95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1825

 

Introduced 2/23/2007, by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.142 new
105 ILCS 5/14-7.05 new
105 ILCS 5/18-8.05
30 ILCS 805/8.31 new

    Amends the School Code. Provides that the State Board of Education shall establish and administer an Autism Scholarship Program. Provides that in the 2007-2008 school year and the 2008-2009 school year, upon receipt of an application from the parent or guardian of an eligible autistic child, the State Board shall award a scholarship to the child, which may be used only to pay tuition for the child to attend a special education program that implements the child's individualized education program and that is operated by (i) a school district other than the school district that the child has been attending or in which the child resides, (ii) another public entity, or (iii) a private provider approved by the State Board. Provides that the amount of the scholarship shall be $15,000 or the actual tuition charged by the special education program, whichever is less. Limits the number of scholarships that may be awarded through the Program in a school year to 200. Provides that the State Board shall annually decrease a school district's general State aid payment by an amount equal to the aggregate amount of scholarships awarded through the Program to pupils included in the school district's attendance calculation, which is the district where the student resides. Makes related changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB095 04334 RAS 24377 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by adding Sections
5 2-3.142 and 14-7.05 and by changing Section 18-8.05 as follows:
 
6     (105 ILCS 5/2-3.142 new)
7     Sec. 2-3.142. Autism Scholarship Program.
8     (a) In this Section, "eligible autistic child" means a
9 child with a disability to whom all of the following apply:
10         (1) The school district in which the child resides or
11     that the child has been attending has identified the child
12     as autistic.
13         (2) The school district in which the child resides or
14     that the child has been attending has in effect for the
15     child an individualized education program.
16         (3) The child (i) was enrolled in public school in the
17     school year prior to the school year in which a scholarship
18     under this Section is first sought for the child or (ii) is
19     eligible to enter public school in the school year in which
20     a scholarship under this Section is first sought for the
21     child.
22     (b) The State Board of Education shall establish and
23 administer an Autism Scholarship Program. Except as provided in

 

 

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1 this subsection (b), in the 2007-2008 school year and the
2 2008-2009 school year, upon receipt of an application from the
3 parent or guardian of an eligible autistic child, the State
4 Board shall award a scholarship to the child. The scholarship
5 may be used only to pay tuition for the child to attend a
6 special education program that implements the child's
7 individualized education program and that is operated by (i) a
8 school district other than the school district that the child
9 has been attending or in which the child resides, (ii) another
10 public entity, or (iii) a private provider approved by the
11 State Board under this Section. The amount of the scholarship
12 shall be $15,000 or the actual tuition charged by the special
13 education program, whichever is less. No more than 200
14 scholarships may be awarded through the Program in a school
15 year.
16     (c) The State Board shall establish standards for the
17 approval of private providers for the purposes of this Section.
18 The State Board may not approve a private provider unless the
19 person providing special education or related services holds
20 the appropriate credentials required by the State Board.
21     (d) The State Board shall annually decrease a school
22 district's general State aid payment under Section 18-8.05 of
23 this Code by an amount equal to the aggregate amount of
24 scholarships awarded under this Section to pupils included in
25 the school district's attendance calculation. If the general
26 State aid payment under Section 18-8.05 of this Code is

 

 

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1 insufficient to cover the reduction, the State Board shall
2 decrease other State aid payments made by the State Board to
3 the school district by the remaining amount. The State Board
4 shall ensure that the aid reduction under this subsection (d)
5 does not affect the amount that the school district is
6 determined to receive as general State aid under Section
7 18-8.05 of this Code for any other purpose.
8     (e) A school district in which a nonresident pupil who is
9 awarded a scholarship through the Program is enrolled must meet
10 each of the following conditions:
11         (1) The school district may not require that an
12     application for enrollment be accompanied by a written
13     declaration regarding the establishment of residence in
14     the school district.
15         (2) The school district may not waive or refund tuition
16     for the pupil.
17         (3) The pupil must not be considered a resident pupil
18     in computing general State aid under Section 18-8.05 of
19     this Code.
20     (f) The Auditor General may perform a financial and
21 performance audit of the Program based on the data from the
22 2007-2008 fiscal year and file the report on or before December
23 31, 2008.
24     (g) The State Board may adopt rules necessary to implement
25 and administer this Section, including rules concerning (i)
26 procedures and deadlines for scholarship applications, (ii)

 

 

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1 payment schedules for scholarships, and (iii) standards for the
2 approval of private providers under this Section.
 
3     (105 ILCS 5/14-7.05 new)
4     Sec. 14-7.05. Autism Scholarship Program recipients.
5 Notwithstanding Sections 14-7.01, 14-7.02, 14-7.02b, and
6 14-17.03 of this Code, the school district in which a pupil who
7 has been awarded a scholarship through the Autism Scholarship
8 Program resides may not pay to a school district, other public
9 entity, or private provider operating a special education
10 program in which the pupil is enrolled the per capita cost of
11 educating the pupil or the actual cost of tuition for the pupil
12 and is not responsible for providing any necessary
13 transportation; however, the State Board of Education shall
14 annually decrease a school district's general State aid payment
15 under Section 18-8.05 of this Code by an amount equal to the
16 aggregate amount of scholarships awarded through the Autism
17 Scholarship Program to pupils included in the school district's
18 attendance calculation, as set forth in subsection (d) of
19 Section 2-3.142 of this Code.
 
20     (105 ILCS 5/18-8.05)
21     Sec. 18-8.05. Basis for apportionment of general State
22 financial aid and supplemental general State aid to the common
23 schools for the 1998-1999 and subsequent school years.
 

 

 

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1 (A) General Provisions.
2     (1) The provisions of this Section apply to the 1998-1999
3 and subsequent school years. The system of general State
4 financial aid provided for in this Section is designed to
5 assure that, through a combination of State financial aid and
6 required local resources, the financial support provided each
7 pupil in Average Daily Attendance equals or exceeds a
8 prescribed per pupil Foundation Level. This formula approach
9 imputes a level of per pupil Available Local Resources and
10 provides for the basis to calculate a per pupil level of
11 general State financial aid that, when added to Available Local
12 Resources, equals or exceeds the Foundation Level. The amount
13 of per pupil general State financial aid for school districts,
14 in general, varies in inverse relation to Available Local
15 Resources. Per pupil amounts are based upon each school
16 district's Average Daily Attendance as that term is defined in
17 this Section.
18     (2) In addition to general State financial aid, school
19 districts with specified levels or concentrations of pupils
20 from low income households are eligible to receive supplemental
21 general State financial aid grants as provided pursuant to
22 subsection (H). The supplemental State aid grants provided for
23 school districts under subsection (H) shall be appropriated for
24 distribution to school districts as part of the same line item
25 in which the general State financial aid of school districts is
26 appropriated under this Section.

 

 

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1     (3) To receive financial assistance under this Section,
2 school districts are required to file claims with the State
3 Board of Education, subject to the following requirements:
4         (a) Any school district which fails for any given
5     school year to maintain school as required by law, or to
6     maintain a recognized school is not eligible to file for
7     such school year any claim upon the Common School Fund. In
8     case of nonrecognition of one or more attendance centers in
9     a school district otherwise operating recognized schools,
10     the claim of the district shall be reduced in the
11     proportion which the Average Daily Attendance in the
12     attendance center or centers bear to the Average Daily
13     Attendance in the school district. A "recognized school"
14     means any public school which meets the standards as
15     established for recognition by the State Board of
16     Education. A school district or attendance center not
17     having recognition status at the end of a school term is
18     entitled to receive State aid payments due upon a legal
19     claim which was filed while it was recognized.
20         (b) School district claims filed under this Section are
21     subject to Sections 18-9, 18-10, and 18-12, except as
22     otherwise provided in this Section.
23         (c) If a school district operates a full year school
24     under Section 10-19.1, the general State aid to the school
25     district shall be determined by the State Board of
26     Education in accordance with this Section as near as may be

 

 

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1     applicable.
2         (d) (Blank).
3     (4) Except as provided in subsections (H) and (L), the
4 board of any district receiving any of the grants provided for
5 in this Section may apply those funds to any fund so received
6 for which that board is authorized to make expenditures by law.
7     School districts are not required to exert a minimum
8 Operating Tax Rate in order to qualify for assistance under
9 this Section.
10     (5) As used in this Section the following terms, when
11 capitalized, shall have the meaning ascribed herein:
12         (a) "Average Daily Attendance": A count of pupil
13     attendance in school, averaged as provided for in
14     subsection (C) and utilized in deriving per pupil financial
15     support levels.
16         (b) "Available Local Resources": A computation of
17     local financial support, calculated on the basis of Average
18     Daily Attendance and derived as provided pursuant to
19     subsection (D).
20         (c) "Corporate Personal Property Replacement Taxes":
21     Funds paid to local school districts pursuant to "An Act in
22     relation to the abolition of ad valorem personal property
23     tax and the replacement of revenues lost thereby, and
24     amending and repealing certain Acts and parts of Acts in
25     connection therewith", certified August 14, 1979, as
26     amended (Public Act 81-1st S.S.-1).

 

 

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1         (d) "Foundation Level": A prescribed level of per pupil
2     financial support as provided for in subsection (B).
3         (e) "Operating Tax Rate": All school district property
4     taxes extended for all purposes, except Bond and Interest,
5     Summer School, Rent, Capital Improvement, and Vocational
6     Education Building purposes.
 
7 (B) Foundation Level.
8     (1) The Foundation Level is a figure established by the
9 State representing the minimum level of per pupil financial
10 support that should be available to provide for the basic
11 education of each pupil in Average Daily Attendance. As set
12 forth in this Section, each school district is assumed to exert
13 a sufficient local taxing effort such that, in combination with
14 the aggregate of general State financial aid provided the
15 district, an aggregate of State and local resources are
16 available to meet the basic education needs of pupils in the
17 district.
18     (2) For the 1998-1999 school year, the Foundation Level of
19 support is $4,225. For the 1999-2000 school year, the
20 Foundation Level of support is $4,325. For the 2000-2001 school
21 year, the Foundation Level of support is $4,425. For the
22 2001-2002 school year and 2002-2003 school year, the Foundation
23 Level of support is $4,560. For the 2003-2004 school year, the
24 Foundation Level of support is $4,810. For the 2004-2005 school
25 year, the Foundation Level of support is $4,964. For the

 

 

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1 2005-2006 school year, the Foundation Level of support is
2 $5,164.
3     (3) For the 2006-2007 school year and each school year
4 thereafter, the Foundation Level of support is $5,334 or such
5 greater amount as may be established by law by the General
6 Assembly.
 
7 (C) Average Daily Attendance.
8     (1) For purposes of calculating general State aid pursuant
9 to subsection (E), an Average Daily Attendance figure shall be
10 utilized. The Average Daily Attendance figure for formula
11 calculation purposes shall be the monthly average of the actual
12 number of pupils in attendance of each school district, as
13 further averaged for the best 3 months of pupil attendance for
14 each school district. In compiling the figures for the number
15 of pupils in attendance, school districts and the State Board
16 of Education shall, for purposes of general State aid funding,
17 conform attendance figures to the requirements of subsection
18 (F).
19     (2) The Average Daily Attendance figures utilized in
20 subsection (E) shall be the requisite attendance data for the
21 school year immediately preceding the school year for which
22 general State aid is being calculated or the average of the
23 attendance data for the 3 preceding school years, whichever is
24 greater. The Average Daily Attendance figures utilized in
25 subsection (H) shall be the requisite attendance data for the

 

 

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

 

 

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1 property tax revenues per pupil shall be calculated as the
2 product of the applicable equalized assessed valuation for the
3 district multiplied by 2.30%, and divided by the district's
4 Average Daily Attendance figure. For school districts
5 maintaining grades 9 through 12, local property tax revenues
6 per pupil shall be the applicable equalized assessed valuation
7 of the district multiplied by 1.05%, and divided by the
8 district's Average Daily Attendance figure.
9     For partial elementary unit districts created pursuant to
10 Article 11E of this Code, local property tax revenues per pupil
11 shall be calculated as the product of the equalized assessed
12 valuation for property within the elementary and high school
13 classification of the partial elementary unit district
14 multiplied by 2.06% and divided by the Average Daily Attendance
15 figure for grades kindergarten through 8, plus the product of
16 the equalized assessed valuation for property within the high
17 school only classification of the partial elementary unit
18 district multiplied by 0.94% and divided by the Average Daily
19 Attendance figure for grades 9 through 12.
20     (4) The Corporate Personal Property Replacement Taxes paid
21 to each school district during the calendar year 2 years before
22 the calendar year in which a school year begins, divided by the
23 Average Daily Attendance figure for that district, shall be
24 added to the local property tax revenues per pupil as derived
25 by the application of the immediately preceding paragraph (3).
26 The sum of these per pupil figures for each school district

 

 

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1 shall constitute Available Local Resources as that term is
2 utilized in subsection (E) in the calculation of general State
3 aid.
 
4 (E) Computation of General State Aid.
5     (1) For each school year, the amount of general State aid
6 allotted to a school district shall be computed by the State
7 Board of Education as provided in this subsection.
8     (2) For any school district for which Available Local
9 Resources per pupil is less than the product of 0.93 times the
10 Foundation Level, general State aid for that district shall be
11 calculated as an amount equal to the Foundation Level minus
12 Available Local Resources, multiplied by the Average Daily
13 Attendance of the school district.
14     (3) For any school district for which Available Local
15 Resources per pupil is equal to or greater than the product of
16 0.93 times the Foundation Level and less than the product of
17 1.75 times the Foundation Level, the general State aid per
18 pupil shall be a decimal proportion of the Foundation Level
19 derived using a linear algorithm. Under this linear algorithm,
20 the calculated general State aid per pupil shall decline in
21 direct linear fashion from 0.07 times the Foundation Level for
22 a school district with Available Local Resources equal to the
23 product of 0.93 times the Foundation Level, to 0.05 times the
24 Foundation Level for a school district with Available Local
25 Resources equal to the product of 1.75 times the Foundation

 

 

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1 Level. The allocation of general State aid for school districts
2 subject to this paragraph 3 shall be the calculated general
3 State aid per pupil figure multiplied by the Average Daily
4 Attendance of the school district.
5     (4) For any school district for which Available Local
6 Resources per pupil equals or exceeds the product of 1.75 times
7 the Foundation Level, the general State aid for the school
8 district shall be calculated as the product of $218 multiplied
9 by the Average Daily Attendance of the school district.
10     (5) The amount of general State aid allocated to a school
11 district for the 1999-2000 school year meeting the requirements
12 set forth in paragraph (4) of subsection (G) shall be increased
13 by an amount equal to the general State aid that would have
14 been received by the district for the 1998-1999 school year by
15 utilizing the Extension Limitation Equalized Assessed
16 Valuation as calculated in paragraph (4) of subsection (G) less
17 the general State aid allotted for the 1998-1999 school year.
18 This amount shall be deemed a one time increase, and shall not
19 affect any future general State aid allocations.
 
20 (F) Compilation of Average Daily Attendance.
21     (1) Each school district shall, by July 1 of each year,
22 submit to the State Board of Education, on forms prescribed by
23 the State Board of Education, attendance figures for the school
24 year that began in the preceding calendar year. The attendance
25 information so transmitted shall identify the average daily

 

 

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1 attendance figures for each month of the school year. Beginning
2 with the general State aid claim form for the 2002-2003 school
3 year, districts shall calculate Average Daily Attendance as
4 provided in subdivisions (a), (b), and (c) of this paragraph
5 (1).
6         (a) In districts that do not hold year-round classes,
7     days of attendance in August shall be added to the month of
8     September and any days of attendance in June shall be added
9     to the month of May.
10         (b) In districts in which all buildings hold year-round
11     classes, days of attendance in July and August shall be
12     added to the month of September and any days of attendance
13     in June shall be added to the month of May.
14         (c) In districts in which some buildings, but not all,
15     hold year-round classes, for the non-year-round buildings,
16     days of attendance in August shall be added to the month of
17     September and any days of attendance in June shall be added
18     to the month of May. The average daily attendance for the
19     year-round buildings shall be computed as provided in
20     subdivision (b) of this paragraph (1). To calculate the
21     Average Daily Attendance for the district, the average
22     daily attendance for the year-round buildings shall be
23     multiplied by the days in session for the non-year-round
24     buildings for each month and added to the monthly
25     attendance of the non-year-round buildings.
26     Except as otherwise provided in this Section, days of

 

 

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1 attendance by pupils shall be counted only for sessions of not
2 less than 5 clock hours of school work per day under direct
3 supervision of: (i) teachers, or (ii) non-teaching personnel or
4 volunteer personnel when engaging in non-teaching duties and
5 supervising in those instances specified in subsection (a) of
6 Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
7 of legal school age and in kindergarten and grades 1 through
8 12.
9     Days of attendance by tuition pupils shall be accredited
10 only to the districts that pay the tuition to a recognized
11 school, except that, in the case of pupils who are scholarship
12 recipients under the Autism Scholarship Program established
13 under this Code, days of attendance by those pupils shall be
14 accredited to the districts in which the pupils reside.
15     (2) Days of attendance by pupils of less than 5 clock hours
16 of school shall be subject to the following provisions in the
17 compilation of Average Daily Attendance.
18         (a) Pupils regularly enrolled in a public school for
19     only a part of the school day may be counted on the basis
20     of 1/6 day for every class hour of instruction of 40
21     minutes or more attended pursuant to such enrollment,
22     unless a pupil is enrolled in a block-schedule format of 80
23     minutes or more of instruction, in which case the pupil may
24     be counted on the basis of the proportion of minutes of
25     school work completed each day to the minimum number of
26     minutes that school work is required to be held that day.

 

 

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1         (b) Days of attendance may be less than 5 clock hours
2     on the opening and closing of the school term, and upon the
3     first day of pupil attendance, if preceded by a day or days
4     utilized as an institute or teachers' workshop.
5         (c) A session of 4 or more clock hours may be counted
6     as a day of attendance upon certification by the regional
7     superintendent, and approved by the State Superintendent
8     of Education to the extent that the district has been
9     forced to use daily multiple sessions.
10         (d) A session of 3 or more clock hours may be counted
11     as a day of attendance (1) when the remainder of the school
12     day or at least 2 hours in the evening of that day is
13     utilized for an in-service training program for teachers,
14     up to a maximum of 5 days per school year of which a
15     maximum of 4 days of such 5 days may be used for
16     parent-teacher conferences, provided a district conducts
17     an in-service training program for teachers which has been
18     approved by the State Superintendent of Education; or, in
19     lieu of 4 such days, 2 full days may be used, in which
20     event each such day may be counted as a day of attendance;
21     and (2) when days in addition to those provided in item (1)
22     are scheduled by a school pursuant to its school
23     improvement plan adopted under Article 34 or its revised or
24     amended school improvement plan adopted under Article 2,
25     provided that (i) such sessions of 3 or more clock hours
26     are scheduled to occur at regular intervals, (ii) the

 

 

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

 

 

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1     age of 6 years and who cannot attend 2 or more clock hours
2     because of their disability or immaturity, a session of not
3     less than one clock hour may be counted as 1/2 day of
4     attendance; however for such children whose educational
5     needs so require a session of 4 or more clock hours may be
6     counted as a full day of attendance.
7         (h) A recognized kindergarten which provides for only
8     1/2 day of attendance by each pupil shall not have more
9     than 1/2 day of attendance counted in any one day. However,
10     kindergartens may count 2 1/2 days of attendance in any 5
11     consecutive school days. When a pupil attends such a
12     kindergarten for 2 half days on any one school day, the
13     pupil shall have the following day as a day absent from
14     school, unless the school district obtains permission in
15     writing from the State Superintendent of Education.
16     Attendance at kindergartens which provide for a full day of
17     attendance by each pupil shall be counted the same as
18     attendance by first grade pupils. Only the first year of
19     attendance in one kindergarten shall be counted, except in
20     case of children who entered the kindergarten in their
21     fifth year whose educational development requires a second
22     year of kindergarten as determined under the rules and
23     regulations of the State Board of Education.
24         (i) On the days when the Prairie State Achievement
25     Examination is administered under subsection (c) of
26     Section 2-3.64 of this Code, the day of attendance for a

 

 

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

 

 

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

 

 

HB1825 - 21 - LRB095 04334 RAS 24377 b

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

 

 

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1     redevelopment project costs have been paid, as provided in
2     Section 11-74.4-8 of the Tax Increment Allocation
3     Redevelopment Act or in Section 11-74.6-35 of the
4     Industrial Jobs Recovery Law. For the purpose of the
5     equalized assessed valuation of the district, the total
6     initial equalized assessed valuation or the current
7     equalized assessed valuation, whichever is lower, shall be
8     used until such time as all redevelopment project costs
9     have been paid.
10         (b) The real property equalized assessed valuation for
11     a school district shall be adjusted by subtracting from the
12     real property value as equalized or assessed by the
13     Department of Revenue for the district an amount computed
14     by dividing the amount of any abatement of taxes under
15     Section 18-170 of the Property Tax Code by 3.00% for a
16     district maintaining grades kindergarten through 12, by
17     2.30% for a district maintaining grades kindergarten
18     through 8, or by 1.05% for a district maintaining grades 9
19     through 12 and adjusted by an amount computed by dividing
20     the amount of any abatement of taxes under subsection (a)
21     of Section 18-165 of the Property Tax Code by the same
22     percentage rates for district type as specified in this
23     subparagraph (b).
24     (3) For the 1999-2000 school year and each school year
25 thereafter, if a school district meets all of the criteria of
26 this subsection (G)(3), the school district's Available Local

 

 

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

 

 

HB1825 - 24 - LRB095 04334 RAS 24377 b

1     If a school district is subject to property tax extension
2 limitations as imposed under the Property Tax Extension
3 Limitation Law, the State Board of Education shall calculate
4 the Extension Limitation Equalized Assessed Valuation of that
5 district. For the 1999-2000 school year, the Extension
6 Limitation Equalized Assessed Valuation of a school district as
7 calculated by the State Board of Education shall be equal to
8 the product of the district's 1996 Equalized Assessed Valuation
9 and the district's Extension Limitation Ratio. For the
10 2000-2001 school year and each school year thereafter, the
11 Extension Limitation Equalized Assessed Valuation of a school
12 district as calculated by the State Board of Education shall be
13 equal to the product of the Equalized Assessed Valuation last
14 used in the calculation of general State aid and the district's
15 Extension Limitation Ratio. If the Extension Limitation
16 Equalized Assessed Valuation of a school district as calculated
17 under this subsection (G)(3) is less than the district's
18 equalized assessed valuation as calculated pursuant to
19 subsections (G)(1) and (G)(2), then for purposes of calculating
20 the district's general State aid for the Budget Year pursuant
21 to subsection (E), that Extension Limitation Equalized
22 Assessed Valuation shall be utilized to calculate the
23 district's Available Local Resources under subsection (D).
24     Partial elementary unit districts created in accordance
25 with Article 11E of this Code shall not be eligible for the
26 adjustment in this subsection (G)(3) until the fifth year

 

 

HB1825 - 25 - LRB095 04334 RAS 24377 b

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

 

 

HB1825 - 26 - LRB095 04334 RAS 24377 b

1 this Section is less than the amount of general State aid
2 allocated to the district for the 1998-1999 school year under
3 these subsections, then the general State aid of the district
4 for the 1999-2000 school year only shall be increased by the
5 difference between these amounts. The total payments made under
6 this paragraph (5) shall not exceed $14,000,000. Claims shall
7 be prorated if they exceed $14,000,000.
 
8 (H) Supplemental General State Aid.
9     (1) In addition to the general State aid a school district
10 is allotted pursuant to subsection (E), qualifying school
11 districts shall receive a grant, paid in conjunction with a
12 district's payments of general State aid, for supplemental
13 general State aid based upon the concentration level of
14 children from low-income households within the school
15 district. Supplemental State aid grants provided for school
16 districts under this subsection shall be appropriated for
17 distribution to school districts as part of the same line item
18 in which the general State financial aid of school districts is
19 appropriated under this Section. If the appropriation in any
20 fiscal year for general State aid and supplemental general
21 State aid is insufficient to pay the amounts required under the
22 general State aid and supplemental general State aid
23 calculations, then the State Board of Education shall ensure
24 that each school district receives the full amount due for
25 general State aid and the remainder of the appropriation shall

 

 

HB1825 - 27 - LRB095 04334 RAS 24377 b

1 be used for supplemental general State aid, which the State
2 Board of Education shall calculate and pay to eligible
3 districts on a prorated basis.
4     (1.5) This paragraph (1.5) applies only to those school
5 years preceding the 2003-2004 school year. For purposes of this
6 subsection (H), the term "Low-Income Concentration Level"
7 shall be the low-income eligible pupil count from the most
8 recently available federal census divided by the Average Daily
9 Attendance of the school district. If, however, (i) the
10 percentage decrease from the 2 most recent federal censuses in
11 the low-income eligible pupil count of a high school district
12 with fewer than 400 students exceeds by 75% or more the
13 percentage change in the total low-income eligible pupil count
14 of contiguous elementary school districts, whose boundaries
15 are coterminous with the high school district, or (ii) a high
16 school district within 2 counties and serving 5 elementary
17 school districts, whose boundaries are coterminous with the
18 high school district, has a percentage decrease from the 2 most
19 recent federal censuses in the low-income eligible pupil count
20 and there is a percentage increase in the total low-income
21 eligible pupil count of a majority of the elementary school
22 districts in excess of 50% from the 2 most recent federal
23 censuses, then the high school district's low-income eligible
24 pupil count from the earlier federal census shall be the number
25 used as the low-income eligible pupil count for the high school
26 district, for purposes of this subsection (H). The changes made

 

 

HB1825 - 28 - LRB095 04334 RAS 24377 b

1 to this paragraph (1) by Public Act 92-28 shall apply to
2 supplemental general State aid grants for school years
3 preceding the 2003-2004 school year that are paid in fiscal
4 year 1999 or thereafter and to any State aid payments made in
5 fiscal year 1994 through fiscal year 1998 pursuant to
6 subsection 1(n) of Section 18-8 of this Code (which was
7 repealed on July 1, 1998), and any high school district that is
8 affected by Public Act 92-28 is entitled to a recomputation of
9 its supplemental general State aid grant or State aid paid in
10 any of those fiscal years. This recomputation shall not be
11 affected by any other funding.
12     (1.10) This paragraph (1.10) applies to the 2003-2004
13 school year and each school year thereafter. For purposes of
14 this subsection (H), the term "Low-Income Concentration Level"
15 shall, for each fiscal year, be the low-income eligible pupil
16 count as of July 1 of the immediately preceding fiscal year (as
17 determined by the Department of Human Services based on the
18 number of pupils who are eligible for at least one of the
19 following low income programs: Medicaid, KidCare, TANF, or Food
20 Stamps, excluding pupils who are eligible for services provided
21 by the Department of Children and Family Services, averaged
22 over the 2 immediately preceding fiscal years for fiscal year
23 2004 and over the 3 immediately preceding fiscal years for each
24 fiscal year thereafter) divided by the Average Daily Attendance
25 of the school district.
26     (2) Supplemental general State aid pursuant to this

 

 

HB1825 - 29 - LRB095 04334 RAS 24377 b

1 subsection (H) shall be provided as follows for the 1998-1999,
2 1999-2000, and 2000-2001 school years only:
3         (a) For any school district with a Low Income
4     Concentration Level of at least 20% and less than 35%, the
5     grant for any school year shall be $800 multiplied by the
6     low income eligible pupil count.
7         (b) For any school district with a Low Income
8     Concentration Level of at least 35% and less than 50%, the
9     grant for the 1998-1999 school year shall be $1,100
10     multiplied by the low income eligible pupil count.
11         (c) For any school district with a Low Income
12     Concentration Level of at least 50% and less than 60%, the
13     grant for the 1998-99 school year shall be $1,500
14     multiplied by the low income eligible pupil count.
15         (d) For any school district with a Low Income
16     Concentration Level of 60% or more, the grant for the
17     1998-99 school year shall be $1,900 multiplied by the low
18     income eligible pupil count.
19         (e) For the 1999-2000 school year, the per pupil amount
20     specified in subparagraphs (b), (c), and (d) immediately
21     above shall be increased to $1,243, $1,600, and $2,000,
22     respectively.
23         (f) For the 2000-2001 school year, the per pupil
24     amounts specified in subparagraphs (b), (c), and (d)
25     immediately above shall be $1,273, $1,640, and $2,050,
26     respectively.

 

 

HB1825 - 30 - LRB095 04334 RAS 24377 b

1     (2.5) Supplemental general State aid pursuant to this
2 subsection (H) shall be provided as follows for the 2002-2003
3 school year:
4         (a) For any school district with a Low Income
5     Concentration Level of less than 10%, the grant for each
6     school year shall be $355 multiplied by the low income
7     eligible pupil count.
8         (b) For any school district with a Low Income
9     Concentration Level of at least 10% and less than 20%, the
10     grant for each school year shall be $675 multiplied by the
11     low income eligible pupil count.
12         (c) For any school district with a Low Income
13     Concentration Level of at least 20% and less than 35%, the
14     grant for each school year shall be $1,330 multiplied by
15     the low income eligible pupil count.
16         (d) For any school district with a Low Income
17     Concentration Level of at least 35% and less than 50%, the
18     grant for each school year shall be $1,362 multiplied by
19     the low income eligible pupil count.
20         (e) For any school district with a Low Income
21     Concentration Level of at least 50% and less than 60%, the
22     grant for each school year shall be $1,680 multiplied by
23     the low income eligible pupil count.
24         (f) For any school district with a Low Income
25     Concentration Level of 60% or more, the grant for each
26     school year shall be $2,080 multiplied by the low income

 

 

HB1825 - 31 - LRB095 04334 RAS 24377 b

1     eligible pupil count.
2     (2.10) Except as otherwise provided, supplemental general
3 State aid pursuant to this subsection (H) shall be provided as
4 follows for the 2003-2004 school year and each school year
5 thereafter:
6         (a) For any school district with a Low Income
7     Concentration Level of 15% or less, the grant for each
8     school year shall be $355 multiplied by the low income
9     eligible pupil count.
10         (b) For any school district with a Low Income
11     Concentration Level greater than 15%, the grant for each
12     school year shall be $294.25 added to the product of $2,700
13     and the square of the Low Income Concentration Level, all
14     multiplied by the low income eligible pupil count.
15     For the 2003-2004 school year, 2004-2005 school year,
16 2005-2006 school year, and 2006-2007 school year only, the
17 grant shall be no less than the grant for the 2002-2003 school
18 year. For the 2007-2008 school year only, the grant shall be no
19 less than the grant for the 2002-2003 school year multiplied by
20 0.66. For the 2008-2009 school year only, the grant shall be no
21 less than the grant for the 2002-2003 school year multiplied by
22 0.33. Notwithstanding the provisions of this paragraph to the
23 contrary, if for any school year supplemental general State aid
24 grants are prorated as provided in paragraph (1) of this
25 subsection (H), then the grants under this paragraph shall be
26 prorated.

 

 

HB1825 - 32 - LRB095 04334 RAS 24377 b

1     For the 2003-2004 school year only, the grant shall be no
2 greater than the grant received during the 2002-2003 school
3 year added to the product of 0.25 multiplied by the difference
4 between the grant amount calculated under subsection (a) or (b)
5 of this paragraph (2.10), whichever is applicable, and the
6 grant received during the 2002-2003 school year. For the
7 2004-2005 school year only, the grant shall be no greater than
8 the grant received during the 2002-2003 school year added to
9 the product of 0.50 multiplied by the difference between the
10 grant amount calculated under subsection (a) or (b) of this
11 paragraph (2.10), whichever is applicable, and the grant
12 received during the 2002-2003 school year. For the 2005-2006
13 school year only, the grant shall be no greater than the grant
14 received during the 2002-2003 school year added to the product
15 of 0.75 multiplied by the difference between the grant amount
16 calculated under subsection (a) or (b) of this paragraph
17 (2.10), whichever is applicable, and the grant received during
18 the 2002-2003 school year.
19     (3) School districts with an Average Daily Attendance of
20 more than 1,000 and less than 50,000 that qualify for
21 supplemental general State aid pursuant to this subsection
22 shall submit a plan to the State Board of Education prior to
23 October 30 of each year for the use of the funds resulting from
24 this grant of supplemental general State aid for the
25 improvement of instruction in which priority is given to
26 meeting the education needs of disadvantaged children. Such

 

 

HB1825 - 33 - LRB095 04334 RAS 24377 b

1 plan shall be submitted in accordance with rules and
2 regulations promulgated by the State Board of Education.
3     (4) School districts with an Average Daily Attendance of
4 50,000 or more that qualify for supplemental general State aid
5 pursuant to this subsection shall be required to distribute
6 from funds available pursuant to this Section, no less than
7 $261,000,000 in accordance with the following requirements:
8         (a) The required amounts shall be distributed to the
9     attendance centers within the district in proportion to the
10     number of pupils enrolled at each attendance center who are
11     eligible to receive free or reduced-price lunches or
12     breakfasts under the federal Child Nutrition Act of 1966
13     and under the National School Lunch Act during the
14     immediately preceding school year.
15         (b) The distribution of these portions of supplemental
16     and general State aid among attendance centers according to
17     these requirements shall not be compensated for or
18     contravened by adjustments of the total of other funds
19     appropriated to any attendance centers, and the Board of
20     Education shall utilize funding from one or several sources
21     in order to fully implement this provision annually prior
22     to the opening of school.
23         (c) Each attendance center shall be provided by the
24     school district a distribution of noncategorical funds and
25     other categorical funds to which an attendance center is
26     entitled under law in order that the general State aid and

 

 

HB1825 - 34 - LRB095 04334 RAS 24377 b

1     supplemental general State aid provided by application of
2     this subsection supplements rather than supplants the
3     noncategorical funds and other categorical funds provided
4     by the school district to the attendance centers.
5         (d) Any funds made available under this subsection that
6     by reason of the provisions of this subsection are not
7     required to be allocated and provided to attendance centers
8     may be used and appropriated by the board of the district
9     for any lawful school purpose.
10         (e) Funds received by an attendance center pursuant to
11     this subsection shall be used by the attendance center at
12     the discretion of the principal and local school council
13     for programs to improve educational opportunities at
14     qualifying schools through the following programs and
15     services: early childhood education, reduced class size or
16     improved adult to student classroom ratio, enrichment
17     programs, remedial assistance, attendance improvement, and
18     other educationally beneficial expenditures which
19     supplement the regular and basic programs as determined by
20     the State Board of Education. Funds provided shall not be
21     expended for any political or lobbying purposes as defined
22     by board rule.
23         (f) Each district subject to the provisions of this
24     subdivision (H)(4) shall submit an acceptable plan to meet
25     the educational needs of disadvantaged children, in
26     compliance with the requirements of this paragraph, to the

 

 

HB1825 - 35 - LRB095 04334 RAS 24377 b

1     State Board of Education prior to July 15 of each year.
2     This plan shall be consistent with the decisions of local
3     school councils concerning the school expenditure plans
4     developed in accordance with part 4 of Section 34-2.3. The
5     State Board shall approve or reject the plan within 60 days
6     after its submission. If the plan is rejected, the district
7     shall give written notice of intent to modify the plan
8     within 15 days of the notification of rejection and then
9     submit a modified plan within 30 days after the date of the
10     written notice of intent to modify. Districts may amend
11     approved plans pursuant to rules promulgated by the State
12     Board of Education.
13         Upon notification by the State Board of Education that
14     the district has not submitted a plan prior to July 15 or a
15     modified plan within the time period specified herein, the
16     State aid funds affected by that plan or modified plan
17     shall be withheld by the State Board of Education until a
18     plan or modified plan is submitted.
19         If the district fails to distribute State aid to
20     attendance centers in accordance with an approved plan, the
21     plan for the following year shall allocate funds, in
22     addition to the funds otherwise required by this
23     subsection, to those attendance centers which were
24     underfunded during the previous year in amounts equal to
25     such underfunding.
26         For purposes of determining compliance with this

 

 

HB1825 - 36 - LRB095 04334 RAS 24377 b

1     subsection in relation to the requirements of attendance
2     center funding, each district subject to the provisions of
3     this subsection shall submit as a separate document by
4     December 1 of each year a report of expenditure data for
5     the prior year in addition to any modification of its
6     current plan. If it is determined that there has been a
7     failure to comply with the expenditure provisions of this
8     subsection regarding contravention or supplanting, the
9     State Superintendent of Education shall, within 60 days of
10     receipt of the report, notify the district and any affected
11     local school council. The district shall within 45 days of
12     receipt of that notification inform the State
13     Superintendent of Education of the remedial or corrective
14     action to be taken, whether by amendment of the current
15     plan, if feasible, or by adjustment in the plan for the
16     following year. Failure to provide the expenditure report
17     or the notification of remedial or corrective action in a
18     timely manner shall result in a withholding of the affected
19     funds.
20         The State Board of Education shall promulgate rules and
21     regulations to implement the provisions of this
22     subsection. No funds shall be released under this
23     subdivision (H)(4) to any district that has not submitted a
24     plan that has been approved by the State Board of
25     Education.
 

 

 

HB1825 - 37 - LRB095 04334 RAS 24377 b

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

 

 

HB1825 - 38 - LRB095 04334 RAS 24377 b

1 school year that in any such school year is less than the
2 amount of the aggregate general State aid entitlement that the
3 district received for the 1997-98 school year, the school
4 district shall also receive, from a separate appropriation made
5 for purposes of this subsection (J), a supplementary payment
6 that is equal to the amount of the difference in the aggregate
7 State aid figures as described in paragraph (1).
8     (3) (Blank).
 
9 (K) Grants to Laboratory and Alternative Schools.
10     In calculating the amount to be paid to the governing board
11 of a public university that operates a laboratory school under
12 this Section or to any alternative school that is operated by a
13 regional superintendent of schools, the State Board of
14 Education shall require by rule such reporting requirements as
15 it deems necessary.
16     As used in this Section, "laboratory school" means a public
17 school which is created and operated by a public university and
18 approved by the State Board of Education. The governing board
19 of a public university which receives funds from the State
20 Board under this subsection (K) may not increase the number of
21 students enrolled in its laboratory school from a single
22 district, if that district is already sending 50 or more
23 students, except under a mutual agreement between the school
24 board of a student's district of residence and the university
25 which operates the laboratory school. A laboratory school may

 

 

HB1825 - 39 - LRB095 04334 RAS 24377 b

1 not have more than 1,000 students, excluding students with
2 disabilities in a special education program.
3     As used in this Section, "alternative school" means a
4 public school which is created and operated by a Regional
5 Superintendent of Schools and approved by the State Board of
6 Education. Such alternative schools may offer courses of
7 instruction for which credit is given in regular school
8 programs, courses to prepare students for the high school
9 equivalency testing program or vocational and occupational
10 training. A regional superintendent of schools may contract
11 with a school district or a public community college district
12 to operate an alternative school. An alternative school serving
13 more than one educational service region may be established by
14 the regional superintendents of schools of the affected
15 educational service regions. An alternative school serving
16 more than one educational service region may be operated under
17 such terms as the regional superintendents of schools of those
18 educational service regions may agree.
19     Each laboratory and alternative school shall file, on forms
20 provided by the State Superintendent of Education, an annual
21 State aid claim which states the Average Daily Attendance of
22 the school's students by month. The best 3 months' Average
23 Daily Attendance shall be computed for each school. The general
24 State aid entitlement shall be computed by multiplying the
25 applicable Average Daily Attendance by the Foundation Level as
26 determined under this Section.
 

 

 

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1 (L) Payments, Additional Grants in Aid and Other Requirements.
2     (1) For a school district operating under the financial
3 supervision of an Authority created under Article 34A, the
4 general State aid otherwise payable to that district under this
5 Section, but not the supplemental general State aid, shall be
6 reduced by an amount equal to the budget for the operations of
7 the Authority as certified by the Authority to the State Board
8 of Education, and an amount equal to such reduction shall be
9 paid to the Authority created for such district for its
10 operating expenses in the manner provided in Section 18-11. The
11 remainder of general State school aid for any such district
12 shall be paid in accordance with Article 34A when that Article
13 provides for a disposition other than that provided by this
14 Article.
15     (2) (Blank).
16     (3) Summer school. Summer school payments shall be made as
17 provided in Section 18-4.3.
 
18 (M) Education Funding Advisory Board.
19     The Education Funding Advisory Board, hereinafter in this
20 subsection (M) referred to as the "Board", is hereby created.
21 The Board shall consist of 5 members who are appointed by the
22 Governor, by and with the advice and consent of the Senate. The
23 members appointed shall include representatives of education,
24 business, and the general public. One of the members so

 

 

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1 appointed shall be designated by the Governor at the time the
2 appointment is made as the chairperson of the Board. The
3 initial members of the Board may be appointed any time after
4 the effective date of this amendatory Act of 1997. The regular
5 term of each member of the Board shall be for 4 years from the
6 third Monday of January of the year in which the term of the
7 member's appointment is to commence, except that of the 5
8 initial members appointed to serve on the Board, the member who
9 is appointed as the chairperson shall serve for a term that
10 commences on the date of his or her appointment and expires on
11 the third Monday of January, 2002, and the remaining 4 members,
12 by lots drawn at the first meeting of the Board that is held
13 after all 5 members are appointed, shall determine 2 of their
14 number to serve for terms that commence on the date of their
15 respective appointments and expire on the third Monday of
16 January, 2001, and 2 of their number to serve for terms that
17 commence on the date of their respective appointments and
18 expire on the third Monday of January, 2000. All members
19 appointed to serve on the Board shall serve until their
20 respective successors are appointed and confirmed. Vacancies
21 shall be filled in the same manner as original appointments. If
22 a vacancy in membership occurs at a time when the Senate is not
23 in session, the Governor shall make a temporary appointment
24 until the next meeting of the Senate, when he or she shall
25 appoint, by and with the advice and consent of the Senate, a
26 person to fill that membership for the unexpired term. If the

 

 

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1 Senate is not in session when the initial appointments are
2 made, those appointments shall be made as in the case of
3 vacancies.
4     The Education Funding Advisory Board shall be deemed
5 established, and the initial members appointed by the Governor
6 to serve as members of the Board shall take office, on the date
7 that the Governor makes his or her appointment of the fifth
8 initial member of the Board, whether those initial members are
9 then serving pursuant to appointment and confirmation or
10 pursuant to temporary appointments that are made by the
11 Governor as in the case of vacancies.
12     The State Board of Education shall provide such staff
13 assistance to the Education Funding Advisory Board as is
14 reasonably required for the proper performance by the Board of
15 its responsibilities.
16     For school years after the 2000-2001 school year, the
17 Education Funding Advisory Board, in consultation with the
18 State Board of Education, shall make recommendations as
19 provided in this subsection (M) to the General Assembly for the
20 foundation level under subdivision (B)(3) of this Section and
21 for the supplemental general State aid grant level under
22 subsection (H) of this Section for districts with high
23 concentrations of children from poverty. The recommended
24 foundation level shall be determined based on a methodology
25 which incorporates the basic education expenditures of
26 low-spending schools exhibiting high academic performance. The

 

 

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1 Education Funding Advisory Board shall make such
2 recommendations to the General Assembly on January 1 of odd
3 numbered years, beginning January 1, 2001.
 
4 (N) (Blank).
 
5 (O) References.
6     (1) References in other laws to the various subdivisions of
7 Section 18-8 as that Section existed before its repeal and
8 replacement by this Section 18-8.05 shall be deemed to refer to
9 the corresponding provisions of this Section 18-8.05, to the
10 extent that those references remain applicable.
11     (2) References in other laws to State Chapter 1 funds shall
12 be deemed to refer to the supplemental general State aid
13 provided under subsection (H) of this Section.
 
14 (P) Public Act 93-838 and Public Act 93-808 make inconsistent
15 changes to this Section. Under Section 6 of the Statute on
16 Statutes there is an irreconcilable conflict between Public Act
17 93-808 and Public Act 93-838. Public Act 93-838, being the last
18 acted upon, is controlling. The text of Public Act 93-838 is
19 the law regardless of the text of Public Act 93-808.
20 (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808,
21 eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69,
22 eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, eff. 6-6-06; 94-1019,
23 eff. 7-10-06; revised 8-3-06.)
 

 

 

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1     Section 90. The State Mandates Act is amended by adding
2 Section 8.31 as follows:
 
3     (30 ILCS 805/8.31 new)
4     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
5 of this Act, no reimbursement by the State is required for the
6 implementation of any mandate created by this amendatory Act of
7 the 95th General Assembly.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.