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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, the10 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. Of13 those 4 days, 2 days may be used as a teacher's workshop,14 when approved by the regional superintendent, up to 2 days15 may be used for conducting parent-teacher conferences or up16 to 2 days may be utilized as parental institute days as17 provided in Section 10-22.18d. A school district may use an 18 one of its 4institute day dayson 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 an25 institute day, or parent-teacher conferences. With the26 concurrence of the State Superintendent of Education, he or27 she may employ such assistance as is necessary to conduct the28 institute. Two or more adjoining regions countiesmay 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 -2- LRB9208007NTpkA 1 examination fee and failed to receive a certificate. 2 In counties of 2,000,000 or more inhabitants, the3 regional superintendent may arrange for or conduct district,4 regional, or county inservice training workshops, or5 equivalent professional educational experiences, not more6 than 4 days annually. Of those 4 days, 2 days may be used for7 conducting parent-teacher conferences and up to 2 days may be8 utilized as parental institute days as provided in Section9 10-22.18d. A school district may use one of those 4 days on10 the last day of the school term. "Inservice Training11 Workshops" or "Professional educational experiences" means12 any educational gathering, demonstration of methods of13 instruction, visitation of schools or other institutions or14 facilities, or sexual abuse and sexual assault awareness15 seminar held or approved by the regional superintendent and16 declared by him to be an inservice training workshop, or17 parent-teacher conferences. With the concurrence of the18 State Superintendent of Education, he may employ such19 assistance as is necessary to conduct the inservice training20 workshop. With the approval of the regional superintendent,21 2 or more adjoining districts may jointly hold an inservice22 training workshop. In addition, with the approval of the23 regional superintendent, one district may conduct its own24 inservice training workshop with subject matter consultants25 requested from the county, State or any State institution of26 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, -3- LRB9208007NTpkA 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 acalendar for the school term, specifying the opening 19 and closing dates and providing a minimum term of at least 20 190 185days, 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 insure176 days of actual pupil 26 attendance, computable under Section 18-8.05 , except that for27 the 1980-1981 school year only 175 days of actual pupil28 attendance shall be required because of the closing of29 schools pursuant to Section 24-2 on January 29, 1981 upon the30 appointment by the President of that day as a day of31 thanksgiving for the freedom of the Americans who had been32 held hostage in Iran. These teachers institutes, 33 parent-teacher conferences, parental institutes, in-service -4- LRB9208007NTpkA 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 institutebut not used as such or used as parental institutes10 as provided in Section 10-22.18dshall increase the minimum 11 number of days of actual pupil attendance termby 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 school33 board may make changes in its calendar for the school term as34 may be necessary to reflect the utilization of teachers'-5- LRB9208007NTpkA 1 institute days as parental institute days as provided in2 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 toconduct 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 as27 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 -6- LRB9208007NTpkA 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 -7- LRB9208007NTpkA 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 -8- LRB9208007NTpkA 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 -9- LRB9208007NTpkA 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 -10- LRB9208007NTpkA 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 -11- LRB9208007NTpkA 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. -12- LRB9208007NTpkA 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 -13- LRB9208007NTpkA 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 -14- LRB9208007NTpkA 1 40 minutes or more attended pursuant to such enrollment. 2 (b) (Blank). Days of attendance may be less than 53 clock hours on the opening and closing of the school4 term, and upon the first day of pupil attendance, if5 preceded by a day or days utilized as an institute or6 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 may13 be counted as a day of attendance (1) when the remainder14 of the school day or at least 2 hours in the evening of15 that day is utilized for an in-service training program16 for teachers, up to a maximum of 5 days per school year17 of which a maximum of 4 days of such 5 days may be used18 for parent-teacher conferences, provided a district19 conducts an in-service training program for teachers20 which has been approved by the State Superintendent of21 Education; or, in lieu of 4 such days, 2 full days may be22 used, in which event each such day may be counted as a23 day of attendance; and (2) when days in addition to those24 provided in item (1) are scheduled by a school pursuant25 to its school improvement plan adopted under Article 3426 or its revised or amended school improvement plan adopted27 under Article 2, provided that (i) such sessions of 3 or28 more clock hours are scheduled to occur at regular29 intervals, (ii) the remainder of the school days in which30 such sessions occur are utilized for in-service training31 programs or other staff development activities for32 teachers, and (iii) a sufficient number of minutes of33 school work under the direct supervision of teachers are34 added to the school days between such regularly scheduled-15- LRB9208007NTpkA 1 sessions to accumulate not less than the number of2 minutes by which such sessions of 3 or more clock hours3 fall short of 5 clock hours. Any full days used for the4 purposes of this paragraph shall not be considered for5 computing average daily attendance. Days scheduled for6 in-service training programs, staff development7 activities, or parent-teacher conferences may be8 scheduled separately for different grade levels and9 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 -16- LRB9208007NTpkA 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 -17- LRB9208007NTpkA 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 -18- LRB9208007NTpkA 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 -19- LRB9208007NTpkA 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 -20- LRB9208007NTpkA 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 -21- LRB9208007NTpkA 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 -22- LRB9208007NTpkA 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. -23- LRB9208007NTpkA 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 -24- LRB9208007NTpkA 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 -25- LRB9208007NTpkA 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 -26- LRB9208007NTpkA 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 -27- LRB9208007NTpkA 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, -28- LRB9208007NTpkA 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 -29- LRB9208007NTpkA 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. -30- LRB9208007NTpkA 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 -31- LRB9208007NTpkA 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 -32- LRB9208007NTpkA 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, -33- LRB9208007NTpkA 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 18-8through 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 18-8and shall 9 use the average daily attendance as determined by the method 10 outlined in Section 18-8.05 18-8and 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 determines25 that such failure to provide the minimum school term was26 occasioned by an act or acts of God, or was occasioned by27 conditions beyond the control of the school district which28 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 -34- LRB9208007NTpkA 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 State10 Superintendent of Education forapproval. 11 No exception to the requirement of providing a minimum12 school term may be approved by the State Superintendent of13 Education pursuant to this Section unless a school district14 has first used all emergency days provided for in its regular15 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 -35- LRB9208007NTpkA 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.
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