HB0828ham001 99TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 5/23/2016

09900HB0828ham001 LRB099 04648 MLM 49099 a

AMENDMENT TO HOUSE BILL 828

AMENDMENT NO. ______. Amend House Bill 828 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 18-8.05 and by adding Section 18-8.15 as follows:

(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 through the 2016-2017 and subsequent school years.

(A) General Provisions.

(1) The provisions of this Section apply to the 1998-1999 through the 2016-2017 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 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. For the 2001-2002 school year and 2002-2003 school year, the Foundation Level of support is $4,560. For the 2003-2004 school year, the Foundation Level of support is $4,810. For the 2004-2005 school year, the Foundation Level of support is $4,964. For the 2005-2006 school year, the Foundation Level of support is $5,164. For the 2006-2007 school year, the Foundation Level of support is $5,334. For the 2007-2008 school year, the Foundation Level of support is $5,734. For the 2008-2009 school year, the Foundation Level of support is $5,959.

(3) For the 2009-2010 school year and each school year thereafter, the Foundation Level of support is $6,119 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. Calculation of Available Local Resources shall exclude any tax amnesty funds received as a result of Public Act 93-26.

(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.

For partial elementary unit districts created pursuant to Article 11E of this Code, local property tax revenues per pupil shall be calculated as the product of the equalized assessed valuation for property within the partial elementary unit district for elementary purposes, as defined in Article 11E of this Code, multiplied by 2.06% and divided by the district's Average Daily Attendance figure, plus the product of the equalized assessed valuation for property within the partial elementary unit district for high school purposes, as defined in Article 11E of this Code, multiplied by 0.94% 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 one year 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 pupils through verified participation in an e-learning program approved by the State Board of Education under Section 10-20.56 of the Code shall be considered as full days of attendance for purposes of this Section.

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) (Blank).

(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, provided a district conducts an in-service training program for teachers in accordance with Section 10-22.39 of this Code; 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 required for a legal school calendar pursuant to Section 10-19 of this Code; (1.5) when, of the 5 days allowed under item (1), a maximum of 4 days are used for parent-teacher conferences, or, in lieu of 4 such days, 2 full days are used, in which case each such day may be counted as a calendar day required under Section 10-19 of this Code, provided that the full-day, parent-teacher conference consists of (i) a minimum of 5 clock hours of parent-teacher conferences, (ii) both a minimum of 2 clock hours of parent-teacher conferences held in the evening following a full day of student attendance, as specified in subsection (F)(1)(c), and a minimum of 3 clock hours of parent-teacher conferences held on the day immediately following evening parent-teacher conferences, or (iii) multiple parent-teacher conferences held in the evenings following full days of student attendance, as specified in subsection (F)(1)(c), in which the time used for the parent-teacher conferences is equivalent to a minimum of 5 clock hours; and (2) when days in addition to those provided in items (1) and (1.5) 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.

(i) On the days when the assessment that includes a college and career ready determination is administered under subsection (c) of Section 2-3.64a-5 of this Code, the day of attendance for a pupil whose school day must be shortened to accommodate required testing procedures may be less than 5 clock hours and shall be counted towards the 176 days of actual pupil attendance required under Section 10-19 of this Code, provided that a sufficient number of minutes of school work in excess of 5 clock hours are first completed on other school days to compensate for the loss of school work on the examination days.

(j) Pupils enrolled in a remote educational program established under Section 10-29 of this Code may be counted on the basis of one-fifth day of attendance for every clock hour of instruction attended in the remote educational program, provided that, in any month, the school district may not claim for a student enrolled in a remote educational program more days of attendance than the maximum number of days of attendance the district can claim (i) for students enrolled in a building holding year-round classes if the student is classified as participating in the remote educational program on a year-round schedule or (ii) for students enrolled in a building not holding year-round classes if the student is not classified as participating in the remote educational program on a year-round schedule.

(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.

The Department of Revenue shall add to the equalized assessed value of all taxable property of each school district situated entirely or partially within a county that is or was subject to the provisions of Section 15-176 or 15-177 of the Property Tax Code (a) an amount equal to the total amount by which the homestead exemption allowed under Section 15-176 or 15-177 of the Property Tax Code for real property situated in that school district exceeds the total amount that would have been allowed in that school district if the maximum reduction under Section 15-176 was (i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003 or (ii) $5,000 in all counties in tax year 2004 and thereafter and (b) an amount equal to the aggregate amount for the taxable year of all additional exemptions under Section 15-175 of the Property Tax Code for owners with a household income of $30,000 or less. The county clerk of any county that is or was subject to the provisions of Section 15-176 or 15-177 of the Property Tax Code shall annually calculate and certify to the Department of Revenue for each school district all homestead exemption amounts under Section 15-176 or 15-177 of the Property Tax Code and all amounts of additional exemptions under Section 15-175 of the Property Tax Code for owners with a household income of $30,000 or less. It is the intent of this paragraph that if the general homestead exemption for a parcel of property is determined under Section 15-176 or 15-177 of the Property Tax Code rather than Section 15-175, then the calculation of Available Local Resources shall not be affected by the difference, if any, between the amount of the general homestead exemption allowed for that parcel of property under Section 15-176 or 15-177 of the Property Tax Code and the amount that would have been allowed had the general homestead exemption for that parcel of property been determined under Section 15-175 of the Property Tax Code. It is further the intent of this paragraph that if additional exemptions are allowed under Section 15-175 of the Property Tax Code for owners with a household income of less than $30,000, then the calculation of Available Local Resources shall not be affected by the difference, if any, because of those additional exemptions.

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. Except as otherwise provided in this paragraph for a school district that has approved or does approve an increase in its limiting rate, 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). For the 2009-2010 school year and each school year thereafter, if a school district has approved or does approve an increase in its limiting rate, pursuant to Section 18-190 of the Property Tax Code, affecting the Base Tax Year, the Extension Limitation Equalized Assessed Valuation of the 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 times an amount equal to one plus the percentage increase, if any, in the Consumer Price Index for all Urban Consumers for all items published by the United States Department of Labor for the 12-month calendar year preceding the Base Tax Year, plus the Equalized Assessed Valuation of new property, annexed property, and recovered tax increment value and minus the Equalized Assessed Valuation of disconnected property. New property and recovered tax increment value shall have the meanings set forth in the Property Tax Extension Limitation Law.

Partial elementary unit districts created in accordance with Article 11E of this Code shall not be eligible for the adjustment in this subsection (G)(3) until the fifth year following the effective date of the reorganization.

(3.5) For the 2010-2011 school year and each school year thereafter, if a school district's boundaries span multiple counties, then the Department of Revenue shall send to the State Board of Education, for the purpose of calculating general State aid, the limiting rate and individual rates by purpose for the county that contains the majority of the school district's Equalized Assessed Valuation.

(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.

(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 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, the Children's Health Insurance Program, 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:

(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 and each school year thereafter through the 2008-2009 school year only, the grant shall be no less than the grant for the 2002-2003 school year. For the 2009-2010 school year only, the grant shall be no less than the grant for the 2002-2003 school year multiplied by 0.66. For the 2010-2011 school year only, the grant shall be no less than the grant for the 2002-2003 school year multiplied by 0.33. Notwithstanding the provisions of this paragraph to the contrary, if for any school year supplemental general State aid grants are prorated as provided in paragraph (1) of this subsection (H), then the grants under this paragraph shall be prorated.

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) (Blank).

(J) (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.

(P) Public Act 93-838 and Public Act 93-808 make inconsistent changes to this Section. Under Section 6 of the Statute on Statutes there is an irreconcilable conflict between Public Act 93-808 and Public Act 93-838. Public Act 93-838, being the last acted upon, is controlling. The text of Public Act 93-838 is the law regardless of the text of Public Act 93-808.

(Q) State Fiscal Year 2015 Payments.

For payments made for State fiscal year 2015, the State Board of Education shall, for each school district, calculate that district's pro-rata share of a minimum sum of $13,600,000 or additional amounts as needed from the total net General State Aid funding as calculated under this Section that shall be deemed attributable to the provision of special educational facilities and services, as defined in Section 14-1.08 of this Code, in a manner that ensures compliance with maintenance of State financial support requirements under the federal Individuals with Disabilities Education Act. Each school district must use such funds only for the provision of special educational facilities and services, as defined in Section 14-1.08 of this Code, and must comply with any expenditure verification procedures adopted by the State Board of Education.

(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194, eff. 7-30-15.)

(105 ILCS 5/18-8.15 new)

Sec. 18-8.15. Evidence-based funding for student success for the 2017-2018 and subsequent school years.

(a) The purpose of this Section is to ensure that, by June 30, 2027, this State has a kindergarten through grade 12 public education system with the capacity to ensure the educational development of all persons to the limits of their capacities in accordance with Section 1 of Article 10 of the Constitution of the State of Illinois. To accomplish that objective, this Section creates a method of funding public education that is evidence-based; is sufficient to ensure every student receives a meaningful opportunity to learn irrespective of race, ethnicity, sexual orientation, gender, or community-income level; and is sustainable and predictable. When fully funded under this Section, every school shall have the resources, based on what the evidence indicates is needed, to:

(1) provide all students with a high quality education that offers the academic, enrichment, social and emotional support, technical, and vocational programs that will allow them to become competitive workers, responsible parents, productive citizens of this State, and active members of our national democracy;

(2) ensure all students receive the education they need to graduate from high school with the skills required to pursue post-secondary education or training or a career;

(3) reduce, with a goal of eliminating, the achievement gap between high-performing and low-performing students by raising the performance of at-risk students and not by reducing standards; and

(4) ensure this State satisfies its obligation to assume the primary responsibility to fund public education and simultaneously relieve the disproportionate burden placed on local property taxes to fund schools.

(b) For purposes of this Section:

"Assessments" means those benchmark, progress monitoring, formative, diagnostic, and other assessments, in addition to the State accountability assessment, that assist teachers' needs in understanding the skills and meeting the needs of the students they serve.

"Assistant principal" means a school administrator duly endorsed to be employed as an assistant principal in this State.

"At-risk student" means a student who is at risk of not meeting the Illinois Learning Standards or not graduating from elementary or high school and who demonstrates a need for vocational support or social services beyond that provided by the regular school program. All students included in an organizational unit's Low-Income Count, as well as all EL and disabled students attending the organizational unit, shall be considered at-risk students under this Section.

"Average Student Enrollment" or "ASE" means, for an organizational unit in a given school year, the greater of the total students shown as enrolled in the organizational unit on the State Board of Education's fall and spring enrollment counts in the immediately preceding school year or the average number of students shown as enrolled in the organizational unit on the State Board's fall and spring enrollment counts for the immediately preceding 3 school years.

"Base Adequacy Level" means, for each organizational unit, that amount of total educational funding determined in accordance with paragraph (2) of subsection (c) of this Section, which amount is predicated on both the number and characteristics of the students who attend the organizational unit and the evidence-based educational factors required to meet the learning needs of such students.

"Central office" means individual administrators and support service personnel charged with managing the instructional programs, business and operations, and security of the school district in which an organizational unit is situated.

"Comparable Wage Index" or "CWI" means the regional cost differentiation metric initially developed by the National Center for Education Statistics, as most recently updated in 2013, by Texas A & M University. The CWI utilized under this Section shall, for the first 3 years following the effective date of this Section, be determined as provided in the Texas A & M University study. The CWI for each organizational unit shall be determined by comparing the index for the region and counties in which the organizational unit is located against the median index in this State, where the median value is set at 1.0. Thereafter, the State Board shall re-determine the CWI using a similar methodology to that identified in the Texas A & M University study, no less frequently than once every 5 years.

"Computer technology and equipment" means computers, servers, notebooks, network equipment, copiers, printers, instructional software, security software, curriculum management courseware, and other materials identified by the State Board of Education.

"Core subject" means mathematics; science; reading, English, writing, and language arts; history and social studies; world languages; and subjects taught as Advanced Placement in high schools.

"Core teacher" means a regular classroom teacher in elementary schools and teachers of a core subject in middle and high schools.

"EAV" means equalized assessed valuation.

"Employee benefits" means health, dental, and vision insurance offered to employees of an organizational unit, the costs associated with statutorily required payment of the normal cost of the organizational unit's teacher pensions, Social Security employer contributions, and Illinois Municipal Retirement Fund employer contributions.

"English learner" or "EL" means the greater of the prior school year or the 3-year average of students in grades K through 12 whose native tongue is a language other than English and who have not obtained an overall composite proficiency level of 5.0, a reading proficiency level of 4.2, and a writing proficiency level of 4.2 on the prior year ACCESS test or an equivalent assessment for EL students.

"Extended day" means academic and enrichment programs provided to students outside the regular school day before and after school or during non-instructional times during the school day.

"Full-time equivalent" or "FTE" means the full-time equivalency compensation for staffing the relevant position at an organizational unit, computed in accordance with guidelines prescribed by the State Board.

"Guidance counselor" means a licensed guidance counselor who provides support for all students within an organizational unit.

"Instructional facilitator" means a qualified teacher or licensed teacher leader who facilitates and coaches continuous improvement in classroom instruction; provides instructional support to teachers in the elements of research-based instruction or demonstrates the alignment of instruction with curriculum standards and assessments tools; develops or coordinates instructional programs or strategies; develops and implements training; chooses standards-based instructional materials; provides teachers with an understanding of current research; serves as a mentor, site coach, curriculum specialist, or lead teacher; or otherwise works with fellow teachers, in collaboration, to use data to improve instructional practice or develop model lessons.

"Instructional materials" means relevant instructional materials for student instruction, including, but not limited to, textbooks, consumable workbooks, laboratory equipment, library books, and other materials identified by the State Board of Education.

"Intervention teacher (tutor)" means a licensed teacher providing one-on-one or small group tutoring to students struggling to meet proficiency in core subjects.

"Librarian" means a teacher with an endorsement as a school librarian.

"Local Capacity Ratio" means, for an organizational unit in a given school year, the normal curve equivalent percentage based on the calculation method in paragraph (4) of subsection (c) of this Section, which must never be higher than 90%.

"Local Capacity Target" means, for an organizational unit, that dollar amount that is obtained by multiplying the Base Adequacy Level of the organizational unit by the Local Capacity Ratio for the organizational unit.

"Low-Income Count" means, for an organizational unit in a fiscal year, the higher of the average number of students attending the organizational unit over the prior school year or the immediately preceding 3 school years who, according to the Department of Human Services, at any time over such prior 3-year period were eligible for at least one of the following low-income programs or any successor thereto established under federal law: Medicaid; the Children's Health Insurance Program; Temporary Assistance for Needy Families; or the Supplemental Nutrition Assistance Program.

"Maintenance and operations" means functions such as, but not limited to, custodial services, facility and ground maintenance, facility operations, facility security, and routine facility repairs.

"Net State Contribution" means the aggregate amount of kindergarten through grade 12 education funding an organizational unit would receive from this State annually under this Section if fully funded, as determined under paragraph (4) of subsection (c) of this Section. Per pupil, "Net State Contribution" means the Net State Contribution to an organizational unit for a school year, divided by the applicable ASE of the organizational unit for the school year.

"Nurse" means an individual licensed as a school nurse, registered nurse, or licensed practical nurse in this State, in accordance with the rules established for nursing services regulated by the State Board of Education, who is an employee of and is available to provide health care-related services for all students of an organizational unit.

"Organizational unit" means any public school district that is recognized as such by the State Board of Education and that contains elementary schools typically serving kindergarten through 5th grades, middle schools typically serving 6th through 8th grades, or high schools typically serving 9th through 12th grades. The General Assembly acknowledges that the actual grade levels served by a particular organizational unit may vary slightly from what is typical. "Organizational unit" specifically includes laboratory schools operated in accordance with subsection (K) of Section 18-8.05 of this Code, but does not include exempted schools. For the purposes of this definition, "exempted schools" means schools that are classified as STEM (science, technology, engineering, and mathematics) or post-secondary enrollment options. Exempted schools are not funded under this Section.

"Principal" means a school administrator duly endorsed to be employed as a principal in this State.

"Professional development" means training programs for licensed staff in schools, including, but not limited to, programs that assist in implementing new curriculum programs, provide data focused or academic assessment data training to help staff identify a student's weaknesses and strengths, target interventions, improve instruction, encompass instructional strategies for EL, gifted, or at-risk students, address inclusivity, cultural sensitivity, or implicit bias, or otherwise provide professional support for licensed staff in areas identified by the State Board of Education.

"Prototypical" means 450 students for an elementary school, 450 students for a middle school, and 600 students for a high school.

"Pupil support staff" means a nurse, psychologist, social worker, family liaison personnel, or other staff member who provides support to at-risk or struggling students.

"School site staff" means the primary school secretary and any additional clerical personnel assigned to the school under the funding matrices set forth in this Section.

"Special education" means programs for students with moderate disabilities categorized comparably as either high-incidence or low-cost. Special education services for students may be in self-contained classrooms or as part of the regular education classroom.

"Specialist teacher" means a teacher who provides instruction in subject areas not included in core subjects, including, but not limited to, art, music, physical education, health, driver education, career-technical education, and such other subject areas as may be mandated by State law or identified by the State Board of Education from time to time.

"State Board" means the State Board of Education.

"Student activities" means non-credit producing after-school programs, including, but not limited to, clubs, bands, sports, and other activities established by the school board of the organizational unit.

"Substitute teacher" means an individual teacher or teaching assistant who is employed by an organizational unit and is temporarily serving the organizational unit on a per diem or per period-assignment basis replacing another staff member.

"Summer school" means academic and enrichment programs provided to students during the summer months outside of the regular school year.

"Supervisory aide" means a non-licensed staff member who helps in supervising students of an organizational unit, but does so outside of the classroom, in situations such as, but not limited to, monitoring hallways and playgrounds, supervising lunchrooms, or supervising students when being transported in buses serving the organizational unit.

"Winsorization" means the transformation of statistics by limiting extreme values in the statistical data to reduce the effect of possible outliers. In the determination of the Local Capacity Index, this is used when calculating the mean and standard deviation of statewide EAV to adequacy ratios. The winsorization is set at the 10th percentile and the 90th percentile.

(c) The Evidence-Based Model under this Section shall be applied to all non-exempted organizational units in this State. The Evidence-Based Model uses academic research to identify the resources and educational programs that are necessary to improve student success, improve academic performance, and close achievement gaps. The Evidence-Based Model reflects a research-based consensus on what constitutes best practices and reflects strategies found in schools that have achieved success in raising the academic achievement of students. When fully funded, the Evidence-Based Model ensures all schools have the resources necessary to enable all students the opportunity to achieve the proficiency standards established by this State.

(1) The annual investment needed to provide an adequate education to all students who attend an organizational unit in this State shall be the aggregate dollar value obtained by adding the funding amounts applicable to all organizational units as identified in paragraph (2) of this subsection (c), as those factors relate to the student composition and ASE of all organizational units. By utilizing this research-based approach, State education funding when this Section is fully funded shall be adequate and equitable; shall not be dependent on where students reside; shall be based on the cost of those educational practices that the evidence indicates have a statistically meaningful correlation to enhancing student achievement over time; and shall include such other necessary costs associated with the operation of a school or the education of children, such as, but not limited to, operational and maintenance costs, that are naturally incident thereto.

(2) The Base Adequacy Level for each organizational unit for a school year shall be the aggregate dollar value obtained by adding the funding amounts applicable to the organizational unit for the school year, as determined in accordance with the following:

(A) Core class size investments. Each organizational unit shall receive the funding required to support that number of FTE core teacher positions as is needed to keep the respective class sizes of the organizational unit to a maximum of 15 students each for grades kindergarten through 3 and 25 students each for grades 4 through 12. The number of FTE core teacher positions shall be determined by dividing the ASE of the organizational unit for grades kindergarten through 3 by 15 and grades 4 through 12 by 25.

(B) Specialist teacher investments. Each organizational unit shall receive the funding needed to cover that number of FTE specialist teacher positions that correspond to the following percentages:

(i) if the organizational unit operates an elementary or middle school, then 20% of the number of the organizational unit's core teachers as determined under subdivision (A) of this paragraph (2); and

(ii) if such organizational unit operates a high school, then 33 1/3% of the number of the organizational unit's core teachers.

(C) Instructional facilitator investments. Each organizational unit shall receive the funding needed to cover one FTE instructional facilitator position for every 200 students attending the organizational unit.

(D) Core intervention teacher (tutor) investments. Each organizational unit shall receive the funding needed to cover one FTE teacher position for each prototypical elementary, middle, and high school. Additional FTE teacher positions shall be pro-rata funded based on ASE in excess of the ASE for each prototypical school.

(E) Substitute teacher investments. Each organizational unit shall receive the funding needed to cover substitute teacher costs that is equal to 5% of the aggregate required teaching days of full-time equivalent core, specialist, and intervention teachers, school nurses, special education teachers and aides, instructional facilitators, and summer school and extended-day teacher positions, as determined under this paragraph (2), at a salary rate of 33.3% of the average salary for each teacher position and 33.33% of the average salary of each instructional assistant position.

(F) Core guidance counselor investments. Each organizational unit shall receive the funding needed to cover one FTE guidance counselor for each 450 ASE elementary students, plus one FTE guidance counselor for each 250 ASE middle school students, plus one FTE guidance counselor for each 250 ASE high school students.

(G) Nurse investments. Each organizational unit shall receive the funding needed to cover one FTE nurse for each 750 ASE across all grade levels it serves.

(H) Supervisory aide investments. Each organizational unit shall receive the funding needed to cover one FTE for each 225 ASE elementary students, plus one FTE for each 225 ASE middle school students, plus one FTE for each 200 ASE high school students.

(I) Librarian investments. Each organizational unit shall receive the funding needed to cover one FTE librarian and one FTE aide or media technician for every 300 ASE.

(J) Principal investments. Each organizational unit shall receive the funding needed to cover one FTE principal position for each prototypical elementary school, plus one FTE principal position for each prototypical middle school, plus one FTE principal position for each prototypical high school. Additional FTE principal positions shall be pro-rata funded based on ASE in excess of the ASE for each prototypical school.

(K) Assistant principal investments. Each organizational unit shall receive the funding needed to cover one FTE assistant principal position for each prototypical elementary school, plus one FTE assistant principal position for each prototypical middle school, plus one FTE assistant principal position for each prototypical high school.

(L) School site staff investments. Each organizational unit shall receive the funding needed to cover one FTE position for each 225 ASE elementary students, plus one FTE position for each 225 ASE middle school students, plus one FTE position for each 200 ASE high school students.

(M) Gifted investments. Each organizational unit shall receive $40 per ASE.

(N) Professional development investments. Each organizational unit shall receive $125 per ASE student for trainers and other professional development-related expenses for supplies and materials.

(O) Instructional material investments. Each organizational unit shall receive $190 per ASE student to cover instructional material costs.

(P) Assessment investments. Each organizational unit shall receive $25 per ASE student to cover assessment costs.

(Q) Computer technology and equipment investments. Each organizational unit shall receive $571 per ASE student to cover computer technology and equipment costs.

(R) Student activities investments. Each organizational unit shall receive the following funding amounts to cover student activities: $100 per ASE student in elementary school, plus $200 per ASE student in middle school, plus $675 per ASE student in high school.

(S) Maintenance and operations investments. Each organizational unit shall receive $1,038 per ASE student for day-to-day maintenance and operations expenditures, including salary, supplies, and materials, as well as purchased services, but excluding employee benefits.

(T) Central office investments. Each organizational unit shall receive $742 per ASE student to cover central office operations, including administrators and classified personnel charged with managing the instructional programs, business and operations of the school district, and security personnel.

(U) Employee benefit investments. Each organizational unit shall receive 30% of its total payroll, excluding substitute teachers and student activities investments, to cover benefit costs. For central office and maintenance and operations investments, the benefit calculation shall be based upon the salary component of each investment. For central office, the proportion of salary is equal to $368.48 and for maintenance and operations, the proportion of salary is equal to $352.92. If at any time the responsibility for funding the employer's normal cost of teacher pensions is assigned to school districts, then that percentage shall be increased to account therefor. Because City of Chicago School District 299 already has such responsibility, City of Chicago School District 299 shall receive the percentage of its total payroll that is statutorily required to cover employee annual normal costs in addition to the 30% specified in this subdivision (U).

(V) Additional investments in low-income students. In addition to and not in lieu of all other funding under this paragraph (2), each organizational unit shall receive funding based on the average teacher salary for grades K through 12 to cover the costs of:

(i) one FTE intervention teacher (tutor) position for every 125 Low-Income Count students;

(ii) one FTE pupil support staff position for every 125 Low-Income Count students;

(iii) one FTE extended day teacher position for every 120 Low-Income Count students; and

(iv) one FTE summer school teacher position for every 120 Low-Income Count students.

(W) Additional investments in EL students. In addition to and not in lieu of all other funding under this paragraph (2), each organizational unit shall receive funding based on the average teacher salary for grades K through 12 to cover the costs of:

(i) one FTE intervention teacher (tutor) position for every 125 EL students;

(ii) one FTE pupil support staff position for every 125 EL students;

(iii) one FTE extended day teacher position for every 120 EL students;

(iv) one FTE summer school teacher position for every 120 EL students; and

(v) one FTE core teacher position for every 100 EL students.

(X) Special education investments. Each organizational unit shall receive funding to cover special education as follows:

(i) one FTE teacher position for every 141 ASE elementary, middle, and high school students;

(ii) one-half of one FTE teacher aide for every 141 ASE elementary, middle, and high school students;

(iii) one FTE psychologist position for every 1,000 ASE elementary, middle, and high school students.

(3) Average salaries and the Comparable Wage Index are as follows:

(A) Following are the average salaries to be utilized when determining the FTE costs for the relevant position. For purposes of this paragraph (3), "teacher" includes core teachers, specialist and elective teachers, instructional facilitators, tutors, EL teachers, extended-day teachers, and summer school teachers. Where specific grade data is not required under item (2) of subsection (c) of this Section, the average salary for corresponding positions shall apply.

(i) Teacher for grades K through 8, $60,578.

(ii) Teacher for grades 9 through 12, $67,565.

(iii) Teacher for grades K through 12, $64,072.

(iv) Guidance counselor for grades K through 8, $68,887.

(v) Guidance counselor for grades 9 through 12, $74,674.

(vi) Guidance counselor for grades K through 12, $71,781.

(vii) Social worker, $64,647.

(viii) Psychologist, $71,058.

(ix) Librarian or media technician, $68,919.

(x) Nurse, $56,139.

(xi) Principal, $104,135.

(xii) Assistant principal, $91,080.

(xiii) School secretary, $30,000.

(xiv) School clerical staff, $25,000.

(xv) Non-instructional assistant, $25,000.

(xvi) Substitute teacher, $118.64 per day.

(xvii) Substitute aide, $46.29 per day.

(B) Salaries for all school and district-level staffing categories set forth in subdivision (A) of this paragraph (3) shall be used for determining the Base Adequacy Level for organizational units for the first 5 school years following the effective date of this Section and are based upon average statewide salary levels for the 2015-2016 school year. The State Superintendent of Education shall adjust the statewide average salary for each staffing category at least once every 5 school years beginning with the 2022-2023 school year and continuing thereafter, and the adjusted salaries shall be the salaries utilized for determining Base Adequacy Levels of organizational units in the applicable succeeding school years. Each such redetermination shall include appropriate adjustments for each staffing category as reasonably determined by the State Superintendent.

Each year after the initial determination of salaries under subdivision (A) of this paragraph (3) and this subdivision (B), the then most current, annual Bureau of Labor Statistics' national Employment Cost Index for civilian workers in educational services in elementary and secondary schools shall be applied, on a cumulative basis, to the salary averages before using them to compute the applicable FTE position cost, except in years in which the State Superintendent recalibrates all such salaries, as provided in this subdivision (B).

(C) Before assigning any salary amount identified under subdivision (A) or (B) of this paragraph (3) for determining the Base Adequacy Level of an organizational unit, the State Superintendent of Education shall further adjust the salary amount for each staffing category by applying thereto the Comparable Wage Index for the organizational unit.

(4) An EAV to adequacy ratio is the primary input in determining the Local Capacity Target for each organizational unit. The steps for calculating the Local Capacity Target are as follows:

(A) An organizational unit's Local Capacity Ratio in a given year shall be the percentage obtained by dividing the organizational unit's EAV for such year, where the EAV shall be the average of the organizational unit's EAV over the immediately preceding 3 years or its EAV in the immediately preceding year if the EAV is 10% less than the 3-year average, by the organizational unit's Base Adequacy Level for the year, as determined under paragraph (3) of this subsection (c). In the event of organizational unit reorganization, consolidation, or annexation, the most current EAV shall be used in the first year, the average of a 2-year EAV for the second year, and a 3-year average EAV for the third year.

(B) The Local Capacity Ratio of an organizational unit determined under subdivision (A) of this paragraph (4) shall be adjusted to reflect the number of grades the organizational unit serves. For organizational units that serve grades kindergarten through 12 (unit districts), the Local Capacity Ratio shall be multiplied by one. For organizational units serving grades kindergarten through 8 (elementary districts), the Local Capacity Ratio shall be multiplied by 9/13. For organizational units serving grades 9 through 12 (high school districts), the Local Capacity Ratio shall be multiplied by 4/13. In the event a district or organizational unit has a different grade configuration, a comparable adjustment shall be made based on the grades served.

(C) The Local Capacity Ratio, as adjusted in item (B) of this paragraph (4), shall be used to determine a percentage of local capacity using standard normal distribution. To eliminate the effect of extreme values impacting the mean and standard deviation, the array of Local Capacity Ratios are winsorized based on 10%/90%. Each organizational unit's adjusted winsorized Local Capacity Ratio shall be converted to a normal curve equivalent score to determine each organizational unit's relative position to all other organizational units in this State. The normal curve equivalent score for each organizational unit shall be calculated using the standard normal distribution of the score in relation to the mean and adjusted winsorized Local Capacity Ratios of all organization units. Should the value assigned to any organizational unit be in excess of 90%, the value shall be adjusted to 90%.

(D) For such laboratory schools operated in accordance with subsection (K) of Section 18-8.05 of this Code, the Base Adequacy Level of each organizational unit shall be determined in accordance with paragraph (2) of this subsection (c). The Local Capacity Target shall be set at 10% in recognition of the absence of EAV and resources from the State university that are allocated to the laboratory school.

(5) The Net State Contribution Target for the amount of kindergarten through grade 12 funding to be paid by this State shall be the sum of the dollar amounts of the Base Adequacy Level for each organizational unit, reduced by the sum of the school district's Local Capacity Target for the school year, plus the district's corporate personal property replacement tax revenue received in the prior school year. No federal funding shall be considered when determining the Net State Contribution Target under paragraph (4) of this subsection (c). The Net State Contribution Target per pupil made by this State to an organizational unit in a given year shall mean the Net State Contribution Target for that year divided by the organizational unit's ASE in that year.

(6) If the initial Net State Contribution Target per pupil that would be made to a school district in the first fiscal year in which education funding is implemented in accordance with this Section would be less than the aggregate amount of per pupil kindergarten through grade 12 funding, including funding for general State aid, special education personnel, special education children, special education summer school, EL and bilingual education, and driver education, the district received from this State in the immediately preceding fiscal year (to be referred to as the Minimum Per Pupil Funding Level), then in the first and subsequent 4 school years of implementation of this Section, the school district shall receive an amount of education funding from this State equal to its then current ASE multiplied by the Minimum Per Pupil Funding Level.

(7) In the event that the General Assembly and the Governor decrease the amount of the appropriation for this Section in any fiscal year after implementation of this Section, the organizational units receiving Tier 1 and Tier 2 funding, as determined under paragraph (8) of this subsection (c), shall be held harmless by establishing a Base Funding Guarantee equal to the per pupil kindergarten through grade funding received in accordance with this Section in the prior fiscal year. Reduction shall be made to the Base Funding Minimum of organizational units in Tier 3 and Tier 4 on a per pupil basis equivalent to the total number of the ASE in Tier 3-funded and Tier 4-funded organizational units divided by the total reduction in State funding. The Base Funding Minimum as reduced shall continue to be applied to Tier 3 and Tier 4 organizational units and adjusted by the relative formula when increases in appropriations for this Section resume. In no event shall State funding reductions to organizational units in Tier 3 or Tier 4 exceed an amount that would be less than the Base Funding Minimum established in the first year of implementation of this Section. Should additional reductions be required, all school districts shall receive a reduction by a per pupil amount equal to the aggregate additional appropriation reduction divided by the total ASE of all organizational units.

(8) Equitable distribution of State appropriations for this Section that are in excess of the aggregate appropriations for general State aid, special education personnel, special education child funding, special education summer school, EL and bilingual education, and driver education for the prior fiscal year or funding for this Section in the prior fiscal year shall be established by the following formula:

(A) An organizational unit's Preliminary Resources are determined by summing the Local Capacity Target plus corporate personal property replacement taxes plus the Base Funding Minimum. An organizational unit's Preliminary Resource Ratio is the Preliminary Organizational Resources divided by the Base Adequacy Level.

(B) All organizational units shall be placed into one of 4 funding tiers, with the exception that all Tier 1 units are also included in Tier 2. Funding tiers are defined as follows:

(i) Tier 1: All organizational units with an organizational resource ratio of less than 0.60.

(ii) Tier 2: All organizational units with an organizational resource ratio of less than 0.90, including Tier 1 units.

(iii) Tier 3: All organizational units with an organizational resource ratio equal to or greater than 0.90 and less than 1.0.

(iv) Tier 4: All organizational units with an organizational resource ratio equal to or greater than 1.0.

(C) Annual additional appropriations to fund this Section in excess of prior fiscal year appropriations are applied to funding tiers as follows:

(i) 33% to Tier 1. Tier 1 funding shall be equal to the Tier 1 Funding Gap times the Tier 1 Funding Allocation Rate, where the Tier 1 Funding Allocation Rate is determined by the total amount of Tier 1 funding divided by the aggregate funding gap for all Tier 1 organizational units and where the Tier 1 Funding Gap equals (the Tier 1 Target Ratio (0.60) times the Base Adequacy Level minus Preliminary Resources). Should the Funding Allocation Rate be higher than 1.0, then the rate shall be adjusted to 1.0. In the event that all organizational units achieve the Tier 1 Target Ratio of 0.60, any remaining resources shall be allocated to Tier 2.

(ii) 66% to Tier 2. Tier 2 funding shall be distributed to all Tier 1 and Tier 2 organizational units using the following formula: the Tier 2 Funding Gap times the Tier 2 Allocation Rate, where the Tier 2 Funding Gap equals (the Tier 2 Target Ratio (0.90) times the Base Adequacy Level minus (Preliminary Resources plus Tier 1 Funding) minus the District Resource Ratio) times the Base Adequacy Level times (1.0 minus the Local Capacity Target percentage) and where the Tier 2 Allocation Rate is Tier 2 Available Funding divided by the Total Tier 2 and Tier 1 Funding Gap. Should the Allocation Rate be higher than 1.0, then the rate shall be adjusted to 1.0. Should the Tier 2 Funding Allocation Rate be adjusted to 1.0, resources shall be allocated to Tier 2 organizational units on a per pupil basis until all units achieve the Tier 2 Target Ratio of 0.90. In the event that all organizational units achieve the Tier 2 Target Ratio of 0.90, any remaining resources shall be allocated to Tier 3 and Tier 4.

(iii) 0.9% to Tier 3 or additional excess resources from Tier 2. Tier 3 funding shall be determined by multiplying a Tier 3 Allocation Rate by the Base Adequacy Level of each organizational unit, where the Tier 3 Allocation Rate is equal to Total Tier 3 Available Funding divided by the Total Tier 3 Adequacy Funding Target (the sum of all Base Adequacy Levels for all Tier 3 organizational units).

(iv) 0.1% to Tier 4. Tier 4 funding is based on a Tier 4 Allocation Rate that is equal to Total Tier 4 Available Funding divided by the Total Tier 4 Base Adequacy Level and times each organizational unit's Base Adequacy Level.

(D) Alternative schools, safe schools, special education cooperatives or entities recognized by the State Board of Education as special education cooperatives, vocational cooperatives or entities recognized by the State Board of Education as vocational cooperatives, State-approved charter schools, and alternative learning opportunities program funding entities that received general State aid or categorical funding in the year prior to the effective date of this amendatory Act of the 99th General Assembly shall be placed in Tier 3, and their Base Funding Minimum shall be defined as their Base Adequacy Level. Should any entities recognized by the State Board of Education secure future funding directly from organizational units, the Base Funding Minimum shall be transferred to the organizational unit based on the prior year ASE of the entity.

(d) All school districts in this State must submit annual spending plans by the end of September of each year to the State Board of Education as part of the annual budget process, which shall describe how each organizational unit will utilize funding it receives from this State under this Section. The State Superintendent of Education may, from time to time, identify the requisites for school districts to satisfy when compiling the annual spending plans required under this subsection (d).

No later than January 1, 2018, the State Superintendent of Education shall develop a 5-year strategic plan for all school districts to help in planning for adequacy funding under this Section. The State Superintendent shall submit the plan to the Governor and the General Assembly, as provided in Section 3.1 of the General Assembly Organization Act. The plan shall include recommendations for:

(1) a framework for collaborative, professional, innovative, and 21st century learning environments using the evidence-based funding model;

(2) ways to prepare and support this State's educators for successful instructional careers;

(3) application and enhancement of the current financial accountability measures and the Illinois Balanced Accountability Measures in relation to elements of the evidence-based funding model; and

(4) implementation of an effective school adequacy funding system based on projected and recommended funding levels from the General Assembly.

(e) The State Superintendent of Education shall calculate the Base Adequacy Level for each organizational unit and Net State Contribution Target for each school district under this Section. The State Superintendent shall also certify the actual amounts of the Net State Contribution Target payable for each eligible district based on the equitable distribution calculation to the district's treasurer, as soon as possible after such amounts are calculated, including any applicable adjusted charge-off increase. No moneys shall be distributed without the approval of the district's school board.

The State Board shall, in accordance with appropriations made by the General Assembly, meet the funding obligations created under this Section.

Annually, the State Board shall calculate and report to each school district the district's aggregate financial adequacy amount, which shall be the sum of the Base Adequacy Level for each organizational unit in the school district. The State Board shall calculate and report separately for each school district the district's total State funds allocated for its students with disabilities. The State Board shall calculate and report separately for each school district the amount of funding and applicable FTE calculated for each factor of the district's Base Adequacy Level amount under paragraph (2) of subsection (c) this Section.

Moneys distributed under this Section shall be calculated on a school year basis, but paid on a fiscal year basis, with payments beginning in August and extending through June. Unless otherwise provided, the moneys appropriated for each fiscal year shall be distributed in 22 equal payments at least 2 times monthly to each school district. The State Board shall publish a yearly distribution schedule at its meeting in June. If moneys appropriated for any fiscal year are distributed other than monthly, the distribution shall be on the same basis for each school district.

School districts with average daily attendance above their ASE in a school year shall be reviewed by the State Board. School districts shall report to the State Board each fall and spring the students housed by the serving school. The fall official counts shall reflect students enrolled in the district on the 20th day of the school year and reported to the State Board's Student Information System no later than October 15th. The spring official counts shall reflect students enrolled in the district on the first Friday in March and reported to State Board's Student Information System no later than April 20th.

(f) A Professional Judgment Panel is created to support the State Board's implementation of this Section and oversee continual recalibration and future study topics. The Panel shall be appointed by the State Superintendent of Education, except as otherwise provided in this subsection (f), supported by State Board personnel, and comprised of geographically diverse representatives from organizations representing superintendents, business officials, principals, school board members, regional superintendents of schools, independent school funding experts, whether from academics or from non-governmental organizations with recognized expertise in education funding, and teachers as follows:

(1) Two geographically diverse appointees that represent district superintendents, recommended by organizations that represent district superintendents.

(2) Two geographically diverse appointees that represent school boards, recommended by organizations that represent school boards.

(3) Two geographically diverse appointees that represent school business officials, recommended by organizations that represent school business officials.

(4) Two geographically diverse appointees that represent school principals, recommended by organizations that represent school principals.

(5) Two geographically diverse appointees that represent teachers, recommended by organizations that represent teachers.

(6) Two geographically diverse appointees that represent teachers, recommended by another organization that represents teachers.

(7) Two geographically diverse appointees that represent regional superintendents of schools, recommended by organizations that represent regional superintendents.

(8) Two independent experts selected solely by the State Superintendent.

(9) Two independent experts recommended by public universities in this State.

(10) One member recommended by an organization that represent parents. In addition to those Panel members appointed by the State Superintendent, 4 legislative liaisons shall be appointed, one by the Speaker of the House of Representatives, one by the President of the Senate, one by the Minority Leader of the House of Representatives, and one by the Minority Leader of the Senate.

The Professional Judgment Panel shall study and review the implementation and effect of the evidence-based funding model under this Section. On an annual basis, the State Superintendent of Education shall recalibrate the following per pupil elements of the Base Adequacy Level and applied to the formulas, based on the Panel's study of average expenses as reported in the most recent annual financial report:

(A) gifted under subdivision (M) of paragraph (2) of subsection (c) of this Section;

(B) instructional materials under subdivision (O) of paragraph (2) of subsection (c) of this Section;

(C) assessment under subdivision (P) of paragraph (2) of subsection (c) of this Section;

(D) student activities under subdivision (R) of paragraph (2) of subsection (c) of this Section;

(E) maintenance and operations under subdivision (S) of paragraph (2) of subsection (c) of this Section; and

(F) central office under subdivision (T) of paragraph (2) of subsection (c) of this Section.

On a periodic basis, the Panel shall study all of the following elements and make recommendations to the General Assembly and the Governor for modification of this Section:

(i) Average salaries under subdivision (A) of paragraph (3) of subsection (c) of this Section, to be annually modified by the Bureau of Labor Statistics' national Employment Cost Index for civilian workers in educational services in elementary and secondary schools, with a new study every 5 years.

(ii) The Comparable Wage Index under subdivision (C) of paragraph (3) of subsection (c) of this Section, to be studied by the Panel and reestablished by the State Superintendent every 5 years.

(iii) Maintenance and operations. Within 5 years after the implementation of this Section, the Panel shall make recommendations for the further study of maintenance and operations costs, including capital maintenance costs, and recommend any additional reporting data required from organizational units.

(iv) "At-risk student" definition. Within 5 years after the implementation of this Section, the Panel shall make recommendations for the further study and determination of an "at-risk student" definition to be recommended for future consideration by the General Assembly and the Governor.

(v) Benefits, to be studied within 5 years after the implementation of this Section.

(vi) Technology. The per pupil target for technology shall be reviewed every 3 years to determine whether current allocations are sufficient to develop 21st century learning in all classrooms in this State. Recommendations shall be made to the General Assembly and the Governor no later than 3 years after the implementation of this Section.

(vii) Base Funding Minimum. Per paragraph (6) of subsection (c) of this Section, a review of the Base Funding Minimum shall be made, and recommendations for continuance or modification of the Base Funding Minimum shall be made to the General Assembly and the Governor within 5 years after the implementation of this Section.

(viii) Local Capacity Target. Within 3 years after the implementation of this Section, the Panel shall make recommendations for any additional data desired to analyze possible modifications to the Local Capacity Target, to be based on measures in addition to solely EAV and to be completed within 5 years after implementation of this Section.

(ix) Funding for alternative schools, laboratory schools, safe schools, and alternative learning opportunity programs. Within 3 years after the implementation of this Section, the Panel shall study and make recommendations to the General Assembly and the Governor regarding the funding levels for alternative schools, laboratory schools, safe schools, and alternative learning opportunity programs in this State.

Section 99. Effective date. This Act takes effect July 1, 2017.".