Public Act 93-0021
SB744 Enrolled LRB093 03065 NHT 03082 b
AN ACT concerning schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1
Section 1-1. Short title. This Act may be cited as the
FY2004 Budget Implementation (Education) Act.
Section 1-5. Purpose. It is the purpose of this Act to
make changes relating to education that are necessary to
implement the State's FY2004 budget.
Article 5
Section 5-5. The School Code is amended by changing
Sections 1D-1, 2-3.47, 2-3.61, 2-3.62, 18-8.05, and 27A-11.5
and adding Section 2-3.131 as follows:
(105 ILCS 5/1D-1)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 and each fiscal year
thereafter, the State Board of Education shall award to a
school district having a population exceeding 500,000
inhabitants a general education block grant and an
educational services block grant, determined as provided in
this Section, in lieu of distributing to the district
separate State funding for the programs described in
subsections (b) and (c). The provisions of this Section,
however, do not apply to any federal funds that the district
is entitled to receive. In accordance with Section 2-3.32,
all block grants are subject to an audit. Therefore, block
grant receipts and block grant expenditures shall be recorded
to the appropriate fund code for the designated block grant.
(b) The general education block grant shall include the
following programs: REI Initiative, Summer Bridges, Preschool
At Risk, K-6 Comprehensive Arts, School Improvement Support,
Urban Education, Scientific Literacy, Substance Abuse
Prevention, Second Language Planning, Staff Development,
Outcomes and Assessment, K-6 Reading Improvement, Truants'
Optional Education, Hispanic Programs, Agriculture Education,
Gifted Education, Parental Education, Prevention Initiative,
Report Cards, and Criminal Background Investigations.
Notwithstanding any other provision of law, all amounts paid
under the general education block grant from State
appropriations to a school district in a city having a
population exceeding 500,000 inhabitants shall be
appropriated and expended by the board of that district for
any of the programs included in the block grant or any of the
board's lawful purposes.
(c) The educational services block grant shall include
the following programs: Bilingual, Regular and Vocational
Transportation, State Lunch and Free Breakfast Program,
Special Education (Personnel, Extraordinary, Transportation,
Orphanage, Private Tuition), Summer School, Educational
Service Centers, and Administrator's Academy. This
subsection (c) does not relieve the district of its
obligation to provide the services required under a program
that is included within the educational services block grant.
It is the intention of the General Assembly in enacting the
provisions of this subsection (c) to relieve the district of
the administrative burdens that impede efficiency and
accompany single-program funding. The General Assembly
encourages the board to pursue mandate waivers pursuant to
Section 2-3.25g.
(d) For fiscal year 1996 and each fiscal year
thereafter, the amount of the district's block grants shall
be determined as follows: (i) with respect to each program
that is included within each block grant, the district shall
receive an amount equal to the same percentage of the current
fiscal year appropriation made for that program as the
percentage of the appropriation received by the district from
the 1995 fiscal year appropriation made for that program, and
(ii) the total amount that is due the district under the
block grant shall be the aggregate of the amounts that the
district is entitled to receive for the fiscal year with
respect to each program that is included within the block
grant that the State Board of Education shall award the
district under this Section for that fiscal year. In the
case of the Summer Bridges program, the amount of the
district's block grant shall be equal to 44% of the amount of
the current fiscal year appropriation made for that program.
(e) The district is not required to file any application
or other claim in order to receive the block grants to which
it is entitled under this Section. The State Board of
Education shall make payments to the district of amounts due
under the district's block grants on a schedule determined by
the State Board of Education.
(f) A school district to which this Section applies
shall report to the State Board of Education on its use of
the block grants in such form and detail as the State Board
of Education may specify.
(g) This paragraph provides for the treatment of block
grants under Article 1C for purposes of calculating the
amount of block grants for a district under this Section.
Those block grants under Article 1C are, for this purpose,
treated as included in the amount of appropriation for the
various programs set forth in paragraph (b) above. The
appropriation in each current fiscal year for each block
grant under Article 1C shall be treated for these purposes as
appropriations for the individual program included in that
block grant. The proportion of each block grant so allocated
to each such program included in it shall be the proportion
which the appropriation for that program was of all
appropriations for such purposes now in that block grant, in
fiscal 1995.
Payments to the school district under this Section with
respect to each program for which payments to school
districts generally, as of the date of this amendatory Act of
the 92nd General Assembly, are on a reimbursement basis shall
continue to be made to the district on a reimbursement basis,
pursuant to the provisions of this Code governing those
programs.
(h) Notwithstanding any other provision of law, any
school district receiving a block grant under this Section
may classify all or a portion of the funds that it receives
in a particular fiscal year from any block grant authorized
under this Code or from general State aid pursuant to Section
18-8.05 of this Code (other than supplemental general State
aid) as funds received in connection with any funding program
for which it is entitled to receive funds from the State in
that fiscal year (including, without limitation, any funding
program referred to in subsection (c) of this Section),
regardless of the source or timing of the receipt. The
district may not classify more funds as funds received in
connection with the funding program than the district is
entitled to receive in that fiscal year for that program.
Any classification by a district must be made by a resolution
of its board of education. The resolution must identify the
amount of any block grant or general State aid to be
classified under this subsection (h) and must specify the
funding program to which the funds are to be treated as
received in connection therewith. This resolution is
controlling as to the classification of funds referenced
therein. A certified copy of the resolution must be sent to
the State Superintendent of Education. The resolution shall
still take effect even though a copy of the resolution has
not been sent to the State Superintendent of Education in a
timely manner. No classification under this subsection (h)
by a district shall affect the total amount or timing of
money the district is entitled to receive under this Code.
No classification under this subsection (h) by a district
shall in any way relieve the district from or affect any
requirements that otherwise would apply with respect to the
block grant as provided in this Section, including any
accounting of funds by source, reporting expenditures by
original source and purpose, reporting requirements, or
requirements of provision of services.
(Source: P.A. 91-711, eff. 7-1-00; 92-568, eff. 6-26-02;
92-651, eff. 7-11-02.)
(105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
Sec. 2-3.47. Comprehensive Educational Plan. The State
Board of Education shall analyze the current and anticipated
problems and deficiencies, present and future minimum needs
and requirements and immediate and future objectives and
goals of elementary and secondary education in the State of
Illinois, and shall design and prepare a Comprehensive
Educational Plan for the development, expansion, integration,
coordination, and improved and efficient utilization of the
personnel, facilities, revenues, curricula and standards of
elementary and secondary education for the public schools in
the areas of teaching (including preparation, certification,
compensation, classification, performance rating and tenure),
administration, program content and enrichment, student
academic achievement, class size, transportation, educational
finance and budgetary and accounting procedure, and
educational policy and resource planning. In formulating the
Comprehensive Educational Plan for elementary and secondary
education, pre-school through grade 12, in this State, the
State Board of Education shall give consideration to
disabled, gifted, occupational, career and other specialized
areas of elementary and secondary education, and further
shall consider the problems, requirements and objectives of
private elementary and secondary schools within the State as
the same relate to the present and future problems,
deficiencies, needs, requirements, objectives and goals of
the public school system of Illinois. As an integral part of
the Comprehensive Educational Plan, the State Board of
Education shall develop an annual budget for education for
the entire State which details the required, total revenues
from all sources and the estimated total expenditures for all
purposes under the Comprehensive Educational Plan. The
budgets shall specify the amount of revenue projected from
each source and the amount of expenditure estimated for each
purpose for the fiscal year, and shall specifically relate
and identify such projected revenues and estimated
expenditures to the particular problem, deficiency, need,
requirement, objective or goal set forth in the Comprehensive
Educational Plan to which such revenues for expenditures are
attributable. The State Board of Education shall prepare and
submit to the General Assembly and the Governor drafts of
proposed legislation to implement the Comprehensive
Educational Plan; shall engage in a continuing study,
analysis and evaluation of the Comprehensive Educational Plan
so designed and prepared; and shall from time to time as
required with respect to such annual budgets, and as the
State Board of Education shall determine with respect to any
proposed amendments or modifications of any Comprehensive
Educational Plan enacted by the General Assembly, submit its
drafts or recommendations for proposed legislation to the
General Assembly and the Governor.
(Source: P.A. 89-397, eff. 8-20-95; 90-372, eff. 7-1-98.)
(105 ILCS 5/2-3.61) (from Ch. 122, par. 2-3.61)
Sec. 2-3.61. Summer school grants; gifted and remedial
education. From moneys appropriated for such purposes, the
State Board of Education shall provide summer school grants
to qualifying school districts applying for such grants to be
used by such districts, in strict accordance with the
provisions of this Section, solely for the purpose of
enabling students who are "gifted children" or "talented
children" as defined in Section 14A-2 and students who, as
determined by the school district in accordance with criteria
established by the State Board of Education, are in need of
remedial education in order to qualify for academic
advancement to attend summer school without having to pay
tuition, fees or instructional material expenses. A
qualifying district receiving a summer school grant pursuant
to this Section shall use the grant moneys so received solely
for the purpose of employing certificated personnel to
provide instruction and to furnish necessary transportation,
text books and other instructional materials for students who
are gifted children, talented children or in need of remedial
education within the meaning of this Section and who attend
the summer school program of the district. All applications
for grants under this Section shall be made on forms which
the State Board of Education shall provide, and shall be
filed by the school districts making application for such
grants with the State Board of Education prior to the
beginning of a program. The State Board of Education shall
adopt rules regarding the procedure by which application may
be made for such grants, and shall establish standards by
which to evaluate the summer school programs proposed by
applicant school districts for students who are gifted
children, talented children or in need of remedial education
within the meaning of this Section and for the payment of all
grants awarded pursuant to this Section.
(Source: P.A. 86-184.)
(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
Sec. 2-3.62. Educational Service Centers.
(a) A regional network of educational service centers
shall be established by the State Board of Education to
coordinate and combine existing services in a manner which is
practical and efficient and to provide new services to
schools as provided in this Section. Services to be made
available by such centers shall include the planning,
implementation and evaluation of:
(1) (blank); education for gifted children through
area service centers, experimental projects and
institutes as provided in Section 14A-6;
(2) computer technology education including the
evaluation, use and application of state-of-the-art
technology in computer software as provided in Section
2-3.43;
(3) mathematics, science and reading resources for
teachers including continuing education, inservice
training and staff development.
The centers may provide training, technical assistance,
coordination and planning in other program areas such as
school improvement, school accountability, career guidance,
early childhood education, alcohol/drug education and
prevention, family life - sex education, electronic
transmission of data from school districts to the State,
alternative education and regional special education, and
telecommunications systems that provide distance learning.
Such telecommunications systems may be obtained through the
Department of Central Management Services pursuant to Section
405-270 of the Department of Central Management Services Law
(20 ILCS 405/405-270). The programs and services of
educational service centers may be offered to private school
teachers and private school students within each service
center area provided public schools have already been
afforded adequate access to such programs and services.
The State Board of Education shall promulgate rules and
regulations necessary to implement this Section. The rules
shall include detailed standards which delineate the scope
and specific content of programs to be provided by each
Educational Service Center, as well as the specific planning,
implementation and evaluation services to be provided by each
Center relative to its programs. The Board shall also
provide the standards by which it will evaluate the programs
provided by each Center.
(b) Centers serving Class 1 county school units shall be
governed by an 11-member board, 3 members of which shall be
public school teachers nominated by the local bargaining
representatives to the appropriate regional superintendent
for appointment and no more than 3 members of which shall be
from each of the following categories, including but not
limited to superintendents, regional superintendents, school
board members and a representative of an institution of
higher education. The members of the board shall be
appointed by the regional superintendents whose school
districts are served by the educational service center. The
composition of the board will reflect the revisions of this
amendatory Act of 1989 as the terms of office of current
members expire.
(c) The centers shall be of sufficient size and number
to assure delivery of services to all local school districts
in the State.
(d) From monies appropriated for this program the State
Board of Education shall provide grants to qualifying
Educational Service Centers applying for such grants in
accordance with rules and regulations promulgated by the
State Board of Education to implement this Section.
(e) The governing authority of each of the 18 regional
educational service centers shall appoint a family life - sex
education advisory board consisting of 2 parents, 2 teachers,
2 school administrators, 2 school board members, 2 health
care professionals, one library system representative, and
the director of the regional educational service center who
shall serve as chairperson of the advisory board so
appointed. Members of the family life - sex education
advisory boards shall serve without compensation. Each of
the advisory boards appointed pursuant to this subsection
shall develop a plan for regional teacher-parent family life
- sex education training sessions and shall file a written
report of such plan with the governing board of their
regional educational service center. The directors of each
of the regional educational service centers shall thereupon
meet, review each of the reports submitted by the advisory
boards and combine those reports into a single written report
which they shall file with the Citizens Council on School
Problems prior to the end of the regular school term of the
1987-1988 school year.
(f) The 14 educational service centers serving Class I
county school units shall be disbanded on the first Monday of
August, 1995, and their statutory responsibilities and
programs shall be assumed by the regional offices of
education, subject to rules and regulations developed by the
State Board of Education. The regional superintendents of
schools elected by the voters residing in all Class I
counties shall serve as the chief administrators for these
programs and services. By rule of the State Board of
Education, the 10 educational service regions of lowest
population shall provide such services under cooperative
agreements with larger regions.
(Source: P.A. 91-239, eff. 1-1-00.)
(105 ILCS 5/2-3.131 new)
Sec. 2-3.131. FY2004 transitional assistance payments.
If the amount that the State Board of Education will pay to a
school district from fiscal year 2004 appropriations, as
estimated by the State Board of Education on April 1, 2004,
is less than the amount that the State Board of Education
paid to the school district from fiscal year 2003
appropriations, then, subject to appropriation, the State
Board of Education shall make a fiscal year 2004 transitional
assistance payment to the school district in an amount equal
to the difference between the estimated amount to be paid
from fiscal year 2004 appropriations and the amount paid from
fiscal year 2003 appropriations.
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund.
In case of nonrecognition of one or more attendance
centers in a school district otherwise operating
recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily
Attendance in the attendance center or centers bear to
the Average Daily Attendance in the school district. A
"recognized school" means any public school which meets
the standards as established for recognition by the State
Board of Education. A school district or attendance
center not having recognition status at the end of a
school term is entitled to receive State aid payments due
upon a legal claim which was filed while it was
recognized.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) If a school district operates a full year
school under Section 10-19.1, the general State aid to
the school district shall be determined by the State
Board of Education in accordance with this Section as
near as may be applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided
for in this Section may apply those funds to any fund so
received for which that board is authorized to make
expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of
Average Daily Attendance and derived as provided pursuant
to subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except Bond and
Interest, Summer School, Rent, Capital Improvement, and
Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and 2002-2003 school
year each school year thereafter, the Foundation Level of
support is $4,560 or such greater amount as may be
established by law by the General Assembly.
(4) For the 2003-2004 school year and each school year
thereafter, the Foundation Level of support is $4,810 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever
is greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.05%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(5) The amount of general State aid allocated to a
school district for the 1999-2000 school year meeting the
requirements set forth in paragraph (4) of subsection (G)
shall be increased by an amount equal to the general State
aid that would have been received by the district for the
1998-1999 school year by utilizing the Extension Limitation
Equalized Assessed Valuation as calculated in paragraph (4)
of subsection (G) less the general State aid allotted for the
1998-1999 school year. This amount shall be deemed a one
time increase, and shall not affect any future general State
aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year. Beginning with the general State aid claim form for
the 2002-2003 school year, districts shall calculate Average
Daily Attendance as provided in subdivisions (a), (b), and
(c) of this paragraph (1).
(a) In districts that do not hold year-round
classes, days of attendance in August shall be added to
the month of September and any days of attendance in June
shall be added to the month of May.
(b) In districts in which all buildings hold
year-round classes, days of attendance in July and August
shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
(c) In districts in which some buildings, but not
all, hold year-round classes, for the non-year-round
buildings, days of attendance in August shall be added to
the month of September and any days of attendance in June
shall be added to the month of May. The average daily
attendance for the year-round buildings shall be computed
as provided in subdivision (b) of this paragraph (1). To
calculate the Average Daily Attendance for the district,
the average daily attendance for the year-round buildings
shall be multiplied by the days in session for the
non-year-round buildings for each month and added to the
monthly attendance of the non-year-round buildings.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school
for only a part of the school day may be counted on the
basis of 1/6 day for every class hour of instruction of
40 minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of
80 minutes or more of instruction, in which case the
pupil may be counted on the basis of the proportion of
minutes of school work completed each day to the minimum
number of minutes that school work is required to be held
that day.
(b) Days of attendance may be less than 5 clock
hours on the opening and closing of the school term, and
upon the first day of pupil attendance, if preceded by a
day or days utilized as an institute or teachers'
workshop.
(c) A session of 4 or more clock hours may be
counted as a day of attendance upon certification by the
regional superintendent, and approved by the State
Superintendent of Education to the extent that the
district has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be
counted as a day of attendance (1) when the remainder of
the school day or at least 2 hours in the evening of that
day is utilized for an in-service training program for
teachers, up to a maximum of 5 days per school year of
which a maximum of 4 days of such 5 days may be used for
parent-teacher conferences, provided a district conducts
an in-service training program for teachers which has
been approved by the State Superintendent of Education;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day of
attendance; and (2) when days in addition to those
provided in item (1) are scheduled by a school pursuant
to its school improvement plan adopted under Article 34
or its revised or amended school improvement plan adopted
under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for
teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours
fall short of 5 clock hours. Any full days used for the
purposes of this paragraph shall not be considered for
computing average daily attendance. Days scheduled for
in-service training programs, staff development
activities, or parent-teacher conferences may be
scheduled separately for different grade levels and
different attendance centers of the district.
(e) A session of not less than one clock hour of
teaching hospitalized or homebound pupils on-site or by
telephone to the classroom may be counted as 1/2 day of
attendance, however these pupils must receive 4 or more
clock hours of instruction to be counted for a full day
of attendance.
(f) A session of at least 4 clock hours may be
counted as a day of attendance for first grade pupils,
and pupils in full day kindergartens, and a session of 2
or more hours may be counted as 1/2 day of attendance by
pupils in kindergartens which provide only 1/2 day of
attendance.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 or more clock
hours because of their disability or immaturity, a
session of not less than one clock hour may be counted as
1/2 day of attendance; however for such children whose
educational needs so require a session of 4 or more clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for
only 1/2 day of attendance by each pupil shall not have
more than 1/2 day of attendance counted in any one day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the pupil shall have the following day as a day
absent from school, unless the school district obtains
permission in writing from the State Superintendent of
Education. Attendance at kindergartens which provide for
a full day of attendance by each pupil shall be counted
the same as attendance by first grade pupils. Only the
first year of attendance in one kindergarten shall be
counted, except in case of children who entered the
kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under the rules and regulations of the State
Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State
Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department
of Revenue of all taxable property of every school district,
together with (i) the applicable tax rate used in extending
taxes for the funds of the district as of September 30 of the
previous year and (ii) the limiting rate for all school
districts subject to property tax extension limitations as
imposed under the Property Tax Extension Limitation Law.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school
district within a redevelopment project area in respect
to which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Sections 11-74.4-1 through
11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the
current equalized assessed valuation of real property
located in any such project area which is attributable to
an increase above the total initial equalized assessed
valuation of such property shall be used as part of the
equalized assessed valuation of the district, until such
time as all redevelopment project costs have been paid,
as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of
the Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall
be used until such time as all redevelopment project
costs have been paid.
(b) The real property equalized assessed valuation
for a school district shall be adjusted by subtracting
from the real property value as equalized or assessed by
the Department of Revenue for the district an amount
computed by dividing the amount of any abatement of taxes
under Section 18-170 of the Property Tax Code by 3.00%
for a district maintaining grades kindergarten through
12, by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.05% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes
under subsection (a) of Section 18-165 of the Property
Tax Code by the same percentage rates for district type
as specified in this subparagraph (b).
(3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
For purposes of this subsection (G)(3) the following
terms shall have the following meanings:
"Budget Year": The school year for which general
State aid is calculated and awarded under subsection (E).
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State
aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Base Tax Year's Tax Extension": The product of the
equalized assessed valuation utilized by the County Clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the County Clerk and defined in the
Property Tax Extension Limitation Law.
"Preceding Tax Year's Tax Extension": The product of
the equalized assessed valuation utilized by the County
Clerk in the Preceding Tax Year multiplied by the
Operating Tax Rate as defined in subsection (A).
"Extension Limitation Ratio": A numerical ratio,
certified by the County Clerk, in which the numerator is
the Base Tax Year's Tax Extension and the denominator is
the Preceding Tax Year's Tax Extension.
"Operating Tax Rate": The operating tax rate as
defined in subsection (A).
If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district
as calculated by the State Board of Education shall be equal
to the product of the district's 1996 Equalized Assessed
Valuation and the district's Extension Limitation Ratio. For
the 2000-2001 school year and each school year thereafter,
the Extension Limitation Equalized Assessed Valuation of a
school district as calculated by the State Board of Education
shall be equal to the product of the Equalized Assessed
Valuation last used in the calculation of general State aid
and the district's Extension Limitation Ratio. If the
Extension Limitation Equalized Assessed Valuation of a school
district as calculated under this subsection (G)(3) is less
than the district's equalized assessed valuation as
calculated pursuant to subsections (G)(1) and (G)(2), then
for purposes of calculating the district's general State aid
for the Budget Year pursuant to subsection (E), that
Extension Limitation Equalized Assessed Valuation shall be
utilized to calculate the district's Available Local
Resources under subsection (D).
(4) For the purposes of calculating general State aid
for the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized
assessed valuation used in calculating its general State
financial aid apportionment for the 1998-1999 school year,
the State Board of Education shall calculate the Extension
Limitation Equalized Assessed Valuation that would have been
used to calculate the district's 1998-1999 general State aid.
This amount shall equal the product of the equalized assessed
valuation used to calculate general State aid for the
1997-1998 school year and the district's Extension Limitation
Ratio. If the Extension Limitation Equalized Assessed
Valuation of the school district as calculated under this
paragraph (4) is less than the district's equalized assessed
valuation utilized in calculating the district's 1998-1999
general State aid allocation, then for purposes of
calculating the district's general State aid pursuant to
paragraph (5) of subsection (E), that Extension Limitation
Equalized Assessed Valuation shall be utilized to calculate
the district's Available Local Resources.
(5) For school districts having a majority of their
equalized assessed valuation in any county except Cook,
DuPage, Kane, Lake, McHenry, or Will, if the amount of
general State aid allocated to the school district for the
1999-2000 school year under the provisions of subsection (E),
(H), and (J) of this Section is less than the amount of
general State aid allocated to the district for the 1998-1999
school year under these subsections, then the general State
aid of the district for the 1999-2000 school year only shall
be increased by the difference between these amounts. The
total payments made under this paragraph (5) shall not exceed
$14,000,000. Claims shall be prorated if they exceed
$14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. If the
appropriation in any fiscal year for general State aid and
supplemental general State aid is insufficient to pay the
amounts required under the general State aid and supplemental
general State aid calculations, then the State Board of
Education shall ensure that each school district receives the
full amount due for general State aid and the remainder of
the appropriation shall be used for supplemental general
State aid, which the State Board of Education shall calculate
and pay to eligible districts on a prorated basis.
(1.5) This paragraph (1.5) applies only to those school
years preceding the 2003-2004 school year. For purposes of
this subsection (H), the term "Low-Income Concentration
Level" shall be the low-income eligible pupil count from the
most recently available federal census divided by the Average
Daily Attendance of the school district. If, however, (i) the
percentage decrease from the 2 most recent federal censuses
in the low-income eligible pupil count of a high school
district with fewer than 400 students exceeds by 75% or more
the percentage change in the total low-income eligible pupil
count of contiguous elementary school districts, whose
boundaries are coterminous with the high school district, or
(ii) a high school district within 2 counties and serving 5
elementary school districts, whose boundaries are coterminous
with the high school district, has a percentage decrease from
the 2 most recent federal censuses in the low-income eligible
pupil count and there is a percentage increase in the total
low-income eligible pupil count of a majority of the
elementary school districts in excess of 50% from the 2 most
recent federal censuses, then the high school district's
low-income eligible pupil count from the earlier federal
census shall be the number used as the low-income eligible
pupil count for the high school district, for purposes of
this subsection (H). The changes made to this paragraph (1)
by Public Act 92-28 shall apply to supplemental general State
aid grants for school years preceding the 2003-2004 school
year that are paid in fiscal year 1999 or and in each fiscal
year thereafter and to any State aid payments made in fiscal
year 1994 through fiscal year 1998 pursuant to subsection
1(n) of Section 18-8 of this Code (which was repealed on July
1, 1998), and any high school district that is affected by
Public Act 92-28 is entitled to a recomputation of its
supplemental general State aid grant or State aid paid in any
of those fiscal years. This recomputation shall not be
affected by any other funding.
(1.10) This paragraph (1.10) applies to the 2003-2004
school year and each school year thereafter. For purposes of
this subsection (H), the term "Low-Income Concentration
Level" shall, for each fiscal year, be the low-income
eligible pupil count as of July 1 of the immediately
preceding fiscal year (as determined by the Department of
Human Services based on the number of pupils who are eligible
for at least one of the following low income programs:
Medicaid, KidCare, TANF, or Food Stamps, excluding pupils who
are eligible for services provided by the Department of
Children and Family Services, averaged over the 2 immediately
preceding fiscal years for fiscal year 2004 and over the 3
immediately preceding fiscal years for each fiscal year
thereafter) divided by the Average Daily Attendance of the
school district.
(2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the
1998-1999, 1999-2000, and 2000-2001 school years only:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d)
immediately above shall be increased to $1,243, $1,600,
and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be $1,273, $1,640, and $2,050,
respectively.
(2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2002-2003
school year and each school year thereafter:
(a) For any school district with a Low Income
Concentration Level of less than 10%, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 10% and less than 20%,
the grant for each school year shall be $675 multiplied
by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for each school year shall be $1,330 multiplied
by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for each school year shall be $1,362 multiplied
by the low income eligible pupil count.
(e) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for each school year shall be $1,680 multiplied
by the low income eligible pupil count.
(f) For any school district with a Low Income
Concentration Level of 60% or more, the grant for each
school year shall be $2,080 multiplied by the low income
eligible pupil count.
(2.10) Except as otherwise provided, supplemental
general State aid pursuant to this subsection (H) shall be
provided as follows for the 2003-2004 school year and each
school year thereafter:
(a) For any school district with a Low Income
Concentration Level of 15% or less, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level greater than 15%, the grant for each
school year shall be $294.25 added to the product of
$2,700 and the square of the Low Income Concentration
Level, all multiplied by the low income eligible pupil
count.
For the 2003-2004 school year only, the grant shall be no
less than the grant for the 2002-2003 school year. For the
2004-2005 school year only, the grant shall be no less than
the grant for the 2002-2003 school year multiplied by 0.66.
For the 2005-2006 school year only, the grant shall be no
less than the grant for the 2002-2003 school year multiplied
by 0.33.
For the 2003-2004 school year only, the grant shall be no
greater than the grant received during the 2002-2003 school
year added to the product of 0.25 multiplied by the
difference between the grant amount calculated under
subsection (a) or (b) of this paragraph (2.10), whichever is
applicable, and the grant received during the 2002-2003
school year. For the 2004-2005 school year only, the grant
shall be no greater than the grant received during the
2002-2003 school year added to the product of 0.50 multiplied
by the difference between the grant amount calculated under
subsection (a) or (b) of this paragraph (2.10), whichever is
applicable, and the grant received during the 2002-2003
school year. For the 2005-2006 school year only, the grant
shall be no greater than the grant received during the
2002-2003 school year added to the product of 0.75 multiplied
by the difference between the grant amount calculated under
subsection (a) or (b) of this paragraph (2.10), whichever is
applicable, and the grant received during the 2002-2003
school year.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting
from this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts shall be distributed to
the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance
center who are eligible to receive free or reduced-price
lunches or breakfasts under the federal Child Nutrition
Act of 1966 and under the National School Lunch Act
during the immediately preceding school year.
(b) The distribution of these portions of
supplemental and general State aid among attendance
centers according to these requirements shall not be
compensated for or contravened by adjustments of the
total of other funds appropriated to any attendance
centers, and the Board of Education shall utilize funding
from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds
and other categorical funds to which an attendance center
is entitled under law in order that the general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection are
not required to be allocated and provided to attendance
centers may be used and appropriated by the board of the
district for any lawful school purpose.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by the attendance center
at the discretion of the principal and local school
council for programs to improve educational opportunities
at qualifying schools through the following programs and
services: early childhood education, reduced class size
or improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement,
and other educationally beneficial expenditures which
supplement the regular and basic programs as determined
by the State Board of Education. Funds provided shall not
be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to
meet the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to
the State Board of Education prior to July 15 of each
year. This plan shall be consistent with the decisions of
local school councils concerning the school expenditure
plans developed in accordance with part 4 of Section
34-2.3. The State Board shall approve or reject the plan
within 60 days after its submission. If the plan is
rejected, the district shall give written notice of
intent to modify the plan within 15 days of the
notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of
intent to modify. Districts may amend approved plans
pursuant to rules promulgated by the State Board of
Education.
Upon notification by the State Board of Education
that the district has not submitted a plan prior to July
15 or a modified plan within the time period specified
herein, the State aid funds affected by that plan or
modified plan shall be withheld by the State Board of
Education until a plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan,
the plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days
of receipt of the report, notify the district and any
affected local school council. The district shall within
45 days of receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure
report or the notification of remedial or corrective
action in a timely manner shall result in a withholding
of the affected funds.
The State Board of Education shall promulgate rules
and regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the new
district and for the previously existing districts for which
property is totally included within the new district. If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new
district.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing district as
constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on the basis of the annexing and
annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the
annexing school district as constituted upon such annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental
general State aid calculated under this Section shall be
computed for each annexing or resulting district as
constituted after the annexation or division and for each
annexing and annexed district, or for each resulting and
divided district, as constituted prior to the annexation or
division; and if the aggregate of the general State aid and
supplemental general State aid as so computed for the
annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(3.5) Claims for financial assistance under this
subsection (I) shall not be recomputed except as expressly
provided under this Section.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-98 school year,
pursuant to the provisions of that Section as it was then in
effect. If a school district qualifies to receive a
supplementary payment made under this subsection (J), the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that
the district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation
made for purposes of this subsection (J), a supplementary
payment that is equal to the amount of the difference in the
aggregate State aid figures as described in paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection (K) may not
increase the number of students enrolled in its laboratory
school from a single district, if that district is already
sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
established by the regional superintendents of schools of the
affected educational service regions. An alternative school
serving more than one educational service region may be
operated under such terms as the regional superintendents of
schools of those educational service regions may agree.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the Average Daily
Attendance of the school's students by month. The best 3
months' Average Daily Attendance shall be computed for each
school. The general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
shall be reduced by an amount equal to the budget for the
operations of the Authority as certified by the Authority to
the State Board of Education, and an amount equal to such
reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in
Section 18-11. The remainder of general State school aid for
any such district shall be paid in accordance with Article
34A when that Article provides for a disposition other than
that provided by this Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments
are made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those initial
members are then serving pursuant to appointment and
confirmation or pursuant to temporary appointments that are
made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96,
eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff.
6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
8-7-01; 92-604, eff. 7-1-02; 92-636, eff. 7-11-02; 92-651,
eff. 7-11-02; revised 7-26-02.)
(105 ILCS 5/27A-11.5)
Sec. 27A-11.5. State financing. The State Board of
Education shall make the following funds available to school
districts and charter schools:
(1) From a separate appropriation made to the State
Board for purposes of this subdivision (1), the State
Board shall make transition impact aid available to
school districts that approve a new charter school or
that have funds withheld by the State Board to fund a new
charter school that is chartered by the State Board. The
amount of the aid shall equal 90% of the per capita
funding paid to the charter school during the first year
of its initial charter term, 65% of the per capita
funding paid to the charter school during the second year
of its initial term, and 35% of the per capita funding
paid to the charter school during the third year of its
initial term. This transition impact aid shall be paid
to the local school board in equal quarterly
installments, with the payment of the installment for the
first quarter being made by August 1st immediately
preceding the first, second, and third years of the
initial term. The district shall file an application for
this aid with the State Board in a format designated by
the State Board. If the appropriation is insufficient in
any year to pay all approved claims, the impact aid shall
be prorated. However, for fiscal year 2004, the State
Board of Education shall pay approved claims only for
charter schools with a valid charter granted prior to
June 1, 2003. If any funds remain after these claims have
been paid, then the State Board of Education may pay all
other approved claims on a pro rata basis. Transition
impact aid shall be paid beginning in the 1999-2000
school year for charter schools that are in the first,
second, or third year of their initial term. Transition
impact aid shall not be paid for any charter school that
is proposed and created by one or more boards of
education, as authorized under the provisions of Public
Act 91-405.
(2) From a separate appropriation made for the
purpose of this subdivision (2), the State Board shall
make grants to charter schools to pay their start-up
costs of acquiring educational materials and supplies,
textbooks, furniture, and other equipment needed during
their initial term. The State Board shall annually
establish the time and manner of application for these
grants, which shall not exceed $250 per student enrolled
in the charter school.
(3) The Charter Schools Revolving Loan Fund is
created as a special fund in the State treasury. Federal
funds, such other funds as may be made available for
costs associated with the establishment of charter
schools in Illinois, and amounts repaid by charter
schools that have received a loan from the Charter
Schools Revolving Loan Fund shall be deposited into the
Charter Schools Revolving Loan Fund, and the moneys in
the Charter Schools Revolving Loan Fund shall be
appropriated to the State Board and used to provide
interest-free loans to charter schools. These funds
shall be used to pay start-up costs of acquiring
educational materials and supplies, textbooks, furniture,
and other equipment needed in the initial term of the
charter school and for acquiring and remodeling a
suitable physical plant, within the initial term of the
charter school. Loans shall be limited to one loan per
charter school and shall not exceed $250 per student
enrolled in the charter school. A loan shall be repaid
by the end of the initial term of the charter school.
The State Board may deduct amounts necessary to repay the
loan from funds due to the charter school or may require
that the local school board that authorized the charter
school deduct such amounts from funds due the charter
school and remit these amounts to the State Board,
provided that the local school board shall not be
responsible for repayment of the loan. The State Board
may use up to 3% of the appropriation to contract with a
non-profit entity to administer the loan program.
(4) A charter school may apply for and receive,
subject to the same restrictions applicable to school
districts, any grant administered by the State Board that
is available for school districts.
(Source: P.A. 91-407, eff. 8-3-99; 92-16, eff. 6-28-01.)
(105 ILCS 5/Art. 14A rep.)
Section 5-10. The School Code is amended by repealing
Article 14A.
Article 10
Section 10-5. The School Code is amended by changing
Section 10-22.20 as follows:
(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
Sec. 10-22.20. Classes for adults and youths whose
schooling has been interrupted; conditions for State
reimbursement; use of child care facilities.
(a) To establish special classes for the instruction (1)
of persons of age 21 years or over, and (2) of persons less
than age 21 and not otherwise in attendance in public school,
for the purpose of providing adults in the community, and
youths whose schooling has been interrupted, with such
additional basic education, vocational skill training, and
other instruction as may be necessary to increase their
qualifications for employment or other means of self-support
and their ability to meet their responsibilities as citizens
including courses of instruction regularly accepted for
graduation from elementary or high schools and for
Americanization and General Educational Development Review
classes.
The board shall pay the necessary expenses of such
classes out of school funds of the district, including costs
of student transportation and such facilities or provision
for child-care as may be necessary in the judgment of the
board to permit maximum utilization of the courses by
students with children, and other special needs of the
students directly related to such instruction. The expenses
thus incurred shall be subject to State reimbursement, as
provided in this Section. The board may make a tuition
charge for persons taking instruction who are not subject to
State reimbursement, such tuition charge not to exceed the
per capita cost of such classes.
The cost of such instruction, including the additional
expenses herein authorized, incurred for recipients of
financial aid under the Illinois Public Aid Code, or for
persons for whom education and training aid has been
authorized under Section 9-8 of that Code, shall be assumed
in its entirety from funds appropriated by the State to the
Illinois Community College Board.
(b) The Illinois Community College Board shall establish
the standards for the courses of instruction reimbursed under
this Section. The Illinois Community College Board shall
supervise the administration of the programs. The Illinois
Community College Board shall determine the cost of
instruction in accordance with standards established by the
the Illinois Community College Board, including therein other
incidental costs as herein authorized, which shall serve as
the basis of State reimbursement in accordance with the
provisions of this Section. In the approval of programs and
the determination of the cost of instruction, the Illinois
Community College Board shall provide for the maximum
utilization of federal funds for such programs. The Illinois
Community College Board shall also provide for:
(1) the development of an index of need for program
planning and for area funding allocations, as defined by
the Illinois Community College Board;
(2) the method for calculating hours of
instruction, as defined by the Illinois Community College
Board, claimable for reimbursement and a method to phase
in the calculation and for adjusting the calculations in
cases where the services of a program are interrupted due
to circumstances beyond the control of the program
provider;
(3) a plan for the reallocation of funds to
increase the amount allocated for grants based upon
program performance as set forth in subsection (d) below;
and
(4) the development of standards for determining
grants based upon performance as set forth in subsection
(d) below and a plan for the phased-in implementation of
those standards.
For instruction provided by school districts and
community college districts beginning July 1, 1996 and
thereafter, reimbursement provided by the Illinois Community
College Board for classes authorized by this Section shall be
provided from funds appropriated for the reimbursement
criteria set forth in subsection (c) below.
(c) Upon the annual approval of the Illinois Community
College Board, reimbursement shall be first provided for
transportation, child care services, and other special needs
of the students directly related to instruction and then from
the funds remaining an amount equal to the product of the
total credit hours or units of instruction approved by the
Illinois Community College Board, multiplied by the
following:
(1) For adult basic education, the maximum
reimbursement per credit hour or per unit of instruction
shall be equal to the general state aid per pupil
foundation level established in subsection (B) of Section
18-8.05, divided by 60;
(2) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be weighted for students enrolled in classes defined as
vocational skills and approved by the Illinois Community
College Board by 1.25;
(3) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be multiplied by .90 for students enrolled in classes
defined as adult secondary education programs and
approved by the Illinois Community College Board;
(4) (Blank) For community college districts the
maximum reimbursement per credit hour in subparagraphs
(1), (2), and (3) above shall be reduced by the Adult
Basic Education/Adult Secondary Education/English As A
Second Language credit hour grant rate prescribed in
Section 2-16.02 of the Public Community College Act, as
pro-rated to the appropriation level; and
(5) Programs receiving funds under the formula that
was in effect during the 1994-1995 program year which
continue to be approved and which generate at least 80%
of the hours claimable in 1994-95, or in the case of
programs not approved in 1994-95 at least 80% of the
hours claimable in 1995-96, shall have funding for
subsequent years based upon 100% of the 1995-96 formula
funding level for 1996-97, 90% of the 1995-96 formula
funding level for 1997-98, 80% of the 1995-96 formula
funding level for 1998-99, and 70% of the 1995-96 formula
funding level for 1999-2000. For any approved program
which generates less than 80% of the claimable hours in
its base year, the level of funding pursuant to this
paragraph shall be reduced proportionately. Funding for
program years after 1999-2000 shall be determined by the
Illinois Community College Board.
(d) Upon its annual approval,, the Illinois Community
College Board shall provide grants to eligible programs for
supplemental activities to improve or expand services under
the Adult Education Act. Eligible programs shall be
determined based upon performance outcomes of students in the
programs as set by the Illinois Community College Board.
(e) Reimbursement under this Section shall not exceed
the actual costs of the approved program.
If the amount appropriated to the Illinois Community
College Board for reimbursement under this Section is less
than the amount required under this Act, the apportionment
shall be proportionately reduced.
School districts and community college districts may
assess students up to $3.00 per credit hour, for classes
other than Adult Basic Education level programs, if needed to
meet program costs.
(f) An education plan shall be established for each
adult or youth whose schooling has been interrupted and who
is participating in the instructional programs provided under
this Section.
Each school board and community college shall keep an
accurate and detailed account of the students assigned to and
receiving instruction under this Section who are subject to
State reimbursement and shall submit reports of services
provided commencing with fiscal year 1997 as required by the
Illinois Community College Board.
For classes authorized under this Section, a credit hour
or unit of instruction is equal to 15 hours of direct
instruction for students enrolled in approved adult education
programs at midterm and making satisfactory progress, in
accordance with standards established by the Illinois
Community College Board.
(g) Upon proof submitted to the Illinois Department of
Human Services of the payment of all claims submitted under
this Section, that Department shall apply for federal funds
made available therefor and any federal funds so received
shall be paid into the General Revenue Fund in the State
Treasury.
School districts or community colleges providing classes
under this Section shall submit applications to the Illinois
Community College Board for preapproval in accordance with
the standards established by the Illinois Community College
Board. Payments shall be made by the Illinois Community
College Board based upon approved programs. Interim
expenditure reports may be required by the Illinois Community
College Board. Final claims for the school year shall be
submitted to the regional superintendents for transmittal to
the Illinois Community College Board. Final adjusted
payments shall be made by September 30.
If a school district or community college district fails
to provide, or is providing unsatisfactory or insufficient
classes under this Section, the Illinois Community College
Board may enter into agreements with public or private
educational or other agencies other than the public schools
for the establishment of such classes.
(h) If a school district or community college district
establishes child-care facilities for the children of
participants in classes established under this Section, it
may extend the use of these facilities to students who have
obtained employment and to other persons in the community
whose children require care and supervision while the parent
or other person in charge of the children is employed or
otherwise absent from the home during all or part of the day.
It may make the facilities available before and after as well
as during regular school hours to school age and preschool
age children who may benefit thereby, including children who
require care and supervision pending the return of their
parent or other person in charge of their care from
employment or other activity requiring absence from the home.
The Illinois Community College Board shall pay to the
board the cost of care in the facilities for any child who is
a recipient of financial aid under the Illinois Public Aid
Code.
The board may charge for care of children for whom it
cannot make claim under the provisions of this Section. The
charge shall not exceed per capita cost, and to the extent
feasible, shall be fixed at a level which will permit
utilization by employed parents of low or moderate income.
It may also permit any other State or local governmental
agency or private agency providing care for children to
purchase care.
After July 1, 1970 when the provisions of Section
10-20.20 become operative in the district, children in a
child-care facility shall be transferred to the kindergarten
established under that Section for such portion of the day as
may be required for the kindergarten program, and only the
prorated costs of care and training provided in the Center
for the remaining period shall be charged to the Illinois
Department of Human Services or other persons or agencies
paying for such care.
(i) The provisions of this Section shall also apply to
school districts having a population exceeding 500,000.
(j) In addition to claiming reimbursement under this
Section, a school district may claim general State aid under
Section 18-8.05 for any student under age 21 who is enrolled
in courses accepted for graduation from elementary or high
school and who otherwise meets the requirements of Section
18-8.05.
(Source: P.A. 90-14, eff. 7-1-97; 90-548, eff. 1-1-98;
90-802, eff. 12-15-98; 91-830, eff. 7-1-01; revised 2-17-03.)
Section 10-10. The Adult Education Act is amended by
changing Section 3-1 as follows:
(105 ILCS 405/3-1) (from Ch. 122, par. 203-1)
Sec. 3-1. Apportionment for Adult Education Courses. Any
school district or public community college district
maintaining adult education classes for the instruction of
persons over 21 years of age and youths under 21 years of age
whose schooling has been interrupted shall be entitled to
claim an apportionment in accordance with the provisions of
Section 10-22.20 of the School Code and Section 2-4 of this
Act. Any public community college district maintaining adult
education classes for the instruction of persons over 21
years of age and youths under 21 years of age whose schooling
has been interrupted shall be entitled to claim an
apportionment in accordance with the provisions of Section
2-16.02 of the Public Community College Act.
Reimbursement as herein provided shall be limited to
courses regularly accepted for graduation from elementary or
high schools and for Americanization and General Educational
Development Review classes which are approved by the Board.
If the amount appropriated for this purpose is less than
the amount required under the provisions of this Section, the
apportionment for local districts shall be proportionately
reduced.
(Source: P.A. 91-830, eff. 7-1-00.)
Section 10-15. The Public Community College Act is
amended by changing Section 2-16.02 and adding Section 2-20
as follows:
(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
Sec. 2-16.02. Grants. Any community college district
that maintains a community college recognized by the State
Board shall receive, when eligible, grants enumerated in this
Section. Funded semester credit hours or other measures or
both as specified by the State Board shall be used to
distribute grants to community colleges. Funded semester
credit hours shall be defined, for purposes of this Section,
as the greater of (1) the number of semester credit hours, or
equivalent, in all funded instructional categories of
students who have been certified as being in attendance at
midterm during the respective terms of the base fiscal year
or (2) the average of semester credit hours, or equivalent,
in all funded instructional categories of students who have
been certified as being in attendance at midterm during the
respective terms of the base fiscal year and the 2 prior
fiscal years. For purposes of this Section, "base fiscal
year" means the fiscal year 2 years prior to the fiscal year
for which the grants are appropriated. Such students shall
have been residents of Illinois and shall have been enrolled
in courses that are part of instructional program categories
approved by the State Board and that are applicable toward an
associate degree or certificate. Courses that are eligible
for reimbursement are those courses for which the district
pays 50% or more of the program costs from unrestricted
revenue sources, with the exception of courses offered by
contract with the Department of Corrections in correctional
institutions. For the purposes of this Section, "unrestricted
revenue sources" means those revenues in which the provider
of the revenue imposes no financial limitations upon the
district as it relates to the expenditure of the funds.
Courses are not eligible for reimbursement where the district
receives federal or State financing or both, except financing
through the State Board, for 50% or more of the program costs
with the exception of courses offered by contract with the
Department of Corrections in correctional institutions. Base
operating grants shall be paid based on rates per funded
semester credit hour or equivalent calculated by the State
Board for funded instructional categories using cost of
instruction, enrollment, inflation, and other relevant
factors. A portion of the base operating grant shall be
allocated on the basis of non-residential gross square
footage of space maintained by the district.
Equalization grants shall be calculated by the State
Board by determining a local revenue factor for each district
by: (A) adding (1) each district's Corporate Personal
Property Replacement Fund allocations from the base fiscal
year or the average of the base fiscal year and prior year,
whichever is less, divided by the applicable statewide
average tax rate to (2) the district's most recently audited
year's equalized assessed valuation or the average of the
most recently audited year and prior year, whichever is less,
(B) then dividing by the district's audited full-time
equivalent resident students for the base fiscal year or the
average for the base fiscal year and the 2 prior fiscal
years, whichever is greater, and (C) then multiplying by the
applicable statewide average tax rate. The State Board shall
calculate a statewide weighted average threshold by applying
the same methodology to the totals of all districts'
Corporate Personal Property Tax Replacement Fund allocations,
equalized assessed valuations, and audited full-time
equivalent district resident students and multiplying by the
applicable statewide average tax rate. The difference
between the statewide weighted average threshold and the
local revenue factor, multiplied by the number of full-time
equivalent resident students, shall determine the amount of
equalization funding that each district is eligible to
receive. A percentage factor, as determined by the State
Board, may be applied to the statewide threshold as a method
for allocating equalization funding. A minimum equalization
grant of an amount per district as determined by the State
Board shall be established for any community college district
which qualifies for an equalization grant based upon the
preceding criteria, but becomes ineligible for equalization
funding, or would have received a grant of less than the
minimum equalization grant, due to threshold prorations
applied to reduce equalization funding. As of July 1, 2004, a
community college district must maintain a minimum required
combined in-district tuition and universal fee rate per
semester credit hour equal to 85% of the State-average
combined rate, as determined by the State Board, for
equalization funding. As of July 1, 2004, a community college
district must maintain a minimum required operating tax rate
equal to at least 95% of its maximum authorized tax rate to
qualify for equalization funding. This 95% minimum tax rate
requirement shall be based upon the maximum operating tax
rate as limited by the Property Tax Extension Limitation Law.
As of July 1, 1997, community college districts must maintain
a minimum required in-district tuition rate per semester
credit hour as determined by the State Board. For each
fiscal year between July 1, 1997 and June 30, 2001, districts
not meeting the minimum required rate will be subject to a
percent reduction of equalization funding as determined by
the State Board. As of July 1, 2001, districts must meet the
required minimum in-district tuition rate to qualify for
equalization funding.
The State Board shall distribute such other grants as may
be authorized or appropriated by the General Assembly.
Each community college district entitled to State grants
under this Section must submit a report of its enrollment to
the State Board not later than 30 days following the end of
each semester, quarter, or term in a format prescribed by the
State Board. These semester credit hours, or equivalent,
shall be certified by each district on forms provided by the
State Board. Each district's certified semester credit
hours, or equivalent, are subject to audit pursuant to
Section 3-22.1.
The State Board shall certify, prepare, and submit to the
State Comptroller during August, November, February, and May
of each fiscal year vouchers setting forth an amount equal to
25% of the grants approved by the State Board for base
operating grants and equalization grants. The State Board
shall prepare and submit to the State Comptroller vouchers
for payments of other grants as appropriated by the General
Assembly. If the amount appropriated for grants is different
from the amount provided for such grants under this Act, the
grants shall be proportionately reduced or increased
accordingly.
For the purposes of this Section, "resident student"
means a student in a community college district who maintains
residency in that district or meets other residency
definitions established by the State Board, and who was
enrolled either in one of the approved instructional program
categories in that district, or in another community college
district to which the resident's district is paying tuition
under Section 6-2 or with which the resident's district has
entered into a cooperative agreement in lieu of such tuition.
For the purposes of this Section, a "full-time
equivalent" student is equal to 30 semester credit hours.
The Illinois Community College Board Contracts and Grants
Fund is hereby created in the State Treasury. Items of
income to this fund shall include any grants, awards,
endowments, or like proceeds, and where appropriate, other
funds made available through contracts with governmental,
public, and private agencies or persons. The General
Assembly shall from time to time make appropriations payable
from such fund for the support, improvement, and expenses of
the State Board and Illinois community college districts.
(Source: P.A. 89-141, eff. 7-14-95; 89-281, eff. 8-10-95;
89-473, eff. 6-18-96; 89-626, eff. 8-9-96; 90-468, eff.
8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97; 90-587,
eff. 8-7-98 (contingent upon 90-720); 90-655, eff. 7-30-98;
90-720, eff. 8-7-98.)
(110 ILCS 805/2-20 new)
Sec. 2-20. Deferred maintenance grants. For fiscal year
2004 only, the State Board shall award a deferred maintenance
grant only to a district to which Article VII of this Act
applies, for that district's general purposes. This grant
shall be awarded under a formula determined by the State
Board.
Section 10-20. The Higher Education Student Assistance
Act is amended by changing Section 52 as follows:
(110 ILCS 947/52)
Sec. 52. Illinois Future Teacher Corps ITEACH Teacher
Shortage Scholarship Program.
(a) In order to encourage academically talented Illinois
students, especially minority students, to pursue teaching
careers, especially in teacher shortage disciplines (which
shall be defined to include early childhood education) or at
hard-to-staff schools (as defined by the Commission in
consultation with the State Board of Education), the
Commission shall, each year, receive and consider
applications for scholarship assistance under this Section.
An applicant is eligible for a scholarship under this Section
when the Commission finds that the applicant is:
(1) a United States citizen or eligible noncitizen;
(2) a resident of Illinois;
(3) a high school graduate or a person who has
received a General Educational Development Certificate;
(4) enrolled or accepted for enrollment at or above
the junior level, on at least a half-time basis, at an
Illinois institution of higher learning; and
(5) pursuing a postsecondary course of study
leading to initial certification in a teacher shortage
discipline or pursuing additional course work needed to
gain State Board of Education approval to teach,
including alternative teacher certification, in an
approved specialized area in which a teacher shortage
exists.
(b) Recipients shall be selected from among applicants
qualified pursuant to subsection (a) based on a combination
of the following criteria as set forth by the Commission: (1)
academic excellence; (2) status as a minority student as
defined in Section 50; and (3) financial need. Preference
may be given to previous recipients of assistance under this
Section, provided they continue to maintain eligibility and
maintain satisfactory academic progress as determined by the
institution of higher learning at which they enroll.
Preference may also be given to qualified applicants enrolled
at or above the junior level.
(c) Each scholarship awarded under this Section shall be
in an amount sufficient to pay the tuition and fees and room
and board costs of the Illinois institution of higher
learning at which the recipient is enrolled, up to an annual
maximum of $5,000; except that in the case of a recipient who
does not reside on-campus at the institution of higher
learning at which he or she is enrolled, the amount of the
scholarship shall be sufficient to pay tuition and fee
expenses and a commuter allowance, up to an annual maximum of
$5,000. For recipients who agree to teach in a teacher
shortage discipline or at a hard-to-staff school under
subsection (i) of this Section, the Commission may, by rule
and subject to appropriation, increase the annual maximum
amount to $10,000. If a recipient agrees to teach in both a
teacher shortage discipline and at a hard-to-staff school
under subsection (i) of this Section, the Commission may
increase the amount of the scholarship awarded by up to an
additional $5,000.
(d) The total amount of scholarship assistance awarded
by the Commission under this Section to an individual in any
given fiscal year, when added to other financial assistance
awarded to that individual for that year, shall not exceed
the cost of attendance at the institution of higher learning
at which the student is enrolled.
(e) A recipient may receive up to 4 8 semesters or 6 12
quarters of scholarship assistance under this Section.
(f) All applications for scholarship assistance to be
awarded under this Section shall be made to the Commission in
a form as set forth by the Commission. The form of
application and the information required to be set forth
therein shall be determined by the Commission, and the
Commission shall require eligible applicants to submit with
their applications such supporting documents as the
Commission deems necessary.
(g) Subject to a separate appropriation made for such
purposes, payment of any scholarship awarded under this
Section shall be determined by the Commission. There shall be
a separate appropriation made for scholarships awarded to
recipients who agree to teach in a teacher shortage
discipline or at a hard-to-staff school under subsection (i)
of this Section. The Commission may use for scholarship
assistance under this Section (i) all funds appropriated for
scholarships under this Section that were formerly known as
ITEACH Teacher Shortage Scholarships and (ii) all funds
appropriated for scholarships under Section 65.65 of this Act
(repealed by this amendatory Act of the 93rd General
Assembly), formerly known as Illinois Future Teacher Corps
Scholarships.
All scholarship funds distributed in accordance with this
Section shall be paid to the institution on behalf of the
recipients. Scholarship funds are applicable toward 2
semesters or 3 quarters of enrollment within an academic
year.
(h) The Commission shall administer the ITEACH Teacher
Shortage scholarship program established by this Section and
shall make all necessary and proper rules not inconsistent
with this Section for its effective implementation.
(i) Prior to receiving scholarship assistance for any
academic year, each recipient of a scholarship awarded under
this Section shall be required by the Commission to sign an
agreement under which the recipient pledges that, within the
one-year period following the termination of the academic
program for which the recipient was awarded a scholarship,
the recipient: (i) shall begin teaching in a teacher shortage
discipline for a period of not less than 5 years one year for
each year of scholarship assistance awarded under this
Section, (ii) shall fulfill this teaching obligation at a
nonprofit Illinois public, private, or parochial preschool or
an Illinois public elementary or secondary school, and (iii)
shall, upon request of the Commission, provide the Commission
with evidence that he or she is fulfilling or has fulfilled
the terms of the teaching agreement provided for in this
subsection.
(j) If a recipient of a scholarship awarded under this
Section fails to fulfill the teaching obligation set forth in
subsection (i) of this Section, the Commission shall require
the recipient to repay the amount of the scholarships
received, prorated according to the fraction of the teaching
obligation not completed, plus interest at a rate of 5% and
if applicable, reasonable collection fees. The Commission is
authorized to establish rules relating to its collection
activities for repayment of scholarships under this Section.
Payments received by the Commission under this subsection (j)
shall be remitted to the State Comptroller for deposit into
the General Revenue Fund, except that that portion of a
recipient's repayment that equals the amount in expenses that
the Commission has reasonably incurred in attempting
collection from that recipient shall be remitted to the State
Comptroller for deposit into the Commission's Accounts
Receivable Fund.
(k) A recipient of a scholarship awarded by the
Commission under this Section shall not be in violation of
the agreement entered into pursuant to subsection (i) if the
recipient (i) enrolls on a full-time basis as a graduate
student in a course of study related to the field of teaching
at an institution of higher learning; (ii) is serving as a
member of the armed services of the United States; (iii) is
temporarily totally disabled, as established by sworn
affidavit of a qualified physician; or (iv) is seeking and
unable to find full-time employment as a teacher at a school
that satisfies the criteria set forth in subsection (i) and
is able to provide evidence of that fact. Any such extension
of the period during which the teaching requirement must be
fulfilled shall be subject to limitations of duration as
established by the Commission.
(Source: P.A. 91-670, eff. 12-22-99; 92-845, eff. 1-1-03.)
Section 10-25. The Illinois Vehicle Code is amended by
changing Section 3-648 as follows:
(625 ILCS 5/3-648)
Sec. 3-648. Education license plates.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary, may issue special
registration plates designated as Education license plates.
The special plates issued under this Section shall be affixed
only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000
pounds. Plates issued under this Section shall expire
according to the multi-year procedure established by Section
3-414.1 of this Code.
(b) The design and color of the plates shall be
determined by a contest that every elementary school pupil in
the State of Illinois is eligible to enter. The designs
submitted for the contest shall be judged on September 30,
2002, and the winning design shall be selected by a committee
composed of the Secretary, the Director of State Police, 2
members of the Senate, one member chosen by the President of
the Senate and one member chosen by the Senate Minority
Leader, and 2 members of the House of Representatives, one
member chosen by the Speaker of the House and one member
chosen by the House Minority Leader. The Secretary may allow
the plates to be issued as vanity or personalized plates
under Section 3-405.1 of the Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412
of this Code.
(c) An applicant for the special plate shall be charged
a $40 fee for original issuance, in addition to the
appropriate registration fee. Of this $40 additional original
issuance fee, $15 shall be deposited into the Secretary of
State Special License Plate Fund, to be used by the Secretary
to help defray the administrative processing costs, and $25
shall be deposited into the Illinois Future Teacher Corps
Scholarship Fund. For each registration renewal period, a
$40 fee, in addition to the appropriate registration fee,
shall be charged. Of this $40 additional renewal fee, $2
shall be deposited into the Secretary of State Special
License Plate Fund and $38 shall be deposited into the
Illinois Future Teacher Corps Scholarship Fund. Each fiscal
year, once deposits from the additional original issuance and
renewal fees into the Secretary of State Special License
Plate Fund have reached $500,000, all the amounts received
for the additional fees for the balance of the fiscal year
shall be deposited into the Illinois Future Teacher Corps
Scholarship Fund.
(d) The Illinois Future Teacher Corps Scholarship Fund
is created as a special fund in the State treasury.
Ninety-five percent of the moneys in the Illinois Future
Teacher Corps Scholarship Fund shall be appropriated to the
Illinois Student Assistance Commission for scholarships under
Section 52 or 65.65 of the Higher Education Student
Assistance Act, and 5% of the moneys in the Illinois Future
Teacher Corps Scholarship Fund shall be appropriated to the
State Board of Education for grants to the Golden Apple
Foundation for Excellence in Teaching, a recognized
charitable organization that meets the requirements of Title
26, Section 501(c)(3) of the United States Code.
(Source: P.A. 92-445, eff. 8-17-01; 92-651, eff. 7-11-02;
92-845, eff. 1-1-03.)
(110 ILCS 947/65.65 rep.)
Section 10-30. The Higher Education Student Assistance
Act is amended by repealing Section 65.65.
Article 99
Section 99-99. Effective date. This Act takes effect on
July 1, 2003.