HB3539 EnrolledLRB097 07763 NHT 47875 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
518-8.05 as follows:
 
6    (105 ILCS 5/18-8.05)
7    Sec. 18-8.05. Basis for apportionment of general State
8financial aid and supplemental general State aid to the common
9schools for the 1998-1999 and subsequent school years.
 
10(A) General Provisions.
11    (1) The provisions of this Section apply to the 1998-1999
12and subsequent school years. The system of general State
13financial aid provided for in this Section is designed to
14assure that, through a combination of State financial aid and
15required local resources, the financial support provided each
16pupil in Average Daily Attendance equals or exceeds a
17prescribed per pupil Foundation Level. This formula approach
18imputes a level of per pupil Available Local Resources and
19provides for the basis to calculate a per pupil level of
20general State financial aid that, when added to Available Local
21Resources, equals or exceeds the Foundation Level. The amount
22of per pupil general State financial aid for school districts,

 

 

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

 

 

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

 

 

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

 

 

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1a sufficient local taxing effort such that, in combination with
2the aggregate of general State financial aid provided the
3district, an aggregate of State and local resources are
4available to meet the basic education needs of pupils in the
5district.
6    (2) For the 1998-1999 school year, the Foundation Level of
7support is $4,225. For the 1999-2000 school year, the
8Foundation Level of support is $4,325. For the 2000-2001 school
9year, the Foundation Level of support is $4,425. For the
102001-2002 school year and 2002-2003 school year, the Foundation
11Level of support is $4,560. For the 2003-2004 school year, the
12Foundation Level of support is $4,810. For the 2004-2005 school
13year, the Foundation Level of support is $4,964. For the
142005-2006 school year, the Foundation Level of support is
15$5,164. For the 2006-2007 school year, the Foundation Level of
16support is $5,334. For the 2007-2008 school year, the
17Foundation Level of support is $5,734. For the 2008-2009 school
18year, the Foundation Level of support is $5,959.
19    (3) For the 2009-2010 school year and each school year
20thereafter, the Foundation Level of support is $6,119 or such
21greater amount as may be established by law by the General
22Assembly.
 
23(C) Average Daily Attendance.
24    (1) For purposes of calculating general State aid pursuant
25to subsection (E), an Average Daily Attendance figure shall be

 

 

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1utilized. The Average Daily Attendance figure for formula
2calculation purposes shall be the monthly average of the actual
3number of pupils in attendance of each school district, as
4further averaged for the best 3 months of pupil attendance for
5each school district. In compiling the figures for the number
6of pupils in attendance, school districts and the State Board
7of Education shall, for purposes of general State aid funding,
8conform attendance figures to the requirements of subsection
9(F).
10    (2) The Average Daily Attendance figures utilized in
11subsection (E) shall be the requisite attendance data for the
12school year immediately preceding the school year for which
13general State aid is being calculated or the average of the
14attendance data for the 3 preceding school years, whichever is
15greater. The Average Daily Attendance figures utilized in
16subsection (H) shall be the requisite attendance data for the
17school year immediately preceding the school year for which
18general State aid is being calculated.
 
19(D) Available Local Resources.
20    (1) For purposes of calculating general State aid pursuant
21to subsection (E), a representation of Available Local
22Resources per pupil, as that term is defined and determined in
23this subsection, shall be utilized. Available Local Resources
24per pupil shall include a calculated dollar amount representing
25local school district revenues from local property taxes and

 

 

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

 

 

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1shall be calculated as the product of the equalized assessed
2valuation for property within the partial elementary unit
3district for elementary purposes, as defined in Article 11E of
4this Code, multiplied by 2.06% and divided by the district's
5Average Daily Attendance figure, plus the product of the
6equalized assessed valuation for property within the partial
7elementary unit district for high school purposes, as defined
8in Article 11E of this Code, multiplied by 0.94% and divided by
9the district's Average Daily Attendance figure.
10    (4) The Corporate Personal Property Replacement Taxes paid
11to each school district during the calendar year one year
12before the calendar year in which a school year begins, divided
13by the Average Daily Attendance figure for that district, shall
14be added to the local property tax revenues per pupil as
15derived by the application of the immediately preceding
16paragraph (3). The sum of these per pupil figures for each
17school district shall constitute Available Local Resources as
18that term is utilized in subsection (E) in the calculation of
19general State aid.
 
20(E) Computation of General State Aid.
21    (1) For each school year, the amount of general State aid
22allotted to a school district shall be computed by the State
23Board of Education as provided in this subsection.
24    (2) For any school district for which Available Local
25Resources per pupil is less than the product of 0.93 times the

 

 

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

 

 

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

 

 

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1    classes, days of attendance in July and August shall be
2    added to the month of September and any days of attendance
3    in June shall be added to the month of May.
4        (c) In districts in which some buildings, but not all,
5    hold year-round classes, for the non-year-round buildings,
6    days of attendance in August shall be added to the month of
7    September and any days of attendance in June shall be added
8    to the month of May. The average daily attendance for the
9    year-round buildings shall be computed as provided in
10    subdivision (b) of this paragraph (1). To calculate the
11    Average Daily Attendance for the district, the average
12    daily attendance for the year-round buildings shall be
13    multiplied by the days in session for the non-year-round
14    buildings for each month and added to the monthly
15    attendance of the non-year-round buildings.
16    Except as otherwise provided in this Section, days of
17attendance by pupils shall be counted only for sessions of not
18less than 5 clock hours of school work per day under direct
19supervision of: (i) teachers, or (ii) non-teaching personnel or
20volunteer personnel when engaging in non-teaching duties and
21supervising in those instances specified in subsection (a) of
22Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
23of legal school age and in kindergarten and grades 1 through
2412.
25    Days of attendance by tuition pupils shall be accredited
26only to the districts that pay the tuition to a recognized

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    regulations of the State Board of Education.
2        (i) On the days when the Prairie State Achievement
3    Examination is administered under subsection (c) of
4    Section 2-3.64 of this Code, the day of attendance for a
5    pupil whose school day must be shortened to accommodate
6    required testing procedures may be less than 5 clock hours
7    and shall be counted towards the 176 days of actual pupil
8    attendance required under Section 10-19 of this Code,
9    provided that a sufficient number of minutes of school work
10    in excess of 5 clock hours are first completed on other
11    school days to compensate for the loss of school work on
12    the examination days.
 
13(G) Equalized Assessed Valuation Data.
14    (1) For purposes of the calculation of Available Local
15Resources required pursuant to subsection (D), the State Board
16of Education shall secure from the Department of Revenue the
17value as equalized or assessed by the Department of Revenue of
18all taxable property of every school district, together with
19(i) the applicable tax rate used in extending taxes for the
20funds of the district as of September 30 of the previous year
21and (ii) the limiting rate for all school districts subject to
22property tax extension limitations as imposed under the
23Property Tax Extension Limitation Law.
24    The Department of Revenue shall add to the equalized
25assessed value of all taxable property of each school district

 

 

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1situated entirely or partially within a county that is or was
2subject to the provisions of Section 15-176 or 15-177 of the
3Property Tax Code (a) an amount equal to the total amount by
4which the homestead exemption allowed under Section 15-176 or
515-177 of the Property Tax Code for real property situated in
6that school district exceeds the total amount that would have
7been allowed in that school district if the maximum reduction
8under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
9all other counties in tax year 2003 or (ii) $5,000 in all
10counties in tax year 2004 and thereafter and (b) an amount
11equal to the aggregate amount for the taxable year of all
12additional exemptions under Section 15-175 of the Property Tax
13Code for owners with a household income of $30,000 or less. The
14county clerk of any county that is or was subject to the
15provisions of Section 15-176 or 15-177 of the Property Tax Code
16shall annually calculate and certify to the Department of
17Revenue for each school district all homestead exemption
18amounts under Section 15-176 or 15-177 of the Property Tax Code
19and all amounts of additional exemptions under Section 15-175
20of the Property Tax Code for owners with a household income of
21$30,000 or less. It is the intent of this paragraph that if the
22general homestead exemption for a parcel of property is
23determined under Section 15-176 or 15-177 of the Property Tax
24Code rather than Section 15-175, then the calculation of
25Available Local Resources shall not be affected by the
26difference, if any, between the amount of the general homestead

 

 

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1exemption allowed for that parcel of property under Section
215-176 or 15-177 of the Property Tax Code and the amount that
3would have been allowed had the general homestead exemption for
4that parcel of property been determined under Section 15-175 of
5the Property Tax Code. It is further the intent of this
6paragraph that if additional exemptions are allowed under
7Section 15-175 of the Property Tax Code for owners with a
8household income of less than $30,000, then the calculation of
9Available Local Resources shall not be affected by the
10difference, if any, because of those additional exemptions.
11    This equalized assessed valuation, as adjusted further by
12the requirements of this subsection, shall be utilized in the
13calculation of Available Local Resources.
14    (2) The equalized assessed valuation in paragraph (1) shall
15be adjusted, as applicable, in the following manner:
16        (a) For the purposes of calculating State aid under
17    this Section, with respect to any part of a school district
18    within a redevelopment project area in respect to which a
19    municipality has adopted tax increment allocation
20    financing pursuant to the Tax Increment Allocation
21    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
22    of the Illinois Municipal Code or the Industrial Jobs
23    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
24    Illinois Municipal Code, no part of the current equalized
25    assessed valuation of real property located in any such
26    project area which is attributable to an increase above the

 

 

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1    total initial equalized assessed valuation of such
2    property shall be used as part of the equalized assessed
3    valuation of the district, until such time as all
4    redevelopment project costs have been paid, as provided in
5    Section 11-74.4-8 of the Tax Increment Allocation
6    Redevelopment Act or in Section 11-74.6-35 of the
7    Industrial Jobs Recovery Law. For the purpose of the
8    equalized assessed valuation of the district, the total
9    initial equalized assessed valuation or the current
10    equalized assessed valuation, whichever is lower, shall be
11    used until such time as all redevelopment project costs
12    have been paid.
13        (b) The real property equalized assessed valuation for
14    a school district shall be adjusted by subtracting from the
15    real property value as equalized or assessed by the
16    Department of Revenue for the district an amount computed
17    by dividing the amount of any abatement of taxes under
18    Section 18-170 of the Property Tax Code by 3.00% for a
19    district maintaining grades kindergarten through 12, by
20    2.30% for a district maintaining grades kindergarten
21    through 8, or by 1.05% for a district maintaining grades 9
22    through 12 and adjusted by an amount computed by dividing
23    the amount of any abatement of taxes under subsection (a)
24    of Section 18-165 of the Property Tax Code by the same
25    percentage rates for district type as specified in this
26    subparagraph (b).

 

 

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1    (3) For the 1999-2000 school year and each school year
2thereafter, if a school district meets all of the criteria of
3this subsection (G)(3), the school district's Available Local
4Resources shall be calculated under subsection (D) using the
5district's Extension Limitation Equalized Assessed Valuation
6as calculated under this subsection (G)(3).
7    For purposes of this subsection (G)(3) the following terms
8shall have the following meanings:
9        "Budget Year": The school year for which general State
10    aid is calculated and awarded under subsection (E).
11        "Base Tax Year": The property tax levy year used to
12    calculate the Budget Year allocation of general State aid.
13        "Preceding Tax Year": The property tax levy year
14    immediately preceding the Base Tax Year.
15        "Base Tax Year's Tax Extension": The product of the
16    equalized assessed valuation utilized by the County Clerk
17    in the Base Tax Year multiplied by the limiting rate as
18    calculated by the County Clerk and defined in the Property
19    Tax Extension Limitation Law.
20        "Preceding Tax Year's Tax Extension": The product of
21    the equalized assessed valuation utilized by the County
22    Clerk in the Preceding Tax Year multiplied by the Operating
23    Tax Rate as defined in subsection (A).
24        "Extension Limitation Ratio": A numerical ratio,
25    certified by the County Clerk, in which the numerator is
26    the Base Tax Year's Tax Extension and the denominator is

 

 

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

 

 

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1Equalized Assessed Valuation shall be utilized to calculate the
2district's Available Local Resources under subsection (D). For
3the 2009-2010 school year and each school year thereafter, if a
4school district has approved or does approve an increase in its
5limiting rate, pursuant to Section 18-190 of the Property Tax
6Code, affecting the Base Tax Year, the Extension Limitation
7Equalized Assessed Valuation of the school district, as
8calculated by the State Board of Education, shall be equal to
9the product of the Equalized Assessed Valuation last used in
10the calculation of general State aid times an amount equal to
11one plus the percentage increase, if any, in the Consumer Price
12Index for all Urban Consumers for all items published by the
13United States Department of Labor for the 12-month calendar
14year preceding the Base Tax Year, plus the Equalized Assessed
15Valuation of new property, annexed property, and recovered tax
16increment value and minus the Equalized Assessed Valuation of
17disconnected property. New property and recovered tax
18increment value shall have the meanings set forth in the
19Property Tax Extension Limitation Law.
20    Partial elementary unit districts created in accordance
21with Article 11E of this Code shall not be eligible for the
22adjustment in this subsection (G)(3) until the fifth year
23following the effective date of the reorganization.
24    (3.5) For the 2010-2011 school year and each school year
25thereafter, if a school district's boundaries span multiple
26counties, then the Department of Revenue shall send to the

 

 

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1State Board of Education, for the purpose of calculating
2general State aid, the limiting rate and individual rates by
3purpose for the county that contains the majority of the school
4district's Equalized Assessed Valuation.
5    (4) For the purposes of calculating general State aid for
6the 1999-2000 school year only, if a school district
7experienced a triennial reassessment on the equalized assessed
8valuation used in calculating its general State financial aid
9apportionment for the 1998-1999 school year, the State Board of
10Education shall calculate the Extension Limitation Equalized
11Assessed Valuation that would have been used to calculate the
12district's 1998-1999 general State aid. This amount shall equal
13the product of the equalized assessed valuation used to
14calculate general State aid for the 1997-1998 school year and
15the district's Extension Limitation Ratio. If the Extension
16Limitation Equalized Assessed Valuation of the school district
17as calculated under this paragraph (4) is less than the
18district's equalized assessed valuation utilized in
19calculating the district's 1998-1999 general State aid
20allocation, then for purposes of calculating the district's
21general State aid pursuant to paragraph (5) of subsection (E),
22that Extension Limitation Equalized Assessed Valuation shall
23be utilized to calculate the district's Available Local
24Resources.
25    (5) For school districts having a majority of their
26equalized assessed valuation in any county except Cook, DuPage,

 

 

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1Kane, Lake, McHenry, or Will, if the amount of general State
2aid allocated to the school district for the 1999-2000 school
3year under the provisions of subsection (E), (H), and (J) of
4this Section is less than the amount of general State aid
5allocated to the district for the 1998-1999 school year under
6these subsections, then the general State aid of the district
7for the 1999-2000 school year only shall be increased by the
8difference between these amounts. The total payments made under
9this paragraph (5) shall not exceed $14,000,000. Claims shall
10be prorated if they exceed $14,000,000.
 
11(H) Supplemental General State Aid.
12    (1) In addition to the general State aid a school district
13is allotted pursuant to subsection (E), qualifying school
14districts shall receive a grant, paid in conjunction with a
15district's payments of general State aid, for supplemental
16general State aid based upon the concentration level of
17children from low-income households within the school
18district. Supplemental State aid grants provided for school
19districts under this subsection shall be appropriated for
20distribution to school districts as part of the same line item
21in which the general State financial aid of school districts is
22appropriated under this Section.
23    (1.5) This paragraph (1.5) applies only to those school
24years preceding the 2003-2004 school year. For purposes of this
25subsection (H), the term "Low-Income Concentration Level"

 

 

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1shall be the low-income eligible pupil count from the most
2recently available federal census divided by the Average Daily
3Attendance of the school district. If, however, (i) the
4percentage decrease from the 2 most recent federal censuses in
5the low-income eligible pupil count of a high school district
6with fewer than 400 students exceeds by 75% or more the
7percentage change in the total low-income eligible pupil count
8of contiguous elementary school districts, whose boundaries
9are coterminous with the high school district, or (ii) a high
10school district within 2 counties and serving 5 elementary
11school districts, whose boundaries are coterminous with the
12high school district, has a percentage decrease from the 2 most
13recent federal censuses in the low-income eligible pupil count
14and there is a percentage increase in the total low-income
15eligible pupil count of a majority of the elementary school
16districts in excess of 50% from the 2 most recent federal
17censuses, then the high school district's low-income eligible
18pupil count from the earlier federal census shall be the number
19used as the low-income eligible pupil count for the high school
20district, for purposes of this subsection (H). The changes made
21to this paragraph (1) by Public Act 92-28 shall apply to
22supplemental general State aid grants for school years
23preceding the 2003-2004 school year that are paid in fiscal
24year 1999 or thereafter and to any State aid payments made in
25fiscal year 1994 through fiscal year 1998 pursuant to
26subsection 1(n) of Section 18-8 of this Code (which was

 

 

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1repealed on July 1, 1998), and any high school district that is
2affected by Public Act 92-28 is entitled to a recomputation of
3its supplemental general State aid grant or State aid paid in
4any of those fiscal years. This recomputation shall not be
5affected by any other funding.
6    (1.10) This paragraph (1.10) applies to the 2003-2004
7school year and each school year thereafter. For purposes of
8this subsection (H), the term "Low-Income Concentration Level"
9shall, for each fiscal year, be the low-income eligible pupil
10count as of July 1 of the immediately preceding fiscal year (as
11determined by the Department of Human Services based on the
12number of pupils who are eligible for at least one of the
13following low income programs: Medicaid, the Children's Health
14Insurance Program, TANF, or Food Stamps, excluding pupils who
15are eligible for services provided by the Department of
16Children and Family Services, averaged over the 2 immediately
17preceding fiscal years for fiscal year 2004 and over the 3
18immediately preceding fiscal years for each fiscal year
19thereafter) divided by the Average Daily Attendance of the
20school district.
21    (2) Supplemental general State aid pursuant to this
22subsection (H) shall be provided as follows for the 1998-1999,
231999-2000, and 2000-2001 school years only:
24        (a) For any school district with a Low Income
25    Concentration Level of at least 20% and less than 35%, the
26    grant for any school year shall be $800 multiplied by the

 

 

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

 

 

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

 

 

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1        (a) For any school district with a Low Income
2    Concentration Level of 15% or less, the grant for each
3    school year shall be $355 multiplied by the low income
4    eligible pupil count.
5        (b) For any school district with a Low Income
6    Concentration Level greater than 15%, the grant for each
7    school year shall be $294.25 added to the product of $2,700
8    and the square of the Low Income Concentration Level, all
9    multiplied by the low income eligible pupil count.
10    For the 2003-2004 school year and each school year
11thereafter through the 2008-2009 school year only, the grant
12shall be no less than the grant for the 2002-2003 school year.
13For the 2009-2010 school year only, the grant shall be no less
14than the grant for the 2002-2003 school year multiplied by
150.66. For the 2010-2011 school year only, the grant shall be no
16less than the grant for the 2002-2003 school year multiplied by
170.33. Notwithstanding the provisions of this paragraph to the
18contrary, if for any school year supplemental general State aid
19grants are prorated as provided in paragraph (1) of this
20subsection (H), then the grants under this paragraph shall be
21prorated.
22    For the 2003-2004 school year only, the grant shall be no
23greater than the grant received during the 2002-2003 school
24year added to the product of 0.25 multiplied by the difference
25between the grant amount calculated under subsection (a) or (b)
26of this paragraph (2.10), whichever is applicable, and the

 

 

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1grant received during the 2002-2003 school year. For the
22004-2005 school year only, the grant shall be no greater than
3the grant received during the 2002-2003 school year added to
4the product of 0.50 multiplied by the difference between the
5grant amount calculated under subsection (a) or (b) of this
6paragraph (2.10), whichever is applicable, and the grant
7received during the 2002-2003 school year. For the 2005-2006
8school year only, the grant shall be no greater than the grant
9received during the 2002-2003 school year added to the product
10of 0.75 multiplied by the difference between the grant amount
11calculated under subsection (a) or (b) of this paragraph
12(2.10), whichever is applicable, and the grant received during
13the 2002-2003 school year.
14    (3) School districts with an Average Daily Attendance of
15more than 1,000 and less than 50,000 that qualify for
16supplemental general State aid pursuant to this subsection
17shall submit a plan to the State Board of Education prior to
18October 30 of each year for the use of the funds resulting from
19this grant of supplemental general State aid for the
20improvement of instruction in which priority is given to
21meeting the education needs of disadvantaged children. Such
22plan shall be submitted in accordance with rules and
23regulations promulgated by the State Board of Education.
24    (4) School districts with an Average Daily Attendance of
2550,000 or more that qualify for supplemental general State aid
26pursuant to this subsection shall be required to distribute

 

 

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

 

 

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1    by reason of the provisions of this subsection are not
2    required to be allocated and provided to attendance centers
3    may be used and appropriated by the board of the district
4    for any lawful school purpose.
5        (e) Funds received by an attendance center pursuant to
6    this subsection shall be used by the attendance center at
7    the discretion of the principal and local school council
8    for programs to improve educational opportunities at
9    qualifying schools through the following programs and
10    services: early childhood education, reduced class size or
11    improved adult to student classroom ratio, enrichment
12    programs, remedial assistance, attendance improvement, and
13    other educationally beneficial expenditures which
14    supplement the regular and basic programs as determined by
15    the State Board of Education. Funds provided shall not be
16    expended for any political or lobbying purposes as defined
17    by board rule.
18        (f) Each district subject to the provisions of this
19    subdivision (H)(4) shall submit an acceptable plan to meet
20    the educational needs of disadvantaged children, in
21    compliance with the requirements of this paragraph, to the
22    State Board of Education prior to July 15 of each year.
23    This plan shall be consistent with the decisions of local
24    school councils concerning the school expenditure plans
25    developed in accordance with part 4 of Section 34-2.3. The
26    State Board shall approve or reject the plan within 60 days

 

 

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1    after its submission. If the plan is rejected, the district
2    shall give written notice of intent to modify the plan
3    within 15 days of the notification of rejection and then
4    submit a modified plan within 30 days after the date of the
5    written notice of intent to modify. Districts may amend
6    approved plans pursuant to rules promulgated by the State
7    Board of Education.
8        Upon notification by the State Board of Education that
9    the district has not submitted a plan prior to July 15 or a
10    modified plan within the time period specified herein, the
11    State aid funds affected by that plan or modified plan
12    shall be withheld by the State Board of Education until a
13    plan or modified plan is submitted.
14        If the district fails to distribute State aid to
15    attendance centers in accordance with an approved plan, the
16    plan for the following year shall allocate funds, in
17    addition to the funds otherwise required by this
18    subsection, to those attendance centers which were
19    underfunded during the previous year in amounts equal to
20    such underfunding.
21        For purposes of determining compliance with this
22    subsection in relation to the requirements of attendance
23    center funding, each district subject to the provisions of
24    this subsection shall submit as a separate document by
25    December 1 of each year a report of expenditure data for
26    the prior year in addition to any modification of its

 

 

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1    current plan. If it is determined that there has been a
2    failure to comply with the expenditure provisions of this
3    subsection regarding contravention or supplanting, the
4    State Superintendent of Education shall, within 60 days of
5    receipt of the report, notify the district and any affected
6    local school council. The district shall within 45 days of
7    receipt of that notification inform the State
8    Superintendent of Education of the remedial or corrective
9    action to be taken, whether by amendment of the current
10    plan, if feasible, or by adjustment in the plan for the
11    following year. Failure to provide the expenditure report
12    or the notification of remedial or corrective action in a
13    timely manner shall result in a withholding of the affected
14    funds.
15        The State Board of Education shall promulgate rules and
16    regulations to implement the provisions of this
17    subsection. No funds shall be released under this
18    subdivision (H)(4) to any district that has not submitted a
19    plan that has been approved by the State Board of
20    Education.
 
21(I) (Blank).
 
22(J) (Blank). Supplementary Grants in Aid.
23    (1) Notwithstanding any other provisions of this Section,
24the amount of the aggregate general State aid in combination

 

 

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1with supplemental general State aid under this Section for
2which each school district is eligible shall be no less than
3the amount of the aggregate general State aid entitlement that
4was received by the district under Section 18-8 (exclusive of
5amounts received under subsections 5(p) and 5(p-5) of that
6Section) for the 1997-98 school year, pursuant to the
7provisions of that Section as it was then in effect. If a
8school district qualifies to receive a supplementary payment
9made under this subsection (J), the amount of the aggregate
10general State aid in combination with supplemental general
11State aid under this Section which that district is eligible to
12receive for each school year shall be no less than the amount
13of the aggregate general State aid entitlement that was
14received by the district under Section 18-8 (exclusive of
15amounts received under subsections 5(p) and 5(p-5) of that
16Section) for the 1997-1998 school year, pursuant to the
17provisions of that Section as it was then in effect.
18    (2) If, as provided in paragraph (1) of this subsection
19(J), a school district is to receive aggregate general State
20aid in combination with supplemental general State aid under
21this Section for the 1998-99 school year and any subsequent
22school year that in any such school year is less than the
23amount of the aggregate general State aid entitlement that the
24district received for the 1997-98 school year, the school
25district shall also receive, from a separate appropriation made
26for purposes of this subsection (J), a supplementary payment

 

 

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1that is equal to the amount of the difference in the aggregate
2State aid figures as described in paragraph (1).
3    (3) (Blank).
 
4(K) Grants to Laboratory and Alternative Schools.
5    In calculating the amount to be paid to the governing board
6of a public university that operates a laboratory school under
7this Section or to any alternative school that is operated by a
8regional superintendent of schools, the State Board of
9Education shall require by rule such reporting requirements as
10it deems necessary.
11    As used in this Section, "laboratory school" means a public
12school which is created and operated by a public university and
13approved by the State Board of Education. The governing board
14of a public university which receives funds from the State
15Board under this subsection (K) may not increase the number of
16students enrolled in its laboratory school from a single
17district, if that district is already sending 50 or more
18students, except under a mutual agreement between the school
19board of a student's district of residence and the university
20which operates the laboratory school. A laboratory school may
21not have more than 1,000 students, excluding students with
22disabilities in a special education program.
23    As used in this Section, "alternative school" means a
24public school which is created and operated by a Regional
25Superintendent of Schools and approved by the State Board of

 

 

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1Education. Such alternative schools may offer courses of
2instruction for which credit is given in regular school
3programs, courses to prepare students for the high school
4equivalency testing program or vocational and occupational
5training. A regional superintendent of schools may contract
6with a school district or a public community college district
7to operate an alternative school. An alternative school serving
8more than one educational service region may be established by
9the regional superintendents of schools of the affected
10educational service regions. An alternative school serving
11more than one educational service region may be operated under
12such terms as the regional superintendents of schools of those
13educational service regions may agree.
14    Each laboratory and alternative school shall file, on forms
15provided by the State Superintendent of Education, an annual
16State aid claim which states the Average Daily Attendance of
17the school's students by month. The best 3 months' Average
18Daily Attendance shall be computed for each school. The general
19State aid entitlement shall be computed by multiplying the
20applicable Average Daily Attendance by the Foundation Level as
21determined under this Section.
 
22(L) Payments, Additional Grants in Aid and Other Requirements.
23    (1) For a school district operating under the financial
24supervision of an Authority created under Article 34A, the
25general State aid otherwise payable to that district under this

 

 

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1Section, but not the supplemental general State aid, shall be
2reduced by an amount equal to the budget for the operations of
3the Authority as certified by the Authority to the State Board
4of Education, and an amount equal to such reduction shall be
5paid to the Authority created for such district for its
6operating expenses in the manner provided in Section 18-11. The
7remainder of general State school aid for any such district
8shall be paid in accordance with Article 34A when that Article
9provides for a disposition other than that provided by this
10Article.
11    (2) (Blank).
12    (3) Summer school. Summer school payments shall be made as
13provided in Section 18-4.3.
 
14(M) Education Funding Advisory Board.
15    The Education Funding Advisory Board, hereinafter in this
16subsection (M) referred to as the "Board", is hereby created.
17The Board shall consist of 5 members who are appointed by the
18Governor, by and with the advice and consent of the Senate. The
19members appointed shall include representatives of education,
20business, and the general public. One of the members so
21appointed shall be designated by the Governor at the time the
22appointment is made as the chairperson of the Board. The
23initial members of the Board may be appointed any time after
24the effective date of this amendatory Act of 1997. The regular
25term of each member of the Board shall be for 4 years from the

 

 

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

 

 

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1to serve as members of the Board shall take office, on the date
2that the Governor makes his or her appointment of the fifth
3initial member of the Board, whether those initial members are
4then serving pursuant to appointment and confirmation or
5pursuant to temporary appointments that are made by the
6Governor as in the case of vacancies.
7    The State Board of Education shall provide such staff
8assistance to the Education Funding Advisory Board as is
9reasonably required for the proper performance by the Board of
10its responsibilities.
11    For school years after the 2000-2001 school year, the
12Education Funding Advisory Board, in consultation with the
13State Board of Education, shall make recommendations as
14provided in this subsection (M) to the General Assembly for the
15foundation level under subdivision (B)(3) of this Section and
16for the supplemental general State aid grant level under
17subsection (H) of this Section for districts with high
18concentrations of children from poverty. The recommended
19foundation level shall be determined based on a methodology
20which incorporates the basic education expenditures of
21low-spending schools exhibiting high academic performance. The
22Education Funding Advisory Board shall make such
23recommendations to the General Assembly on January 1 of odd
24numbered years, beginning January 1, 2001.
 
25(N) (Blank).
 

 

 

HB3539 Enrolled- 41 -LRB097 07763 NHT 47875 b

1(O) References.
2    (1) References in other laws to the various subdivisions of
3Section 18-8 as that Section existed before its repeal and
4replacement by this Section 18-8.05 shall be deemed to refer to
5the corresponding provisions of this Section 18-8.05, to the
6extent that those references remain applicable.
7    (2) References in other laws to State Chapter 1 funds shall
8be deemed to refer to the supplemental general State aid
9provided under subsection (H) of this Section.
 
10(P) Public Act 93-838 and Public Act 93-808 make inconsistent
11changes to this Section. Under Section 6 of the Statute on
12Statutes there is an irreconcilable conflict between Public Act
1393-808 and Public Act 93-838. Public Act 93-838, being the last
14acted upon, is controlling. The text of Public Act 93-838 is
15the law regardless of the text of Public Act 93-808.
16(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
1795-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
188-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
198-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; 96-959,
20eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. 11-18-10;
21revised 11-24-10.)
 
22    Section 99. Effective date. This Act takes effect July 1,
232011.