96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4886

 

Introduced 1/15/2010, by Rep. William B. Black

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-19   from Ch. 122, par. 10-19
105 ILCS 5/10-19.1   from Ch. 122, par. 10-19.1
105 ILCS 5/18-8.05
105 ILCS 5/34-21.4a new

    Amends the School Code. Allows a school district, by resolution of its board, to operate on a 4-day school week plan approved by the State Board of Education. Provides that a school district that operates on a 4-day school week plan must ensure a minimum of 880 hours of student contact in addition to required institute days (instead of requiring a minimum term of 185 days). Makes related changes. Removes a provision referring to the closing of schools on January 29, 1981. Effective immediately.


LRB096 15868 MJR 31110 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4886 LRB096 15868 MJR 31110 b

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 changing Sections
5 10-19, 10-19.1, and 18-8.05 and by adding Section 34-21.4a as
6 follows:
 
7     (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
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 or at least 880 hours of
13 student contact, computable under Section 18-8.05, except that
14 for the 1980-1981 school year only 175 days of actual pupil
15 attendance shall be required because of the closing of schools
16 pursuant to Section 24-2 on January 29, 1981 upon the
17 appointment by the President of that day as a day of
18 thanksgiving for the freedom of the Americans who had been held
19 hostage in Iran. Any days allowed by law for teachers'
20 institute but not used as such or used as parental institutes
21 as provided in Section 10-22.18d shall increase the minimum
22 term by the school days not so used. Except as provided in
23 Section 10-19.1, the board may not extend the school term

 

 

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1 beyond such closing date unless that extension of term is
2 necessary to provide the minimum number of computable days or
3 computable hours. In case of such necessary extension school
4 employees shall be paid for such additional time on the basis
5 of their regular contracts. A school board may specify a
6 closing date earlier than that set on the annual calendar when
7 the schools of the district have provided the minimum number of
8 computable days or computable hours under this Section. Nothing
9 in this Section prevents the board from employing
10 superintendents of schools, principals and other nonteaching
11 personnel for a period of 12 months, or in the case of
12 superintendents for a period in accordance with Section
13 10-23.8, or prevents the board from employing other personnel
14 before or after the regular school term with payment of salary
15 proportionate to that received for comparable work during the
16 school term.
17     A school board may make such changes in its calendar for
18 the school term as may be required by any changes in the legal
19 school holidays prescribed in Section 24-2. A school board may
20 make changes in its calendar for the school term as may be
21 necessary to reflect the utilization of teachers' institute
22 days as parental institute days as provided in Section
23 10-22.18d.
24     The calendar for the school term and any changes must be
25 submitted to and approved by the regional superintendent of
26 schools before the calendar or changes may take effect.

 

 

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1     With the prior approval of the State Board of Education and
2 subject to review by the State Board of Education every 3
3 years, any school board may, by resolution of its board and in
4 agreement with affected exclusive collective bargaining
5 agents, establish experimental educational programs, including
6 but not limited to programs for self-directed learning or
7 outside of formal class periods, which programs when so
8 approved shall be considered to comply with the requirements of
9 this Section as respects numbers of days of actual pupil
10 attendance or numbers of hours of student contact and with the
11 other requirements of this Act as respects courses of
12 instruction.
13 (Source: P.A. 93-1036, eff. 9-14-04.)
 
14     (105 ILCS 5/10-19.1)  (from Ch. 122, par. 10-19.1)
15     Sec. 10-19.1. Full year school plan; 4-day school week
16 plan.
17     (a) Any school district may, by resolution of its board,
18 operate one or more schools within the district on a full year
19 school plan approved by the State Board of Education.
20     (b) Any school district may, by resolution of its board,
21 operate on a 4-day school week plan approved by the State Board
22 of Education, provided that the school district ensures a
23 minimum of 880 hours of student contact in addition to required
24 institute days.
25     (c) Any board which operates one or more schools on a

 

 

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1 full-year school plan under this Section shall devise a plan so
2 that a student's required attendance in school shall be for a
3 minimum term of 180 days of actual attendance, including not
4 more than 4 institute days, during a 12 month period, but shall
5 not exceed 185 days. Under such plan, no teacher shall be
6 required to teach more than 185 days. A calendar of 180 days
7 may be established with the approval of the State Board of
8 Education.
9 (Source: P.A. 81-1508.)
 
10     (105 ILCS 5/18-8.05)
11     Sec. 18-8.05. Basis for apportionment of general State
12 financial aid and supplemental general State aid to the common
13 schools for the 1998-1999 and subsequent school years.
 
14 (A) General Provisions.
15     (1) The provisions of this Section apply to the 1998-1999
16 and subsequent school years. The system of general State
17 financial aid provided for in this Section is designed to
18 assure that, through a combination of State financial aid and
19 required local resources, the financial support provided each
20 pupil in Average Daily Attendance equals or exceeds a
21 prescribed per pupil Foundation Level. This formula approach
22 imputes a level of per pupil Available Local Resources and
23 provides for the basis to calculate a per pupil level of
24 general State financial aid that, when added to Available Local

 

 

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1 Resources, equals or exceeds the Foundation Level. The amount
2 of per pupil general State financial aid for school districts,
3 in general, varies in inverse relation to Available Local
4 Resources. Per pupil amounts are based upon each school
5 district's Average Daily Attendance as that term is defined in
6 this Section.
7     (2) In addition to general State financial aid, school
8 districts with specified levels or concentrations of pupils
9 from low income households are eligible to receive supplemental
10 general State financial aid grants as provided pursuant to
11 subsection (H). The supplemental State aid grants provided for
12 school districts under subsection (H) shall be appropriated for
13 distribution to school districts as part of the same line item
14 in which the general State financial aid of school districts is
15 appropriated under this Section.
16     (3) To receive financial assistance under this Section,
17 school districts are required to file claims with the State
18 Board of Education, subject to the following requirements:
19         (a) Any school district which fails for any given
20     school year to maintain school as required by law, or to
21     maintain a recognized school is not eligible to file for
22     such school year any claim upon the Common School Fund. In
23     case of nonrecognition of one or more attendance centers in
24     a school district otherwise operating recognized schools,
25     the claim of the district shall be reduced in the
26     proportion which the Average Daily Attendance in the

 

 

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1     attendance center or centers bear to the Average Daily
2     Attendance in the school district. A "recognized school"
3     means any public school which meets the standards as
4     established for recognition by the State Board of
5     Education. A school district or attendance center not
6     having recognition status at the end of a school term is
7     entitled to receive State aid payments due upon a legal
8     claim which was filed while it was recognized.
9         (b) School district claims filed under this Section are
10     subject to Sections 18-9 and 18-12, except as otherwise
11     provided in this Section.
12         (c) If a school district operates a full year school
13     under Section 10-19.1 or operates under a 4-day school week
14     in accordance with Section 10-19.1, the general State aid
15     to the school district shall be determined by the State
16     Board of Education in accordance with this Section as near
17     as may be applicable.
18         (d) (Blank).
19     (4) Except as provided in subsections (H) and (L), the
20 board of any district receiving any of the grants provided for
21 in this Section may apply those funds to any fund so received
22 for which that board is authorized to make expenditures by law.
23     School districts are not required to exert a minimum
24 Operating Tax Rate in order to qualify for assistance under
25 this Section.
26     (5) As used in this Section the following terms, when

 

 

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1 capitalized, shall have the meaning ascribed herein:
2         (a) "Average Daily Attendance": A count of pupil
3     attendance in school, averaged as provided for in
4     subsection (C) and utilized in deriving per pupil financial
5     support levels.
6         (b) "Available Local Resources": A computation of
7     local financial support, calculated on the basis of Average
8     Daily Attendance and derived as provided pursuant to
9     subsection (D).
10         (c) "Corporate Personal Property Replacement Taxes":
11     Funds paid to local school districts pursuant to "An Act in
12     relation to the abolition of ad valorem personal property
13     tax and the replacement of revenues lost thereby, and
14     amending and repealing certain Acts and parts of Acts in
15     connection therewith", certified August 14, 1979, as
16     amended (Public Act 81-1st S.S.-1).
17         (d) "Foundation Level": A prescribed level of per pupil
18     financial support as provided for in subsection (B).
19         (e) "Operating Tax Rate": All school district property
20     taxes extended for all purposes, except Bond and Interest,
21     Summer School, Rent, Capital Improvement, and Vocational
22     Education Building purposes.
 
23 (B) Foundation Level.
24     (1) The Foundation Level is a figure established by the
25 State representing the minimum level of per pupil financial

 

 

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1 support that should be available to provide for the basic
2 education of each pupil in Average Daily Attendance. As set
3 forth in this Section, each school district is assumed to exert
4 a sufficient local taxing effort such that, in combination with
5 the aggregate of general State financial aid provided the
6 district, an aggregate of State and local resources are
7 available to meet the basic education needs of pupils in the
8 district.
9     (2) For the 1998-1999 school year, the Foundation Level of
10 support is $4,225. For the 1999-2000 school year, the
11 Foundation Level of support is $4,325. For the 2000-2001 school
12 year, the Foundation Level of support is $4,425. For the
13 2001-2002 school year and 2002-2003 school year, the Foundation
14 Level of support is $4,560. For the 2003-2004 school year, the
15 Foundation Level of support is $4,810. For the 2004-2005 school
16 year, the Foundation Level of support is $4,964. For the
17 2005-2006 school year, the Foundation Level of support is
18 $5,164. For the 2006-2007 school year, the Foundation Level of
19 support is $5,334. For the 2007-2008 school year, the
20 Foundation Level of support is $5,734. For the 2008-2009 school
21 year, the Foundation Level of support is $5,959.
22     (3) For the 2009-2010 school year and each school year
23 thereafter, the Foundation Level of support is $6,119 or such
24 greater amount as may be established by law by the General
25 Assembly.
 

 

 

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1 (C) Average Daily Attendance.
2     (1) For purposes of calculating general State aid pursuant
3 to subsection (E), an Average Daily Attendance figure shall be
4 utilized. The Average Daily Attendance figure for formula
5 calculation purposes shall be the monthly average of the actual
6 number of pupils in attendance of each school district, as
7 further averaged for the best 3 months of pupil attendance for
8 each school district. In compiling the figures for the number
9 of pupils in attendance, school districts and the State Board
10 of Education shall, for purposes of general State aid funding,
11 conform attendance figures to the requirements of subsection
12 (F).
13     (2) The Average Daily Attendance figures utilized in
14 subsection (E) shall be the requisite attendance data for the
15 school year immediately preceding the school year for which
16 general State aid is being calculated or the average of the
17 attendance data for the 3 preceding school years, whichever is
18 greater. The Average Daily Attendance figures utilized in
19 subsection (H) shall be the requisite attendance data for the
20 school year immediately preceding the school year for which
21 general State aid is being calculated.
 
22 (D) Available Local Resources.
23     (1) For purposes of calculating general State aid pursuant
24 to subsection (E), a representation of Available Local
25 Resources per pupil, as that term is defined and determined in

 

 

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1 this subsection, shall be utilized. Available Local Resources
2 per pupil shall include a calculated dollar amount representing
3 local school district revenues from local property taxes and
4 from Corporate Personal Property Replacement Taxes, expressed
5 on the basis of pupils in Average Daily Attendance. Calculation
6 of Available Local Resources shall exclude any tax amnesty
7 funds received as a result of Public Act 93-26.
8     (2) In determining a school district's revenue from local
9 property taxes, the State Board of Education shall utilize the
10 equalized assessed valuation of all taxable property of each
11 school district as of September 30 of the previous year. The
12 equalized assessed valuation utilized shall be obtained and
13 determined as provided in subsection (G).
14     (3) For school districts maintaining grades kindergarten
15 through 12, local property tax revenues per pupil shall be
16 calculated as the product of the applicable equalized assessed
17 valuation for the district multiplied by 3.00%, and divided by
18 the district's Average Daily Attendance figure. For school
19 districts maintaining grades kindergarten through 8, local
20 property tax revenues per pupil shall be calculated as the
21 product of the applicable equalized assessed valuation for the
22 district multiplied by 2.30%, and divided by the district's
23 Average Daily Attendance figure. For school districts
24 maintaining grades 9 through 12, local property tax revenues
25 per pupil shall be the applicable equalized assessed valuation
26 of the district multiplied by 1.05%, and divided by the

 

 

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1 district's Average Daily Attendance figure.
2     For partial elementary unit districts created pursuant to
3 Article 11E of this Code, local property tax revenues per pupil
4 shall be calculated as the product of the equalized assessed
5 valuation for property within the partial elementary unit
6 district for elementary purposes, as defined in Article 11E of
7 this Code, multiplied by 2.06% and divided by the district's
8 Average Daily Attendance figure, plus the product of the
9 equalized assessed valuation for property within the partial
10 elementary unit district for high school purposes, as defined
11 in Article 11E of this Code, multiplied by 0.94% and divided by
12 the district's Average Daily Attendance figure.
13     (4) The Corporate Personal Property Replacement Taxes paid
14 to each school district during the calendar year one year
15 before the calendar year in which a school year begins, divided
16 by the Average Daily Attendance figure for that district, shall
17 be added to the local property tax revenues per pupil as
18 derived by the application of the immediately preceding
19 paragraph (3). The sum of these per pupil figures for each
20 school district shall constitute Available Local Resources as
21 that term is utilized in subsection (E) in the calculation of
22 general State aid.
 
23 (E) Computation of General State Aid.
24     (1) For each school year, the amount of general State aid
25 allotted to a school district shall be computed by the State

 

 

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

 

 

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1 district shall be calculated as the product of $218 multiplied
2 by the Average Daily Attendance of the school district.
3     (5) The amount of general State aid allocated to a school
4 district for the 1999-2000 school year meeting the requirements
5 set forth in paragraph (4) of subsection (G) shall be increased
6 by an amount equal to the general State aid that would have
7 been received by the district for the 1998-1999 school year by
8 utilizing the Extension Limitation Equalized Assessed
9 Valuation as calculated in paragraph (4) of subsection (G) less
10 the general State aid allotted for the 1998-1999 school year.
11 This amount shall be deemed a one time increase, and shall not
12 affect any future general State aid allocations.
 
13 (F) Compilation of Average Daily Attendance.
14     (1) Each school district shall, by July 1 of each year,
15 submit to the State Board of Education, on forms prescribed by
16 the State Board of Education, attendance figures for the school
17 year that began in the preceding calendar year. The attendance
18 information so transmitted shall identify the average daily
19 attendance figures for each month of the school year. Beginning
20 with the general State aid claim form for the 2002-2003 school
21 year, districts shall calculate Average Daily Attendance as
22 provided in subdivisions (a), (b), and (c) of this paragraph
23 (1).
24         (a) In districts that do not hold year-round classes,
25     days of attendance in August shall be added to the month of

 

 

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1     September and any days of attendance in June shall be added
2     to the month of May.
3         (b) In districts in which all buildings hold year-round
4     classes, days of attendance in July and August shall be
5     added to the month of September and any days of attendance
6     in June shall be added to the month of May.
7         (c) In districts in which some buildings, but not all,
8     hold year-round classes, for the non-year-round buildings,
9     days of attendance in August shall be added to the month of
10     September and any days of attendance in June shall be added
11     to the month of May. The average daily attendance for the
12     year-round buildings shall be computed as provided in
13     subdivision (b) of this paragraph (1). To calculate the
14     Average Daily Attendance for the district, the average
15     daily attendance for the year-round buildings shall be
16     multiplied by the days in session for the non-year-round
17     buildings for each month and added to the monthly
18     attendance of the non-year-round buildings.
19     Except as otherwise provided in this Section, days of
20 attendance by pupils shall be counted only for sessions of not
21 less than 5 clock hours of school work per day under direct
22 supervision of: (i) teachers, or (ii) non-teaching personnel or
23 volunteer personnel when engaging in non-teaching duties and
24 supervising in those instances specified in subsection (a) of
25 Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
26 of legal school age and in kindergarten and grades 1 through

 

 

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1 12.
2     Days of attendance by tuition pupils shall be accredited
3 only to the districts that pay the tuition to a recognized
4 school.
5     (2) Days of attendance by pupils of less than 5 clock hours
6 of school shall be subject to the following provisions in the
7 compilation of Average Daily Attendance.
8         (a) Pupils regularly enrolled in a public school for
9     only a part of the school day may be counted on the basis
10     of 1/6 day for every class hour of instruction of 40
11     minutes or more attended pursuant to such enrollment,
12     unless a pupil is enrolled in a block-schedule format of 80
13     minutes or more of instruction, in which case the pupil may
14     be counted on the basis of the proportion of minutes of
15     school work completed each day to the minimum number of
16     minutes that school work is required to be held that day.
17         (b) Days of attendance may be less than 5 clock hours
18     on the opening and closing of the school term, and upon the
19     first day of pupil attendance, if preceded by a day or days
20     utilized as an institute or teachers' workshop.
21         (c) A session of 4 or more clock hours may be counted
22     as a day of attendance upon certification by the regional
23     superintendent, and approved by the State Superintendent
24     of Education to the extent that the district has been
25     forced to use daily multiple sessions.
26         (d) A session of 3 or more clock hours may be counted

 

 

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1     as a day of attendance (1) when the remainder of the school
2     day or at least 2 hours in the evening of that day is
3     utilized for an in-service training program for teachers,
4     up to a maximum of 5 days per school year, provided a
5     district conducts an in-service training program for
6     teachers in accordance with Section 10-22.39 of this Code;
7     or, in lieu of 4 such days, 2 full days may be used, in
8     which event each such day may be counted as a day required
9     for a legal school calendar pursuant to Section 10-19 of
10     this Code; (1.5) when, of the 5 days allowed under item
11     (1), a maximum of 4 days are used for parent-teacher
12     conferences, or, in lieu of 4 such days, 2 full days are
13     used, in which case each such day may be counted as a
14     calendar day required under Section 10-19 of this Code,
15     provided that the full-day, parent-teacher conference
16     consists of (i) a minimum of 5 clock hours of
17     parent-teacher conferences, (ii) both a minimum of 2 clock
18     hours of parent-teacher conferences held in the evening
19     following a full day of student attendance, as specified in
20     subsection (F)(1)(c), and a minimum of 3 clock hours of
21     parent-teacher conferences held on the day immediately
22     following evening parent-teacher conferences, or (iii)
23     multiple parent-teacher conferences held in the evenings
24     following full days of student attendance, as specified in
25     subsection (F)(1)(c), in which the time used for the
26     parent-teacher conferences is equivalent to a minimum of 5

 

 

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1     clock hours; and (2) when days in addition to those
2     provided in items (1) and (1.5) are scheduled by a school
3     pursuant to its school improvement plan adopted under
4     Article 34 or its revised or amended school improvement
5     plan adopted under Article 2, provided that (i) such
6     sessions of 3 or more clock hours are scheduled to occur at
7     regular intervals, (ii) the remainder of the school days in
8     which such sessions occur are utilized for in-service
9     training programs or other staff development activities
10     for teachers, and (iii) a sufficient number of minutes of
11     school work under the direct supervision of teachers are
12     added to the school days between such regularly scheduled
13     sessions to accumulate not less than the number of minutes
14     by which such sessions of 3 or more clock hours fall short
15     of 5 clock hours. Any full days used for the purposes of
16     this paragraph shall not be considered for computing
17     average daily attendance. Days scheduled for in-service
18     training programs, staff development activities, or
19     parent-teacher conferences may be scheduled separately for
20     different grade levels and different attendance centers of
21     the district.
22         (e) A session of not less than one clock hour of
23     teaching hospitalized or homebound pupils on-site or by
24     telephone to the classroom may be counted as 1/2 day of
25     attendance, however these pupils must receive 4 or more
26     clock hours of instruction to be counted for a full day of

 

 

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1     attendance.
2         (f) A session of at least 4 clock hours may be counted
3     as a day of attendance for first grade pupils, and pupils
4     in full day kindergartens, and a session of 2 or more hours
5     may be counted as 1/2 day of attendance by pupils in
6     kindergartens which provide only 1/2 day of attendance.
7         (g) For children with disabilities who are below the
8     age of 6 years and who cannot attend 2 or more clock hours
9     because of their disability or immaturity, a session of not
10     less than one clock hour may be counted as 1/2 day of
11     attendance; however for such children whose educational
12     needs so require a session of 4 or more clock hours may be
13     counted as a full day of attendance.
14         (h) A recognized kindergarten which provides for only
15     1/2 day of attendance by each pupil shall not have more
16     than 1/2 day of attendance counted in any one day. However,
17     kindergartens may count 2 1/2 days of attendance in any 5
18     consecutive school days. When a pupil attends such a
19     kindergarten for 2 half days on any one school day, the
20     pupil shall have the following day as a day absent from
21     school, unless the school district obtains permission in
22     writing from the State Superintendent of Education.
23     Attendance at kindergartens which provide for a full day of
24     attendance by each pupil shall be counted the same as
25     attendance by first grade pupils. Only the first year of
26     attendance in one kindergarten shall be counted, except in

 

 

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1     case of children who entered the kindergarten in their
2     fifth year whose educational development requires a second
3     year of kindergarten as determined under the rules and
4     regulations of the State Board of Education.
5         (i) On the days when the Prairie State Achievement
6     Examination is administered under subsection (c) of
7     Section 2-3.64 of this Code, the day of attendance for a
8     pupil whose school day must be shortened to accommodate
9     required testing procedures may be less than 5 clock hours
10     and shall be counted towards the 176 days of actual pupil
11     attendance required under Section 10-19 of this Code,
12     provided that a sufficient number of minutes of school work
13     in excess of 5 clock hours are first completed on other
14     school days to compensate for the loss of school work on
15     the examination days.
 
16 (G) Equalized Assessed Valuation Data.
17     (1) For purposes of the calculation of Available Local
18 Resources required pursuant to subsection (D), the State Board
19 of Education shall secure from the Department of Revenue the
20 value as equalized or assessed by the Department of Revenue of
21 all taxable property of every school district, together with
22 (i) the applicable tax rate used in extending taxes for the
23 funds of the district as of September 30 of the previous year
24 and (ii) the limiting rate for all school districts subject to
25 property tax extension limitations as imposed under the

 

 

HB4886 - 20 - LRB096 15868 MJR 31110 b

1 Property Tax Extension Limitation Law.
2     The Department of Revenue shall add to the equalized
3 assessed value of all taxable property of each school district
4 situated entirely or partially within a county that is or was
5 subject to the provisions of Section 15-176 or 15-177 of the
6 Property Tax Code (a) an amount equal to the total amount by
7 which the homestead exemption allowed under Section 15-176 or
8 15-177 of the Property Tax Code for real property situated in
9 that school district exceeds the total amount that would have
10 been allowed in that school district if the maximum reduction
11 under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
12 all other counties in tax year 2003 or (ii) $5,000 in all
13 counties in tax year 2004 and thereafter and (b) an amount
14 equal to the aggregate amount for the taxable year of all
15 additional exemptions under Section 15-175 of the Property Tax
16 Code for owners with a household income of $30,000 or less. The
17 county clerk of any county that is or was subject to the
18 provisions of Section 15-176 or 15-177 of the Property Tax Code
19 shall annually calculate and certify to the Department of
20 Revenue for each school district all homestead exemption
21 amounts under Section 15-176 or 15-177 of the Property Tax Code
22 and all amounts of additional exemptions under Section 15-175
23 of the Property Tax Code for owners with a household income of
24 $30,000 or less. It is the intent of this paragraph that if the
25 general homestead exemption for a parcel of property is
26 determined under Section 15-176 or 15-177 of the Property Tax

 

 

HB4886 - 21 - LRB096 15868 MJR 31110 b

1 Code rather than Section 15-175, then the calculation of
2 Available Local Resources shall not be affected by the
3 difference, if any, between the amount of the general homestead
4 exemption allowed for that parcel of property under Section
5 15-176 or 15-177 of the Property Tax Code and the amount that
6 would have been allowed had the general homestead exemption for
7 that parcel of property been determined under Section 15-175 of
8 the Property Tax Code. It is further the intent of this
9 paragraph that if additional exemptions are allowed under
10 Section 15-175 of the Property Tax Code for owners with a
11 household income of less than $30,000, then the calculation of
12 Available Local Resources shall not be affected by the
13 difference, if any, because of those additional exemptions.
14     This equalized assessed valuation, as adjusted further by
15 the requirements of this subsection, shall be utilized in the
16 calculation of Available Local Resources.
17     (2) The equalized assessed valuation in paragraph (1) shall
18 be adjusted, as applicable, in the following manner:
19         (a) For the purposes of calculating State aid under
20     this Section, with respect to any part of a school district
21     within a redevelopment project area in respect to which a
22     municipality has adopted tax increment allocation
23     financing pursuant to the Tax Increment Allocation
24     Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
25     of the Illinois Municipal Code or the Industrial Jobs
26     Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the

 

 

HB4886 - 22 - LRB096 15868 MJR 31110 b

1     Illinois Municipal Code, no part of the current equalized
2     assessed valuation of real property located in any such
3     project area which is attributable to an increase above the
4     total initial equalized assessed valuation of such
5     property shall be used as part of the equalized assessed
6     valuation of the district, until such time as all
7     redevelopment project costs have been paid, as provided in
8     Section 11-74.4-8 of the Tax Increment Allocation
9     Redevelopment Act or in Section 11-74.6-35 of the
10     Industrial Jobs Recovery Law. For the purpose of the
11     equalized assessed valuation of the district, the total
12     initial equalized assessed valuation or the current
13     equalized assessed valuation, whichever is lower, shall be
14     used until such time as all redevelopment project costs
15     have been paid.
16         (b) The real property equalized assessed valuation for
17     a school district shall be adjusted by subtracting from the
18     real property value as equalized or assessed by the
19     Department of Revenue for the district an amount computed
20     by dividing the amount of any abatement of taxes under
21     Section 18-170 of the Property Tax Code by 3.00% for a
22     district maintaining grades kindergarten through 12, by
23     2.30% for a district maintaining grades kindergarten
24     through 8, or by 1.05% for a district maintaining grades 9
25     through 12 and adjusted by an amount computed by dividing
26     the amount of any abatement of taxes under subsection (a)

 

 

HB4886 - 23 - LRB096 15868 MJR 31110 b

1     of Section 18-165 of the Property Tax Code by the same
2     percentage rates for district type as specified in this
3     subparagraph (b).
4     (3) For the 1999-2000 school year and each school year
5 thereafter, if a school district meets all of the criteria of
6 this subsection (G)(3), the school district's Available Local
7 Resources shall be calculated under subsection (D) using the
8 district's Extension Limitation Equalized Assessed Valuation
9 as calculated under this subsection (G)(3).
10     For purposes of this subsection (G)(3) the following terms
11 shall have the following meanings:
12         "Budget Year": The school year for which general State
13     aid is calculated and awarded under subsection (E).
14         "Base Tax Year": The property tax levy year used to
15     calculate the Budget Year allocation of general State aid.
16         "Preceding Tax Year": The property tax levy year
17     immediately preceding the Base Tax Year.
18         "Base Tax Year's Tax Extension": The product of the
19     equalized assessed valuation utilized by the County Clerk
20     in the Base Tax Year multiplied by the limiting rate as
21     calculated by the County Clerk and defined in the Property
22     Tax Extension Limitation Law.
23         "Preceding Tax Year's Tax Extension": The product of
24     the equalized assessed valuation utilized by the County
25     Clerk in the Preceding Tax Year multiplied by the Operating
26     Tax Rate as defined in subsection (A).

 

 

HB4886 - 24 - LRB096 15868 MJR 31110 b

1         "Extension Limitation Ratio": A numerical ratio,
2     certified by the County Clerk, in which the numerator is
3     the Base Tax Year's Tax Extension and the denominator is
4     the Preceding Tax Year's Tax Extension.
5         "Operating Tax Rate": The operating tax rate as defined
6     in subsection (A).
7     If a school district is subject to property tax extension
8 limitations as imposed under the Property Tax Extension
9 Limitation Law, the State Board of Education shall calculate
10 the Extension Limitation Equalized Assessed Valuation of that
11 district. For the 1999-2000 school year, the Extension
12 Limitation Equalized Assessed Valuation of a school district as
13 calculated by the State Board of Education shall be equal to
14 the product of the district's 1996 Equalized Assessed Valuation
15 and the district's Extension Limitation Ratio. Except as
16 otherwise provided in this paragraph for a school district that
17 has approved or does approve an increase in its limiting rate,
18 for the 2000-2001 school year and each school year thereafter,
19 the Extension Limitation Equalized Assessed Valuation of a
20 school district as calculated by the State Board of Education
21 shall be equal to the product of the Equalized Assessed
22 Valuation last used in the calculation of general State aid and
23 the district's Extension Limitation Ratio. If the Extension
24 Limitation Equalized Assessed Valuation of a school district as
25 calculated under this subsection (G)(3) is less than the
26 district's equalized assessed valuation as calculated pursuant

 

 

HB4886 - 25 - LRB096 15868 MJR 31110 b

1 to subsections (G)(1) and (G)(2), then for purposes of
2 calculating the district's general State aid for the Budget
3 Year pursuant to subsection (E), that Extension Limitation
4 Equalized Assessed Valuation shall be utilized to calculate the
5 district's Available Local Resources under subsection (D). For
6 the 2009-2010 school year and each school year thereafter, if a
7 school district has approved or does approve an increase in its
8 limiting rate, pursuant to Section 18-190 of the Property Tax
9 Code, affecting the Base Tax Year, the Extension Limitation
10 Equalized Assessed Valuation of the school district, as
11 calculated by the State Board of Education, shall be equal to
12 the product of the Equalized Assessed Valuation last used in
13 the calculation of general State aid times an amount equal to
14 one plus the percentage increase, if any, in the Consumer Price
15 Index for all Urban Consumers for all items published by the
16 United States Department of Labor for the 12-month calendar
17 year preceding the Base Tax Year, plus the Equalized Assessed
18 Valuation of new property, annexed property, and recovered tax
19 increment value and minus the Equalized Assessed Valuation of
20 disconnected property. New property and recovered tax
21 increment value shall have the meanings set forth in the
22 Property Tax Extension Limitation Law.
23     Partial elementary unit districts created in accordance
24 with Article 11E of this Code shall not be eligible for the
25 adjustment in this subsection (G)(3) until the fifth year
26 following the effective date of the reorganization.

 

 

HB4886 - 26 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 - 27 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 - 28 - LRB096 15868 MJR 31110 b

1 Board of Education shall calculate and pay to eligible
2 districts on a prorated basis.
3     (1.5) This paragraph (1.5) applies only to those school
4 years preceding the 2003-2004 school year. For purposes of this
5 subsection (H), the term "Low-Income Concentration Level"
6 shall be the low-income eligible pupil count from the most
7 recently available federal census divided by the Average Daily
8 Attendance of the school district. If, however, (i) the
9 percentage decrease from the 2 most recent federal censuses in
10 the low-income eligible pupil count of a high school district
11 with fewer than 400 students exceeds by 75% or more the
12 percentage change in the total low-income eligible pupil count
13 of contiguous elementary school districts, whose boundaries
14 are coterminous with the high school district, or (ii) a high
15 school district within 2 counties and serving 5 elementary
16 school districts, whose boundaries are coterminous with the
17 high school district, has a percentage decrease from the 2 most
18 recent federal censuses in the low-income eligible pupil count
19 and there is a percentage increase in the total low-income
20 eligible pupil count of a majority of the elementary school
21 districts in excess of 50% from the 2 most recent federal
22 censuses, then the high school district's low-income eligible
23 pupil count from the earlier federal census shall be the number
24 used as the low-income eligible pupil count for the high school
25 district, for purposes of this subsection (H). The changes made
26 to this paragraph (1) by Public Act 92-28 shall apply to

 

 

HB4886 - 29 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 - 30 - LRB096 15868 MJR 31110 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.

 

 

HB4886 - 31 - LRB096 15868 MJR 31110 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

 

 

HB4886 - 32 - LRB096 15868 MJR 31110 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 and each school year
16 thereafter through the 2008-2009 school year only, the grant
17 shall be no less than the grant for the 2002-2003 school year.
18 For the 2009-2010 school year only, the grant shall be no less
19 than the grant for the 2002-2003 school year multiplied by
20 0.66. For the 2010-2011 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.

 

 

HB4886 - 33 - LRB096 15868 MJR 31110 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

 

 

HB4886 - 34 - LRB096 15868 MJR 31110 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

 

 

HB4886 - 35 - LRB096 15868 MJR 31110 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

 

 

HB4886 - 36 - LRB096 15868 MJR 31110 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

 

 

HB4886 - 37 - LRB096 15868 MJR 31110 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.
 

 

 

HB4886 - 38 - LRB096 15868 MJR 31110 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

 

 

HB4886 - 39 - LRB096 15868 MJR 31110 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

 

 

HB4886 - 40 - LRB096 15868 MJR 31110 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.
 

 

 

HB4886 - 41 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 - 42 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 - 43 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 - 44 - LRB096 15868 MJR 31110 b

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. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
21 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
22 8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
23 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised

 

 

HB4886 - 45 - LRB096 15868 MJR 31110 b

1 10-23-09.)
 
2     (105 ILCS 5/34-21.4a new)
3     Sec. 34-21.4a. Four-day school week plan. The school
4 district may, by resolution of the board, operate on a 4-day
5 school week plan in accordance with Section 10-19.1 of this
6 Code if the plan is approved by the State Board of Education.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.