HB4886 Engrossed 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 adding Section
5 10-19.4 and by changing Sections 14-13.01 and 18-8.05 as
6 follows:
 
7     (105 ILCS 5/10-19.4 new)
8     Sec. 10-19.4. Alternative school calendar for 4-day school
9 week.
10     (a) A school district may, by board resolution, adopt an
11 alternative school calendar for a 4-day school week in
12 accordance with this Section, which must be approved by the
13 State Board of Education. A school district adopting an
14 alternative calendar must adopt the calendar for all buildings
15 in the entire district. The school board shall annually prepare
16 a calendar for the school term, specifying the opening and
17 closing dates and providing a minimum term of at least 150 days
18 to ensure 141 days of actual pupil attendance, as computed in
19 subsection (F-5) of Section 18-8.05 of this Code. Any days
20 allowed by law for teachers' institutes but not used as such or
21 used as parental institutes as provided in Section 10-22.18d
22 shall increase the minimum term by the school days not so used.
23 In case of such necessary extension, school employees shall be

 

 

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

 

 

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1 agents, establish experimental educational programs,
2 including, but not limited to, programs for self-directed
3 learning or outside of formal class periods, which programs
4 when so approved shall be considered to comply with the
5 requirements of this Section as respects number of days of
6 actual pupil attendance and with the other requirements of this
7 Code as respects courses of instruction.
 
8     (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
9     Sec. 14-13.01. Reimbursement payable by State; amounts for
10 personnel and transportation.
11     (a) For staff working on behalf of children who have not
12 been identified as eligible for special education and for
13 eligible children with physical disabilities, including all
14 eligible children whose placement has been determined under
15 Section 14-8.02 in hospital or home instruction, 1/2 of the
16 teacher's salary but not more than $1,000 annually per child or
17 $9,000 per teacher, whichever is less. To qualify for home or
18 hospital instruction, a child must, due to a medical condition,
19 be unable to attend school, and instead must be instructed at
20 home or in the hospital, for a period of 2 or more consecutive
21 weeks or on an ongoing intermittent basis. In order to
22 establish eligibility for home or hospital services, a
23 student's parent or guardian must submit to the child's school
24 district of residence a written statement from a physician
25 licensed to practice medicine in all of its branches stating

 

 

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1 the existence of such medical condition, the impact on the
2 child's ability to participate in education, and the
3 anticipated duration or nature of the child's absence from
4 school. Eligible children to be included in any reimbursement
5 under this paragraph must regularly receive a minimum of one
6 hour of instruction each school day, or in lieu thereof of a
7 minimum of 5 hours of instruction in each school week in order
8 to qualify for full reimbursement under this Section. If the
9 attending physician for such a child has certified that the
10 child should not receive as many as 5 hours of instruction in a
11 school week, however, reimbursement under this paragraph on
12 account of that child shall be computed proportionate to the
13 actual hours of instruction per week for that child divided by
14 5. Children who are enrolled in schools that have an approved
15 4-day school week must regularly receive a minimum of 75
16 minutes of instruction each school day or, in lieu thereof, a
17 minimum of 375 minutes in each school week in order to qualify
18 for full reimbursement under this Section. If the attending
19 physician for the child has certified that the child should not
20 receive as many as 375 minutes of instruction in a school week,
21 however, reimbursement under this subsection (a) on account of
22 that child shall be computed proportionate to the actual
23 minutes of instruction per week for that child divided by 375.
24 The State Board of Education shall establish rules governing
25 the required qualifications of staff providing home or hospital
26 instruction.

 

 

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1     (b) For children described in Section 14-1.02, 80% of the
2 cost of transportation approved as a related service in the
3 Individualized Education Program for each student in order to
4 take advantage of special educational facilities.
5 Transportation costs shall be determined in the same fashion as
6 provided in Section 29-5. For purposes of this subsection (b),
7 the dates for processing claims specified in Section 29-5 shall
8 apply.
9     (c) For each qualified worker, the annual sum of $9,000.
10     (d) For one full time qualified director of the special
11 education program of each school district which maintains a
12 fully approved program of special education the annual sum of
13 $9,000. Districts participating in a joint agreement special
14 education program shall not receive such reimbursement if
15 reimbursement is made for a director of the joint agreement
16 program.
17     (e) (Blank).
18     (f) (Blank).
19     (g) For readers, working with blind or partially seeing
20 children 1/2 of their salary but not more than $400 annually
21 per child. Readers may be employed to assist such children and
22 shall not be required to be certified but prior to employment
23 shall meet standards set up by the State Board of Education.
24     (h) For non-certified employees, as defined by rules
25 promulgated by the State Board of Education, who deliver
26 services to students with IEPs, 1/2 of the salary paid or

 

 

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1 $3,500 per employee, whichever is less.
2     The State Board of Education shall set standards and
3 prescribe rules for determining the allocation of
4 reimbursement under this section on less than a full time basis
5 and for less than a school year.
6     When any school district eligible for reimbursement under
7 this Section operates a school or program approved by the State
8 Superintendent of Education for a number of days in excess of
9 the adopted school calendar but not to exceed 235 school days,
10 such reimbursement shall be increased by 1/180 of the amount or
11 rate paid hereunder for each day such school is operated in
12 excess of 180 days per calendar year.
13     When any school district eligible for reimbursement under
14 this Section operates a school or program approved by the State
15 Superintendent of Education for a number of days in excess of
16 an approved 4-day school week not to exceed 205 school days,
17 such reimbursement shall be increased by 1/150 of the amount or
18 rate paid under this Section for each day the school is
19 operated in excess of 150 days per calendar year.
20     Notwithstanding any other provision of law, any school
21 district receiving a payment under this Section or under
22 Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
23 all or a portion of the funds that it receives in a particular
24 fiscal year or from general State aid pursuant to Section
25 18-8.05 of this Code as funds received in connection with any
26 funding program for which it is entitled to receive funds from

 

 

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1 the State in that fiscal year (including, without limitation,
2 any funding program referenced in this Section), regardless of
3 the source or timing of the receipt. The district may not
4 classify more funds as funds received in connection with the
5 funding program than the district is entitled to receive in
6 that fiscal year for that program. Any classification by a
7 district must be made by a resolution of its board of
8 education. The resolution must identify the amount of any
9 payments or general State aid to be classified under this
10 paragraph and must specify the funding program to which the
11 funds are to be treated as received in connection therewith.
12 This resolution is controlling as to the classification of
13 funds referenced therein. A certified copy of the resolution
14 must be sent to the State Superintendent of Education. The
15 resolution shall still take effect even though a copy of the
16 resolution has not been sent to the State Superintendent of
17 Education in a timely manner. No classification under this
18 paragraph by a district shall affect the total amount or timing
19 of money the district is entitled to receive under this Code.
20 No classification under this paragraph by a district shall in
21 any way relieve the district from or affect any requirements
22 that otherwise would apply with respect to that funding
23 program, including any accounting of funds by source, reporting
24 expenditures by original source and purpose, reporting
25 requirements, or requirements of providing services.
26 (Source: P.A. 95-415, eff. 8-24-07; 95-707, eff. 1-11-08;

 

 

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1 96-257, eff. 8-11-09.)
 
2     (105 ILCS 5/18-8.05)
3     Sec. 18-8.05. Basis for apportionment of general State
4 financial aid and supplemental general State aid to the common
5 schools for the 1998-1999 and subsequent school years.
 
6 (A) General Provisions.
7     (1) The provisions of this Section apply to the 1998-1999
8 and subsequent school years. The system of general State
9 financial aid provided for in this Section is designed to
10 assure that, through a combination of State financial aid and
11 required local resources, the financial support provided each
12 pupil in Average Daily Attendance equals or exceeds a
13 prescribed per pupil Foundation Level. This formula approach
14 imputes a level of per pupil Available Local Resources and
15 provides for the basis to calculate a per pupil level of
16 general State financial aid that, when added to Available Local
17 Resources, equals or exceeds the Foundation Level. The amount
18 of per pupil general State financial aid for school districts,
19 in general, varies in inverse relation to Available Local
20 Resources. Per pupil amounts are based upon each school
21 district's Average Daily Attendance as that term is defined in
22 this Section.
23     (2) In addition to general State financial aid, school
24 districts with specified levels or concentrations of pupils

 

 

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

 

 

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1         (b) School district claims filed under this Section are
2     subject to Sections 18-9 and 18-12, except as otherwise
3     provided in this Section.
4         (c) If a school district operates a full year school
5     under Section 10-19.1, the general State aid to the school
6     district shall be determined by the State Board of
7     Education in accordance with this Section as near as may be
8     applicable.
9         (d) (Blank).
10     (4) Except as provided in subsections (H) and (L), the
11 board of any district receiving any of the grants provided for
12 in this Section may apply those funds to any fund so received
13 for which that board is authorized to make expenditures by law.
14     School districts are not required to exert a minimum
15 Operating Tax Rate in order to qualify for assistance under
16 this Section.
17     (5) As used in this Section the following terms, when
18 capitalized, shall have the meaning ascribed herein:
19         (a) "Average Daily Attendance": A count of pupil
20     attendance in school, averaged as provided for in
21     subsection (C) and utilized in deriving per pupil financial
22     support levels.
23         (b) "Available Local Resources": A computation of
24     local financial support, calculated on the basis of Average
25     Daily Attendance and derived as provided pursuant to
26     subsection (D).

 

 

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1         (c) "Corporate Personal Property Replacement Taxes":
2     Funds paid to local school districts pursuant to "An Act in
3     relation to the abolition of ad valorem personal property
4     tax and the replacement of revenues lost thereby, and
5     amending and repealing certain Acts and parts of Acts in
6     connection therewith", certified August 14, 1979, as
7     amended (Public Act 81-1st S.S.-1).
8         (d) "Foundation Level": A prescribed level of per pupil
9     financial support as provided for in subsection (B).
10         (e) "Operating Tax Rate": All school district property
11     taxes extended for all purposes, except Bond and Interest,
12     Summer School, Rent, Capital Improvement, and Vocational
13     Education Building purposes.
 
14 (B) Foundation Level.
15     (1) The Foundation Level is a figure established by the
16 State representing the minimum level of per pupil financial
17 support that should be available to provide for the basic
18 education of each pupil in Average Daily Attendance. As set
19 forth in this Section, each school district is assumed to exert
20 a sufficient local taxing effort such that, in combination with
21 the aggregate of general State financial aid provided the
22 district, an aggregate of State and local resources are
23 available to meet the basic education needs of pupils in the
24 district.
25     (2) For the 1998-1999 school year, the Foundation Level of

 

 

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1 support is $4,225. For the 1999-2000 school year, the
2 Foundation Level of support is $4,325. For the 2000-2001 school
3 year, the Foundation Level of support is $4,425. For the
4 2001-2002 school year and 2002-2003 school year, the Foundation
5 Level of support is $4,560. For the 2003-2004 school year, the
6 Foundation Level of support is $4,810. For the 2004-2005 school
7 year, the Foundation Level of support is $4,964. For the
8 2005-2006 school year, the Foundation Level of support is
9 $5,164. For the 2006-2007 school year, the Foundation Level of
10 support is $5,334. For the 2007-2008 school year, the
11 Foundation Level of support is $5,734. For the 2008-2009 school
12 year, the Foundation Level of support is $5,959.
13     (3) For the 2009-2010 school year and each school year
14 thereafter, the Foundation Level of support is $6,119 or such
15 greater amount as may be established by law by the General
16 Assembly.
 
17 (C) Average Daily Attendance.
18     (1) For purposes of calculating general State aid pursuant
19 to subsection (E), an Average Daily Attendance figure shall be
20 utilized. The Average Daily Attendance figure for formula
21 calculation purposes shall be the monthly average of the actual
22 number of pupils in attendance of each school district, as
23 further averaged for the best 3 months of pupil attendance for
24 each school district. In compiling the figures for the number
25 of pupils in attendance, school districts and the State Board

 

 

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1 of Education shall, for purposes of general State aid funding,
2 conform attendance figures to the requirements of subsection
3 (F).
4     (2) The Average Daily Attendance figures utilized in
5 subsection (E) shall be the requisite attendance data for the
6 school year immediately preceding the school year for which
7 general State aid is being calculated or the average of the
8 attendance data for the 3 preceding school years, whichever is
9 greater. The Average Daily Attendance figures utilized in
10 subsection (H) shall be the requisite attendance data for the
11 school year immediately preceding the school year for which
12 general State aid is being calculated.
 
13 (D) Available Local Resources.
14     (1) For purposes of calculating general State aid pursuant
15 to subsection (E), a representation of Available Local
16 Resources per pupil, as that term is defined and determined in
17 this subsection, shall be utilized. Available Local Resources
18 per pupil shall include a calculated dollar amount representing
19 local school district revenues from local property taxes and
20 from Corporate Personal Property Replacement Taxes, expressed
21 on the basis of pupils in Average Daily Attendance. Calculation
22 of Available Local Resources shall exclude any tax amnesty
23 funds received as a result of Public Act 93-26.
24     (2) In determining a school district's revenue from local
25 property taxes, the State Board of Education shall utilize the

 

 

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1 equalized assessed valuation of all taxable property of each
2 school district as of September 30 of the previous year. The
3 equalized assessed valuation utilized shall be obtained and
4 determined as provided in subsection (G).
5     (3) For school districts maintaining grades kindergarten
6 through 12, local property tax revenues per pupil shall be
7 calculated as the product of the applicable equalized assessed
8 valuation for the district multiplied by 3.00%, and divided by
9 the district's Average Daily Attendance figure. For school
10 districts maintaining grades kindergarten through 8, local
11 property tax revenues per pupil shall be calculated as the
12 product of the applicable equalized assessed valuation for the
13 district multiplied by 2.30%, and divided by the district's
14 Average Daily Attendance figure. For school districts
15 maintaining grades 9 through 12, local property tax revenues
16 per pupil shall be the applicable equalized assessed valuation
17 of the district multiplied by 1.05%, and divided by the
18 district's Average Daily Attendance figure.
19     For partial elementary unit districts created pursuant to
20 Article 11E of this Code, local property tax revenues per pupil
21 shall be calculated as the product of the equalized assessed
22 valuation for property within the partial elementary unit
23 district for elementary purposes, as defined in Article 11E of
24 this Code, multiplied by 2.06% and divided by the district's
25 Average Daily Attendance figure, plus the product of the
26 equalized assessed valuation for property within the partial

 

 

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1 elementary unit district for high school purposes, as defined
2 in Article 11E of this Code, multiplied by 0.94% and divided by
3 the district's Average Daily Attendance figure.
4     (4) The Corporate Personal Property Replacement Taxes paid
5 to each school district during the calendar year one year
6 before the calendar year in which a school year begins, divided
7 by the Average Daily Attendance figure for that district, shall
8 be added to the local property tax revenues per pupil as
9 derived by the application of the immediately preceding
10 paragraph (3). The sum of these per pupil figures for each
11 school district shall constitute Available Local Resources as
12 that term is utilized in subsection (E) in the calculation of
13 general State aid.
 
14 (E) Computation of General State Aid.
15     (1) For each school year, the amount of general State aid
16 allotted to a school district shall be computed by the State
17 Board of Education as provided in this subsection.
18     (2) For any school district for which Available Local
19 Resources per pupil is less than the product of 0.93 times the
20 Foundation Level, general State aid for that district shall be
21 calculated as an amount equal to the Foundation Level minus
22 Available Local Resources, multiplied by the Average Daily
23 Attendance of the school district.
24     (3) For any school district for which Available Local
25 Resources per pupil is equal to or greater than the product of

 

 

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1 0.93 times the Foundation Level and less than the product of
2 1.75 times the Foundation Level, the general State aid per
3 pupil shall be a decimal proportion of the Foundation Level
4 derived using a linear algorithm. Under this linear algorithm,
5 the calculated general State aid per pupil shall decline in
6 direct linear fashion from 0.07 times the Foundation Level for
7 a school district with Available Local Resources equal to the
8 product of 0.93 times the Foundation Level, to 0.05 times the
9 Foundation Level for a school district with Available Local
10 Resources equal to the product of 1.75 times the Foundation
11 Level. The allocation of general State aid for school districts
12 subject to this paragraph 3 shall be the calculated general
13 State aid per pupil figure multiplied by the Average Daily
14 Attendance of the school district.
15     (4) For any school district for which Available Local
16 Resources per pupil equals or exceeds the product of 1.75 times
17 the Foundation Level, the general State aid for the school
18 district shall be calculated as the product of $218 multiplied
19 by the Average Daily Attendance of the school district.
20     (5) The amount of general State aid allocated to a school
21 district for the 1999-2000 school year meeting the requirements
22 set forth in paragraph (4) of subsection (G) shall be increased
23 by an amount equal to the general State aid that would have
24 been received by the district for the 1998-1999 school year by
25 utilizing the Extension Limitation Equalized Assessed
26 Valuation as calculated in paragraph (4) of subsection (G) less

 

 

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1 the general State aid allotted for the 1998-1999 school year.
2 This amount shall be deemed a one time increase, and shall not
3 affect any future general State aid allocations.
 
4 (F) Compilation of Average Daily Attendance.
5     (1) Each school district shall, by July 1 of each year,
6 submit to the State Board of Education, on forms prescribed by
7 the State Board of Education, attendance figures for the school
8 year that began in the preceding calendar year. The attendance
9 information so transmitted shall identify the average daily
10 attendance figures for each month of the school year. Beginning
11 with the general State aid claim form for the 2002-2003 school
12 year, districts shall calculate Average Daily Attendance as
13 provided in subdivisions (a), (b), and (c) of this paragraph
14 (1).
15         (a) In districts that do not hold year-round classes,
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.
19         (b) In districts in which all buildings hold year-round
20     classes, days of attendance in July and August shall be
21     added to the month of September and any days of attendance
22     in June shall be added to the month of May.
23         (c) In districts in which some buildings, but not all,
24     hold year-round classes, for the non-year-round buildings,
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. The average daily attendance for the
3     year-round buildings shall be computed as provided in
4     subdivision (b) of this paragraph (1). To calculate the
5     Average Daily Attendance for the district, the average
6     daily attendance for the year-round buildings shall be
7     multiplied by the days in session for the non-year-round
8     buildings for each month and added to the monthly
9     attendance of the non-year-round buildings.
10     Except as otherwise provided in this Section, days of
11 attendance by pupils shall be counted only for sessions of not
12 less than 5 clock hours of school work per day under direct
13 supervision of: (i) teachers, or (ii) non-teaching personnel or
14 volunteer personnel when engaging in non-teaching duties and
15 supervising in those instances specified in subsection (a) of
16 Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
17 of legal school age and in kindergarten and grades 1 through
18 12.
19     Days of attendance by tuition pupils shall be accredited
20 only to the districts that pay the tuition to a recognized
21 school.
22     (2) Days of attendance by pupils of less than 5 clock hours
23 of school shall be subject to the following provisions in the
24 compilation of Average Daily Attendance.
25         (a) Pupils regularly enrolled in a public school for
26     only a part of the school day may be counted on the basis

 

 

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1     of 1/6 day for every class hour of instruction of 40
2     minutes or more attended pursuant to such enrollment,
3     unless a pupil is enrolled in a block-schedule format of 80
4     minutes or more of instruction, in which case the pupil may
5     be counted on the basis of the proportion of minutes of
6     school work completed each day to the minimum number of
7     minutes that school work is required to be held that day.
8         (b) Days of attendance may be less than 5 clock hours
9     on the opening and closing of the school term, and upon the
10     first day of pupil attendance, if preceded by a day or days
11     utilized as an institute or teachers' workshop.
12         (c) A session of 4 or more clock hours may be counted
13     as a day of attendance upon certification by the regional
14     superintendent, and approved by the State Superintendent
15     of Education to the extent that the district has been
16     forced to use daily multiple sessions.
17         (d) A session of 3 or more clock hours may be counted
18     as a day of attendance (1) when the remainder of the school
19     day or at least 2 hours in the evening of that day is
20     utilized for an in-service training program for teachers,
21     up to a maximum of 5 days per school year, provided a
22     district conducts an in-service training program for
23     teachers in accordance with Section 10-22.39 of this Code;
24     or, in lieu of 4 such days, 2 full days may be used, in
25     which event each such day may be counted as a day required
26     for a legal school calendar pursuant to Section 10-19 of

 

 

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1     this Code; (1.5) when, of the 5 days allowed under item
2     (1), a maximum of 4 days are used for parent-teacher
3     conferences, or, in lieu of 4 such days, 2 full days are
4     used, in which case each such day may be counted as a
5     calendar day required under Section 10-19 of this Code,
6     provided that the full-day, parent-teacher conference
7     consists of (i) a minimum of 5 clock hours of
8     parent-teacher conferences, (ii) both a minimum of 2 clock
9     hours of parent-teacher conferences held in the evening
10     following a full day of student attendance, as specified in
11     subsection (F)(1)(c), and a minimum of 3 clock hours of
12     parent-teacher conferences held on the day immediately
13     following evening parent-teacher conferences, or (iii)
14     multiple parent-teacher conferences held in the evenings
15     following full days of student attendance, as specified in
16     subsection (F)(1)(c), in which the time used for the
17     parent-teacher conferences is equivalent to a minimum of 5
18     clock hours; and (2) when days in addition to those
19     provided in items (1) and (1.5) are scheduled by a school
20     pursuant to its school improvement plan adopted under
21     Article 34 or its revised or amended school improvement
22     plan adopted under Article 2, provided that (i) such
23     sessions of 3 or more clock hours are scheduled to occur at
24     regular intervals, (ii) the remainder of the school days in
25     which such sessions occur are utilized for in-service
26     training programs or other staff development activities

 

 

HB4886 Engrossed - 21 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 22 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 23 - LRB096 15868 MJR 31110 b

1     and shall be counted towards the 176 days of actual pupil
2     attendance required under Section 10-19 of this Code,
3     provided that a sufficient number of minutes of school work
4     in excess of 5 clock hours are first completed on other
5     school days to compensate for the loss of school work on
6     the examination days.
 
7 (F-5) Alternative School Calendar.
8     (1) For school districts adopting an alternative school
9 calendar for a 4-day school week in accordance with Section
10 10-19.4 of this Code, days of attendance by pupils shall be
11 counted only for sessions of not less than 375 minutes of
12 school work per day under the direct supervision of (i)
13 teachers or (ii) non-teaching personnel or volunteer personnel
14 when engaging in non-teaching duties and supervising in those
15 instances specified in subsection (a) of Section 10-22.34 of
16 this Code with pupils of legal school age and in kindergarten
17 and grades 1 through 12.
18     (2) Days of attendance by tuition pupils shall be
19 accredited only to the school districts that pay the tuition to
20 a recognized school.
21     (3) Days of attendance by pupils of less than 375 minutes
22 of school are subject to the following provisions in the
23 compilation of Average Daily Attendance.
24         (a) Pupils regularly enrolled in a public school for
25     only a part of the school day may be counted on the basis

 

 

HB4886 Engrossed - 24 - LRB096 15868 MJR 31110 b

1     of 1/6 day for every class hour of instruction of 50
2     minutes or more attended pursuant to such enrollment,
3     unless a pupil is enrolled in a block-schedule format of
4     100 minutes or more of instruction, in which case the pupil
5     may be counted on the basis of the proportion of minutes of
6     school work completed each day to the minimum number of
7     minutes that school work is required to be held that day.
8         (b) Days of attendance may be less than 5 clock hours
9     on the opening and closing of the school term and upon the
10     first day of pupil attendance if preceded by a day or days
11     utilized as an institute or teachers' workshop.
12         (c) A session of 300 minutes may be counted as a day of
13     attendance, upon certification by the regional
14     superintendent and approval by the State Superintendent of
15     Education, to the extent that the district has been forced
16     to use daily multiple sessions.
17         (d) A session of 225 minutes may be counted as a day of
18     attendance (1) when the remainder of the school day or at
19     least 150 minutes in the evening of that day is utilized
20     for an in-service training program for teachers, up to a
21     maximum of 5 days per school year of which a maximum of 4
22     days of such 5 days may be used for parent-teacher
23     conferences, provided that a district conducts an
24     in-service training program for teachers that has been
25     approved by the State Superintendent of Education; or, in
26     lieu of 4 such days, 2 full days may be used, in which

 

 

HB4886 Engrossed - 25 - LRB096 15868 MJR 31110 b

1     event each such day may be counted as a day of attendance;
2     and (2) when days in addition to those provided in clause
3     (1) of this subdivision (d) are scheduled by a school
4     pursuant to its revised or amended school improvement plan
5     adopted under Article 2 of this Code, provided that (i)
6     such sessions of 225 minutes 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 225 minutes fall short of 375
15     minutes. Any full days used for the purposes of this
16     subdivision (d) shall not be considered in 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 75 minutes of teaching
23     hospitalized or homebound pupils on-site or by telephone to
24     the classroom may be counted as 1/2 day of attendance;
25     however, these pupils must receive 300 minutes or more of
26     instruction to be counted for a full day of attendance.

 

 

HB4886 Engrossed - 26 - LRB096 15868 MJR 31110 b

1         (f) A session of at least 300 minutes may be counted as
2     a day of attendance for first grade pupils and pupils in
3     full day kindergartens, and a session of 150 minutes or
4     more may be counted as 1/2 day of attendance by pupils in
5     kindergartens that provide only 1/2 day of attendance.
6         (g) For children with disabilities who are below the
7     age of 6 years and who cannot attend 150 minutes or more
8     because of their disability or immaturity, a session of not
9     less than 75 minutes may be counted as 1/2 day of
10     attendance; however, for such children whose educational
11     needs so require, a session of 4,300 minutes or more may be
12     counted as a full day of attendance.
13         (h) A recognized kindergarten that provides for only
14     1/2 day of attendance by each pupil shall not have more
15     than 1/2 day of attendance counted in any one day. However,
16     kindergartens may count 2 days of attendance in any 4
17     consecutive school days. When a pupil attends such a
18     kindergarten for 2 half-days on any one school day, the
19     pupil shall have the following day as a day absent from
20     school, unless the school district obtains permission in
21     writing from the State Superintendent of Education.
22     Attendance at kindergartens that provide for a full day of
23     attendance by each pupil shall be counted the same as
24     attendance by first grade pupils. Only the first year of
25     attendance in one kindergarten shall be counted, except in
26     case of children who entered kindergarten in their fifth

 

 

HB4886 Engrossed - 27 - LRB096 15868 MJR 31110 b

1     year and whose educational development requires a second
2     year of kindergarten as determined under the rules of the
3     State Board of Education.
4         (i) On the days when the Prairie State Achievement
5     Examination is administered under subsection (c) of
6     Section 2-3.64 of this Code, the day of attendance for a
7     pupil whose school day must be shortened to accommodate
8     required testing procedures may be less than 375 minutes
9     and shall be counted towards the 141 days of actual pupil
10     attendance required under this Section, provided that a
11     sufficient number of minutes of school work in excess of
12     375 minutes are first completed on other school days to
13     compensate for the loss of school work on the examination
14     days.
 
15 (G) Equalized Assessed Valuation Data.
16     (1) For purposes of the calculation of Available Local
17 Resources required pursuant to subsection (D), the State Board
18 of Education shall secure from the Department of Revenue the
19 value as equalized or assessed by the Department of Revenue of
20 all taxable property of every school district, together with
21 (i) the applicable tax rate used in extending taxes for the
22 funds of the district as of September 30 of the previous year
23 and (ii) the limiting rate for all school districts subject to
24 property tax extension limitations as imposed under the
25 Property Tax Extension Limitation Law.

 

 

HB4886 Engrossed - 28 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 29 - LRB096 15868 MJR 31110 b

1 Available Local Resources shall not be affected by the
2 difference, if any, between the amount of the general homestead
3 exemption allowed for that parcel of property under Section
4 15-176 or 15-177 of the Property Tax Code and the amount that
5 would have been allowed had the general homestead exemption for
6 that parcel of property been determined under Section 15-175 of
7 the Property Tax Code. It is further the intent of this
8 paragraph that if additional exemptions are allowed under
9 Section 15-175 of the Property Tax Code for owners with a
10 household income of less than $30,000, then the calculation of
11 Available Local Resources shall not be affected by the
12 difference, if any, because of those additional exemptions.
13     This equalized assessed valuation, as adjusted further by
14 the requirements of this subsection, shall be utilized in the
15 calculation of Available Local Resources.
16     (2) The equalized assessed valuation in paragraph (1) shall
17 be adjusted, as applicable, in the following manner:
18         (a) For the purposes of calculating State aid under
19     this Section, with respect to any part of a school district
20     within a redevelopment project area in respect to which a
21     municipality has adopted tax increment allocation
22     financing pursuant to the Tax Increment Allocation
23     Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
24     of the Illinois Municipal Code or the Industrial Jobs
25     Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
26     Illinois Municipal Code, no part of the current equalized

 

 

HB4886 Engrossed - 30 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 31 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 32 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 33 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 34 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 35 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 36 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 37 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 38 - LRB096 15868 MJR 31110 b

1 1999-2000, and 2000-2001 school years only:
2         (a) For any school district with a Low Income
3     Concentration Level of at least 20% and less than 35%, the
4     grant for any school year shall be $800 multiplied by the
5     low income eligible pupil count.
6         (b) For any school district with a Low Income
7     Concentration Level of at least 35% and less than 50%, the
8     grant for the 1998-1999 school year shall be $1,100
9     multiplied by the low income eligible pupil count.
10         (c) For any school district with a Low Income
11     Concentration Level of at least 50% and less than 60%, the
12     grant for the 1998-99 school year shall be $1,500
13     multiplied by the low income eligible pupil count.
14         (d) For any school district with a Low Income
15     Concentration Level of 60% or more, the grant for the
16     1998-99 school year shall be $1,900 multiplied by the low
17     income eligible pupil count.
18         (e) For the 1999-2000 school year, the per pupil amount
19     specified in subparagraphs (b), (c), and (d) immediately
20     above shall be increased to $1,243, $1,600, and $2,000,
21     respectively.
22         (f) For the 2000-2001 school year, the per pupil
23     amounts specified in subparagraphs (b), (c), and (d)
24     immediately above shall be $1,273, $1,640, and $2,050,
25     respectively.
26     (2.5) Supplemental general State aid pursuant to this

 

 

HB4886 Engrossed - 39 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 40 - LRB096 15868 MJR 31110 b

1     (2.10) Except as otherwise provided, supplemental general
2 State aid pursuant to this subsection (H) shall be provided as
3 follows for the 2003-2004 school year and each school year
4 thereafter:
5         (a) For any school district with a Low Income
6     Concentration Level of 15% or less, the grant for each
7     school year shall be $355 multiplied by the low income
8     eligible pupil count.
9         (b) For any school district with a Low Income
10     Concentration Level greater than 15%, the grant for each
11     school year shall be $294.25 added to the product of $2,700
12     and the square of the Low Income Concentration Level, all
13     multiplied by the low income eligible pupil count.
14     For the 2003-2004 school year and each school year
15 thereafter through the 2008-2009 school year only, the grant
16 shall be no less than the grant for the 2002-2003 school year.
17 For the 2009-2010 school year only, the grant shall be no less
18 than the grant for the 2002-2003 school year multiplied by
19 0.66. For the 2010-2011 school year only, the grant shall be no
20 less than the grant for the 2002-2003 school year multiplied by
21 0.33. Notwithstanding the provisions of this paragraph to the
22 contrary, if for any school year supplemental general State aid
23 grants are prorated as provided in paragraph (1) of this
24 subsection (H), then the grants under this paragraph shall be
25 prorated.
26     For the 2003-2004 school year only, the grant shall be no

 

 

HB4886 Engrossed - 41 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 42 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 43 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 44 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 45 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 46 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 47 - LRB096 15868 MJR 31110 b

1 amount of the aggregate general State aid entitlement that the
2 district received for the 1997-98 school year, the school
3 district shall also receive, from a separate appropriation made
4 for purposes of this subsection (J), a supplementary payment
5 that is equal to the amount of the difference in the aggregate
6 State aid figures as described in paragraph (1).
7     (3) (Blank).
 
8 (K) Grants to Laboratory and Alternative Schools.
9     In calculating the amount to be paid to the governing board
10 of a public university that operates a laboratory school under
11 this Section or to any alternative school that is operated by a
12 regional superintendent of schools, the State Board of
13 Education shall require by rule such reporting requirements as
14 it deems necessary.
15     As used in this Section, "laboratory school" means a public
16 school which is created and operated by a public university and
17 approved by the State Board of Education. The governing board
18 of a public university which receives funds from the State
19 Board under this subsection (K) may not increase the number of
20 students enrolled in its laboratory school from a single
21 district, if that district is already sending 50 or more
22 students, except under a mutual agreement between the school
23 board of a student's district of residence and the university
24 which operates the laboratory school. A laboratory school may
25 not have more than 1,000 students, excluding students with

 

 

HB4886 Engrossed - 48 - LRB096 15868 MJR 31110 b

1 disabilities in a special education program.
2     As used in this Section, "alternative school" means a
3 public school which is created and operated by a Regional
4 Superintendent of Schools and approved by the State Board of
5 Education. Such alternative schools may offer courses of
6 instruction for which credit is given in regular school
7 programs, courses to prepare students for the high school
8 equivalency testing program or vocational and occupational
9 training. A regional superintendent of schools may contract
10 with a school district or a public community college district
11 to operate an alternative school. An alternative school serving
12 more than one educational service region may be established by
13 the regional superintendents of schools of the affected
14 educational service regions. An alternative school serving
15 more than one educational service region may be operated under
16 such terms as the regional superintendents of schools of those
17 educational service regions may agree.
18     Each laboratory and alternative school shall file, on forms
19 provided by the State Superintendent of Education, an annual
20 State aid claim which states the Average Daily Attendance of
21 the school's students by month. The best 3 months' Average
22 Daily Attendance shall be computed for each school. The general
23 State aid entitlement shall be computed by multiplying the
24 applicable Average Daily Attendance by the Foundation Level as
25 determined under this Section.
 

 

 

HB4886 Engrossed - 49 - 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
25 appointed shall be designated by the Governor at the time the

 

 

HB4886 Engrossed - 50 - LRB096 15868 MJR 31110 b

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

 

 

HB4886 Engrossed - 51 - LRB096 15868 MJR 31110 b

1 made, those appointments shall be made as in the case of
2 vacancies.
3     The Education Funding Advisory Board shall be deemed
4 established, and the initial members appointed by the Governor
5 to serve as members of the Board shall take office, on the date
6 that the Governor makes his or her appointment of the fifth
7 initial member of the Board, whether those initial members are
8 then serving pursuant to appointment and confirmation or
9 pursuant to temporary appointments that are made by the
10 Governor as in the case of vacancies.
11     The State Board of Education shall provide such staff
12 assistance to the Education Funding Advisory Board as is
13 reasonably required for the proper performance by the Board of
14 its responsibilities.
15     For school years after the 2000-2001 school year, the
16 Education Funding Advisory Board, in consultation with the
17 State Board of Education, shall make recommendations as
18 provided in this subsection (M) to the General Assembly for the
19 foundation level under subdivision (B)(3) of this Section and
20 for the supplemental general State aid grant level under
21 subsection (H) of this Section for districts with high
22 concentrations of children from poverty. The recommended
23 foundation level shall be determined based on a methodology
24 which incorporates the basic education expenditures of
25 low-spending schools exhibiting high academic performance. The
26 Education Funding Advisory Board shall make such

 

 

HB4886 Engrossed - 52 - LRB096 15868 MJR 31110 b

1 recommendations to the General Assembly on January 1 of odd
2 numbered years, beginning January 1, 2001.
 
3 (N) (Blank).
 
4 (O) References.
5     (1) References in other laws to the various subdivisions of
6 Section 18-8 as that Section existed before its repeal and
7 replacement by this Section 18-8.05 shall be deemed to refer to
8 the corresponding provisions of this Section 18-8.05, to the
9 extent that those references remain applicable.
10     (2) References in other laws to State Chapter 1 funds shall
11 be deemed to refer to the supplemental general State aid
12 provided under subsection (H) of this Section.
 
13 (P) Public Act 93-838 and Public Act 93-808 make inconsistent
14 changes to this Section. Under Section 6 of the Statute on
15 Statutes there is an irreconcilable conflict between Public Act
16 93-808 and Public Act 93-838. Public Act 93-838, being the last
17 acted upon, is controlling. The text of Public Act 93-838 is
18 the law regardless of the text of Public Act 93-808.
19 (Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
20 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
21 8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
22 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised
23 10-23-09.)
 

 

 

HB4886 Engrossed - 53 - LRB096 15868 MJR 31110 b

1     Section 99. Effective date. This Act takes effect upon
2 becoming law.