Assembly seeks to establish a
16 minimum number of days that a student and teacher are engaged
17 in learning in the classroom, with a "day" defined as no less
18 than 5 clock hours of instruction.
19 (Source: P.A. 91-96, eff. 7-9-99.)
20 (105 ILCS 5/10-22.18d) (from Ch. 122, par. 10-22.18d)
21 Sec. 10-22.18d. Parental institutes. A school district
22 may utilize up to two days allowed by law for teachers'
23 institutes to conduct parental institutes for the parents and
24 guardians of children attending the district if approved by
25 the regional superintendent of schools under Section 10-19.
26 No district may conduct utilize teachers' institute days as
27 parental institute days without the consent of the district's
28 inservice advisory committee created under Section 3-11. If
29 a district does not have an inservice advisory committee,
30 parental institute days must be approved by the district's
31 teaching staff.
32 Parental institutes shall be designed by the school
33 district upon consultation with the district's teaching
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1 staff, administrators, and parents' organizations. The
2 district may provide appropriate personnel, including
3 district staff, to conduct, attend, or participate in all or
4 any portion of the institutes.
5 Parental institutes shall provide information on such
6 topics as the district shall deem necessary to achieve the
7 following purposes:
8 (1) Enhance parental involvement in the education
9 of the district's students;
10 (2) Improve parental communication and involvement
11 with the district;
12 (3) Enhance parental knowledge of child
13 development, district programs, school conditions, and
14 societal problems threatening students; and
15 (4) Improve parental skill development.
16 Districts shall use every means available to inform
17 parents and guardians about parental institutes and to
18 encourage attendance at and active participation in such
19 events.
20 Parental institutes may be held during that period of the
21 day which is not part of the regular school day and may be
22 held on Saturdays. Days scheduled for parental institutes
23 may be scheduled separately for different grade levels and
24 different attendance centers of the district.
25 Districts may establish reasonable fees, not to exceed
26 the cost of holding parental institutes, for attendance and
27 shall waive any fees so established for any parents or
28 guardians who may be unable to afford such fees. Nothing
29 shall preclude districts from applying for or accepting
30 private funds to conduct parental institutes.
31 (Source: P.A. 86-1250.)
32 (105 ILCS 5/18-8.05)
33 Sec. 18-8.05. Basis for apportionment of general State
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1 financial aid and supplemental general State aid to the
2 common schools for the 1998-1999 and subsequent school years.
3 (A) General Provisions.
4 (1) The provisions of this Section apply to the
5 1998-1999 and subsequent school years. The system of general
6 State financial aid provided for in this Section is designed
7 to assure that, through a combination of State financial aid
8 and required local resources, the financial support provided
9 each pupil in Average Daily Attendance equals or exceeds a
10 prescribed per pupil Foundation Level. This formula approach
11 imputes a level of per pupil Available Local Resources and
12 provides for the basis to calculate a per pupil level of
13 general State financial aid that, when added to Available
14 Local Resources, equals or exceeds the Foundation Level. The
15 amount of per pupil general State financial aid for school
16 districts, in general, varies in inverse relation to
17 Available Local Resources. Per pupil amounts are based upon
18 each school district's Average Daily Attendance as that term
19 is defined in this Section.
20 (2) In addition to general State financial aid, school
21 districts with specified levels or concentrations of pupils
22 from low income households are eligible to receive
23 supplemental general State financial aid grants as provided
24 pursuant to subsection (H). The supplemental State aid grants
25 provided for school districts under subsection (H) shall be
26 appropriated for distribution to school districts as part of
27 the same line item in which the general State financial aid
28 of school districts is appropriated under this Section.
29 (3) To receive financial assistance under this Section,
30 school districts are required to file claims with the State
31 Board of Education, subject to the following requirements:
32 (a) Any school district which fails for any given
33 school year to maintain school as required by law, or to
34 maintain a recognized school is not eligible to file for
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1 such school year any claim upon the Common School Fund.
2 In case of nonrecognition of one or more attendance
3 centers in a school district otherwise operating
4 recognized schools, the claim of the district shall be
5 reduced in the proportion which the Average Daily
6 Attendance in the attendance center or centers bear to
7 the Average Daily Attendance in the school district. A
8 "recognized school" means any public school which meets
9 the standards as established for recognition by the State
10 Board of Education. A school district or attendance
11 center not having recognition status at the end of a
12 school term is entitled to receive State aid payments due
13 upon a legal claim which was filed while it was
14 recognized.
15 (b) School district claims filed under this Section
16 are subject to Sections 18-9, 18-10, and 18-12, except as
17 otherwise provided in this Section.
18 (c) If a school district operates a full year
19 school under Section 10-19.1, the general State aid to
20 the school district shall be determined by the State
21 Board of Education in accordance with this Section as
22 near as may be applicable.
23 (d) (Blank).
24 (4) Except as provided in subsections (H) and (L), the
25 board of any district receiving any of the grants provided
26 for in this Section may apply those funds to any fund so
27 received for which that board is authorized to make
28 expenditures by law.
29 School districts are not required to exert a minimum
30 Operating Tax Rate in order to qualify for assistance under
31 this Section.
32 (5) As used in this Section the following terms, when
33 capitalized, shall have the meaning ascribed herein:
34 (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
3 financial support levels.
4 (b) "Available Local Resources": A computation of
5 local financial support, calculated on the basis of
6 Average Daily Attendance and derived as provided pursuant
7 to subsection (D).
8 (c) "Corporate Personal Property Replacement
9 Taxes": Funds paid to local school districts pursuant to
10 "An Act in relation to the abolition of ad valorem
11 personal property tax and the replacement of revenues
12 lost thereby, and amending and repealing certain Acts and
13 parts of Acts in connection therewith", certified August
14 14, 1979, as amended (Public Act 81-1st S.S.-1).
15 (d) "Foundation Level": A prescribed level of per
16 pupil financial support as provided for in subsection
17 (B).
18 (e) "Operating Tax Rate": All school district
19 property taxes extended for all purposes, except Bond and
20 Interest, Summer School, Rent, Capital Improvement, and
21 Vocational Education Building purposes.
22 (B) Foundation Level.
23 (1) The Foundation Level is a figure established by the
24 State representing the minimum level of per pupil financial
25 support that should be available to provide for the basic
26 education of each pupil in Average Daily Attendance. As set
27 forth in this Section, each school district is assumed to
28 exert a sufficient local taxing effort such that, in
29 combination with the aggregate of general State financial aid
30 provided the district, an aggregate of State and local
31 resources are available to meet the basic education needs of
32 pupils in the district.
33 (2) For the 1998-1999 school year, the Foundation Level
34 of support is $4,225. For the 1999-2000 school year, the
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1 Foundation Level of support is $4,325. For the 2000-2001
2 school year, the Foundation Level of support is $4,425.
3 (3) For the 2001-2002 school year and each school year
4 thereafter, the Foundation Level of support is $4,425 or such
5 greater amount as may be established by law by the General
6 Assembly.
7 (C) Average Daily Attendance.
8 (1) For purposes of calculating general State aid
9 pursuant to subsection (E), an Average Daily Attendance
10 figure shall be utilized. The Average Daily Attendance
11 figure for formula calculation purposes shall be the monthly
12 average of the actual number of pupils in attendance of each
13 school district, as further averaged for the best 3 months of
14 pupil attendance for each school district. In compiling the
15 figures for the number of pupils in attendance, school
16 districts and the State Board of Education shall, for
17 purposes of general State aid funding, conform attendance
18 figures to the requirements of subsection (F).
19 (2) The Average Daily Attendance figures utilized in
20 subsection (E) shall be the requisite attendance data for the
21 school year immediately preceding the school year for which
22 general State aid is being calculated.
23 (D) Available Local Resources.
24 (1) For purposes of calculating general State aid
25 pursuant to subsection (E), a representation of Available
26 Local Resources per pupil, as that term is defined and
27 determined in this subsection, shall be utilized. Available
28 Local Resources per pupil shall include a calculated dollar
29 amount representing local school district revenues from local
30 property taxes and from Corporate Personal Property
31 Replacement Taxes, expressed on the basis of pupils in
32 Average Daily Attendance.
33 (2) In determining a school district's revenue from
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1 local property taxes, the State Board of Education shall
2 utilize the equalized assessed valuation of all taxable
3 property of each school district as of September 30 of the
4 previous year. The equalized assessed valuation utilized
5 shall be obtained and determined as provided in subsection
6 (G).
7 (3) For school districts maintaining grades kindergarten
8 through 12, local property tax revenues per pupil shall be
9 calculated as the product of the applicable equalized
10 assessed valuation for the district multiplied by 3.00%, and
11 divided by the district's Average Daily Attendance figure.
12 For school districts maintaining grades kindergarten through
13 8, local property tax revenues per pupil shall be calculated
14 as the product of the applicable equalized assessed valuation
15 for the district multiplied by 2.30%, and divided by the
16 district's Average Daily Attendance figure. For school
17 districts maintaining grades 9 through 12, local property tax
18 revenues per pupil shall be the applicable equalized assessed
19 valuation of the district multiplied by 1.05%, and divided by
20 the district's Average Daily Attendance figure.
21 (4) The Corporate Personal Property Replacement Taxes
22 paid to each school district during the calendar year 2 years
23 before the calendar year in which a school year begins,
24 divided by the Average Daily Attendance figure for that
25 district, shall be added to the local property tax revenues
26 per pupil as derived by the application of the immediately
27 preceding paragraph (3). The sum of these per pupil figures
28 for each school district shall constitute Available Local
29 Resources as that term is utilized in subsection (E) in the
30 calculation of general State aid.
31 (E) Computation of General State Aid.
32 (1) For each school year, the amount of general State
33 aid allotted to a school district shall be computed by the
34 State Board of Education as provided in this subsection.
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1 (2) For any school district for which Available Local
2 Resources per pupil is less than the product of 0.93 times
3 the Foundation Level, general State aid for that district
4 shall be calculated as an amount equal to the Foundation
5 Level minus Available Local Resources, multiplied by the
6 Average Daily Attendance of the school district.
7 (3) For any school district for which Available Local
8 Resources per pupil is equal to or greater than the product
9 of 0.93 times the Foundation Level and less than the product
10 of 1.75 times the Foundation Level, the general State aid per
11 pupil shall be a decimal proportion of the Foundation Level
12 derived using a linear algorithm. Under this linear
13 algorithm, the calculated general State aid per pupil shall
14 decline in direct linear fashion from 0.07 times the
15 Foundation Level for a school district with Available Local
16 Resources equal to the product of 0.93 times the Foundation
17 Level, to 0.05 times the Foundation Level for a school
18 district with Available Local Resources equal to the product
19 of 1.75 times the Foundation Level. The allocation of
20 general State aid for school districts subject to this
21 paragraph 3 shall be the calculated general State aid per
22 pupil figure multiplied by the Average Daily Attendance of
23 the school district.
24 (4) For any school district for which Available Local
25 Resources per pupil equals or exceeds the product of 1.75
26 times the Foundation Level, the general State aid for the
27 school district shall be calculated as the product of $218
28 multiplied by the Average Daily Attendance of the school
29 district.
30 (5) The amount of general State aid allocated to a
31 school district for the 1999-2000 school year meeting the
32 requirements set forth in paragraph (4) of subsection (G)
33 shall be increased by an amount equal to the general State
34 aid that would have been received by the district for the
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1 1998-1999 school year by utilizing the Extension Limitation
2 Equalized Assessed Valuation as calculated in paragraph (4)
3 of subsection (G) less the general State aid allotted for the
4 1998-1999 school year. This amount shall be deemed a one
5 time increase, and shall not affect any future general State
6 aid allocations.
7 (F) Compilation of Average Daily Attendance.
8 (1) Each school district shall, by July 1 of each year,
9 submit to the State Board of Education, on forms prescribed
10 by the State Board of Education, attendance figures for the
11 school year that began in the preceding calendar year. The
12 attendance information so transmitted shall identify the
13 average daily attendance figures for each month of the school
14 year, except that any days of attendance in August shall be
15 added to the month of September and any days of attendance in
16 June shall be added to the month of May.
17 Except as otherwise provided in this Section, days of
18 attendance by pupils shall be counted only for sessions of
19 not less than 5 clock hours of school work per day under
20 direct supervision of: (i) teachers, or (ii) non-teaching
21 personnel or volunteer personnel when engaging in
22 non-teaching duties and supervising in those instances
23 specified in subsection (a) of Section 10-22.34 and paragraph
24 10 of Section 34-18, with pupils of legal school age and in
25 kindergarten and grades 1 through 12.
26 Days of attendance by tuition pupils shall be accredited
27 only to the districts that pay the tuition to a recognized
28 school.
29 (2) Days of attendance by pupils of less than 5 clock
30 hours of school shall be subject to the following provisions
31 in the compilation of Average Daily Attendance.
32 (a) Pupils regularly enrolled in a public school
33 for only a part of the school day may be counted on the
34 basis of 1/6 day for every class hour of instruction of
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1 40 minutes or more attended pursuant to such enrollment.
2 (b) (Blank). Days of attendance may be less than 5
3 clock hours on the opening and closing of the school
4 term, and upon the first day of pupil attendance, if
5 preceded by a day or days utilized as an institute or
6 teachers' workshop.
7 (c) A session of 4 or more clock hours may be
8 counted as a day of attendance upon certification by the
9 regional superintendent, and approved by the State
10 Superintendent of Education to the extent that the
11 district has been forced to use daily multiple sessions.
12 (d) (Blank). A session of 3 or more clock hours may
13 be counted as a day of attendance (1) when the remainder
14 of the school day or at least 2 hours in the evening of
15 that day is utilized for an in-service training program
16 for teachers, up to a maximum of 5 days per school year
17 of which a maximum of 4 days of such 5 days may be used
18 for parent-teacher conferences, provided a district
19 conducts an in-service training program for teachers
20 which has been approved by the State Superintendent of
21 Education; or, in lieu of 4 such days, 2 full days may be
22 used, in which event each such day may be counted as a
23 day of attendance; and (2) when days in addition to those
24 provided in item (1) are scheduled by a school pursuant
25 to its school improvement plan adopted under Article 34
26 or its revised or amended school improvement plan adopted
27 under Article 2, provided that (i) such sessions of 3 or
28 more clock hours are scheduled to occur at regular
29 intervals, (ii) the remainder of the school days in which
30 such sessions occur are utilized for in-service training
31 programs or other staff development activities for
32 teachers, and (iii) a sufficient number of minutes of
33 school work under the direct supervision of teachers are
34 added to the school days between such regularly scheduled
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1 sessions to accumulate not less than the number of
2 minutes by which such sessions of 3 or more clock hours
3 fall short of 5 clock hours. Any full days used for the
4 purposes of this paragraph shall not be considered for
5 computing average daily attendance. Days scheduled for
6 in-service training programs, staff development
7 activities, or parent-teacher conferences may be
8 scheduled separately for different grade levels and
9 different attendance centers of the district.
10 (e) A session of not less than one clock hour of
11 teaching hospitalized or homebound pupils on-site or by
12 telephone to the classroom may be counted as 1/2 day of
13 attendance, however these pupils must receive 4 or more
14 clock hours of instruction to be counted for a full day
15 of attendance.
16 (f) A session of at least 4 clock hours may be
17 counted as a day of attendance for first grade pupils,
18 and pupils in full day kindergartens, and a session of 2
19 or more hours may be counted as 1/2 day of attendance by
20 pupils in kindergartens which provide only 1/2 day of
21 attendance.
22 (g) For children with disabilities who are below
23 the age of 6 years and who cannot attend 2 or more clock
24 hours because of their disability or immaturity, a
25 session of not less than one clock hour may be counted as
26 1/2 day of attendance; however for such children whose
27 educational needs so require a session of 4 or more clock
28 hours may be counted as a full day of attendance.
29 (h) A recognized kindergarten which provides for
30 only 1/2 day of attendance by each pupil shall not have
31 more than 1/2 day of attendance counted in any one day.
32 However, kindergartens may count 2 1/2 days of attendance
33 in any 5 consecutive school days. When a pupil attends
34 such a kindergarten for 2 half days on any one school
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1 day, the pupil shall have the following day as a day
2 absent from school, unless the school district obtains
3 permission in writing from the State Superintendent of
4 Education. Attendance at kindergartens which provide for
5 a full day of attendance by each pupil shall be counted
6 the same as attendance by first grade pupils. Only the
7 first year of attendance in one kindergarten shall be
8 counted, except in case of children who entered the
9 kindergarten in their fifth year whose educational
10 development requires a second year of kindergarten as
11 determined under the rules and regulations of the State
12 Board of Education.
13 (G) Equalized Assessed Valuation Data.
14 (1) For purposes of the calculation of Available Local
15 Resources required pursuant to subsection (D), the State
16 Board of Education shall secure from the Department of
17 Revenue the value as equalized or assessed by the Department
18 of Revenue of all taxable property of every school district,
19 together with (i) the applicable tax rate used in extending
20 taxes for the funds of the district as of September 30 of the
21 previous year and (ii) the limiting rate for all school
22 districts subject to property tax extension limitations as
23 imposed under the Property Tax Extension Limitation Law.
24 This equalized assessed valuation, as adjusted further by
25 the requirements of this subsection, shall be utilized in the
26 calculation of Available Local Resources.
27 (2) The equalized assessed valuation in paragraph (1)
28 shall be adjusted, as applicable, in the following manner:
29 (a) For the purposes of calculating State aid under
30 this Section, with respect to any part of a school
31 district within a redevelopment project area in respect
32 to which a municipality has adopted tax increment
33 allocation financing pursuant to the Tax Increment
34 Allocation Redevelopment Act, Sections 11-74.4-1 through
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1 11-74.4-11 of the Illinois Municipal Code or the
2 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
3 11-74.6-50 of the Illinois Municipal Code, no part of the
4 current equalized assessed valuation of real property
5 located in any such project area which is attributable to
6 an increase above the total initial equalized assessed
7 valuation of such property shall be used as part of the
8 equalized assessed valuation of the district, until such
9 time as all redevelopment project costs have been paid,
10 as provided in Section 11-74.4-8 of the Tax Increment
11 Allocation Redevelopment Act or in Section 11-74.6-35 of
12 the Industrial Jobs Recovery Law. For the purpose of the
13 equalized assessed valuation of the district, the total
14 initial equalized assessed valuation or the current
15 equalized assessed valuation, whichever is lower, shall
16 be used until such time as all redevelopment project
17 costs have been paid.
18 (b) The real property equalized assessed valuation
19 for a school district shall be adjusted by subtracting
20 from the real property value as equalized or assessed by
21 the Department of Revenue for the district an amount
22 computed by dividing the amount of any abatement of taxes
23 under Section 18-170 of the Property Tax Code by 3.00%
24 for a district maintaining grades kindergarten through
25 12, by 2.30% for a district maintaining grades
26 kindergarten through 8, or by 1.05% for a district
27 maintaining grades 9 through 12 and adjusted by an amount
28 computed by dividing the amount of any abatement of taxes
29 under subsection (a) of Section 18-165 of the Property
30 Tax Code by the same percentage rates for district type
31 as specified in this subparagraph (b).
32 (3) For the 1999-2000 school year and each school year
33 thereafter, if a school district meets all of the criteria of
34 this subsection (G)(3), the school district's Available Local
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1 Resources shall be calculated under subsection (D) using the
2 district's Extension Limitation Equalized Assessed Valuation
3 as calculated under this subsection (G)(3).
4 For purposes of this subsection (G)(3) the following
5 terms shall have the following meanings:
6 "Budget Year": The school year for which general
7 State aid is calculated and awarded under subsection (E).
8 "Base Tax Year": The property tax levy year used to
9 calculate the Budget Year allocation of general State
10 aid.
11 "Preceding Tax Year": The property tax levy year
12 immediately preceding the Base Tax Year.
13 "Base Tax Year's Tax Extension": The product of the
14 equalized assessed valuation utilized by the County Clerk
15 in the Base Tax Year multiplied by the limiting rate as
16 calculated by the County Clerk and defined in the
17 Property Tax Extension Limitation Law.
18 "Preceding Tax Year's Tax Extension": The product of
19 the equalized assessed valuation utilized by the County
20 Clerk in the Preceding Tax Year multiplied by the
21 Operating Tax Rate as defined in subsection (A).
22 "Extension Limitation Ratio": A numerical ratio,
23 certified by the County Clerk, in which the numerator is
24 the Base Tax Year's Tax Extension and the denominator is
25 the Preceding Tax Year's Tax Extension.
26 "Operating Tax Rate": The operating tax rate as
27 defined in subsection (A).
28 If a school district is subject to property tax extension
29 limitations as imposed under the Property Tax Extension
30 Limitation Law, and if the Available Local Resources of that
31 school district as calculated pursuant to subsection (D)
32 using the Base Tax Year are less than the product of 1.75
33 times the Foundation Level for the Budget Year, the State
34 Board of Education shall calculate the Extension Limitation
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1 Equalized Assessed Valuation of that district. For the
2 1999-2000 school year, the Extension Limitation Equalized
3 Assessed Valuation of a school district as calculated by the
4 State Board of Education shall be equal to the product of the
5 district's 1996 Equalized Assessed Valuation and the
6 district's Extension Limitation Ratio. For the 2000-2001
7 school year and each school year thereafter, the Extension
8 Limitation Equalized Assessed Valuation of a school district
9 as calculated by the State Board of Education shall be equal
10 to the product of the last calculated Extension Limitation
11 Equalized Assessed Valuation and the district's Extension
12 Limitation Ratio. If the Extension Limitation Equalized
13 Assessed Valuation of a school district as calculated under
14 this subsection (G)(3) is less than the district's equalized
15 assessed valuation as calculated pursuant to subsections
16 (G)(1) and (G)(2), then for purposes of calculating the
17 district's general State aid for the Budget Year pursuant to
18 subsection (E), that Extension Limitation Equalized Assessed
19 Valuation shall be utilized to calculate the district's
20 Available Local Resources under subsection (D).
21 (4) For the purposes of calculating general State aid
22 for the 1999-2000 school year only, if a school district
23 experienced a triennial reassessment on the equalized
24 assessed valuation used in calculating its general State
25 financial aid apportionment for the 1998-1999 school year,
26 the State Board of Education shall calculate the Extension
27 Limitation Equalized Assessed Valuation that would have been
28 used to calculate the district's 1998-1999 general State aid.
29 This amount shall equal the product of the equalized assessed
30 valuation used to calculate general State aid for the
31 1997-1998 school year and the district's Extension Limitation
32 Ratio. If the Extension Limitation Equalized Assessed
33 Valuation of the school district as calculated under this
34 paragraph (4) is less than the district's equalized assessed
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1 valuation utilized in calculating the district's 1998-1999
2 general State aid allocation, then for purposes of
3 calculating the district's general State aid pursuant to
4 paragraph (5) of subsection (E), that Extension Limitation
5 Equalized Assessed Valuation shall be utilized to calculate
6 the district's Available Local Resources.
7 (5) For school districts having a majority of their
8 equalized assessed valuation in any county except Cook,
9 DuPage, Kane, Lake, McHenry, or Will, if the amount of
10 general State aid allocated to the school district for the
11 1999-2000 school year under the provisions of subsection (E),
12 (H), and (J) of this Section is less than the amount of
13 general State aid allocated to the district for the 1998-1999
14 school year under these subsections, then the general State
15 aid of the district for the 1999-2000 school year only shall
16 be increased by the difference between these amounts. The
17 total payments made under this paragraph (5) shall not exceed
18 $14,000,000. Claims shall be prorated if they exceed
19 $14,000,000.
20 (H) Supplemental General State Aid.
21 (1) In addition to the general State aid a school
22 district is allotted pursuant to subsection (E), qualifying
23 school districts shall receive a grant, paid in conjunction
24 with a district's payments of general State aid, for
25 supplemental general State aid based upon the concentration
26 level of children from low-income households within the
27 school district. Supplemental State aid grants provided for
28 school districts under this subsection shall be appropriated
29 for distribution to school districts as part of the same line
30 item in which the general State financial aid of school
31 districts is appropriated under this Section. For purposes of
32 this subsection, the term "Low-Income Concentration Level"
33 shall be the low-income eligible pupil count from the most
34 recently available federal census divided by the Average
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1 Daily Attendance of the school district. If, however, the
2 percentage decrease from the 2 most recent federal censuses
3 in the low-income eligible pupil count of a high school
4 district with fewer than 400 students exceeds by 75% or more
5 the percentage change in the total low-income eligible pupil
6 count of contiguous elementary school districts, whose
7 boundaries are coterminous with the high school district, the
8 high school district's low-income eligible pupil count from
9 the earlier federal census shall be the number used as the
10 low-income eligible pupil count for the high school district,
11 for purposes of this subsection (H).
12 (2) Supplemental general State aid pursuant to this
13 subsection shall be provided as follows:
14 (a) For any school district with a Low Income
15 Concentration Level of at least 20% and less than 35%,
16 the grant for any school year shall be $800 multiplied by
17 the low income eligible pupil count.
18 (b) For any school district with a Low Income
19 Concentration Level of at least 35% and less than 50%,
20 the grant for the 1998-1999 school year shall be $1,100
21 multiplied by the low income eligible pupil count.
22 (c) For any school district with a Low Income
23 Concentration Level of at least 50% and less than 60%,
24 the grant for the 1998-99 school year shall be $1,500
25 multiplied by the low income eligible pupil count.
26 (d) For any school district with a Low Income
27 Concentration Level of 60% or more, the grant for the
28 1998-99 school year shall be $1,900 multiplied by the low
29 income eligible pupil count.
30 (e) For the 1999-2000 school year, the per pupil
31 amount specified in subparagraphs (b), (c), and (d)
32 immediately above shall be increased to $1,243, $1,600,
33 and $2,000, respectively.
34 (f) For the 2000-2001 school year, the per pupil
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1 amounts specified in subparagraphs (b), (c), and (d)
2 immediately above shall be $1,273, $1,640, and $2,050,
3 respectively.
4 (3) School districts with an Average Daily Attendance of
5 more than 1,000 and less than 50,000 that qualify for
6 supplemental general State aid pursuant to this subsection
7 shall submit a plan to the State Board of Education prior to
8 October 30 of each year for the use of the funds resulting
9 from this grant of supplemental general State aid for the
10 improvement of instruction in which priority is given to
11 meeting the education needs of disadvantaged children. Such
12 plan shall be submitted in accordance with rules and
13 regulations promulgated by the State Board of Education.
14 (4) School districts with an Average Daily Attendance of
15 50,000 or more that qualify for supplemental general State
16 aid pursuant to this subsection shall be required to
17 distribute from funds available pursuant to this Section, no
18 less than $261,000,000 in accordance with the following
19 requirements:
20 (a) The required amounts shall be distributed to
21 the attendance centers within the district in proportion
22 to the number of pupils enrolled at each attendance
23 center who are eligible to receive free or reduced-price
24 lunches or breakfasts under the federal Child Nutrition
25 Act of 1966 and under the National School Lunch Act
26 during the immediately preceding school year.
27 (b) The distribution of these portions of
28 supplemental and general State aid among attendance
29 centers according to these requirements shall not be
30 compensated for or contravened by adjustments of the
31 total of other funds appropriated to any attendance
32 centers, and the Board of Education shall utilize funding
33 from one or several sources in order to fully implement
34 this provision annually prior to the opening of school.
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1 (c) Each attendance center shall be provided by the
2 school district a distribution of noncategorical funds
3 and other categorical funds to which an attendance center
4 is entitled under law in order that the general State aid
5 and supplemental general State aid provided by
6 application of this subsection supplements rather than
7 supplants the noncategorical funds and other categorical
8 funds provided by the school district to the attendance
9 centers.
10 (d) Any funds made available under this subsection
11 that by reason of the provisions of this subsection are
12 not required to be allocated and provided to attendance
13 centers may be used and appropriated by the board of the
14 district for any lawful school purpose.
15 (e) Funds received by an attendance center pursuant
16 to this subsection shall be used by the attendance center
17 at the discretion of the principal and local school
18 council for programs to improve educational opportunities
19 at qualifying schools through the following programs and
20 services: early childhood education, reduced class size
21 or improved adult to student classroom ratio, enrichment
22 programs, remedial assistance, attendance improvement,
23 and other educationally beneficial expenditures which
24 supplement the regular and basic programs as determined
25 by the State Board of Education. Funds provided shall
26 not be expended for any political or lobbying purposes as
27 defined by board rule.
28 (f) Each district subject to the provisions of this
29 subdivision (H)(4) shall submit an acceptable plan to
30 meet the educational needs of disadvantaged children, in
31 compliance with the requirements of this paragraph, to
32 the State Board of Education prior to July 15 of each
33 year. This plan shall be consistent with the decisions of
34 local school councils concerning the school expenditure
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1 plans developed in accordance with part 4 of Section
2 34-2.3. The State Board shall approve or reject the plan
3 within 60 days after its submission. If the plan is
4 rejected, the district shall give written notice of
5 intent to modify the plan within 15 days of the
6 notification of rejection and then submit a modified plan
7 within 30 days after the date of the written notice of
8 intent to modify. Districts may amend approved plans
9 pursuant to rules promulgated by the State Board of
10 Education.
11 Upon notification by the State Board of Education
12 that the district has not submitted a plan prior to July
13 15 or a modified plan within the time period specified
14 herein, the State aid funds affected by that plan or
15 modified plan shall be withheld by the State Board of
16 Education until a plan or modified plan is submitted.
17 If the district fails to distribute State aid to
18 attendance centers in accordance with an approved plan,
19 the plan for the following year shall allocate funds, in
20 addition to the funds otherwise required by this
21 subsection, to those attendance centers which were
22 underfunded during the previous year in amounts equal to
23 such underfunding.
24 For purposes of determining compliance with this
25 subsection in relation to the requirements of attendance
26 center funding, each district subject to the provisions
27 of this subsection shall submit as a separate document by
28 December 1 of each year a report of expenditure data for
29 the prior year in addition to any modification of its
30 current plan. If it is determined that there has been a
31 failure to comply with the expenditure provisions of this
32 subsection regarding contravention or supplanting, the
33 State Superintendent of Education shall, within 60 days
34 of receipt of the report, notify the district and any
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1 affected local school council. The district shall within
2 45 days of receipt of that notification inform the State
3 Superintendent of Education of the remedial or corrective
4 action to be taken, whether by amendment of the current
5 plan, if feasible, or by adjustment in the plan for the
6 following year. Failure to provide the expenditure
7 report or the notification of remedial or corrective
8 action in a timely manner shall result in a withholding
9 of the affected funds.
10 The State Board of Education shall promulgate rules
11 and regulations to implement the provisions of this
12 subsection. No funds shall be released under this
13 subdivision (H)(4) to any district that has not submitted
14 a plan that has been approved by the State Board of
15 Education.
16 (I) General State Aid for Newly Configured School Districts.
17 (1) For a new school district formed by combining
18 property included totally within 2 or more previously
19 existing school districts, for its first year of existence
20 the general State aid and supplemental general State aid
21 calculated under this Section shall be computed for the new
22 district and for the previously existing districts for which
23 property is totally included within the new district. If the
24 computation on the basis of the previously existing districts
25 is greater, a supplementary payment equal to the difference
26 shall be made for the first 4 years of existence of the new
27 district.
28 (2) For a school district which annexes all of the
29 territory of one or more entire other school districts, for
30 the first year during which the change of boundaries
31 attributable to such annexation becomes effective for all
32 purposes as determined under Section 7-9 or 7A-8, the general
33 State aid and supplemental general State aid calculated under
34 this Section shall be computed for the annexing district as
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1 constituted after the annexation and for the annexing and
2 each annexed district as constituted prior to the annexation;
3 and if the computation on the basis of the annexing and
4 annexed districts as constituted prior to the annexation is
5 greater, a supplementary payment equal to the difference
6 shall be made for the first 4 years of existence of the
7 annexing school district as constituted upon such annexation.
8 (3) For 2 or more school districts which annex all of
9 the territory of one or more entire other school districts,
10 and for 2 or more community unit districts which result upon
11 the division (pursuant to petition under Section 11A-2) of
12 one or more other unit school districts into 2 or more parts
13 and which together include all of the parts into which such
14 other unit school district or districts are so divided, for
15 the first year during which the change of boundaries
16 attributable to such annexation or division becomes effective
17 for all purposes as determined under Section 7-9 or 11A-10,
18 as the case may be, the general State aid and supplemental
19 general State aid calculated under this Section shall be
20 computed for each annexing or resulting district as
21 constituted after the annexation or division and for each
22 annexing and annexed district, or for each resulting and
23 divided district, as constituted prior to the annexation or
24 division; and if the aggregate of the general State aid and
25 supplemental general State aid as so computed for the
26 annexing or resulting districts as constituted after the
27 annexation or division is less than the aggregate of the
28 general State aid and supplemental general State aid as so
29 computed for the annexing and annexed districts, or for the
30 resulting and divided districts, as constituted prior to the
31 annexation or division, then a supplementary payment equal to
32 the difference shall be made and allocated between or among
33 the annexing or resulting districts, as constituted upon such
34 annexation or division, for the first 4 years of their
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1 existence. The total difference payment shall be allocated
2 between or among the annexing or resulting districts in the
3 same ratio as the pupil enrollment from that portion of the
4 annexed or divided district or districts which is annexed to
5 or included in each such annexing or resulting district bears
6 to the total pupil enrollment from the entire annexed or
7 divided district or districts, as such pupil enrollment is
8 determined for the school year last ending prior to the date
9 when the change of boundaries attributable to the annexation
10 or division becomes effective for all purposes. The amount
11 of the total difference payment and the amount thereof to be
12 allocated to the annexing or resulting districts shall be
13 computed by the State Board of Education on the basis of
14 pupil enrollment and other data which shall be certified to
15 the State Board of Education, on forms which it shall provide
16 for that purpose, by the regional superintendent of schools
17 for each educational service region in which the annexing and
18 annexed districts, or resulting and divided districts are
19 located.
20 (3.5) Claims for financial assistance under this
21 subsection (I) shall not be recomputed except as expressly
22 provided under this Section.
23 (4) Any supplementary payment made under this subsection
24 (I) shall be treated as separate from all other payments made
25 pursuant to this Section.
26 (J) Supplementary Grants in Aid.
27 (1) Notwithstanding any other provisions of this
28 Section, the amount of the aggregate general State aid in
29 combination with supplemental general State aid under this
30 Section for which each school district is eligible shall be
31 no less than the amount of the aggregate general State aid
32 entitlement that was received by the district under Section
33 18-8 (exclusive of amounts received under subsections 5(p)
34 and 5(p-5) of that Section) for the 1997-98 school year,
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1 pursuant to the provisions of that Section as it was then in
2 effect. If a school district qualifies to receive a
3 supplementary payment made under this subsection (J), the
4 amount of the aggregate general State aid in combination with
5 supplemental general State aid under this Section which that
6 district is eligible to receive for each school year shall be
7 no less than the amount of the aggregate general State aid
8 entitlement that was received by the district under Section
9 18-8 (exclusive of amounts received under subsections 5(p)
10 and 5(p-5) of that Section) for the 1997-1998 school year,
11 pursuant to the provisions of that Section as it was then in
12 effect.
13 (2) If, as provided in paragraph (1) of this subsection
14 (J), a school district is to receive aggregate general State
15 aid in combination with supplemental general State aid under
16 this Section for the 1998-99 school year and any subsequent
17 school year that in any such school year is less than the
18 amount of the aggregate general State aid entitlement that
19 the district received for the 1997-98 school year, the school
20 district shall also receive, from a separate appropriation
21 made for purposes of this subsection (J), a supplementary
22 payment that is equal to the amount of the difference in the
23 aggregate State aid figures as described in paragraph (1).
24 (3) (Blank).
25 (K) Grants to Laboratory and Alternative Schools.
26 In calculating the amount to be paid to the governing
27 board of a public university that operates a laboratory
28 school under this Section or to any alternative school that
29 is operated by a regional superintendent of schools, the
30 State Board of Education shall require by rule such reporting
31 requirements as it deems necessary.
32 As used in this Section, "laboratory school" means a
33 public school which is created and operated by a public
34 university and approved by the State Board of Education. The
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1 governing board of a public university which receives funds
2 from the State Board under this subsection (K) may not
3 increase the number of students enrolled in its laboratory
4 school from a single district, if that district is already
5 sending 50 or more students, except under a mutual agreement
6 between the school board of a student's district of residence
7 and the university which operates the laboratory school. A
8 laboratory school may not have more than 1,000 students,
9 excluding students with disabilities in a special education
10 program.
11 As used in this Section, "alternative school" means a
12 public school which is created and operated by a Regional
13 Superintendent of Schools and approved by the State Board of
14 Education. Such alternative schools may offer courses of
15 instruction for which credit is given in regular school
16 programs, courses to prepare students for the high school
17 equivalency testing program or vocational and occupational
18 training. A regional superintendent of schools may contract
19 with a school district or a public community college district
20 to operate an alternative school. An alternative school
21 serving more than one educational service region may be
22 established by the regional superintendents of schools of the
23 affected educational service regions. An alternative school
24 serving more than one educational service region may be
25 operated under such terms as the regional superintendents of
26 schools of those educational service regions may agree.
27 Each laboratory and alternative school shall file, on
28 forms provided by the State Superintendent of Education, an
29 annual State aid claim which states the Average Daily
30 Attendance of the school's students by month. The best 3
31 months' Average Daily Attendance shall be computed for each
32 school. The general State aid entitlement shall be computed
33 by multiplying the applicable Average Daily Attendance by the
34 Foundation Level as determined under this Section.
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1 (L) Payments, Additional Grants in Aid and Other
2 Requirements.
3 (1) For a school district operating under the financial
4 supervision of an Authority created under Article 34A, the
5 general State aid otherwise payable to that district under
6 this Section, but not the supplemental general State aid,
7 shall be reduced by an amount equal to the budget for the
8 operations of the Authority as certified by the Authority to
9 the State Board of Education, and an amount equal to such
10 reduction shall be paid to the Authority created for such
11 district for its operating expenses in the manner provided in
12 Section 18-11. The remainder of general State school aid for
13 any such district shall be paid in accordance with Article
14 34A when that Article provides for a disposition other than
15 that provided by this Article.
16 (2) (Blank).
17 (3) Summer school. Summer school payments shall be made
18 as provided in Section 18-4.3.
19 (M) Education Funding Advisory Board.
20 The Education Funding Advisory Board, hereinafter in this
21 subsection (M) referred to as the "Board", is hereby created.
22 The Board shall consist of 5 members who are appointed by the
23 Governor, by and with the advice and consent of the Senate.
24 The members appointed shall include representatives of
25 education, business, and the general public. One of the
26 members so appointed shall be designated by the Governor at
27 the time the appointment is made as the chairperson of the
28 Board. The initial members of the Board may be appointed any
29 time after the effective date of this amendatory Act of 1997.
30 The regular term of each member of the Board shall be for 4
31 years from the third Monday of January of the year in which
32 the term of the member's appointment is to commence, except
33 that of the 5 initial members appointed to serve on the
34 Board, the member who is appointed as the chairperson shall
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1 serve for a term that commences on the date of his or her
2 appointment and expires on the third Monday of January, 2002,
3 and the remaining 4 members, by lots drawn at the first
4 meeting of the Board that is held after all 5 members are
5 appointed, shall determine 2 of their number to serve for
6 terms that commence on the date of their respective
7 appointments and expire on the third Monday of January, 2001,
8 and 2 of their number to serve for terms that commence on the
9 date of their respective appointments and expire on the third
10 Monday of January, 2000. All members appointed to serve on
11 the Board shall serve until their respective successors are
12 appointed and confirmed. Vacancies shall be filled in the
13 same manner as original appointments. If a vacancy in
14 membership occurs at a time when the Senate is not in
15 session, the Governor shall make a temporary appointment
16 until the next meeting of the Senate, when he or she shall
17 appoint, by and with the advice and consent of the Senate, a
18 person to fill that membership for the unexpired term. If
19 the Senate is not in session when the initial appointments
20 are made, those appointments shall be made as in the case of
21 vacancies.
22 The Education Funding Advisory Board shall be deemed
23 established, and the initial members appointed by the
24 Governor to serve as members of the Board shall take office,
25 on the date that the Governor makes his or her appointment of
26 the fifth initial member of the Board, whether those initial
27 members are then serving pursuant to appointment and
28 confirmation or pursuant to temporary appointments that are
29 made by the Governor as in the case of vacancies.
30 The State Board of Education shall provide such staff
31 assistance to the Education Funding Advisory Board as is
32 reasonably required for the proper performance by the Board
33 of its responsibilities.
34 For school years after the 2000-2001 school year, the
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1 Education Funding Advisory Board, in consultation with the
2 State Board of Education, shall make recommendations as
3 provided in this subsection (M) to the General Assembly for
4 the foundation level under subdivision (B)(3) of this Section
5 and for the supplemental general State aid grant level under
6 subsection (H) of this Section for districts with high
7 concentrations of children from poverty. The recommended
8 foundation level shall be determined based on a methodology
9 which incorporates the basic education expenditures of
10 low-spending schools exhibiting high academic performance.
11 The Education Funding Advisory Board shall make such
12 recommendations to the General Assembly on January 1 of odd
13 numbered years, beginning January 1, 2001.
14 (N) (Blank).
15 (O) References.
16 (1) References in other laws to the various subdivisions
17 of Section 18-8 as that Section existed before its repeal and
18 replacement by this Section 18-8.05 shall be deemed to refer
19 to the corresponding provisions of this Section 18-8.05, to
20 the extent that those references remain applicable.
21 (2) References in other laws to State Chapter 1 funds
22 shall be deemed to refer to the supplemental general State
23 aid provided under subsection (H) of this Section.
24 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
25 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
26 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
27 eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111,
28 eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99;
29 revised 8-27-99.)
30 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
31 Sec. 18-12. Dates for filing State aid claims.) The
32 school board of each school district shall require teachers,
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1 principals, or superintendents to furnish from records kept
2 by them such data as it needs in preparing and certifying
3 under oath or affirmation to the regional superintendent its
4 school district report of claims provided in Sections 18-8.05
5 18-8 through 18-10 on blanks to be provided by the State
6 Superintendent of Education. The district claim shall be
7 based on the latest available equalized assessed valuation
8 and tax rates, as provided in Section 18-8.05 18-8 and shall
9 use the average daily attendance as determined by the method
10 outlined in Section 18-8.05 18-8 and shall be certified and
11 filed with the regional superintendent by July 1. Failure to
12 so file by July 1 constitutes a forfeiture of the right to
13 receive payment by the State until such claim is filed and
14 vouchered for payment. The regional superintendent of
15 schools shall certify the county report of claims by July 15;
16 and the State Superintendent of Education shall voucher for
17 payment those claims to the State Comptroller as provided in
18 Section 18-11.
19 If any school district fails to provide the minimum
20 school term specified in Section 10-19, the State aid claim
21 for that year shall be reduced by the State Superintendent of
22 Education in an amount equivalent to 0.55555% .56818% for
23 each day less than the number of days required by this Act.
24 However, if the State Superintendent of Education determines
25 that such failure to provide the minimum school term was
26 occasioned by an act or acts of God, or was occasioned by
27 conditions beyond the control of the school district which
28 posed a hazardous threat to the health and safety of pupils,
29 the State aid claim need not be reduced.
30 If, during any school day, (i) a school district has
31 provided at least one clock hour of instruction but must
32 close the schools due to adverse weather conditions prior to
33 providing the minimum hours of instruction required for a
34 full day of attendance, or (ii) the school district must
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1 delay the start of the school day due to adverse weather
2 conditions and this delay prevents the district from
3 providing the minimum hours of instruction required for a
4 full day of attendance, the partial day of attendance may be
5 counted as a full day of attendance. The partial day of
6 attendance and the reasons therefor shall be certified in
7 writing within a month of the closing or delayed start by the
8 local school district superintendent to the Regional
9 Superintendent of Schools for forwarding to the State
10 Superintendent of Education for approval.
11 No exception to the requirement of providing a minimum
12 school term may be approved by the State Superintendent of
13 Education pursuant to this Section unless a school district
14 has first used all emergency days provided for in its regular
15 calendar.
16 If the State Superintendent of Education declares that an
17 energy shortage exists during any part of the school year for
18 the State or a designated portion of the State, a district
19 may operate the school attendance centers within the district
20 4 days of the week during the time of the shortage by
21 extending each existing school day by one clock hour of
22 school work, and the State aid claim shall not be reduced,
23 nor shall the employees of that district suffer any reduction
24 in salary or benefits as a result thereof. A district may
25 operate all attendance centers on this revised schedule, or
26 may apply the schedule to selected attendance centers, taking
27 into consideration such factors as pupil transportation
28 schedules and patterns and sources of energy for individual
29 attendance centers.
30 No State aid claim may be filed for any district unless
31 the clerk or secretary of the school board executes and files
32 with the State Superintendent of Education, on forms
33 prescribed by the Superintendent, a sworn statement that the
34 district has complied with the requirements of Section
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1 10-22.5 in regard to the nonsegregation of pupils on account
2 of color, creed, race, sex or nationality.
3 No State aid claim may be filed for any district unless
4 the clerk or secretary of the school board executes and files
5 with the State Superintendent of Education, on forms
6 prescribed by the Superintendent, a sworn statement that to
7 the best of his or her knowledge or belief the employing or
8 assigning personnel have complied with Section 24-4 in all
9 respects.
10 (Source: P.A. 90-98, eff. 7-11-97.)
11 (105 ILCS 5/2-3.16 rep.)
12 Section 10. The School Code is amended by repealing
13 Section 2-3.16.
14 Section 99. Effective date. This Act takes effect on
15 July 1, 2001.