Sen. John J. Cullerton

Filed: 5/27/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 813

2    AMENDMENT NO. ______. Amend House Bill 813 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 17-127 and 17-129 as follows:
 
6    (40 ILCS 5/17-127)  (from Ch. 108 1/2, par. 17-127)
7    Sec. 17-127. Financing; revenues for the Fund.
8    (a) The revenues for the Fund shall consist of: (1) amounts
9paid into the Fund by contributors thereto and from employer
10contributions and State appropriations in accordance with this
11Article; (2) amounts contributed to the Fund by an Employer;
12(3) amounts contributed to the Fund pursuant to any law now in
13force or hereafter to be enacted; (4) contributions from any
14other source; and (5) the earnings on investments.
15    (b) The General Assembly finds that for many years the
16State has contributed to the Fund an annual amount that is

 

 

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1between 20% and 30% of the amount of the annual State
2contribution to the Article 16 retirement system, and the
3General Assembly declares that it is its goal and intention to
4continue this level of contribution to the Fund in the future.
5    (c) Beginning in State fiscal year 1999, the State shall
6include in its annual contribution to the Fund an additional
7amount equal to 0.544% of the Fund's total teacher payroll;
8except that this additional contribution need not be made in a
9fiscal year if the Board has certified in the previous fiscal
10year that the Fund is at least 90% funded, based on actuarial
11determinations. These additional State contributions are
12intended to offset a portion of the cost to the Fund of the
13increases in retirement benefits resulting from this
14amendatory Act of 1998.
15    (d) In addition to any other contribution required under
16this Article, including the contribution required under
17subsection (c), the State shall contribute to the Fund the
18following amounts:
19        (1) For State fiscal year 2017, the State shall
20    contribute $205,404,986.
21        (2) Beginning in State fiscal year 2018, the State
22    shall contribute for each fiscal year an amount to be
23    determined by the Fund, equal to the employer normal cost
24    for that fiscal year, plus the amount allowed pursuant to
25    paragraph (3) of Section 17-142.1, to defray health
26    insurance costs.

 

 

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1    (e) The Board shall determine the amount of State
2contributions required for each fiscal year on the basis of the
3actuarial tables and other assumptions adopted by the Board and
4the recommendations of the actuary. On or before November 1 of
5each year, beginning November 1, 2016, the Board shall submit
6to the State Actuary, the Governor, and the General Assembly a
7proposed certification of the amount of the required State
8contribution to the Fund for the next fiscal year, along with
9all of the actuarial assumptions, calculations, and data upon
10which that proposed certification is based.
11    On or before January 1 of each year, beginning January 1,
122017, the State Actuary shall issue a preliminary report
13concerning the proposed certification and identifying, if
14necessary, recommended changes in actuarial assumptions that
15the Board must consider before finalizing its certification of
16the required State contributions.
17    (f) On or before January 15, 2017 and each January 15
18thereafter, the Board shall certify to the Governor and the
19General Assembly the amount of the required State contribution
20for the next fiscal year. The certification shall include a
21copy of the actuarial recommendations upon which it is based
22and shall specifically identify the Fund's projected employer
23normal cost for that fiscal year. The Board's certification
24must note any deviations from the State Actuary's recommended
25changes, the reason or reasons for not following the State
26Actuary's recommended changes, and the fiscal impact of not

 

 

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1following the State Actuary's recommended changes on the
2required State contribution.
3    For the purposes of this Article, including issuing
4vouchers, and for the purposes of subsection (h) of Section 1.1
5of the State Pension Funds Continuing Appropriation Act, the
6State contribution specified for State fiscal year 2017 shall
7be deemed to have been certified, by operation of law and
8without official action by the Board or the State Actuary, in
9the amount provided in subsection (d) of this Section.
10    (g) Beginning in State fiscal year 2017, on the 15th day of
11each month, or as soon thereafter as may be practicable, the
12Board shall submit vouchers for payment of State contributions
13to the Fund, in a total monthly amount of one-twelfth of the
14required annual State contribution under subsection (d). These
15vouchers shall be paid by the State Comptroller and Treasurer
16by warrants drawn on the funds appropriated to the Fund for
17that fiscal year. If in any month the amount remaining
18unexpended from all other State appropriations to the Fund for
19the applicable fiscal year is less than the amount lawfully
20vouchered under this subsection, the difference shall be paid
21from the Common School Fund under the continuing appropriation
22authority provided in Section 1.1 of the State Pension Funds
23Continuing Appropriation Act.
24(Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98;
2590-582, eff. 5-27-98; 90-655, eff. 7-30-98.)
 

 

 

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1    (40 ILCS 5/17-129)  (from Ch. 108 1/2, par. 17-129)
2    Sec. 17-129. Employer contributions; deficiency in Fund.
3    (a) If in any fiscal year of the Board of Education ending
4prior to 1997 the total amounts paid to the Fund from the Board
5of Education (other than under this subsection, and other than
6amounts used for making or "picking up" contributions on behalf
7of teachers) and from the State do not equal the total
8contributions made by or on behalf of the teachers for such
9year, or if the total income of the Fund in any such fiscal
10year of the Board of Education from all sources is less than
11the total such expenditures by the Fund for such year, the
12Board of Education shall, in the next succeeding year, in
13addition to any other payment to the Fund set apart and
14appropriate from moneys from its tax levy for educational
15purposes, a sum sufficient to remove such deficiency or
16deficiencies, and promptly pay such sum into the Fund in order
17to restore any of the reserves of the Fund that may have been
18so temporarily applied. Any amounts received by the Fund after
19December 4, 1997 from State appropriations, including under
20Section 17-127, shall be a credit against and shall fully
21satisfy any obligation that may have arisen, or be claimed to
22have arisen, under this subsection (a) as a result of any
23deficiency or deficiencies in the fiscal year of the Board of
24Education ending in calendar year 1997.
25    (b) (i) Notwithstanding any other provision of this
26Section, and notwithstanding any prior certification by the

 

 

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1Board under subsection (c) for fiscal year 2011, the Board of
2Education's total required contribution to the Fund for fiscal
3year 2011 under this Section is $187,000,000.
4    (ii) Notwithstanding any other provision of this Section,
5the Board of Education's total required contribution to the
6Fund for fiscal year 2012 under this Section is $192,000,000.
7    (iii) Notwithstanding any other provision of this Section,
8the Board of Education's total required contribution to the
9Fund for fiscal year 2013 under this Section is $196,000,000.
10    (iv) For fiscal years 2014 through 2059, the minimum
11contribution to the Fund to be made by the Board of Education
12in each fiscal year shall be an amount determined by the Fund
13to be sufficient to bring the total assets of the Fund up to
1490% of the total actuarial liabilities of the Fund by the end
15of fiscal year 2059. In making these determinations, the
16required Board of Education contribution shall be calculated
17each year as a level percentage of the applicable employee
18payrolls over the years remaining to and including fiscal year
192059 and shall be determined under the projected unit credit
20actuarial cost method.
21    (v) Beginning in fiscal year 2060, the minimum Board of
22Education contribution for each fiscal year shall be the amount
23needed to maintain the total assets of the Fund at 90% of the
24total actuarial liabilities of the Fund.
25    (vi) Notwithstanding any other provision of this
26subsection (b), for any fiscal year, the contribution to the

 

 

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1Fund from the Board of Education shall not be required to be in
2excess of the amount calculated as needed to maintain the
3assets (or cause the assets to be) at the 90% level by the end
4of the fiscal year.
5    (vii) Any contribution by the State to or for the benefit
6of the Fund, including, without limitation, as referred to
7under Section 17-127, shall be a credit against any
8contribution required to be made by the Board of Education
9under this subsection (b).
10    (c) The Board shall determine the amount of Board of
11Education contributions required for each fiscal year on the
12basis of the actuarial tables and other assumptions adopted by
13the Board and the recommendations of the actuary, in order to
14meet the minimum contribution requirements of subsections (a)
15and (b). Annually, on or before February 28, the Board shall
16certify to the Board of Education the amount of the required
17Board of Education contribution for the coming fiscal year. The
18certification shall include a copy of the actuarial
19recommendations upon which it is based.
20    (d) Any proceeds paid directly to the Fund pursuant to
21Section 34-53 of the School Code shall be deemed to be a
22contribution by the Board of Education under this Section and
23shall be credited as such against the contribution required to
24be made by the Board of Education under this Section for the
25fiscal year in which the proceeds are paid.
26(Source: P.A. 96-889, eff. 4-14-10.)
 

 

 

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1    Section 10. The State Pension Funds Continuing
2Appropriation Act is amended by changing Section 1.1 as
3follows:
 
4    (40 ILCS 15/1.1)
5    Sec. 1.1. Appropriations to certain retirement systems.
6    (a) There is hereby appropriated from the General Revenue
7Fund to the General Assembly Retirement System, on a continuing
8monthly basis, the amount, if any, by which the total available
9amount of all other appropriations to that retirement system
10for the payment of State contributions is less than the total
11amount of the vouchers for required State contributions
12lawfully submitted by the retirement system for that month
13under Section 2-134 of the Illinois Pension Code.
14    (b) There is hereby appropriated from the General Revenue
15Fund to the State Universities Retirement System, on a
16continuing monthly basis, the amount, if any, by which the
17total available amount of all other appropriations to that
18retirement system for the payment of State contributions,
19including any deficiency in the required contributions of the
20optional retirement program established under Section 15-158.2
21of the Illinois Pension Code, is less than the total amount of
22the vouchers for required State contributions lawfully
23submitted by the retirement system for that month under Section
2415-165 of the Illinois Pension Code.

 

 

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1    (c) There is hereby appropriated from the Common School
2Fund to the Teachers' Retirement System of the State of
3Illinois, on a continuing monthly basis, the amount, if any, by
4which the total available amount of all other appropriations to
5that retirement system for the payment of State contributions
6is less than the total amount of the vouchers for required
7State contributions lawfully submitted by the retirement
8system for that month under Section 16-158 of the Illinois
9Pension Code.
10    (d) There is hereby appropriated from the General Revenue
11Fund to the Judges Retirement System of Illinois, on a
12continuing monthly basis, the amount, if any, by which the
13total available amount of all other appropriations to that
14retirement system for the payment of State contributions is
15less than the total amount of the vouchers for required State
16contributions lawfully submitted by the retirement system for
17that month under Section 18-140 of the Illinois Pension Code.
18    (e) The continuing appropriations provided by subsections
19(a), (b), (c), and (d) of this Section shall first be available
20in State fiscal year 1996. The continuing appropriations
21provided by subsection (h) of this Section shall first be
22available as provided in that subsection (h).
23    (f) For State fiscal year 2010 only, the continuing
24appropriations provided by this Section are equal to the amount
25certified by each System on or before December 31, 2008, less
26(i) the gross proceeds of the bonds sold in fiscal year 2010

 

 

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1under the authorization contained in subsection (a) of Section
27.2 of the General Obligation Bond Act and (ii) any amounts
3received from the State Pensions Fund.
4    (g) For State fiscal year 2011 only, the continuing
5appropriations provided by this Section are equal to the amount
6certified by each System on or before April 1, 2011, less (i)
7the gross proceeds of the bonds sold in fiscal year 2011 under
8the authorization contained in subsection (a) of Section 7.2 of
9the General Obligation Bond Act and (ii) any amounts received
10from the State Pensions Fund.
11    (h) There is hereby appropriated from the Common School
12Fund to the Public School Teachers' Pension and Retirement Fund
13of Chicago, on a continuing monthly basis, the amount, if any,
14by which the total available amount of all other State
15appropriations to that Retirement Fund for the payment of State
16contributions under subsection (d) of Section 17-127 of the
17Illinois Pension Code is less than the total amount of the
18vouchers for required State contributions lawfully submitted
19by the Retirement Fund for that month under that Section
2017-127.
21(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
2296-1511, eff. 1-27-11.)
 
23    Section 15. The School Code is amended by changing Sections
2418-8.05 and 34-53 as follows:
 

 

 

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1    (105 ILCS 5/18-8.05)
2    Sec. 18-8.05. Basis for apportionment of general State
3financial aid and supplemental general State aid to the common
4schools for the 1998-1999 and subsequent school years.
 
5(A) General Provisions.
6    (1) The provisions of this Section apply to the 1998-1999
7and subsequent school years. The system of general State
8financial aid provided for in this Section is designed to
9assure that, through a combination of State financial aid and
10required local resources, the financial support provided each
11pupil in Average Daily Attendance equals or exceeds a
12prescribed per pupil Foundation Level. This formula approach
13imputes a level of per pupil Available Local Resources and
14provides for the basis to calculate a per pupil level of
15general State financial aid that, when added to Available Local
16Resources, equals or exceeds the Foundation Level. The amount
17of per pupil general State financial aid for school districts,
18in general, varies in inverse relation to Available Local
19Resources. Per pupil amounts are based upon each school
20district's Average Daily Attendance as that term is defined in
21this Section.
22    (2) In addition to general State financial aid, school
23districts with specified levels or concentrations of pupils
24from low income households are eligible to receive supplemental
25general State financial aid grants as provided pursuant to

 

 

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

 

 

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

 

 

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1    relation to the abolition of ad valorem personal property
2    tax and the replacement of revenues lost thereby, and
3    amending and repealing certain Acts and parts of Acts in
4    connection therewith", certified August 14, 1979, as
5    amended (Public Act 81-1st S.S.-1).
6        (d) "Foundation Level": A prescribed level of per pupil
7    financial support as provided for in subsection (B).
8        (e) "Operating Tax Rate": All school district property
9    taxes extended for all purposes, except Bond and Interest,
10    Summer School, Rent, Capital Improvement, and Vocational
11    Education Building purposes.
 
12(B) Foundation Level.
13    (1) The Foundation Level is a figure established by the
14State representing the minimum level of per pupil financial
15support that should be available to provide for the basic
16education of each pupil in Average Daily Attendance. As set
17forth in this Section, each school district is assumed to exert
18a sufficient local taxing effort such that, in combination with
19the aggregate of general State financial aid provided the
20district, an aggregate of State and local resources are
21available to meet the basic education needs of pupils in the
22district.
23    (2) For the 1998-1999 school year, the Foundation Level of
24support is $4,225. For the 1999-2000 school year, the
25Foundation Level of support is $4,325. For the 2000-2001 school

 

 

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1year, the Foundation Level of support is $4,425. For the
22001-2002 school year and 2002-2003 school year, the Foundation
3Level of support is $4,560. For the 2003-2004 school year, the
4Foundation Level of support is $4,810. For the 2004-2005 school
5year, the Foundation Level of support is $4,964. For the
62005-2006 school year, the Foundation Level of support is
7$5,164. For the 2006-2007 school year, the Foundation Level of
8support is $5,334. For the 2007-2008 school year, the
9Foundation Level of support is $5,734. For the 2008-2009 school
10year, the Foundation Level of support is $5,959.
11    (3) For the 2009-2010 school year and each school year
12thereafter, the Foundation Level of support is $6,119 or such
13greater amount as may be established by law by the General
14Assembly.
 
15(C) Average Daily Attendance.
16    (1) For purposes of calculating general State aid pursuant
17to subsection (E), an Average Daily Attendance figure shall be
18utilized. The Average Daily Attendance figure for formula
19calculation purposes shall be the monthly average of the actual
20number of pupils in attendance of each school district, as
21further averaged for the best 3 months of pupil attendance for
22each school district. In compiling the figures for the number
23of pupils in attendance, school districts and the State Board
24of Education shall, for purposes of general State aid funding,
25conform attendance figures to the requirements of subsection

 

 

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1(F).
2    (2) The Average Daily Attendance figures utilized in
3subsection (E) shall be the requisite attendance data for the
4school year immediately preceding the school year for which
5general State aid is being calculated or the average of the
6attendance data for the 3 preceding school years, whichever is
7greater. The Average Daily Attendance figures utilized in
8subsection (H) shall be the requisite attendance data for the
9school year immediately preceding the school year for which
10general State aid is being calculated.
 
11(D) Available Local Resources.
12    (1) For purposes of calculating general State aid pursuant
13to subsection (E), a representation of Available Local
14Resources per pupil, as that term is defined and determined in
15this subsection, shall be utilized. Available Local Resources
16per pupil shall include a calculated dollar amount representing
17local school district revenues from local property taxes and
18from Corporate Personal Property Replacement Taxes, expressed
19on the basis of pupils in Average Daily Attendance. Calculation
20of Available Local Resources shall exclude (i) any tax amnesty
21funds received as a result of Public Act 93-26 and (ii) any tax
22levied by the City of Chicago for the purpose of making an
23employer pension contribution under Section 34-53.
24    (2) In determining a school district's revenue from local
25property taxes, the State Board of Education shall utilize the

 

 

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

 

 

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

 

 

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

 

 

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1the general State aid allotted for the 1998-1999 school year.
2This amount shall be deemed a one time increase, and shall not
3affect 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,
6submit to the State Board of Education, on forms prescribed by
7the State Board of Education, attendance figures for the school
8year that began in the preceding calendar year. The attendance
9information so transmitted shall identify the average daily
10attendance figures for each month of the school year. Beginning
11with the general State aid claim form for the 2002-2003 school
12year, districts shall calculate Average Daily Attendance as
13provided 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
11attendance by pupils shall be counted only for sessions of not
12less than 5 clock hours of school work per day under direct
13supervision of: (i) teachers, or (ii) non-teaching personnel or
14volunteer personnel when engaging in non-teaching duties and
15supervising in those instances specified in subsection (a) of
16Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
17of legal school age and in kindergarten and grades 1 through
1812. Days of attendance by pupils through verified participation
19in an e-learning program approved by the State Board of
20Education under Section 10-20.56 of the Code shall be
21considered as full days of attendance for purposes of this
22Section.
23    Days of attendance by tuition pupils shall be accredited
24only to the districts that pay the tuition to a recognized
25school.
26    (2) Days of attendance by pupils of less than 5 clock hours

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    shortened to accommodate required testing procedures may
2    be less than 5 clock hours and shall be counted towards the
3    176 days of actual pupil attendance required under Section
4    10-19 of this Code, provided that a sufficient number of
5    minutes of school work in excess of 5 clock hours are first
6    completed on other school days to compensate for the loss
7    of school work on the examination days.
8        (j) Pupils enrolled in a remote educational program
9    established under Section 10-29 of this Code may be counted
10    on the basis of one-fifth day of attendance for every clock
11    hour of instruction attended in the remote educational
12    program, provided that, in any month, the school district
13    may not claim for a student enrolled in a remote
14    educational program more days of attendance than the
15    maximum number of days of attendance the district can claim
16    (i) for students enrolled in a building holding year-round
17    classes if the student is classified as participating in
18    the remote educational program on a year-round schedule or
19    (ii) for students enrolled in a building not holding
20    year-round classes if the student is not classified as
21    participating in the remote educational program on a
22    year-round schedule.
 
23(G) Equalized Assessed Valuation Data.
24    (1) For purposes of the calculation of Available Local
25Resources required pursuant to subsection (D), the State Board

 

 

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1of Education shall secure from the Department of Revenue the
2value as equalized or assessed by the Department of Revenue of
3all taxable property of every school district, together with
4(i) the applicable tax rate used in extending taxes for the
5funds of the district as of September 30 of the previous year
6and (ii) the limiting rate for all school districts subject to
7property tax extension limitations as imposed under the
8Property Tax Extension Limitation Law.
9    The Department of Revenue shall add to the equalized
10assessed value of all taxable property of each school district
11situated entirely or partially within a county that is or was
12subject to the provisions of Section 15-176 or 15-177 of the
13Property Tax Code (a) an amount equal to the total amount by
14which the homestead exemption allowed under Section 15-176 or
1515-177 of the Property Tax Code for real property situated in
16that school district exceeds the total amount that would have
17been allowed in that school district if the maximum reduction
18under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
19all other counties in tax year 2003 or (ii) $5,000 in all
20counties in tax year 2004 and thereafter and (b) an amount
21equal to the aggregate amount for the taxable year of all
22additional exemptions under Section 15-175 of the Property Tax
23Code for owners with a household income of $30,000 or less. The
24county clerk of any county that is or was subject to the
25provisions of Section 15-176 or 15-177 of the Property Tax Code
26shall annually calculate and certify to the Department of

 

 

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1Revenue for each school district all homestead exemption
2amounts under Section 15-176 or 15-177 of the Property Tax Code
3and all amounts of additional exemptions under Section 15-175
4of the Property Tax Code for owners with a household income of
5$30,000 or less. It is the intent of this paragraph that if the
6general homestead exemption for a parcel of property is
7determined under Section 15-176 or 15-177 of the Property Tax
8Code rather than Section 15-175, then the calculation of
9Available Local Resources shall not be affected by the
10difference, if any, between the amount of the general homestead
11exemption allowed for that parcel of property under Section
1215-176 or 15-177 of the Property Tax Code and the amount that
13would have been allowed had the general homestead exemption for
14that parcel of property been determined under Section 15-175 of
15the Property Tax Code. It is further the intent of this
16paragraph that if additional exemptions are allowed under
17Section 15-175 of the Property Tax Code for owners with a
18household income of less than $30,000, then the calculation of
19Available Local Resources shall not be affected by the
20difference, if any, because of those additional exemptions.
21    This equalized assessed valuation, as adjusted further by
22the requirements of this subsection, shall be utilized in the
23calculation of Available Local Resources.
24    (2) The equalized assessed valuation in paragraph (1) shall
25be adjusted, as applicable, in the following manner:
26        (a) For the purposes of calculating State aid under

 

 

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1    this Section, with respect to any part of a school district
2    within a redevelopment project area in respect to which a
3    municipality has adopted tax increment allocation
4    financing pursuant to the Tax Increment Allocation
5    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
6    of the Illinois Municipal Code or the Industrial Jobs
7    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
8    Illinois Municipal Code, no part of the current equalized
9    assessed valuation of real property located in any such
10    project area which is attributable to an increase above the
11    total initial equalized assessed valuation of such
12    property shall be used as part of the equalized assessed
13    valuation of the district, until such time as all
14    redevelopment project costs have been paid, as provided in
15    Section 11-74.4-8 of the Tax Increment Allocation
16    Redevelopment Act or in Section 11-74.6-35 of the
17    Industrial Jobs Recovery Law. For the purpose of the
18    equalized assessed valuation of the district, the total
19    initial equalized assessed valuation or the current
20    equalized assessed valuation, whichever is lower, shall be
21    used until such time as all redevelopment project costs
22    have been paid.
23        (b) The real property equalized assessed valuation for
24    a school district shall be adjusted by subtracting from the
25    real property value as equalized or assessed by the
26    Department of Revenue for the district an amount computed

 

 

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1    by dividing the amount of any abatement of taxes under
2    Section 18-170 of the Property Tax Code by 3.00% for a
3    district maintaining grades kindergarten through 12, by
4    2.30% for a district maintaining grades kindergarten
5    through 8, or by 1.05% for a district maintaining grades 9
6    through 12 and adjusted by an amount computed by dividing
7    the amount of any abatement of taxes under subsection (a)
8    of Section 18-165 of the Property Tax Code by the same
9    percentage rates for district type as specified in this
10    subparagraph (b).
11    (3) For the 1999-2000 school year and each school year
12thereafter, if a school district meets all of the criteria of
13this subsection (G)(3), the school district's Available Local
14Resources shall be calculated under subsection (D) using the
15district's Extension Limitation Equalized Assessed Valuation
16as calculated under this subsection (G)(3).
17    For purposes of this subsection (G)(3) the following terms
18shall have the following meanings:
19        "Budget Year": The school year for which general State
20    aid is calculated and awarded under subsection (E).
21        "Base Tax Year": The property tax levy year used to
22    calculate the Budget Year allocation of general State aid.
23        "Preceding Tax Year": The property tax levy year
24    immediately preceding the Base Tax Year.
25        "Base Tax Year's Tax Extension": The product of the
26    equalized assessed valuation utilized by the County Clerk

 

 

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

 

 

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1school district as calculated by the State Board of Education
2shall be equal to the product of the Equalized Assessed
3Valuation last used in the calculation of general State aid and
4the district's Extension Limitation Ratio. If the Extension
5Limitation Equalized Assessed Valuation of a school district as
6calculated under this subsection (G)(3) is less than the
7district's equalized assessed valuation as calculated pursuant
8to subsections (G)(1) and (G)(2), then for purposes of
9calculating the district's general State aid for the Budget
10Year pursuant to subsection (E), that Extension Limitation
11Equalized Assessed Valuation shall be utilized to calculate the
12district's Available Local Resources under subsection (D). For
13the 2009-2010 school year and each school year thereafter, if a
14school district has approved or does approve an increase in its
15limiting rate, pursuant to Section 18-190 of the Property Tax
16Code, affecting the Base Tax Year, the Extension Limitation
17Equalized Assessed Valuation of the school district, as
18calculated by the State Board of Education, shall be equal to
19the product of the Equalized Assessed Valuation last used in
20the calculation of general State aid times an amount equal to
21one plus the percentage increase, if any, in the Consumer Price
22Index for all Urban Consumers for all items published by the
23United States Department of Labor for the 12-month calendar
24year preceding the Base Tax Year, plus the Equalized Assessed
25Valuation of new property, annexed property, and recovered tax
26increment value and minus the Equalized Assessed Valuation of

 

 

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1disconnected property. New property and recovered tax
2increment value shall have the meanings set forth in the
3Property Tax Extension Limitation Law.
4    Partial elementary unit districts created in accordance
5with Article 11E of this Code shall not be eligible for the
6adjustment in this subsection (G)(3) until the fifth year
7following the effective date of the reorganization.
8    (3.5) For the 2010-2011 school year and each school year
9thereafter, if a school district's boundaries span multiple
10counties, then the Department of Revenue shall send to the
11State Board of Education, for the purpose of calculating
12general State aid, the limiting rate and individual rates by
13purpose for the county that contains the majority of the school
14district's Equalized Assessed Valuation.
15    (4) For the purposes of calculating general State aid for
16the 1999-2000 school year only, if a school district
17experienced a triennial reassessment on the equalized assessed
18valuation used in calculating its general State financial aid
19apportionment for the 1998-1999 school year, the State Board of
20Education shall calculate the Extension Limitation Equalized
21Assessed Valuation that would have been used to calculate the
22district's 1998-1999 general State aid. This amount shall equal
23the product of the equalized assessed valuation used to
24calculate general State aid for the 1997-1998 school year and
25the district's Extension Limitation Ratio. If the Extension
26Limitation Equalized Assessed Valuation of the school district

 

 

09900HB0813sam002- 34 -LRB099 04633 MLM 49287 a

1as calculated under this paragraph (4) is less than the
2district's equalized assessed valuation utilized in
3calculating the district's 1998-1999 general State aid
4allocation, then for purposes of calculating the district's
5general State aid pursuant to paragraph (5) of subsection (E),
6that Extension Limitation Equalized Assessed Valuation shall
7be utilized to calculate the district's Available Local
8Resources.
9    (5) For school districts having a majority of their
10equalized assessed valuation in any county except Cook, DuPage,
11Kane, Lake, McHenry, or Will, if the amount of general State
12aid allocated to the school district for the 1999-2000 school
13year under the provisions of subsection (E), (H), and (J) of
14this Section is less than the amount of general State aid
15allocated to the district for the 1998-1999 school year under
16these subsections, then the general State aid of the district
17for the 1999-2000 school year only shall be increased by the
18difference between these amounts. The total payments made under
19this paragraph (5) shall not exceed $14,000,000. Claims shall
20be prorated if they exceed $14,000,000.
 
21(H) Supplemental General State Aid.
22    (1) In addition to the general State aid a school district
23is allotted pursuant to subsection (E), qualifying school
24districts shall receive a grant, paid in conjunction with a
25district's payments of general State aid, for supplemental

 

 

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1general State aid based upon the concentration level of
2children from low-income households within the school
3district. Supplemental State aid grants provided for school
4districts under this subsection shall be appropriated for
5distribution to school districts as part of the same line item
6in which the general State financial aid of school districts is
7appropriated under this Section.
8    (1.5) This paragraph (1.5) applies only to those school
9years preceding the 2003-2004 school year. For purposes of this
10subsection (H), the term "Low-Income Concentration Level"
11shall be the low-income eligible pupil count from the most
12recently available federal census divided by the Average Daily
13Attendance of the school district. If, however, (i) the
14percentage decrease from the 2 most recent federal censuses in
15the low-income eligible pupil count of a high school district
16with fewer than 400 students exceeds by 75% or more the
17percentage change in the total low-income eligible pupil count
18of contiguous elementary school districts, whose boundaries
19are coterminous with the high school district, or (ii) a high
20school district within 2 counties and serving 5 elementary
21school districts, whose boundaries are coterminous with the
22high school district, has a percentage decrease from the 2 most
23recent federal censuses in the low-income eligible pupil count
24and there is a percentage increase in the total low-income
25eligible pupil count of a majority of the elementary school
26districts in excess of 50% from the 2 most recent federal

 

 

09900HB0813sam002- 36 -LRB099 04633 MLM 49287 a

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

 

 

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1preceding fiscal years for fiscal year 2004 and over the 3
2immediately preceding fiscal years for each fiscal year
3thereafter) divided by the Average Daily Attendance of the
4school district.
5    (2) Supplemental general State aid pursuant to this
6subsection (H) shall be provided as follows for the 1998-1999,
71999-2000, and 2000-2001 school years only:
8        (a) For any school district with a Low Income
9    Concentration Level of at least 20% and less than 35%, the
10    grant for any school year shall be $800 multiplied by the
11    low income eligible pupil count.
12        (b) For any school district with a Low Income
13    Concentration Level of at least 35% and less than 50%, the
14    grant for the 1998-1999 school year shall be $1,100
15    multiplied by the low income eligible pupil count.
16        (c) For any school district with a Low Income
17    Concentration Level of at least 50% and less than 60%, the
18    grant for the 1998-99 school year shall be $1,500
19    multiplied by the low income eligible pupil count.
20        (d) For any school district with a Low Income
21    Concentration Level of 60% or more, the grant for the
22    1998-99 school year shall be $1,900 multiplied by the low
23    income eligible pupil count.
24        (e) For the 1999-2000 school year, the per pupil amount
25    specified in subparagraphs (b), (c), and (d) immediately
26    above shall be increased to $1,243, $1,600, and $2,000,

 

 

09900HB0813sam002- 38 -LRB099 04633 MLM 49287 a

1    respectively.
2        (f) For the 2000-2001 school year, the per pupil
3    amounts specified in subparagraphs (b), (c), and (d)
4    immediately above shall be $1,273, $1,640, and $2,050,
5    respectively.
6    (2.5) Supplemental general State aid pursuant to this
7subsection (H) shall be provided as follows for the 2002-2003
8school year:
9        (a) For any school district with a Low Income
10    Concentration Level of less than 10%, the grant for each
11    school year shall be $355 multiplied by the low income
12    eligible pupil count.
13        (b) For any school district with a Low Income
14    Concentration Level of at least 10% and less than 20%, the
15    grant for each school year shall be $675 multiplied by the
16    low income eligible pupil count.
17        (c) For any school district with a Low Income
18    Concentration Level of at least 20% and less than 35%, the
19    grant for each school year shall be $1,330 multiplied by
20    the low income eligible pupil count.
21        (d) For any school district with a Low Income
22    Concentration Level of at least 35% and less than 50%, the
23    grant for each school year shall be $1,362 multiplied by
24    the low income eligible pupil count.
25        (e) For any school district with a Low Income
26    Concentration Level of at least 50% and less than 60%, the

 

 

09900HB0813sam002- 39 -LRB099 04633 MLM 49287 a

1    grant for each school year shall be $1,680 multiplied by
2    the low income eligible pupil count.
3        (f) For any school district with a Low Income
4    Concentration Level of 60% or more, the grant for each
5    school year shall be $2,080 multiplied by the low income
6    eligible pupil count.
7    (2.10) Except as otherwise provided, supplemental general
8State aid pursuant to this subsection (H) shall be provided as
9follows for the 2003-2004 school year through the 2015-2016
10school year and for the 2019-2020 school year and each school
11year thereafter:
12        (a) For any school district with a Low Income
13    Concentration Level of 15% or less, the grant for each
14    school year shall be $355 multiplied by the low income
15    eligible pupil count.
16        (b) For any school district with a Low Income
17    Concentration Level greater than 15%, the grant for each
18    school year shall be $294.25 added to the product of $2,700
19    and the square of the Low Income Concentration Level, all
20    multiplied by the low income eligible pupil count.
21    For the 2003-2004 school year and each school year
22thereafter through the 2008-2009 school year only, the grant
23shall be no less than the grant for the 2002-2003 school year.
24For the 2009-2010 school year only, the grant shall be no less
25than the grant for the 2002-2003 school year multiplied by
260.66. For the 2010-2011 school year only, the grant shall be no

 

 

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1less than the grant for the 2002-2003 school year multiplied by
20.33. Notwithstanding the provisions of this paragraph to the
3contrary, if for any school year supplemental general State aid
4grants are prorated as provided in paragraph (1) of this
5subsection (H), then the grants under this paragraph shall be
6prorated.
7    For the 2003-2004 school year only, the grant shall be no
8greater than the grant received during the 2002-2003 school
9year added to the product of 0.25 multiplied by the difference
10between the grant amount calculated under subsection (a) or (b)
11of this paragraph (2.10), whichever is applicable, and the
12grant received during the 2002-2003 school year. For the
132004-2005 school year only, the grant shall be no greater than
14the grant received during the 2002-2003 school year added to
15the product of 0.50 multiplied by the difference between the
16grant amount calculated under subsection (a) or (b) of this
17paragraph (2.10), whichever is applicable, and the grant
18received during the 2002-2003 school year. For the 2005-2006
19school year only, the grant shall be no greater than the grant
20received during the 2002-2003 school year added to the product
21of 0.75 multiplied by the difference between the grant amount
22calculated under subsection (a) or (b) of this paragraph
23(2.10), whichever is applicable, and the grant received during
24the 2002-2003 school year.
25    (2.15) For purposes of this paragraph (2.15), "Low Income
26Constant" means the value that makes the total amount of State

 

 

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1funding equal to the appropriation and "Total Equity Fund
2Allocation" means all amounts appropriated for general State
3aid that remain after payment of the amounts pursuant to item
4(i) of subsection (R) of this Section.
5    Notwithstanding any other provision of law to the contrary,
6for the 2016-2017 school year through the 2018-2019 school
7year, supplemental general State aid pursuant to this
8subsection (H) shall be provided in the form of an equity grant
9as follows:
10        (a) For any school district with a Low Income
11    Concentration Level of 15% or less, the grant for each
12    school year shall be $355 multiplied by the low income
13    eligible pupil count.
14        (b) For any school district with a Low Income
15    Concentration Level greater than 15%, the grant for each
16    school year shall be $294.25 added to the product of the
17    district's Low Income Concentration Level and the Low
18    Income Constant minus the product of the district's
19    Available Local Resources per pupil and the quotient of the
20    Total Equity Fund Allocation divided by $10,000,000,000,
21    all multiplied by the low income eligible pupil count. Any
22    school district for which the grant calculation is less
23    than zero shall receive no funds from the grant.
24    (3) School districts with an Average Daily Attendance of
25more than 1,000 and less than 50,000 that qualify for
26supplemental general State aid pursuant to this subsection

 

 

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1shall submit a plan to the State Board of Education prior to
2October 30 of each year for the use of the funds resulting from
3this grant of supplemental general State aid for the
4improvement of instruction in which priority is given to
5meeting the education needs of disadvantaged children. Such
6plan shall be submitted in accordance with rules and
7regulations promulgated by the State Board of Education.
8    (4) School districts with an Average Daily Attendance of
950,000 or more that qualify for supplemental general State aid
10pursuant to this subsection shall be required to distribute
11from funds available pursuant to this Section, no less than
12$261,000,000 in accordance with the following requirements:
13        (a) The required amounts shall be distributed to the
14    attendance centers within the district in proportion to the
15    number of pupils enrolled at each attendance center who are
16    eligible to receive free or reduced-price lunches or
17    breakfasts under the federal Child Nutrition Act of 1966
18    and under the National School Lunch Act during the
19    immediately preceding school year.
20        (b) The distribution of these portions of supplemental
21    and general State aid among attendance centers according to
22    these requirements shall not be compensated for or
23    contravened by adjustments of the total of other funds
24    appropriated to any attendance centers, and the Board of
25    Education shall utilize funding from one or several sources
26    in order to fully implement this provision annually prior

 

 

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

 

 

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1    by board rule.
2        (f) Each district subject to the provisions of this
3    subdivision (H)(4) shall submit an acceptable plan to meet
4    the educational needs of disadvantaged children, in
5    compliance with the requirements of this paragraph, to the
6    State Board of Education prior to July 15 of each year.
7    This plan shall be consistent with the decisions of local
8    school councils concerning the school expenditure plans
9    developed in accordance with part 4 of Section 34-2.3. The
10    State Board shall approve or reject the plan within 60 days
11    after its submission. If the plan is rejected, the district
12    shall give written notice of intent to modify the plan
13    within 15 days of the notification of rejection and then
14    submit a modified plan within 30 days after the date of the
15    written notice of intent to modify. Districts may amend
16    approved plans pursuant to rules promulgated by the State
17    Board of Education.
18        Upon notification by the State Board of Education that
19    the district has not submitted a plan prior to July 15 or a
20    modified plan within the time period specified herein, the
21    State aid funds affected by that plan or modified plan
22    shall be withheld by the State Board of Education until a
23    plan or modified plan is submitted.
24        If the district fails to distribute State aid to
25    attendance centers in accordance with an approved plan, the
26    plan for the following year shall allocate funds, in

 

 

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1    addition to the funds otherwise required by this
2    subsection, to those attendance centers which were
3    underfunded during the previous year in amounts equal to
4    such underfunding.
5        For purposes of determining compliance with this
6    subsection in relation to the requirements of attendance
7    center funding, each district subject to the provisions of
8    this subsection shall submit as a separate document by
9    December 1 of each year a report of expenditure data for
10    the prior year in addition to any modification of its
11    current plan. If it is determined that there has been a
12    failure to comply with the expenditure provisions of this
13    subsection regarding contravention or supplanting, the
14    State Superintendent of Education shall, within 60 days of
15    receipt of the report, notify the district and any affected
16    local school council. The district shall within 45 days of
17    receipt of that notification inform the State
18    Superintendent of Education of the remedial or corrective
19    action to be taken, whether by amendment of the current
20    plan, if feasible, or by adjustment in the plan for the
21    following year. Failure to provide the expenditure report
22    or the notification of remedial or corrective action in a
23    timely manner shall result in a withholding of the affected
24    funds.
25        The State Board of Education shall promulgate rules and
26    regulations to implement the provisions of this

 

 

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1    subsection. No funds shall be released under this
2    subdivision (H)(4) to any district that has not submitted a
3    plan that has been approved by the State Board of
4    Education.
 
5(I) (Blank).
 
6(J) (Blank).
 
7(K) Grants to Laboratory and Alternative Schools.
8    In calculating the amount to be paid to the governing board
9of a public university that operates a laboratory school under
10this Section or to any alternative school that is operated by a
11regional superintendent of schools, the State Board of
12Education shall require by rule such reporting requirements as
13it deems necessary.
14    As used in this Section, "laboratory school" means a public
15school which is created and operated by a public university and
16approved by the State Board of Education. The governing board
17of a public university which receives funds from the State
18Board under this subsection (K) may not increase the number of
19students enrolled in its laboratory school from a single
20district, if that district is already sending 50 or more
21students, except under a mutual agreement between the school
22board of a student's district of residence and the university
23which operates the laboratory school. A laboratory school may

 

 

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

 

 

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

 

 

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

 

 

09900HB0813sam002- 50 -LRB099 04633 MLM 49287 a

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

 

 

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1Education Funding Advisory Board shall make such
2recommendations to the General Assembly on January 1 of odd
3numbered years, beginning January 1, 2001.
 
4(N) (Blank).
 
5(O) References.
6    (1) References in other laws to the various subdivisions of
7Section 18-8 as that Section existed before its repeal and
8replacement by this Section 18-8.05 shall be deemed to refer to
9the corresponding provisions of this Section 18-8.05, to the
10extent that those references remain applicable.
11    (2) References in other laws to State Chapter 1 funds shall
12be deemed to refer to the supplemental general State aid
13provided under subsection (H) of this Section.
 
14(P) Public Act 93-838 and Public Act 93-808 make inconsistent
15changes to this Section. Under Section 6 of the Statute on
16Statutes there is an irreconcilable conflict between Public Act
1793-808 and Public Act 93-838. Public Act 93-838, being the last
18acted upon, is controlling. The text of Public Act 93-838 is
19the law regardless of the text of Public Act 93-808.
 
20(Q) State Fiscal Year 2015 Payments.
21    For payments made for State fiscal year 2015, the State
22Board of Education shall, for each school district, calculate

 

 

09900HB0813sam002- 52 -LRB099 04633 MLM 49287 a

1that district's pro-rata share of a minimum sum of $13,600,000
2or additional amounts as needed from the total net General
3State Aid funding as calculated under this Section that shall
4be deemed attributable to the provision of special educational
5facilities and services, as defined in Section 14-1.08 of this
6Code, in a manner that ensures compliance with maintenance of
7State financial support requirements under the federal
8Individuals with Disabilities Education Act. Each school
9district must use such funds only for the provision of special
10educational facilities and services, as defined in Section
1114-1.08 of this Code, and must comply with any expenditure
12verification procedures adopted by the State Board of
13Education.
 
14(R) Payments for the 2016-2017 School Year through the
152018-2019 School Year.
16    Notwithstanding any other provision of law to the contrary,
17for the 2016-2017 school year through the 2018-2019 school
18year, amounts appropriated under this Section shall be provided
19in the following amounts and in the following order of
20priority: (i) an amount equal to the total amount appropriated
21for the 2015-2016 school year that has been provided to school
22districts in accordance with the provisions of this Section as
23in effect for the 2015-2016 school year plus, when applicable,
24the amounts paid to school districts from the appropriation
25contained in Section 10 of Article 1 of Public Act 99-5 in

 

 

09900HB0813sam002- 53 -LRB099 04633 MLM 49287 a

1accordance with the provisions of that Section as in effect for
2the 2015-2016 school year and without taking into account the
3equity grant established pursuant to paragraph (2.15) of
4subsection (H) of this Section; (ii) an additional amount for
5any school district for which the claim under this Section for
6the 2016-2017, 2017-2018, or 2018-2019 school year is greater
7than the amounts awarded to that school district under the
8amounts in item (i) plus item (iii) of this subsection (R),
9which shall be provided to each of these school districts in
10any of those school years; and (iii) amounts required to fund
11the equity grant established pursuant to paragraph (2.15) of
12subsection (H) of this Section and which shall be provided to
13school districts in accordance with the provisions of paragraph
14(2.15) of subsection (H) of this Section.
15(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
16eff. 7-30-15.)
 
17    (105 ILCS 5/34-53)  (from Ch. 122, par. 34-53)
18    Sec. 34-53. Tax levies; Purpose; Rates. For the purpose of
19establishing and supporting free schools for not fewer than 9
20months in each year and defraying their expenses the board may
21levy annually, upon all taxable property of such district for
22educational purposes a tax for the fiscal years 1996 and each
23succeeding fiscal year at a rate of not to exceed the sum of
24(i) 3.07% (or such other rate as may be set by law independent
25of the rate difference described in (ii) below) and (ii) the

 

 

09900HB0813sam002- 54 -LRB099 04633 MLM 49287 a

1difference between .50% and the rate per cent of taxes extended
2for a School Finance Authority organized under Article 34A of
3the School Code, for the calendar year in which the applicable
4fiscal year of the board begins as determined by the county
5clerk and certified to the board pursuant to Section 18-110 of
6the Property Tax Code, of the value as equalized or assessed by
7the Department of Revenue for the year in which such levy is
8made.
9    For fiscal year 2017 and each succeeding fiscal year, for
10the purpose of making an employer contribution to the Public
11School Teachers' Pension and Retirement Fund of Chicago, the
12City of Chicago shall, by ordinance, levy annually, upon all
13taxable property located within the city, a tax at a rate
14specified in the ordinance not to exceed 0.26%. The proceeds
15from this additional tax shall be paid, as soon as possible
16after collection, directly to Public School Teachers' Pension
17and Retirement Fund of Chicago.
18     Nothing in this amendatory Act of 1995 shall in any way
19impair or restrict the levy or extension of taxes pursuant to
20any tax levies for any purposes of the board lawfully made
21prior to the adoption of this amendatory Act of 1995.
22    Notwithstanding any other provision of this Code and in
23addition to any other methods provided for increasing the tax
24rate the board may, by proper resolution, cause a proposition
25to increase the annual tax rate for educational purposes to be
26submitted to the voters of such district at any general or

 

 

09900HB0813sam002- 55 -LRB099 04633 MLM 49287 a

1special election. The maximum rate for educational purposes
2shall not exceed 4.00%. The election called for such purpose
3shall be governed by Article 9 of this Act. If at such election
4a majority of the votes cast on the proposition is in favor
5thereof, the Board of Education may thereafter until such
6authority is revoked in a like manner, levy annually the tax so
7authorized.
8    For purposes of this Article, educational purposes for
9fiscal years beginning in 1995 and each subsequent year shall
10also include, but not be limited to, in addition to those
11purposes authorized before this amendatory Act of 1995,
12constructing, acquiring, leasing (other than from the Public
13Building Commission of Chicago), operating, maintaining,
14improving, repairing, and renovating land, buildings,
15furnishings, and equipment for school houses and buildings, and
16related incidental expenses, and provision of special
17education, furnishing free textbooks and instructional aids
18and school supplies, establishing, equipping, maintaining, and
19operating supervised playgrounds under the control of the
20board, school extracurricular activities, and stadia, social
21center, and summer swimming pool programs open to the public in
22connection with any public school; making an employer
23contribution to the Public School Teachers' Pension and
24Retirement Fund as required by Section 17-129 of the Illinois
25Pension Code; and providing an agricultural science school,
26including site development and improvements, maintenance

 

 

09900HB0813sam002- 56 -LRB099 04633 MLM 49287 a

1repairs, and supplies. Educational purposes also includes
2student transportation expenses.
3    All collections of all taxes levied for fiscal years ending
4before 1996 under this Section or under Sections 34-53.2,
534-53.3, 34-58, 34-60, or 34-62 of this Article as in effect
6prior to this amendatory Act of 1995 may be used for any
7educational purposes as defined by this amendatory Act of 1995
8and need not be used for the particular purposes for which they
9were levied. The levy and extension of taxes pursuant to this
10Section as amended by this amendatory Act of 1995 shall not
11constitute a new or increased tax rate within the meaning of
12the Property Tax Extension Limitation Law or the One-year
13Property Tax Extension Limitation Law.
14    The rate at which taxes may be levied for the fiscal year
15beginning September 1, 1996, for educational purposes shall be
16the full rate authorized by this Section for such taxes for
17fiscal years ending after 1995.
18(Source: P.A. 88-511; 88-670, eff. 12-2-94; 89-15, eff.
195-30-95.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".