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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Community College Act is amended by
5changing Section 2-16.02 as follows:
 
6    (110 ILCS 805/2-16.02)  (from Ch. 122, par. 102-16.02)
7    Sec. 2-16.02. Grants. Any community college district that
8maintains a community college recognized by the State Board
9shall receive, when eligible, grants enumerated in this
10Section. Funded semester credit hours or other measures or both
11as specified by the State Board shall be used to distribute
12grants to community colleges. Funded semester credit hours
13shall be defined, for purposes of this Section, as the greater
14of (1) the number of semester credit hours, or equivalent, in
15all funded instructional categories of students who have been
16certified as being in attendance at midterm during the
17respective terms of the base fiscal year or (2) the average of
18semester credit hours, or equivalent, in all funded
19instructional categories of students who have been certified as
20being in attendance at midterm during the respective terms of
21the base fiscal year and the 2 prior fiscal years. For purposes
22of this Section, "base fiscal year" means the fiscal year 2
23years prior to the fiscal year for which the grants are

 

 

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1appropriated. Such students shall have been residents of
2Illinois and shall have been enrolled in courses that are part
3of instructional program categories approved by the State Board
4and that are applicable toward an associate degree or
5certificate. Courses that are eligible for reimbursement are
6those courses for which the district pays 50% or more of the
7program costs from unrestricted revenue sources, with the
8exception of courses offered by contract with the Department of
9Corrections in correctional institutions. For the purposes of
10this Section, "unrestricted revenue sources" means those
11revenues in which the provider of the revenue imposes no
12financial limitations upon the district as it relates to the
13expenditure of the funds. Except for Fiscal Year 2012, base
14operating grants shall be paid based on rates per funded
15semester credit hour or equivalent calculated by the State
16Board for funded instructional categories using cost of
17instruction, enrollment, inflation, and other relevant
18factors. For Fiscal Year 2012, the allocations for base
19operating grants to community college districts shall be the
20same as they were in Fiscal Year 2011, reduced or increased
21proportionately according to the appropriation for base
22operating grants for Fiscal Year 2012.
23    Equalization grants shall be calculated by the State Board
24by determining a local revenue factor for each district by: (A)
25adding (1) each district's Corporate Personal Property
26Replacement Fund allocations from the base fiscal year or the

 

 

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1average of the base fiscal year and prior year, whichever is
2less, divided by the applicable statewide average tax rate to
3(2) the district's most recently audited year's equalized
4assessed valuation or the average of the most recently audited
5year and prior year, whichever is less, (B) then dividing by
6the district's audited full-time equivalent resident students
7for the base fiscal year or the average for the base fiscal
8year and the 2 prior fiscal years, whichever is greater, and
9(C) then multiplying by the applicable statewide average tax
10rate. The State Board shall calculate a statewide weighted
11average threshold by applying the same methodology to the
12totals of all districts' Corporate Personal Property Tax
13Replacement Fund allocations, equalized assessed valuations,
14and audited full-time equivalent district resident students
15and multiplying by the applicable statewide average tax rate.
16The difference between the statewide weighted average
17threshold and the local revenue factor, multiplied by the
18number of full-time equivalent resident students, shall
19determine the amount of equalization funding that each district
20is eligible to receive. A percentage factor, as determined by
21the State Board, may be applied to the statewide threshold as a
22method for allocating equalization funding. A minimum
23equalization grant of an amount per district as determined by
24the State Board shall be established for any community college
25district which qualifies for an equalization grant based upon
26the preceding criteria, but becomes ineligible for

 

 

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1equalization funding, or would have received a grant of less
2than the minimum equalization grant, due to threshold
3prorations applied to reduce equalization funding. As of July
41, 2013, a community college district eligible to receive an
5equalization grant based upon the preceding criteria must
6maintain a minimum required combined in-district tuition and
7universal fee rate per semester credit hour equal to 70% of the
8State-average combined rate, as determined by the State Board,
9or the total revenue received by the community college district
10from combined in-district tuition and universal fees must be at
11least 30% of the total revenue received by the community
12college district, as determined by the State Board, for
13equalization funding. As of July 1, 2004, a community college
14district must maintain a minimum required operating tax rate
15equal to at least 95% of its maximum authorized tax rate to
16qualify for equalization funding. This 95% minimum tax rate
17requirement shall be based upon the maximum operating tax rate
18as limited by the Property Tax Extension Limitation Law.
19    The State Board shall distribute such other grants as may
20be authorized or appropriated by the General Assembly.
21    Each community college district entitled to State grants
22under this Section must submit a report of its enrollment to
23the State Board not later than 30 days following the end of
24each semester, quarter, or term in a format prescribed by the
25State Board. These semester credit hours, or equivalent, shall
26be certified by each district on forms provided by the State

 

 

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1Board. Each district's certified semester credit hours, or
2equivalent, are subject to audit pursuant to Section 3-22.1.
3    The State Board shall certify, prepare, and submit monthly
4vouchers to the State Comptroller setting forth an amount equal
5to one-twelfth of the grants approved by the State Board for
6base operating grants and equalization grants. The State Board
7shall prepare and submit to the State Comptroller vouchers for
8payments of other grants as appropriated by the General
9Assembly. If the amount appropriated for grants is different
10from the amount provided for such grants under this Act, the
11grants shall be proportionately reduced or increased
12accordingly.
13    For the purposes of this Section, "resident student" means
14a student in a community college district who maintains
15residency in that district or meets other residency definitions
16established by the State Board, and who was enrolled either in
17one of the approved instructional program categories in that
18district, or in another community college district to which the
19resident's district is paying tuition under Section 6-2 or with
20which the resident's district has entered into a cooperative
21agreement in lieu of such tuition. Students shall be classified
22as residents of the community college district without meeting
23the 30-day residency requirement of the district if they are
24currently residing in the district and are youth (i) who are
25currently under the legal guardianship of the Illinois
26Department of Children and Family Services or have recently

 

 

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1been emancipated from the Department and (ii) who had
2previously met the 30-day residency requirement of the district
3but who had a placement change into a new community college
4district. The student, a caseworker or other personnel of the
5Department, or the student's attorney or guardian ad litem
6appointed under the Juvenile Court Act of 1987 shall provide
7the district with proof of current in-district residency.
8    For the purposes of this Section, a "full-time equivalent"
9student is equal to 30 semester credit hours.
10    The Illinois Community College Board Contracts and Grants
11Fund is hereby created in the State Treasury. Items of income
12to this fund shall include any grants, awards, endowments, or
13like proceeds, and where appropriate, other funds made
14available through contracts with governmental, public, and
15private agencies or persons. The General Assembly shall from
16time to time make appropriations payable from such fund for the
17support, improvement, and expenses of the State Board and
18Illinois community college districts.
19(Source: P.A. 97-72, eff. 7-1-11; 97-1160, eff. 2-1-13; 98-46,
20eff. 6-28-13; 98-756, eff. 7-16-14.)