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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-19, 10-29, 18-8.05, and 18-12 and by adding Section 10-20.56 | ||||||
6 | as follows:
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7 | (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
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8 | Sec. 10-19. Length of school term - experimental programs. | ||||||
9 | Each school
board shall annually prepare a calendar for the | ||||||
10 | school term, specifying
the opening and closing dates and | ||||||
11 | providing a minimum term of at least 185
days to insure 176 | ||||||
12 | days of actual pupil attendance, computable under Section
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13 | 18-8.05, except that for the 1980-1981 school year only 175 | ||||||
14 | days
of actual
pupil attendance shall be required because of | ||||||
15 | the closing of schools pursuant
to Section 24-2 on January 29, | ||||||
16 | 1981 upon the appointment by the President
of that day as a day | ||||||
17 | of thanksgiving for the freedom of the Americans who
had been | ||||||
18 | held hostage in Iran. Any days allowed by law for teachers' | ||||||
19 | institutes
but not used as such or used as parental institutes | ||||||
20 | as provided
in Section 10-22.18d shall increase the minimum | ||||||
21 | term by the school days not
so used. Except as provided in | ||||||
22 | Section 10-19.1, the board may not extend
the school term | ||||||
23 | beyond such closing date unless that extension of term is
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1 | necessary to provide the minimum number of computable days. In | ||||||
2 | case of
such necessary extension school employees
shall be paid | ||||||
3 | for such additional time on the basis of their regular
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4 | contracts. A school board may specify a closing date earlier | ||||||
5 | than that
set on the annual calendar when the schools of the | ||||||
6 | district have
provided the minimum number of computable days | ||||||
7 | under this Section.
Nothing in this Section prevents the board | ||||||
8 | from employing
superintendents of schools, principals and | ||||||
9 | other nonteaching personnel
for a period of 12 months, or in | ||||||
10 | the case of superintendents for a
period in accordance with | ||||||
11 | Section 10-23.8, or prevents the board from
employing other | ||||||
12 | personnel before or after the regular school term with
payment | ||||||
13 | of salary proportionate to that received for comparable work
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14 | during the school term.
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15 | A school board may make such changes in its calendar for | ||||||
16 | the school term
as may be required by any changes in the legal | ||||||
17 | school holidays prescribed
in Section 24-2. A school board may | ||||||
18 | make changes in its calendar for the
school term as may be | ||||||
19 | necessary to reflect the utilization of teachers'
institute | ||||||
20 | days as parental institute days as provided in Section | ||||||
21 | 10-22.18d.
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22 | The calendar for the school term and any changes must be | ||||||
23 | submitted to and approved by the regional superintendent of | ||||||
24 | schools before the calendar or changes may take effect.
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25 | With the prior approval of the State Board of Education and | ||||||
26 | subject
to review by the State Board of Education every 3 |
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1 | years, any school
board may, by resolution of its board and in | ||||||
2 | agreement with affected
exclusive collective bargaining | ||||||
3 | agents, establish experimental
educational programs, including | ||||||
4 | but not limited to programs for e-learning days as authorized | ||||||
5 | under Section 10-20.56 of this Code,
self-directed learning , or | ||||||
6 | outside of formal class periods, which programs
when so | ||||||
7 | approved shall be considered to comply with the requirements of
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8 | this Section as respects numbers of days of actual pupil | ||||||
9 | attendance and
with the other requirements of this Act as | ||||||
10 | respects courses of instruction.
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11 | (Source: P.A. 98-756, eff. 7-16-14.)
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12 | (105 ILCS 5/10-20.56 new) | ||||||
13 | Sec. 10-20.56. E-learning days. | ||||||
14 | (a) The State Board of Education shall establish and | ||||||
15 | maintain, for implementation in selected school districts | ||||||
16 | during the 2015-2016, 2016-2017, and 2017-2018 school years, a
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17 | pilot program for use of electronic-learning (e-learning) | ||||||
18 | days, as described in this
Section. The State Superintendent of | ||||||
19 | Education shall select up to 3 school districts for this | ||||||
20 | program, at least one of which may be an elementary or unit | ||||||
21 | school district. The use of e-learning days may not begin until | ||||||
22 | the second semester of the 2015-2016 school year, and the pilot | ||||||
23 | program shall conclude with the end of the 2017-2018 school | ||||||
24 | year. On or before June 1, 2019, the State Board shall report | ||||||
25 | its recommendation for expansion, revision, or discontinuation |
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1 | of the program to the Governor and General Assembly. | ||||||
2 | (b) The school board of a school district selected by the | ||||||
3 | State Superintendent of Education under subsection (a) of this | ||||||
4 | Section may, by resolution, adopt a research-based program or
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5 | research-based programs for e-learning days district-wide that | ||||||
6 | shall permit student instruction to be received electronically | ||||||
7 | while students are not physically present in lieu of the | ||||||
8 | district's scheduled emergency days as required by Section | ||||||
9 | 10-19 of this Code. The research-based program or programs may | ||||||
10 | not exceed the minimum number of emergency days in the approved | ||||||
11 | school calendar and must be submitted to the State | ||||||
12 | Superintendent for approval on or before September 1st annually | ||||||
13 | to ensure access for all students. The State Superintendent | ||||||
14 | shall approve programs that ensure that the specific needs of | ||||||
15 | all students are met, including special education students and | ||||||
16 | English learners, and that all mandates are still met using the | ||||||
17 | proposed research-based program. The e-learning program may | ||||||
18 | utilize the Internet, telephones, texts, chat rooms, or other | ||||||
19 | similar means of electronic communication for instruction and | ||||||
20 | interaction between teachers and students that meet the needs | ||||||
21 | of all
learners. | ||||||
22 | (c) Before its adoption by a school board, a school | ||||||
23 | district's initial proposal for an e-learning program or for | ||||||
24 | renewal of such a program must be approved by the State Board | ||||||
25 | of Education and shall follow a public hearing, at a regular or | ||||||
26 | special meeting of the school board, in which the terms of the |
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1 | proposal must be substantially presented and an opportunity for | ||||||
2 | allowing public comments must be provided. Notice of such | ||||||
3 | public hearing must be provided at least 10 days prior to the | ||||||
4 | hearing by: | ||||||
5 | (1) publication in a newspaper of general circulation | ||||||
6 | in the school district; | ||||||
7 | (2) written or electronic notice designed to reach the | ||||||
8 | parents or guardians of all students enrolled in the school | ||||||
9 | district; and | ||||||
10 | (3) written or electronic notice designed to reach any | ||||||
11 | exclusive collective bargaining representatives of school | ||||||
12 | district employees and all those employees not in a | ||||||
13 | collective bargaining unit. | ||||||
14 | (d) A proposal for an e-learning program must be timely | ||||||
15 | approved by the State Board of Education if the requirements | ||||||
16 | specified in this Section have been met and if, in the view of | ||||||
17 | the State Board of Education, the proposal contains provisions | ||||||
18 | designed to reasonably and practicably accomplish the | ||||||
19 | following: | ||||||
20 | (1) to ensure and verify at least 5 clock hours of | ||||||
21 | instruction or school work for each student participating | ||||||
22 | in an e-learning day; | ||||||
23 | (2) to ensure access from home or other appropriate | ||||||
24 | remote facility for all students participating, including | ||||||
25 | computers, the Internet, and other forms of electronic | ||||||
26 | communication that must be utilized in the proposed |
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1 | program; | ||||||
2 | (3) to ensure appropriate learning opportunities for | ||||||
3 | students with special needs; | ||||||
4 | (4) to monitor and verify each student's electronic | ||||||
5 | participation; | ||||||
6 | (5) to address the extent to which student | ||||||
7 | participation is within the student's control as to the | ||||||
8 | time, pace, and means of learning; | ||||||
9 | (6) to provide effective notice to students and their | ||||||
10 | parents or guardians of the use of particular days for | ||||||
11 | e-learning; | ||||||
12 | (7) to provide staff and students with adequate | ||||||
13 | training for e-learning days' participation; | ||||||
14 | (8) to ensure an opportunity for any collective | ||||||
15 | bargaining negotiations with representatives of the school | ||||||
16 | district's employees that would be legally required; and | ||||||
17 | (9) to review and revise the program as implemented to | ||||||
18 | address difficulties confronted. | ||||||
19 | The State Board of Education's approval of a school | ||||||
20 | district's initial e-learning program and renewal of the | ||||||
21 | e-learning program shall be for a term of 3 years. | ||||||
22 | (e) The State Board of Education may adopt rules governing | ||||||
23 | its supervision and review of e-learning programs consistent | ||||||
24 | with the provision of this Section. However, in the absence of | ||||||
25 | such rules, school districts may submit proposals for State | ||||||
26 | Board of Education consideration under the authority of this |
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1 | Section. | ||||||
2 | (105 ILCS 5/10-29) | ||||||
3 | Sec. 10-29. Remote educational programs. | ||||||
4 | (a) For purposes of this Section, "remote educational | ||||||
5 | program" means an educational program delivered to students in | ||||||
6 | the home or other location outside of a school building that | ||||||
7 | meets all of the following criteria: | ||||||
8 | (1) A student may participate in the program only after | ||||||
9 | the school district, pursuant to adopted school board | ||||||
10 | policy, and a person authorized to enroll the student under | ||||||
11 | Section 10-20.12b of this Code determine that a remote | ||||||
12 | educational program will best serve the student's | ||||||
13 | individual learning needs. The adopted school board policy | ||||||
14 | shall include, but not be limited to, all of the following: | ||||||
15 | (A) Criteria for determining that a remote | ||||||
16 | educational program will best serve a student's | ||||||
17 | individual learning needs. The criteria must include | ||||||
18 | consideration of, at a minimum, a student's prior | ||||||
19 | attendance, disciplinary record, and academic history. | ||||||
20 | (B) Any limitations on the number of students or | ||||||
21 | grade levels that may participate in a remote | ||||||
22 | educational program. | ||||||
23 | (C) A description of the process that the school | ||||||
24 | district will use to approve participation in the | ||||||
25 | remote educational program. The process must include |
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1 | without limitation a requirement that, for any student | ||||||
2 | who qualifies to receive services pursuant to the | ||||||
3 | federal Individuals with Disabilities Education | ||||||
4 | Improvement Act of 2004, the student's participation | ||||||
5 | in a remote educational program receive prior approval | ||||||
6 | from the student's individualized education program | ||||||
7 | team. | ||||||
8 | (D) A description of the process the school | ||||||
9 | district will use to develop and approve a written | ||||||
10 | remote educational plan that meets the requirements of | ||||||
11 | subdivision (5) of this subsection (a). | ||||||
12 | (E) A description of the system the school district | ||||||
13 | will establish to calculate the number of clock hours a | ||||||
14 | student is participating in instruction in accordance | ||||||
15 | with the remote educational program. | ||||||
16 | (F) A description of the process for renewing a | ||||||
17 | remote educational program at the expiration of its | ||||||
18 | term. | ||||||
19 | (G) Such other terms and provisions as the school | ||||||
20 | district deems necessary to provide for the | ||||||
21 | establishment and delivery of a remote educational | ||||||
22 | program. | ||||||
23 | (2) The school district has determined that the remote | ||||||
24 | educational program's curriculum is aligned to State | ||||||
25 | learning standards and that the program offers instruction | ||||||
26 | and educational experiences consistent with those given to |
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1 | students at the same grade level in the district. | ||||||
2 | (3) The remote educational program is delivered by | ||||||
3 | instructors that meet the following qualifications: | ||||||
4 | (A) they are certificated under Article 21 of this | ||||||
5 | Code; | ||||||
6 | (B) they meet applicable highly qualified criteria | ||||||
7 | under the federal No Child Left Behind Act of 2001; and | ||||||
8 | (C) they have responsibility for all of the | ||||||
9 | following elements of the program: planning | ||||||
10 | instruction, diagnosing learning needs, prescribing | ||||||
11 | content delivery through class activities, assessing | ||||||
12 | learning, reporting outcomes to administrators and | ||||||
13 | parents and guardians, and evaluating the effects of | ||||||
14 | instruction. | ||||||
15 | (4) During the period of time from and including the | ||||||
16 | opening date to the
closing date of the regular school term | ||||||
17 | of the school district established pursuant to Section | ||||||
18 | 10-19 of this Code, participation in a remote educational | ||||||
19 | program may be claimed for general State aid purposes under | ||||||
20 | Section 18-8.05 of this Code on any calendar day, | ||||||
21 | notwithstanding whether the day is a day of pupil | ||||||
22 | attendance or institute day on the school district's | ||||||
23 | calendar or any other provision of law restricting | ||||||
24 | instruction on that day. If the district holds year-round | ||||||
25 | classes in some buildings, the district
shall classify each | ||||||
26 | student's participation in a remote educational program as |
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1 | either on a year-round or a non-year-round schedule for | ||||||
2 | purposes of claiming general State aid. Outside of the | ||||||
3 | regular school term of the district, the remote educational | ||||||
4 | program may be offered as part of any summer school program | ||||||
5 | authorized by this Code. | ||||||
6 | (5) Each student participating in a remote educational | ||||||
7 | program must have a written remote educational plan that | ||||||
8 | has been approved by the school district and a person | ||||||
9 | authorized to enroll the student under Section 10-20.12b of | ||||||
10 | this Code. The school district and a person authorized to | ||||||
11 | enroll the student under Section 10-20.12b of this Code | ||||||
12 | must approve any amendment to a remote educational plan. | ||||||
13 | The remote educational plan must include, but is not | ||||||
14 | limited to, all of the following: | ||||||
15 | (A) Specific achievement goals for the student | ||||||
16 | aligned to State learning standards. | ||||||
17 | (B) A description of all assessments that will be | ||||||
18 | used to measure student progress, which description | ||||||
19 | shall indicate the assessments that will be | ||||||
20 | administered at an attendance center within the school | ||||||
21 | district. | ||||||
22 | (C) A description of the progress reports that will | ||||||
23 | be provided to the school district and the person or | ||||||
24 | persons authorized to enroll the student under Section | ||||||
25 | 10-20.12b of this Code. | ||||||
26 | (D) Expectations, processes, and schedules for |
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1 | interaction between a teacher and student. | ||||||
2 | (E) A description of the specific responsibilities | ||||||
3 | of the student's family and the school district with | ||||||
4 | respect to equipment, materials, phone and Internet | ||||||
5 | service, and any other requirements applicable to the | ||||||
6 | home or other location outside of a school building | ||||||
7 | necessary for the delivery of the remote educational | ||||||
8 | program. | ||||||
9 | (F) If applicable, a description of how the remote | ||||||
10 | educational program will be delivered in a manner | ||||||
11 | consistent with the student's individualized education | ||||||
12 | program required by Section 614(d) of the federal | ||||||
13 | Individuals with Disabilities Education Improvement | ||||||
14 | Act of 2004 or plan to ensure compliance with Section | ||||||
15 | 504 of the federal Rehabilitation Act of 1973. | ||||||
16 | (G) A description of the procedures and | ||||||
17 | opportunities for participation in academic and | ||||||
18 | extra-curricular activities and programs within the | ||||||
19 | school district. | ||||||
20 | (H) The identification of a parent, guardian, or | ||||||
21 | other responsible adult who will provide direct | ||||||
22 | supervision of the program. The plan must include an | ||||||
23 | acknowledgment by the parent, guardian, or other | ||||||
24 | responsible adult that he or she may engage only in | ||||||
25 | non-teaching duties not requiring instructional | ||||||
26 | judgment or the evaluation of a student. The plan shall |
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1 | designate the parent, guardian, or other responsible | ||||||
2 | adult as non-teaching personnel or volunteer personnel | ||||||
3 | under subsection (a) of Section 10-22.34 of this Code. | ||||||
4 | (I) The identification of a school district | ||||||
5 | administrator who will oversee the remote educational | ||||||
6 | program on behalf of the school district and who may be | ||||||
7 | contacted by the student's parents with respect to any | ||||||
8 | issues or concerns with the program. | ||||||
9 | (J) The term of the student's participation in the | ||||||
10 | remote educational program, which may not extend for | ||||||
11 | longer than 12 months, unless the term is renewed by | ||||||
12 | the district in accordance with subdivision (7) of this | ||||||
13 | subsection (a). | ||||||
14 | (K) A description of the specific location or | ||||||
15 | locations in which the program will be delivered. If | ||||||
16 | the remote educational program is to be delivered to a | ||||||
17 | student in any location other than the student's home, | ||||||
18 | the plan must include a written determination by the | ||||||
19 | school district that the location will provide a | ||||||
20 | learning environment appropriate for the delivery of | ||||||
21 | the program. The location or locations in which the | ||||||
22 | program will be delivered shall be deemed a long | ||||||
23 | distance teaching reception area under subsection (a) | ||||||
24 | of Section 10-22.34 of this Code. | ||||||
25 | (L) Certification by the school district that the | ||||||
26 | plan meets all other requirements of this Section. |
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1 | (6) Students participating in a remote educational | ||||||
2 | program must be enrolled in a school district attendance | ||||||
3 | center pursuant to the school district's enrollment policy | ||||||
4 | or policies. A student participating in a remote | ||||||
5 | educational program must be tested as part of all | ||||||
6 | assessments administered by the school district pursuant | ||||||
7 | to Section 2-3.64a-5 of this Code at the attendance center | ||||||
8 | in which the student is enrolled and in accordance with the | ||||||
9 | attendance center's assessment policies and schedule. The | ||||||
10 | student must be included within all adequate yearly | ||||||
11 | progress and other accountability determinations for the | ||||||
12 | school district and attendance center under State and | ||||||
13 | federal law. | ||||||
14 | (7) The term of a student's participation in a remote | ||||||
15 | educational program may not extend for longer than 12 | ||||||
16 | months, unless the term is renewed by the school district. | ||||||
17 | The district may only renew a student's participation in a | ||||||
18 | remote educational program following an evaluation of the | ||||||
19 | student's progress in the program, a determination that the | ||||||
20 | student's continuation in the program will best serve the | ||||||
21 | student's individual learning needs, and an amendment to | ||||||
22 | the student's written remote educational plan addressing | ||||||
23 | any changes for the upcoming term of the program. | ||||||
24 | For purposes of this Section, a remote educational program | ||||||
25 | does not include instruction delivered to students through an | ||||||
26 | e-learning program approved under Section 10-20.56 of this |
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1 | Code. | ||||||
2 | (b) A school district may, by resolution of its school | ||||||
3 | board, establish a remote educational program. | ||||||
4 | (c) Clock hours of instruction by students in a remote | ||||||
5 | educational program meeting the requirements of this Section | ||||||
6 | may be claimed by the school district and shall be counted as | ||||||
7 | school work for general State aid purposes in accordance with | ||||||
8 | and subject to the limitations of Section 18-8.05 of this Code. | ||||||
9 | (d) The impact of remote educational programs on wages, | ||||||
10 | hours, and terms and conditions of employment of educational | ||||||
11 | employees within the school district shall be subject to local | ||||||
12 | collective bargaining agreements. | ||||||
13 | (e) The use of a home or other location outside of a school | ||||||
14 | building for a remote educational program shall not cause the | ||||||
15 | home or other location to be deemed a public school facility. | ||||||
16 | (f) A remote educational program may be used, but is not | ||||||
17 | required, for instruction delivered to a student in the home or | ||||||
18 | other location outside of a school building that is not claimed | ||||||
19 | for general State aid purposes under Section 18-8.05 of this | ||||||
20 | Code. | ||||||
21 | (g) School districts that, pursuant to this Section, adopt | ||||||
22 | a policy for a remote educational program must submit to the | ||||||
23 | State Board of Education a copy of the policy and any | ||||||
24 | amendments thereto, as well as data on student participation in | ||||||
25 | a format specified by the State Board of Education. The State | ||||||
26 | Board of Education may perform or contract with an outside |
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1 | entity to perform an evaluation of remote educational programs | ||||||
2 | in this State. | ||||||
3 | (h) The State Board of Education may adopt any rules | ||||||
4 | necessary to ensure compliance by remote educational programs | ||||||
5 | with the requirements of this Section and other applicable | ||||||
6 | legal requirements.
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7 | (Source: P.A. 97-339, eff. 8-12-11; 98-972, eff. 8-15-14.)
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8 | (105 ILCS 5/18-8.05)
| ||||||
9 | Sec. 18-8.05. Basis for apportionment of general State | ||||||
10 | financial aid and
supplemental general State aid to the common | ||||||
11 | schools for the 1998-1999 and
subsequent school years.
| ||||||
12 | (A) General Provisions. | ||||||
13 | (1) The provisions of this Section apply to the 1998-1999 | ||||||
14 | and subsequent
school years. The system of general State | ||||||
15 | financial aid provided for in this
Section
is designed to | ||||||
16 | assure that, through a combination of State financial aid and
| ||||||
17 | required local resources, the financial support provided each | ||||||
18 | pupil in Average
Daily Attendance equals or exceeds a
| ||||||
19 | prescribed per pupil Foundation Level. This formula approach | ||||||
20 | imputes a level
of per pupil Available Local Resources and | ||||||
21 | provides for the basis to calculate
a per pupil level of | ||||||
22 | general State financial aid that, when added to Available
Local | ||||||
23 | Resources, equals or exceeds the Foundation Level. The
amount | ||||||
24 | of per pupil general State financial aid for school districts, |
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| |||||||
1 | in
general, varies in inverse
relation to Available Local | ||||||
2 | Resources. Per pupil amounts are based upon
each school | ||||||
3 | district's Average Daily Attendance as that term is defined in | ||||||
4 | this
Section. | ||||||
5 | (2) In addition to general State financial aid, school | ||||||
6 | districts with
specified levels or concentrations of pupils | ||||||
7 | from low income households are
eligible to receive supplemental | ||||||
8 | general State financial aid grants as provided
pursuant to | ||||||
9 | subsection (H).
The supplemental State aid grants provided for | ||||||
10 | school districts under
subsection (H) shall be appropriated for | ||||||
11 | distribution to school districts as
part of the same line item | ||||||
12 | in which the general State financial aid of school
districts is | ||||||
13 | appropriated under this Section. | ||||||
14 | (3) To receive financial assistance under this Section, | ||||||
15 | school districts
are required to file claims with the State | ||||||
16 | Board of Education, subject to the
following requirements: | ||||||
17 | (a) Any school district which fails for any given | ||||||
18 | school year to maintain
school as required by law, or to | ||||||
19 | maintain a recognized school is not
eligible to file for | ||||||
20 | such school year any claim upon the Common School
Fund. In | ||||||
21 | case of nonrecognition of one or more attendance centers in | ||||||
22 | a
school district otherwise operating recognized schools, | ||||||
23 | the claim of the
district shall be reduced in the | ||||||
24 | proportion which the Average Daily
Attendance in the | ||||||
25 | attendance center or centers bear to the Average Daily
| ||||||
26 | Attendance in the school district. A "recognized school" |
| |||||||
| |||||||
1 | means any
public school which meets the standards as | ||||||
2 | established for recognition
by the State Board of | ||||||
3 | Education. A school district or attendance center
not | ||||||
4 | having recognition status at the end of a school term is | ||||||
5 | entitled to
receive State aid payments due upon a legal | ||||||
6 | claim which was filed while
it was recognized. | ||||||
7 | (b) School district claims filed under this Section are | ||||||
8 | subject to
Sections 18-9 and 18-12, except as otherwise | ||||||
9 | provided in this
Section. | ||||||
10 | (c) If a school district operates a full year school | ||||||
11 | under Section
10-19.1, the general State aid to the school | ||||||
12 | district shall be determined
by the State Board of | ||||||
13 | Education in accordance with this Section as near as
may be | ||||||
14 | applicable. | ||||||
15 | (d) (Blank). | ||||||
16 | (4) Except as provided in subsections (H) and (L), the | ||||||
17 | board of any district
receiving any of the grants provided for | ||||||
18 | in this Section may apply those funds
to any fund so received | ||||||
19 | for which that board is authorized to make expenditures
by law. | ||||||
20 | School districts are not required to exert a minimum | ||||||
21 | Operating Tax Rate in
order to qualify for assistance under | ||||||
22 | this Section. | ||||||
23 | (5) As used in this Section the following terms, when | ||||||
24 | capitalized, shall
have the meaning ascribed herein: | ||||||
25 | (a) "Average Daily Attendance": A count of pupil | ||||||
26 | attendance in school,
averaged as provided for in |
| |||||||
| |||||||
1 | subsection (C) and utilized in deriving per pupil
financial | ||||||
2 | support levels. | ||||||
3 | (b) "Available Local Resources": A computation of | ||||||
4 | local financial
support, calculated on the basis of Average | ||||||
5 | Daily Attendance and derived as
provided pursuant to | ||||||
6 | subsection (D). | ||||||
7 | (c) "Corporate Personal Property Replacement Taxes": | ||||||
8 | Funds paid to local
school districts pursuant to "An Act in | ||||||
9 | relation to the abolition of ad valorem
personal property | ||||||
10 | tax and the replacement of revenues lost thereby, and
| ||||||
11 | amending and repealing certain Acts and parts of Acts in | ||||||
12 | connection therewith",
certified August 14, 1979, as | ||||||
13 | amended (Public Act 81-1st S.S.-1). | ||||||
14 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
15 | financial support
as provided for in subsection (B). | ||||||
16 | (e) "Operating Tax Rate": All school district property | ||||||
17 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
18 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
19 | Education
Building purposes.
| ||||||
20 | (B) Foundation Level. | ||||||
21 | (1) The Foundation Level is a figure established by the | ||||||
22 | State representing
the minimum level of per pupil financial | ||||||
23 | support that should be available to
provide for the basic | ||||||
24 | education of each pupil in
Average Daily Attendance. As set | ||||||
25 | forth in this Section, each school district
is assumed to exert
|
| |||||||
| |||||||
1 | a sufficient local taxing effort such that, in combination with | ||||||
2 | the aggregate
of general State
financial aid provided the | ||||||
3 | district, an aggregate of State and local resources
are | ||||||
4 | available to meet
the basic education needs of pupils in the | ||||||
5 | district. | ||||||
6 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
7 | support is
$4,225. For the 1999-2000 school year, the | ||||||
8 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
9 | year, the Foundation Level of support is
$4,425. For the | ||||||
10 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
11 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
12 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
13 | year, the Foundation Level of support is $4,964.
For the | ||||||
14 | 2005-2006 school year,
the Foundation Level of support is | ||||||
15 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
16 | support is $5,334. For the 2007-2008 school year, the | ||||||
17 | Foundation Level of support is $5,734. For the 2008-2009 school | ||||||
18 | year, the Foundation Level of support is $5,959. | ||||||
19 | (3) For the 2009-2010 school year and each school year | ||||||
20 | thereafter,
the Foundation Level of support is $6,119 or such | ||||||
21 | greater amount as
may be established by law by the General | ||||||
22 | Assembly.
| ||||||
23 | (C) Average Daily Attendance. | ||||||
24 | (1) For purposes of calculating general State aid pursuant | ||||||
25 | to subsection
(E), an Average Daily Attendance figure shall be |
| |||||||
| |||||||
1 | utilized. The Average Daily
Attendance figure for formula
| ||||||
2 | calculation purposes shall be the monthly average of the actual | ||||||
3 | number of
pupils in attendance of
each school district, as | ||||||
4 | further averaged for the best 3 months of pupil
attendance for | ||||||
5 | each
school district. In compiling the figures for the number | ||||||
6 | of pupils in
attendance, school districts
and the State Board | ||||||
7 | of Education shall, for purposes of general State aid
funding, | ||||||
8 | conform
attendance figures to the requirements of subsection | ||||||
9 | (F). | ||||||
10 | (2) The Average Daily Attendance figures utilized in | ||||||
11 | subsection (E) shall be
the requisite attendance data for the | ||||||
12 | school year immediately preceding
the
school year for which | ||||||
13 | general State aid is being calculated
or the average of the | ||||||
14 | attendance data for the 3 preceding school
years, whichever is | ||||||
15 | greater. The Average Daily Attendance figures
utilized in | ||||||
16 | subsection (H) shall be the requisite attendance data for the
| ||||||
17 | school year immediately preceding the school year for which | ||||||
18 | general
State aid is being calculated.
| ||||||
19 | (D) Available Local Resources. | ||||||
20 | (1) For purposes of calculating general State aid pursuant | ||||||
21 | to subsection
(E), a representation of Available Local | ||||||
22 | Resources per pupil, as that term is
defined and determined in | ||||||
23 | this subsection, shall be utilized. Available Local
Resources | ||||||
24 | per pupil shall include a calculated
dollar amount representing | ||||||
25 | local school district revenues from local property
taxes and |
| |||||||
| |||||||
1 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
2 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
3 | of Available Local Resources shall exclude any tax amnesty | ||||||
4 | funds received as a result of Public Act 93-26. | ||||||
5 | (2) In determining a school district's revenue from local | ||||||
6 | property taxes,
the State Board of Education shall utilize the | ||||||
7 | equalized assessed valuation of
all taxable property of each | ||||||
8 | school
district as of September 30 of the previous year. The | ||||||
9 | equalized assessed
valuation utilized shall
be obtained and | ||||||
10 | determined as provided in subsection (G). | ||||||
11 | (3) For school districts maintaining grades kindergarten | ||||||
12 | through 12, local
property tax
revenues per pupil shall be | ||||||
13 | calculated as the product of the applicable
equalized assessed
| ||||||
14 | valuation for the district multiplied by 3.00%, and divided by | ||||||
15 | the district's
Average Daily
Attendance figure. For school | ||||||
16 | districts maintaining grades kindergarten
through 8, local
| ||||||
17 | property tax revenues per pupil shall be calculated as the | ||||||
18 | product of the
applicable equalized
assessed valuation for the | ||||||
19 | district multiplied by 2.30%, and divided by the
district's | ||||||
20 | Average
Daily Attendance figure. For school districts | ||||||
21 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
22 | per pupil shall be the applicable equalized assessed valuation | ||||||
23 | of
the district
multiplied by 1.05%, and divided by the | ||||||
24 | district's Average Daily
Attendance
figure. | ||||||
25 | For partial elementary unit districts created pursuant to | ||||||
26 | Article 11E of this Code, local property tax revenues per pupil |
| |||||||
| |||||||
1 | shall be calculated as the product of the equalized assessed | ||||||
2 | valuation for property within the partial elementary unit | ||||||
3 | district for elementary purposes, as defined in Article 11E of | ||||||
4 | this Code, multiplied by 2.06% and divided by the district's | ||||||
5 | Average Daily Attendance figure, plus the product of the | ||||||
6 | equalized assessed valuation for property within the partial | ||||||
7 | elementary unit district for high school purposes, as defined | ||||||
8 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
9 | the district's Average Daily Attendance figure.
| ||||||
10 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
11 | to each school
district during the calendar year one year | ||||||
12 | before the calendar year in which a
school year begins, divided | ||||||
13 | by the Average Daily Attendance figure for that
district, shall | ||||||
14 | be added to the local property tax revenues per pupil as
| ||||||
15 | derived by the application of the immediately preceding | ||||||
16 | paragraph (3). The sum
of these per pupil figures for each | ||||||
17 | school district shall constitute Available
Local Resources as | ||||||
18 | that term is utilized in subsection (E) in the calculation
of | ||||||
19 | general State aid.
| ||||||
20 | (E) Computation of General State Aid. | ||||||
21 | (1) For each school year, the amount of general State aid | ||||||
22 | allotted to a
school district shall be computed by the State | ||||||
23 | Board of Education as provided
in this subsection. | ||||||
24 | (2) For any school district for which Available Local | ||||||
25 | Resources per pupil
is less than the product of 0.93 times the |
| |||||||
| |||||||
1 | Foundation Level, general State aid
for that district shall be | ||||||
2 | calculated as an amount equal to the Foundation
Level minus | ||||||
3 | Available Local Resources, multiplied by the Average Daily
| ||||||
4 | Attendance of the school district. | ||||||
5 | (3) For any school district for which Available Local | ||||||
6 | Resources per pupil
is equal to or greater than the product of | ||||||
7 | 0.93 times the Foundation Level and
less than the product of | ||||||
8 | 1.75 times the Foundation Level, the general State aid
per | ||||||
9 | pupil shall be a decimal proportion of the Foundation Level | ||||||
10 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
11 | the calculated general State
aid per pupil shall decline in | ||||||
12 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
13 | a school district with Available Local Resources equal to
the | ||||||
14 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
15 | Foundation
Level for a school district with Available Local | ||||||
16 | Resources equal to the product
of 1.75 times the Foundation | ||||||
17 | Level. The allocation of general
State aid for school districts | ||||||
18 | subject to this paragraph 3 shall be the
calculated general | ||||||
19 | State aid
per pupil figure multiplied by the Average Daily | ||||||
20 | Attendance of the school
district. | ||||||
21 | (4) For any school district for which Available Local | ||||||
22 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
23 | the Foundation Level, the general
State aid for the school | ||||||
24 | district shall be calculated as the product of $218
multiplied | ||||||
25 | by the Average Daily Attendance of the school
district. | ||||||
26 | (5) The amount of general State aid allocated to a school |
| |||||||
| |||||||
1 | district for
the 1999-2000 school year meeting the requirements | ||||||
2 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
3 | by an amount equal to the general State aid that
would have | ||||||
4 | been received by the district for the 1998-1999 school year by
| ||||||
5 | utilizing the Extension Limitation Equalized Assessed | ||||||
6 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
7 | the general State aid allotted for the
1998-1999
school year. | ||||||
8 | This amount shall be deemed a one time increase, and shall not
| ||||||
9 | affect any future general State aid allocations.
| ||||||
10 | (F) Compilation of Average Daily Attendance. | ||||||
11 | (1) Each school district shall, by July 1 of each year, | ||||||
12 | submit to the State
Board of Education, on forms prescribed by | ||||||
13 | the State Board of Education,
attendance figures for the school | ||||||
14 | year that began in the preceding calendar
year. The attendance | ||||||
15 | information so transmitted shall identify the average
daily | ||||||
16 | attendance figures for each month of the school year. Beginning | ||||||
17 | with
the general State aid claim form for the 2002-2003 school
| ||||||
18 | year, districts shall calculate Average Daily Attendance as | ||||||
19 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
20 | (1). | ||||||
21 | (a) In districts that do not hold year-round classes,
| ||||||
22 | days of attendance in August shall be added to the month of | ||||||
23 | September and any
days of attendance in June shall be added | ||||||
24 | to the month of May. | ||||||
25 | (b) In districts in which all buildings hold year-round |
| |||||||
| |||||||
1 | classes,
days of attendance in July and August shall be | ||||||
2 | added to the month
of September and any days of attendance | ||||||
3 | in June shall be added to
the month of May. | ||||||
4 | (c) In districts in which some buildings, but not all, | ||||||
5 | hold
year-round classes, for the non-year-round buildings, | ||||||
6 | days of
attendance in August shall be added to the month of | ||||||
7 | September
and any days of attendance in June shall be added | ||||||
8 | to the month of
May. The average daily attendance for the | ||||||
9 | year-round buildings
shall be computed as provided in | ||||||
10 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
11 | Average Daily Attendance for the district, the
average | ||||||
12 | daily attendance for the year-round buildings shall be
| ||||||
13 | multiplied by the days in session for the non-year-round | ||||||
14 | buildings
for each month and added to the monthly | ||||||
15 | attendance of the
non-year-round buildings. | ||||||
16 | Except as otherwise provided in this Section, days of
| ||||||
17 | attendance by pupils shall be counted only for sessions of not | ||||||
18 | less than
5 clock hours of school work per day under direct | ||||||
19 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
20 | volunteer personnel when engaging
in non-teaching duties and | ||||||
21 | supervising in those instances specified in
subsection (a) of | ||||||
22 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
23 | of legal school age and in kindergarten and grades 1 through | ||||||
24 | 12. Days of attendance by pupils through verified participation | ||||||
25 | in an e-learning program approved by the State Board of | ||||||
26 | Education under Section 10-20.56 of the Code shall be |
| |||||||
| |||||||
1 | considered as full days of attendance for purposes of this | ||||||
2 | Section. | ||||||
3 | Days of attendance by tuition pupils shall be accredited | ||||||
4 | only to the
districts that pay the tuition to a recognized | ||||||
5 | school. | ||||||
6 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
7 | of school
shall be subject to the following provisions in the | ||||||
8 | compilation of Average
Daily Attendance. | ||||||
9 | (a) Pupils regularly enrolled in a public school for | ||||||
10 | only a part of
the school day may be counted on the basis | ||||||
11 | of 1/6 day for every class hour
of instruction of 40 | ||||||
12 | minutes or more attended pursuant to such enrollment,
| ||||||
13 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
14 | minutes or more of instruction,
in which case the pupil may | ||||||
15 | be counted on the basis of the proportion of
minutes of | ||||||
16 | school work completed each day to the minimum number of
| ||||||
17 | minutes that school work is required to be held that day. | ||||||
18 | (b) (Blank). | ||||||
19 | (c) A session of 4 or more clock hours may be counted | ||||||
20 | as a day of
attendance upon certification by the regional | ||||||
21 | superintendent, and
approved by the State Superintendent | ||||||
22 | of Education to the extent that the
district has been | ||||||
23 | forced to use daily multiple sessions. | ||||||
24 | (d) A session of 3 or more clock hours may be counted | ||||||
25 | as a day of
attendance (1) when the remainder of the school | ||||||
26 | day or at least
2 hours in the evening of that day is |
| |||||||
| |||||||
1 | utilized for an
in-service training program for teachers, | ||||||
2 | up to a maximum of 5 days per
school year, provided a | ||||||
3 | district conducts an in-service
training program for | ||||||
4 | teachers in accordance with Section 10-22.39 of this Code; | ||||||
5 | or, in lieu of 4 such days, 2 full days may
be used, in | ||||||
6 | which event each such day
may be counted as a day required | ||||||
7 | for a legal school calendar pursuant to Section 10-19 of | ||||||
8 | this Code; (1.5) when, of the 5 days allowed under item | ||||||
9 | (1), a maximum of 4 days are used for parent-teacher | ||||||
10 | conferences, or, in lieu of 4 such days, 2 full days are | ||||||
11 | used, in which case each such day may be counted as a | ||||||
12 | calendar day required under Section 10-19 of this Code, | ||||||
13 | provided that the full-day, parent-teacher conference | ||||||
14 | consists of (i) a minimum of 5 clock hours of | ||||||
15 | parent-teacher conferences, (ii) both a minimum of 2 clock | ||||||
16 | hours of parent-teacher conferences held in the evening | ||||||
17 | following a full day of student attendance, as specified in | ||||||
18 | subsection (F)(1)(c), and a minimum of 3 clock hours of | ||||||
19 | parent-teacher conferences held on the day immediately | ||||||
20 | following evening parent-teacher conferences, or (iii) | ||||||
21 | multiple parent-teacher conferences held in the evenings | ||||||
22 | following full days of student attendance, as specified in | ||||||
23 | subsection (F)(1)(c), in which the time used for the | ||||||
24 | parent-teacher conferences is equivalent to a minimum of 5 | ||||||
25 | clock hours; and (2) when days in
addition to
those | ||||||
26 | provided in items (1) and (1.5) are scheduled by a school |
| |||||||
| |||||||
1 | pursuant to its school
improvement plan adopted under | ||||||
2 | Article 34 or its revised or amended school
improvement | ||||||
3 | plan adopted under Article 2, provided that (i) such | ||||||
4 | sessions of
3 or more clock hours are scheduled to occur at | ||||||
5 | regular intervals, (ii) the
remainder of the school days in | ||||||
6 | which such sessions occur are utilized
for in-service | ||||||
7 | training programs or other staff development activities | ||||||
8 | for
teachers, and (iii) a sufficient number of minutes of | ||||||
9 | school work under the
direct supervision of teachers are | ||||||
10 | added to the school days between such
regularly scheduled | ||||||
11 | sessions to accumulate not less than the number of minutes
| ||||||
12 | by which such sessions of 3 or more clock hours fall short | ||||||
13 | of 5 clock hours.
Any full days used for the purposes of | ||||||
14 | this paragraph shall not be considered
for
computing | ||||||
15 | average daily attendance. Days scheduled for in-service | ||||||
16 | training
programs, staff development activities, or | ||||||
17 | parent-teacher conferences may be
scheduled separately for | ||||||
18 | different
grade levels and different attendance centers of | ||||||
19 | the district. | ||||||
20 | (e) A session of not less than one clock hour of | ||||||
21 | teaching
hospitalized or homebound pupils on-site or by | ||||||
22 | telephone to the classroom may
be counted as 1/2 day of | ||||||
23 | attendance, however these pupils must receive 4 or
more | ||||||
24 | clock hours of instruction to be counted for a full day of | ||||||
25 | attendance. | ||||||
26 | (f) A session of at least 4 clock hours may be counted |
| |||||||
| |||||||
1 | as a day of
attendance for first grade pupils, and pupils | ||||||
2 | in full day kindergartens,
and a session of 2 or more hours | ||||||
3 | may be counted as 1/2 day of attendance by
pupils in | ||||||
4 | kindergartens which provide only 1/2 day of attendance. | ||||||
5 | (g) For children with disabilities who are below the | ||||||
6 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
7 | because of their disability or
immaturity, a session of not | ||||||
8 | less than one clock hour may be counted as 1/2 day
of | ||||||
9 | attendance; however for such children whose educational | ||||||
10 | needs so require
a session of 4 or more clock hours may be | ||||||
11 | counted as a full day of attendance. | ||||||
12 | (h) A recognized kindergarten which provides for only | ||||||
13 | 1/2 day of
attendance by each pupil shall not have more | ||||||
14 | than 1/2 day of attendance
counted in any one day. However, | ||||||
15 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
16 | consecutive school days. When a pupil attends such a
| ||||||
17 | kindergarten for 2 half days on any one school day, the | ||||||
18 | pupil shall have
the following day as a day absent from | ||||||
19 | school, unless the school district
obtains permission in | ||||||
20 | writing from the State Superintendent of Education.
| ||||||
21 | Attendance at kindergartens which provide for a full day of | ||||||
22 | attendance by
each pupil shall be counted the same as | ||||||
23 | attendance by first grade pupils.
Only the first year of | ||||||
24 | attendance in one kindergarten shall be counted,
except in | ||||||
25 | case of children who entered the kindergarten in their | ||||||
26 | fifth year
whose educational development requires a second |
| |||||||
| |||||||
1 | year of kindergarten as
determined under the rules and | ||||||
2 | regulations of the State Board of Education. | ||||||
3 | (i) On the days when the assessment that includes a | ||||||
4 | college and career ready determination is
administered | ||||||
5 | under subsection (c) of Section 2-3.64a-5 of this Code, the | ||||||
6 | day
of attendance for a pupil whose school
day must be | ||||||
7 | shortened to accommodate required testing procedures may
| ||||||
8 | be less than 5 clock hours and shall be counted towards the | ||||||
9 | 176 days of actual pupil attendance required under Section | ||||||
10 | 10-19 of this Code, provided that a sufficient number of | ||||||
11 | minutes
of school work in excess of 5 clock hours are first | ||||||
12 | completed on other school
days to compensate for the loss | ||||||
13 | of school work on the examination days. | ||||||
14 | (j) Pupils enrolled in a remote educational program | ||||||
15 | established under Section 10-29 of this Code may be counted | ||||||
16 | on the basis of one-fifth day of attendance for every clock | ||||||
17 | hour of instruction attended in the remote educational | ||||||
18 | program, provided that, in any month, the school district | ||||||
19 | may not claim for a student enrolled in a remote | ||||||
20 | educational program more days of attendance than the | ||||||
21 | maximum number of days of attendance the district can claim | ||||||
22 | (i) for students enrolled in a building holding year-round | ||||||
23 | classes if the student is classified as participating in | ||||||
24 | the remote educational program on a year-round schedule or | ||||||
25 | (ii) for students enrolled in a building not holding | ||||||
26 | year-round classes if the student is not classified as |
| |||||||
| |||||||
1 | participating in the remote educational program on a | ||||||
2 | year-round schedule.
| ||||||
3 | (G) Equalized Assessed Valuation Data. | ||||||
4 | (1) For purposes of the calculation of Available Local | ||||||
5 | Resources required
pursuant to subsection (D), the
State Board | ||||||
6 | of Education shall secure from the Department of
Revenue the | ||||||
7 | value as equalized or assessed by the Department of Revenue of
| ||||||
8 | all taxable property of every school district, together with | ||||||
9 | (i) the applicable
tax rate used in extending taxes for the | ||||||
10 | funds of the district as of
September 30 of the previous year
| ||||||
11 | and (ii) the limiting rate for all school
districts subject to | ||||||
12 | property tax extension limitations as imposed under the
| ||||||
13 | Property Tax Extension Limitation Law.
| ||||||
14 | The Department of Revenue shall add to the equalized | ||||||
15 | assessed value of all
taxable
property of each school district | ||||||
16 | situated entirely or partially within a county
that is or was | ||||||
17 | subject to the
provisions of Section 15-176 or 15-177 of the | ||||||
18 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
19 | which the
homestead exemption allowed under Section 15-176 or | ||||||
20 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
21 | that school district exceeds the total amount that would
have | ||||||
22 | been
allowed in that school district if the maximum reduction | ||||||
23 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
24 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
25 | counties in tax year 2004 and thereafter and (b) an amount |
| |||||||
| |||||||
1 | equal to the aggregate amount for the taxable year of all | ||||||
2 | additional exemptions under Section 15-175 of the Property Tax | ||||||
3 | Code for owners with a household income of $30,000 or less. The | ||||||
4 | county clerk of any county that is or was subject to the | ||||||
5 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
6 | shall
annually calculate and certify to the Department of | ||||||
7 | Revenue for each school
district all
homestead exemption | ||||||
8 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
9 | and all amounts of additional exemptions under Section 15-175 | ||||||
10 | of the Property Tax Code for owners with a household income of | ||||||
11 | $30,000 or less. It is the intent of this paragraph that if the | ||||||
12 | general homestead exemption for a parcel of property is | ||||||
13 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
14 | Code rather than Section 15-175, then the calculation of | ||||||
15 | Available Local Resources shall not be affected by the | ||||||
16 | difference, if any, between the amount of the general homestead | ||||||
17 | exemption allowed for that parcel of property under Section | ||||||
18 | 15-176 or 15-177 of the Property Tax Code and the amount that | ||||||
19 | would have been allowed had the general homestead exemption for | ||||||
20 | that parcel of property been determined under Section 15-175 of | ||||||
21 | the Property Tax Code. It is further the intent of this | ||||||
22 | paragraph that if additional exemptions are allowed under | ||||||
23 | Section 15-175 of the Property Tax Code for owners with a | ||||||
24 | household income of less than $30,000, then the calculation of | ||||||
25 | Available Local Resources shall not be affected by the | ||||||
26 | difference, if any, because of those additional exemptions. |
| |||||||
| |||||||
1 | This equalized assessed valuation, as adjusted further by | ||||||
2 | the requirements of
this subsection, shall be utilized in the | ||||||
3 | calculation of Available Local
Resources. | ||||||
4 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
5 | be adjusted, as
applicable, in the following manner: | ||||||
6 | (a) For the purposes of calculating State aid under | ||||||
7 | this Section,
with respect to any part of a school district | ||||||
8 | within a redevelopment
project area in respect to which a | ||||||
9 | municipality has adopted tax
increment allocation | ||||||
10 | financing pursuant to the Tax Increment Allocation
| ||||||
11 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
12 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
13 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
14 | Illinois Municipal Code, no part of the current equalized
| ||||||
15 | assessed valuation of real property located in any such | ||||||
16 | project area which is
attributable to an increase above the | ||||||
17 | total initial equalized assessed
valuation of such | ||||||
18 | property shall be used as part of the equalized assessed
| ||||||
19 | valuation of the district, until such time as all
| ||||||
20 | redevelopment project costs have been paid, as provided in | ||||||
21 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
22 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
23 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
24 | equalized assessed valuation of the
district, the total | ||||||
25 | initial equalized assessed valuation or the current
| ||||||
26 | equalized assessed valuation, whichever is lower, shall be |
| |||||||
| |||||||
1 | used until
such time as all redevelopment project costs | ||||||
2 | have been paid. | ||||||
3 | (b) The real property equalized assessed valuation for | ||||||
4 | a school district
shall be adjusted by subtracting from the | ||||||
5 | real property
value as equalized or assessed by the | ||||||
6 | Department of Revenue for the
district an amount computed | ||||||
7 | by dividing the amount of any abatement of
taxes under | ||||||
8 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
9 | district
maintaining grades kindergarten through 12, by | ||||||
10 | 2.30% for a district
maintaining grades kindergarten | ||||||
11 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
12 | through 12 and adjusted by an amount computed by dividing
| ||||||
13 | the amount of any abatement of taxes under subsection (a) | ||||||
14 | of Section 18-165 of
the Property Tax Code by the same | ||||||
15 | percentage rates for district type as
specified in this | ||||||
16 | subparagraph (b). | ||||||
17 | (3) For the 1999-2000 school year and each school year | ||||||
18 | thereafter, if a
school district meets all of the criteria of | ||||||
19 | this subsection (G)(3), the school
district's Available Local | ||||||
20 | Resources shall be calculated under subsection (D)
using the | ||||||
21 | district's Extension Limitation Equalized Assessed Valuation | ||||||
22 | as
calculated under this
subsection (G)(3). | ||||||
23 | For purposes of this subsection (G)(3) the following terms | ||||||
24 | shall have
the following meanings: | ||||||
25 | "Budget Year": The school year for which general State | ||||||
26 | aid is calculated
and
awarded under subsection (E). |
| |||||||
| |||||||
1 | "Base Tax Year": The property tax levy year used to | ||||||
2 | calculate the Budget
Year
allocation of general State aid. | ||||||
3 | "Preceding Tax Year": The property tax levy year | ||||||
4 | immediately preceding the
Base Tax Year. | ||||||
5 | "Base Tax Year's Tax Extension": The product of the | ||||||
6 | equalized assessed
valuation utilized by the County Clerk | ||||||
7 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
8 | calculated by the County Clerk and defined in the Property | ||||||
9 | Tax
Extension Limitation Law. | ||||||
10 | "Preceding Tax Year's Tax Extension": The product of | ||||||
11 | the equalized assessed
valuation utilized by the County | ||||||
12 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
13 | Tax Rate as defined in subsection (A). | ||||||
14 | "Extension Limitation Ratio": A numerical ratio, | ||||||
15 | certified by the
County Clerk, in which the numerator is | ||||||
16 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
17 | the Preceding Tax Year's Tax Extension. | ||||||
18 | "Operating Tax Rate": The operating tax rate as defined | ||||||
19 | in subsection (A). | ||||||
20 | If a school district is subject to property tax extension | ||||||
21 | limitations as
imposed under
the Property Tax Extension | ||||||
22 | Limitation Law, the State Board of Education shall
calculate | ||||||
23 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
24 | district. For the 1999-2000 school
year, the
Extension | ||||||
25 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
26 | calculated by the State Board of Education shall be equal to |
| |||||||
| |||||||
1 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
2 | and the district's Extension
Limitation Ratio. Except as | ||||||
3 | otherwise provided in this paragraph for a school district that | ||||||
4 | has approved or does approve an increase in its limiting rate, | ||||||
5 | for the 2000-2001 school year and each school year
thereafter,
| ||||||
6 | the Extension Limitation Equalized Assessed Valuation of a | ||||||
7 | school district as
calculated by the State Board of Education | ||||||
8 | shall be equal to the product of
the Equalized Assessed | ||||||
9 | Valuation last used in the calculation of general State
aid and | ||||||
10 | the
district's Extension Limitation Ratio. If the Extension | ||||||
11 | Limitation
Equalized
Assessed Valuation of a school district as | ||||||
12 | calculated under
this subsection (G)(3) is less than the | ||||||
13 | district's equalized assessed valuation
as calculated pursuant | ||||||
14 | to subsections (G)(1) and (G)(2), then for purposes of
| ||||||
15 | calculating the district's general State aid for the Budget | ||||||
16 | Year pursuant to
subsection (E), that Extension
Limitation | ||||||
17 | Equalized Assessed Valuation shall be utilized to calculate the
| ||||||
18 | district's Available Local Resources
under subsection (D). For | ||||||
19 | the 2009-2010 school year and each school year thereafter, if a | ||||||
20 | school district has approved or does approve an increase in its | ||||||
21 | limiting rate, pursuant to Section 18-190 of the Property Tax | ||||||
22 | Code, affecting the Base Tax Year, the Extension Limitation | ||||||
23 | Equalized Assessed Valuation of the school district, as | ||||||
24 | calculated by the State Board of Education, shall be equal to | ||||||
25 | the product of the Equalized Assessed Valuation last used in | ||||||
26 | the calculation of general State aid times an amount equal to |
| |||||||
| |||||||
1 | one plus the percentage increase, if any, in the Consumer Price | ||||||
2 | Index for all Urban Consumers for all items published by the | ||||||
3 | United States Department of Labor for the 12-month calendar | ||||||
4 | year preceding the Base Tax Year, plus the Equalized Assessed | ||||||
5 | Valuation of new property, annexed property, and recovered tax | ||||||
6 | increment value and minus the Equalized Assessed Valuation of | ||||||
7 | disconnected property. New property and recovered tax | ||||||
8 | increment value shall have the meanings set forth in the | ||||||
9 | Property Tax Extension Limitation Law. | ||||||
10 | Partial elementary unit districts created in accordance | ||||||
11 | with Article 11E of this Code shall not be eligible for the | ||||||
12 | adjustment in this subsection (G)(3) until the fifth year | ||||||
13 | following the effective date of the reorganization.
| ||||||
14 | (3.5) For the 2010-2011 school year and each school year | ||||||
15 | thereafter, if a school district's boundaries span multiple | ||||||
16 | counties, then the Department of Revenue shall send to the | ||||||
17 | State Board of Education, for the purpose of calculating | ||||||
18 | general State aid, the limiting rate and individual rates by | ||||||
19 | purpose for the county that contains the majority of the school | ||||||
20 | district's Equalized Assessed Valuation. | ||||||
21 | (4) For the purposes of calculating general State aid for | ||||||
22 | the 1999-2000
school year only, if a school district | ||||||
23 | experienced a triennial reassessment on
the equalized assessed | ||||||
24 | valuation used in calculating its general State
financial aid | ||||||
25 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
26 | Education shall calculate the Extension Limitation Equalized |
| |||||||
| |||||||
1 | Assessed Valuation
that would have been used to calculate the | ||||||
2 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
3 | the product of the equalized assessed valuation
used to
| ||||||
4 | calculate general State aid for the 1997-1998 school year and | ||||||
5 | the district's
Extension Limitation Ratio. If the Extension | ||||||
6 | Limitation Equalized Assessed
Valuation of the school district | ||||||
7 | as calculated under this paragraph (4) is
less than the | ||||||
8 | district's equalized assessed valuation utilized in | ||||||
9 | calculating
the
district's 1998-1999 general State aid | ||||||
10 | allocation, then for purposes of
calculating the district's | ||||||
11 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
12 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
13 | be utilized to
calculate the district's Available Local | ||||||
14 | Resources. | ||||||
15 | (5) For school districts having a majority of their | ||||||
16 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
17 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
18 | aid allocated to the school district for the
1999-2000 school | ||||||
19 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
20 | this Section is less than the amount of general State aid | ||||||
21 | allocated to the
district for the 1998-1999 school year under | ||||||
22 | these subsections, then the
general
State aid of the district | ||||||
23 | for the 1999-2000 school year only shall be increased
by the | ||||||
24 | difference between these amounts. The total payments made under | ||||||
25 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
26 | be prorated if they
exceed $14,000,000.
|
| |||||||
| |||||||
1 | (H) Supplemental General State Aid. | ||||||
2 | (1) In addition to the general State aid a school district | ||||||
3 | is allotted
pursuant to subsection (E), qualifying school | ||||||
4 | districts shall receive a grant,
paid in conjunction with a | ||||||
5 | district's payments of general State aid, for
supplemental | ||||||
6 | general State aid based upon the concentration level of | ||||||
7 | children
from low-income households within the school | ||||||
8 | district.
Supplemental State aid grants provided for school | ||||||
9 | districts under this
subsection shall be appropriated for | ||||||
10 | distribution to school districts as part
of the same line item | ||||||
11 | in which the general State financial aid of school
districts is | ||||||
12 | appropriated under this Section.
| ||||||
13 | (1.5) This paragraph (1.5) applies only to those school | ||||||
14 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
15 | subsection (H), the term "Low-Income Concentration Level" | ||||||
16 | shall be the
low-income
eligible pupil count from the most | ||||||
17 | recently available federal census divided by
the Average Daily | ||||||
18 | Attendance of the school district.
If, however, (i) the | ||||||
19 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
20 | the low-income eligible pupil count of a high school district | ||||||
21 | with fewer
than 400 students exceeds by 75% or more the | ||||||
22 | percentage change in the total
low-income eligible pupil count | ||||||
23 | of contiguous elementary school districts,
whose boundaries | ||||||
24 | are coterminous with the high school district,
or (ii) a high | ||||||
25 | school district within 2 counties and serving 5 elementary
|
| |||||||
| |||||||
1 | school
districts, whose boundaries are coterminous with the | ||||||
2 | high school
district, has a percentage decrease from the 2 most | ||||||
3 | recent federal
censuses in the low-income eligible pupil count | ||||||
4 | and there is a percentage
increase in the total low-income | ||||||
5 | eligible pupil count of a majority of the
elementary school | ||||||
6 | districts in excess of 50% from the 2 most recent
federal | ||||||
7 | censuses, then
the
high school district's low-income eligible | ||||||
8 | pupil count from the earlier federal
census
shall be the number | ||||||
9 | used as the low-income eligible pupil count for the high
school | ||||||
10 | district, for purposes of this subsection (H).
The changes made | ||||||
11 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
12 | supplemental general State aid
grants for school years | ||||||
13 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
14 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
15 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
16 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
17 | repealed on July 1, 1998), and any high school district that is | ||||||
18 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
19 | its supplemental general State aid grant or State aid
paid in | ||||||
20 | any of those fiscal years. This recomputation shall not be
| ||||||
21 | affected by any other funding. | ||||||
22 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
23 | school year
and each school year thereafter. For purposes of | ||||||
24 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
25 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
26 | count
as of July 1 of the immediately preceding fiscal year
(as |
| |||||||
| |||||||
1 | determined by the Department of Human Services based
on the | ||||||
2 | number of pupils
who are eligible for at least one of the | ||||||
3 | following
low income programs: Medicaid, the Children's Health | ||||||
4 | Insurance Program, TANF, or Food Stamps,
excluding pupils who | ||||||
5 | are eligible for services provided by the Department
of | ||||||
6 | Children and Family Services,
averaged over
the 2 immediately | ||||||
7 | preceding fiscal years for fiscal year 2004 and over the 3
| ||||||
8 | immediately preceding fiscal years for each fiscal year | ||||||
9 | thereafter)
divided by the Average Daily Attendance of the | ||||||
10 | school district. | ||||||
11 | (2) Supplemental general State aid pursuant to this | ||||||
12 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
13 | 1999-2000, and 2000-2001 school years
only: | ||||||
14 | (a) For any school district with a Low Income | ||||||
15 | Concentration Level of at
least 20% and less than 35%, the | ||||||
16 | grant for any school year
shall be $800
multiplied by the | ||||||
17 | low income eligible pupil count. | ||||||
18 | (b) For any school district with a Low Income | ||||||
19 | Concentration Level of at
least 35% and less than 50%, the | ||||||
20 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
21 | multiplied by the low income eligible pupil count. | ||||||
22 | (c) For any school district with a Low Income | ||||||
23 | Concentration Level of at
least 50% and less than 60%, the | ||||||
24 | grant for the 1998-99 school year shall be
$1,500 | ||||||
25 | multiplied by the low income eligible pupil count. | ||||||
26 | (d) For any school district with a Low Income |
| |||||||
| |||||||
1 | Concentration Level of 60%
or more, the grant for the | ||||||
2 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
3 | income eligible pupil count. | ||||||
4 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
5 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
6 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
7 | respectively. | ||||||
8 | (f) For the 2000-2001 school year, the per pupil | ||||||
9 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
10 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
11 | respectively. | ||||||
12 | (2.5) Supplemental general State aid pursuant to this | ||||||
13 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
14 | school year: | ||||||
15 | (a) For any school district with a Low Income | ||||||
16 | Concentration Level of less
than 10%, the grant for each | ||||||
17 | school year shall be $355 multiplied by the low
income | ||||||
18 | eligible pupil count. | ||||||
19 | (b) For any school district with a Low Income | ||||||
20 | Concentration
Level of at least 10% and less than 20%, the | ||||||
21 | grant for each school year shall
be $675
multiplied by the | ||||||
22 | low income eligible pupil
count. | ||||||
23 | (c) For any school district with a Low Income | ||||||
24 | Concentration
Level of at least 20% and less than 35%, the | ||||||
25 | grant for each school year shall
be $1,330
multiplied by | ||||||
26 | the low income eligible pupil
count. |
| |||||||
| |||||||
1 | (d) For any school district with a Low Income | ||||||
2 | Concentration
Level of at least 35% and less than 50%, the | ||||||
3 | grant for each school year shall
be $1,362
multiplied by | ||||||
4 | the low income eligible pupil
count. | ||||||
5 | (e) For any school district with a Low Income | ||||||
6 | Concentration
Level of at least 50% and less than 60%, the | ||||||
7 | grant for each school year shall
be $1,680
multiplied by | ||||||
8 | the low income eligible pupil
count. | ||||||
9 | (f) For any school district with a Low Income | ||||||
10 | Concentration
Level of 60% or more, the grant for each | ||||||
11 | school year shall be $2,080
multiplied by the low income | ||||||
12 | eligible pupil count. | ||||||
13 | (2.10) Except as otherwise provided, supplemental general | ||||||
14 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
15 | follows for the 2003-2004 school year and each
school year | ||||||
16 | thereafter: | ||||||
17 | (a) For any school district with a Low Income | ||||||
18 | Concentration
Level of 15% or less, the grant for each | ||||||
19 | school year
shall be $355 multiplied by the low income | ||||||
20 | eligible pupil count. | ||||||
21 | (b) For any school district with a Low Income | ||||||
22 | Concentration
Level greater than 15%, the grant for each | ||||||
23 | school year shall be
$294.25 added to the product of $2,700 | ||||||
24 | and the square of the Low
Income Concentration Level, all | ||||||
25 | multiplied by the low income
eligible pupil count. | ||||||
26 | For the 2003-2004 school year and each school year |
| |||||||
| |||||||
1 | thereafter through the 2008-2009 school year only, the grant | ||||||
2 | shall be no less than the
grant
for
the 2002-2003 school year. | ||||||
3 | For the 2009-2010 school year only, the grant shall
be no
less | ||||||
4 | than the grant for the 2002-2003 school year multiplied by | ||||||
5 | 0.66. For the 2010-2011
school year only, the grant shall be no | ||||||
6 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
7 | 0.33. Notwithstanding the provisions of this paragraph to the | ||||||
8 | contrary, if for any school year supplemental general State aid | ||||||
9 | grants are prorated as provided in paragraph (1) of this | ||||||
10 | subsection (H), then the grants under this paragraph shall be | ||||||
11 | prorated.
| ||||||
12 | For the 2003-2004 school year only, the grant shall be no | ||||||
13 | greater
than the grant received during the 2002-2003 school | ||||||
14 | year added to the
product of 0.25 multiplied by the difference | ||||||
15 | between the grant amount
calculated under subsection (a) or (b) | ||||||
16 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
17 | grant received during the 2002-2003 school year.
For the | ||||||
18 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
19 | the grant received during the 2002-2003 school year added to | ||||||
20 | the
product of 0.50 multiplied by the difference between the | ||||||
21 | grant amount
calculated under subsection (a) or (b) of this | ||||||
22 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
23 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
24 | school year only, the grant shall be no greater than
the grant | ||||||
25 | received during the 2002-2003 school year added to the
product | ||||||
26 | of 0.75 multiplied by the difference between the grant amount
|
| |||||||
| |||||||
1 | calculated under subsection (a) or (b) of this paragraph | ||||||
2 | (2.10), whichever
is applicable, and the grant received during | ||||||
3 | the 2002-2003
school year. | ||||||
4 | (3) School districts with an Average Daily Attendance of | ||||||
5 | more than 1,000
and less than 50,000 that qualify for | ||||||
6 | supplemental general State aid pursuant
to this subsection | ||||||
7 | shall submit a plan to the State Board of Education prior to
| ||||||
8 | October 30 of each year for the use of the funds resulting from | ||||||
9 | this grant of
supplemental general State aid for the | ||||||
10 | improvement of
instruction in which priority is given to | ||||||
11 | meeting the education needs of
disadvantaged children. Such | ||||||
12 | plan shall be submitted in accordance with
rules and | ||||||
13 | regulations promulgated by the State Board of Education. | ||||||
14 | (4) School districts with an Average Daily Attendance of | ||||||
15 | 50,000 or more
that qualify for supplemental general State aid | ||||||
16 | pursuant to this subsection
shall be required to distribute | ||||||
17 | from funds available pursuant to this Section,
no less than | ||||||
18 | $261,000,000 in accordance with the following requirements: | ||||||
19 | (a) The required amounts shall be distributed to the | ||||||
20 | attendance centers
within the district in proportion to the | ||||||
21 | number of pupils enrolled at each
attendance center who are | ||||||
22 | eligible to receive free or reduced-price lunches or
| ||||||
23 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
24 | and under the National
School Lunch Act during the | ||||||
25 | immediately preceding school year. | ||||||
26 | (b) The distribution of these portions of supplemental |
| |||||||
| |||||||
1 | and general State
aid among attendance centers according to | ||||||
2 | these requirements shall not be
compensated for or | ||||||
3 | contravened by adjustments of the total of other funds
| ||||||
4 | appropriated to any attendance centers, and the Board of | ||||||
5 | Education shall
utilize funding from one or several sources | ||||||
6 | in order to fully implement this
provision annually prior | ||||||
7 | to the opening of school. | ||||||
8 | (c) Each attendance center shall be provided by the
| ||||||
9 | school district a distribution of noncategorical funds and | ||||||
10 | other
categorical funds to which an attendance center is | ||||||
11 | entitled under law in
order that the general State aid and | ||||||
12 | supplemental general State aid provided
by application of | ||||||
13 | this subsection supplements rather than supplants the
| ||||||
14 | noncategorical funds and other categorical funds provided | ||||||
15 | by the school
district to the attendance centers. | ||||||
16 | (d) Any funds made available under this subsection that | ||||||
17 | by reason of the
provisions of this subsection are not
| ||||||
18 | required to be allocated and provided to attendance centers | ||||||
19 | may be used and
appropriated by the board of the district | ||||||
20 | for any lawful school purpose. | ||||||
21 | (e) Funds received by an attendance center
pursuant to | ||||||
22 | this
subsection shall be used
by the attendance center at | ||||||
23 | the discretion
of the principal and local school council | ||||||
24 | for programs to improve educational
opportunities at | ||||||
25 | qualifying schools through the following programs and
| ||||||
26 | services: early childhood education, reduced class size or |
| |||||||
| |||||||
1 | improved adult to
student classroom ratio, enrichment | ||||||
2 | programs, remedial assistance, attendance
improvement, and | ||||||
3 | other educationally beneficial expenditures which
| ||||||
4 | supplement
the regular and basic programs as determined by | ||||||
5 | the State Board of Education.
Funds provided shall not be | ||||||
6 | expended for any political or lobbying purposes
as defined | ||||||
7 | by board rule. | ||||||
8 | (f) Each district subject to the provisions of this | ||||||
9 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
10 | the educational needs of disadvantaged children, in
| ||||||
11 | compliance with the requirements of this paragraph, to the | ||||||
12 | State Board of
Education prior to July 15 of each year. | ||||||
13 | This plan shall be consistent with the
decisions of local | ||||||
14 | school councils concerning the school expenditure plans
| ||||||
15 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
16 | State Board shall
approve or reject the plan within 60 days | ||||||
17 | after its submission. If the plan is
rejected, the district | ||||||
18 | shall give written notice of intent to modify the plan
| ||||||
19 | within 15 days of the notification of rejection and then | ||||||
20 | submit a modified plan
within 30 days after the date of the | ||||||
21 | written notice of intent to modify.
Districts may amend | ||||||
22 | approved plans pursuant to rules promulgated by the State
| ||||||
23 | Board of Education. | ||||||
24 | Upon notification by the State Board of Education that | ||||||
25 | the district has
not submitted a plan prior to July 15 or a | ||||||
26 | modified plan within the time
period specified herein, the
|
| |||||||
| |||||||
1 | State aid funds affected by that plan or modified plan | ||||||
2 | shall be withheld by the
State Board of Education until a | ||||||
3 | plan or modified plan is submitted. | ||||||
4 | If the district fails to distribute State aid to | ||||||
5 | attendance centers in
accordance with an approved plan, the | ||||||
6 | plan for the following year shall
allocate funds, in | ||||||
7 | addition to the funds otherwise required by this
| ||||||
8 | subsection, to those attendance centers which were | ||||||
9 | underfunded during the
previous year in amounts equal to | ||||||
10 | such underfunding. | ||||||
11 | For purposes of determining compliance with this | ||||||
12 | subsection in relation
to the requirements of attendance | ||||||
13 | center funding, each district subject to the
provisions of | ||||||
14 | this
subsection shall submit as a separate document by | ||||||
15 | December 1 of each year a
report of expenditure data for | ||||||
16 | the prior year in addition to any
modification of its | ||||||
17 | current plan. If it is determined that there has been
a | ||||||
18 | failure to comply with the expenditure provisions of this | ||||||
19 | subsection
regarding contravention or supplanting, the | ||||||
20 | State Superintendent of
Education shall, within 60 days of | ||||||
21 | receipt of the report, notify the
district and any affected | ||||||
22 | local school council. The district shall within
45 days of | ||||||
23 | receipt of that notification inform the State | ||||||
24 | Superintendent of
Education of the remedial or corrective | ||||||
25 | action to be taken, whether by
amendment of the current | ||||||
26 | plan, if feasible, or by adjustment in the plan
for the |
| |||||||
| |||||||
1 | following year. Failure to provide the expenditure report | ||||||
2 | or the
notification of remedial or corrective action in a | ||||||
3 | timely manner shall
result in a withholding of the affected | ||||||
4 | funds. | ||||||
5 | The State Board of Education shall promulgate rules and | ||||||
6 | regulations
to implement the provisions of this | ||||||
7 | subsection. No funds shall be released
under this | ||||||
8 | subdivision (H)(4) to any district that has not submitted a | ||||||
9 | plan
that has been approved by the State Board of | ||||||
10 | Education.
| ||||||
11 | (I) (Blank).
| ||||||
12 | (J) (Blank).
| ||||||
13 | (K) Grants to Laboratory and Alternative Schools. | ||||||
14 | In calculating the amount to be paid to the governing board | ||||||
15 | of a public
university that operates a laboratory school under | ||||||
16 | this Section or to any
alternative school that is operated by a | ||||||
17 | regional superintendent of schools,
the State
Board of | ||||||
18 | Education shall require by rule such reporting requirements as | ||||||
19 | it
deems necessary. | ||||||
20 | As used in this Section, "laboratory school" means a public | ||||||
21 | school which is
created and operated by a public university and | ||||||
22 | approved by the State Board of
Education. The governing board | ||||||
23 | of a public university which receives funds
from the State |
| |||||||
| |||||||
1 | Board under this subsection (K) may not increase the number of
| ||||||
2 | students enrolled in its laboratory
school from a single | ||||||
3 | district, if that district is already sending 50 or more
| ||||||
4 | students, except under a mutual agreement between the school | ||||||
5 | board of a
student's district of residence and the university | ||||||
6 | which operates the
laboratory school. A laboratory school may | ||||||
7 | not have more than 1,000 students,
excluding students with | ||||||
8 | disabilities in a special education program. | ||||||
9 | As used in this Section, "alternative school" means a | ||||||
10 | public school which is
created and operated by a Regional | ||||||
11 | Superintendent of Schools and approved by
the State Board of | ||||||
12 | Education. Such alternative schools may offer courses of
| ||||||
13 | instruction for which credit is given in regular school | ||||||
14 | programs, courses to
prepare students for the high school | ||||||
15 | equivalency testing program or vocational
and occupational | ||||||
16 | training. A regional superintendent of schools may contract
| ||||||
17 | with a school district or a public community college district | ||||||
18 | to operate an
alternative school. An alternative school serving | ||||||
19 | more than one educational
service region may be established by | ||||||
20 | the regional superintendents of schools
of the affected | ||||||
21 | educational service regions. An alternative school
serving | ||||||
22 | more than one educational service region may be operated under | ||||||
23 | such
terms as the regional superintendents of schools of those | ||||||
24 | educational service
regions may agree. | ||||||
25 | Each laboratory and alternative school shall file, on forms | ||||||
26 | provided by the
State Superintendent of Education, an annual |
| |||||||
| |||||||
1 | State aid claim which states the
Average Daily Attendance of | ||||||
2 | the school's students by month. The best 3 months'
Average | ||||||
3 | Daily Attendance shall be computed for each school.
The general | ||||||
4 | State aid entitlement shall be computed by multiplying the
| ||||||
5 | applicable Average Daily Attendance by the Foundation Level as | ||||||
6 | determined under
this Section.
| ||||||
7 | (L) Payments, Additional Grants in Aid and Other Requirements. | ||||||
8 | (1) For a school district operating under the financial | ||||||
9 | supervision
of an Authority created under Article 34A, the | ||||||
10 | general State aid otherwise
payable to that district under this | ||||||
11 | Section, but not the supplemental general
State aid, shall be | ||||||
12 | reduced by an amount equal to the budget for
the operations of | ||||||
13 | the Authority as certified by the Authority to the State
Board | ||||||
14 | of Education, and an amount equal to such reduction shall be | ||||||
15 | paid
to the Authority created for such district for its | ||||||
16 | operating expenses in
the manner provided in Section 18-11. The | ||||||
17 | remainder
of general State school aid for any such district | ||||||
18 | shall be paid in accordance
with Article 34A when that Article | ||||||
19 | provides for a disposition other than that
provided by this | ||||||
20 | Article. | ||||||
21 | (2) (Blank). | ||||||
22 | (3) Summer school. Summer school payments shall be made as | ||||||
23 | provided in
Section 18-4.3.
| ||||||
24 | (M) Education Funding Advisory Board. |
| |||||||
| |||||||
1 | The Education Funding Advisory
Board, hereinafter in this | ||||||
2 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
3 | The Board
shall consist of 5 members who are appointed by the | ||||||
4 | Governor, by and with the
advice and consent of the Senate. The | ||||||
5 | members appointed shall include
representatives of education, | ||||||
6 | business, and the general public. One of the
members so | ||||||
7 | appointed shall be
designated by the Governor at the time the | ||||||
8 | appointment is made as the
chairperson of the
Board.
The | ||||||
9 | initial members of the Board may
be appointed any time after | ||||||
10 | the effective date of this amendatory Act of
1997. The regular | ||||||
11 | term of each member of the
Board shall be for 4 years from the | ||||||
12 | third Monday of January of the
year in which the term of the | ||||||
13 | member's appointment is to commence, except that
of the 5 | ||||||
14 | initial members appointed to serve on the
Board, the member who | ||||||
15 | is appointed as the chairperson shall serve for
a term that | ||||||
16 | commences on the date of his or her appointment and expires on | ||||||
17 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
18 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
19 | after all 5 members are appointed, shall determine 2 of their | ||||||
20 | number to serve
for terms that commence on the date of their
| ||||||
21 | respective appointments and expire on the third
Monday of | ||||||
22 | January, 2001,
and 2 of their number to serve for terms that | ||||||
23 | commence
on the date of their respective appointments and | ||||||
24 | expire on the third Monday
of January, 2000. All members | ||||||
25 | appointed to serve on the
Board shall serve until their | ||||||
26 | respective successors are
appointed and confirmed. Vacancies |
| |||||||
| |||||||
1 | shall be filled in the same manner as
original appointments. If | ||||||
2 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
3 | in session, the Governor shall make a temporary appointment | ||||||
4 | until
the next meeting of the Senate, when he or she shall | ||||||
5 | appoint, by and with the
advice and consent of the Senate, a | ||||||
6 | person to fill that membership for the
unexpired term. If the | ||||||
7 | Senate is not in session when the initial appointments
are | ||||||
8 | made, those appointments shall
be made as in the case of | ||||||
9 | vacancies. | ||||||
10 | The Education Funding Advisory Board shall be deemed | ||||||
11 | established,
and the initial
members appointed by the Governor | ||||||
12 | to serve as members of the
Board shall take office,
on the date | ||||||
13 | that the
Governor makes his or her appointment of the fifth | ||||||
14 | initial member of the
Board, whether those initial members are | ||||||
15 | then serving
pursuant to appointment and confirmation or | ||||||
16 | pursuant to temporary appointments
that are made by the | ||||||
17 | Governor as in the case of vacancies. | ||||||
18 | The State Board of Education shall provide such staff | ||||||
19 | assistance to the
Education Funding Advisory Board as is | ||||||
20 | reasonably required for the proper
performance by the Board of | ||||||
21 | its responsibilities. | ||||||
22 | For school years after the 2000-2001 school year, the | ||||||
23 | Education
Funding Advisory Board, in consultation with the | ||||||
24 | State Board of Education,
shall make recommendations as | ||||||
25 | provided in this subsection (M) to the General
Assembly for the | ||||||
26 | foundation level under subdivision (B)(3) of this Section and
|
| |||||||
| |||||||
1 | for the
supplemental general State aid grant level under | ||||||
2 | subsection (H) of this Section
for districts with high | ||||||
3 | concentrations of children from poverty. The
recommended | ||||||
4 | foundation level shall be determined based on a methodology | ||||||
5 | which
incorporates the basic education expenditures of | ||||||
6 | low-spending schools
exhibiting high academic performance. The | ||||||
7 | Education Funding Advisory Board
shall make such | ||||||
8 | recommendations to the General Assembly on January 1 of odd
| ||||||
9 | numbered years, beginning January 1, 2001.
| ||||||
10 | (N) (Blank).
| ||||||
11 | (O) References. | ||||||
12 | (1) References in other laws to the various subdivisions of
| ||||||
13 | Section 18-8 as that Section existed before its repeal and | ||||||
14 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
15 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
16 | extent that those references remain applicable. | ||||||
17 | (2) References in other laws to State Chapter 1 funds shall | ||||||
18 | be deemed to
refer to the supplemental general State aid | ||||||
19 | provided under subsection (H) of
this Section. | ||||||
20 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
21 | changes to this Section. Under Section 6 of the Statute on | ||||||
22 | Statutes there is an irreconcilable conflict between Public Act | ||||||
23 | 93-808 and Public Act 93-838. Public Act 93-838, being the last |
| |||||||
| |||||||
1 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
2 | the law regardless of the text of Public Act 93-808. | ||||||
3 | (Q) State Fiscal Year 2015 Payments. | ||||||
4 | For payments made for State fiscal year 2015, the State | ||||||
5 | Board of Education shall, for each school district, calculate | ||||||
6 | that district's pro-rata share of a minimum sum of $13,600,000 | ||||||
7 | or additional amounts as needed from the total net General | ||||||
8 | State Aid funding as calculated under this Section that shall | ||||||
9 | be deemed attributable to the provision of special educational | ||||||
10 | facilities and services, as defined in Section 14-1.08 of this | ||||||
11 | Code, in a manner that ensures compliance with maintenance of | ||||||
12 | State financial support requirements under the federal | ||||||
13 | Individuals with Disabilities Education Act. Each school | ||||||
14 | district must use such funds only for the provision of special | ||||||
15 | educational facilities and services, as defined in Section | ||||||
16 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
17 | verification procedures adopted by the State Board of | ||||||
18 | Education. | ||||||
19 | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15.)
| ||||||
20 | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| ||||||
21 | Sec. 18-12. Dates for filing State aid claims. The school | ||||||
22 | board of
each school district shall require teachers, | ||||||
23 | principals, or
superintendents to furnish from records kept by | ||||||
24 | them such data as it
needs in preparing and certifying to the
|
| |||||||
| |||||||
1 | regional superintendent its school district report of claims | ||||||
2 | provided in
Sections 18-8.05 through 18-9 as required by the | ||||||
3 | State
Superintendent of Education. The district claim
shall be | ||||||
4 | based on the latest available equalized assessed valuation and | ||||||
5 | tax
rates, as provided in Section 18-8.05 and shall use the | ||||||
6 | average
daily
attendance as determined by the method outlined | ||||||
7 | in Section 18-8.05
and shall be
certified and filed with the | ||||||
8 | regional superintendent by June 21
for districts with an
| ||||||
9 | official
school calendar end date before June 15 or within 2 | ||||||
10 | weeks following the
official school calendar end date for | ||||||
11 | districts with a school year end date
of June 15 or later. The | ||||||
12 | regional superintendent shall certify and file
with the State | ||||||
13 | Superintendent of Education district State aid claims by
July 1 | ||||||
14 | for districts with an official school calendar end date before | ||||||
15 | June
15 or no later than July 15 for districts with an official | ||||||
16 | school calendar
end date of June 15 or later.
Failure to
so | ||||||
17 | file by these deadlines constitutes a forfeiture of the right
| ||||||
18 | to
receive payment by
the State until such claim is filed and | ||||||
19 | vouchered for payment. The
regional superintendent of schools | ||||||
20 | shall certify the county report of claims
by July 15; and the | ||||||
21 | State Superintendent of Education shall voucher
for payment | ||||||
22 | those claims to the State Comptroller as provided in Section | ||||||
23 | 18-11.
| ||||||
24 | Except as otherwise provided in this Section, if any school | ||||||
25 | district
fails to provide the minimum school term specified
in | ||||||
26 | Section 10-19, the State aid claim for that year shall be |
| |||||||
| |||||||
1 | reduced by the
State Superintendent of Education in an amount | ||||||
2 | equivalent to 1/176 or .56818% for
each day less than the | ||||||
3 | number of days required by this Code.
| ||||||
4 | If
the State Superintendent of Education determines that | ||||||
5 | the failure
to
provide the minimum school term was occasioned | ||||||
6 | by an act or acts of God, or
was occasioned by conditions | ||||||
7 | beyond the control of the school district
which posed a | ||||||
8 | hazardous threat to the health and safety of pupils, the
State | ||||||
9 | aid claim need not be reduced.
| ||||||
10 | If a school district is precluded from providing the | ||||||
11 | minimum hours of instruction required for a full day of | ||||||
12 | attendance due to an adverse weather condition or a condition | ||||||
13 | beyond the control of the school district that poses a | ||||||
14 | hazardous threat to the health and safety of students, then the | ||||||
15 | partial day of attendance may be counted if (i) the school | ||||||
16 | district has provided at least one hour of instruction prior to | ||||||
17 | the closure of the school district, (ii) a school building has | ||||||
18 | provided at least one hour of instruction prior to the closure | ||||||
19 | of the school building, or (iii) the normal start time of the | ||||||
20 | school district is delayed. | ||||||
21 | If, prior to providing any instruction, a school district | ||||||
22 | must close one or more but not all school buildings after | ||||||
23 | consultation with a local emergency response agency or due to a | ||||||
24 | condition beyond the control of the school district, then the | ||||||
25 | school district may claim attendance for up to 2 school days | ||||||
26 | based on the average attendance of the 3 school days |
| |||||||
| |||||||
1 | immediately preceding the closure of the affected school | ||||||
2 | building or, if approved by the State Board of Education, | ||||||
3 | utilize the provisions of an e-learning program for the | ||||||
4 | affected school building as prescribed in Section 10-20.56 of | ||||||
5 | this Code . The partial or no day of attendance described in | ||||||
6 | this Section and the reasons therefore shall be certified | ||||||
7 | within a month of the closing or delayed start by the school | ||||||
8 | district superintendent to the regional superintendent of | ||||||
9 | schools for forwarding to the State Superintendent of Education | ||||||
10 | for approval.
| ||||||
11 | Other than the utilization of any e-learning days as | ||||||
12 | prescribed in Section 10-20.56 of this Code, no No exception to | ||||||
13 | the requirement of providing a minimum school term may
be | ||||||
14 | approved by the State Superintendent of Education pursuant to | ||||||
15 | this Section
unless a school district has first used all | ||||||
16 | emergency days provided for
in its regular calendar.
| ||||||
17 | If the State Superintendent of Education declares that an | ||||||
18 | energy
shortage exists during any part of the school year for | ||||||
19 | the State or a
designated portion of the State, a district may | ||||||
20 | operate the school
attendance centers within the district 4 | ||||||
21 | days of the week during the
time of the shortage by extending | ||||||
22 | each existing school day by one clock
hour of school work, and | ||||||
23 | the State aid claim shall not be reduced, nor
shall the | ||||||
24 | employees of that district suffer any reduction in salary or
| ||||||
25 | benefits as a result thereof. A district may operate all | ||||||
26 | attendance
centers on this revised schedule, or may apply the |
| |||||||
| |||||||
1 | schedule to selected
attendance centers, taking into | ||||||
2 | consideration such factors as pupil
transportation schedules | ||||||
3 | and patterns and sources of energy for
individual attendance | ||||||
4 | centers.
| ||||||
5 | Electronically submitted State aid claims shall be | ||||||
6 | submitted by
duly authorized district or regional individuals | ||||||
7 | over a secure network
that is password protected. The | ||||||
8 | electronic submission of a State aid
claim must be accompanied | ||||||
9 | with an affirmation that all of the provisions
of Sections | ||||||
10 | 18-8.05 through 18-9, 10-22.5, and 24-4 of this Code are
met in | ||||||
11 | all respects.
| ||||||
12 | (Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08; | ||||||
13 | 95-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|