99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4227

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-19  from Ch. 122, par. 10-19
105 ILCS 5/10-19.1  from Ch. 122, par. 10-19.1
105 ILCS 5/18-8.05
105 ILCS 5/18-12  from Ch. 122, par. 18-12

    Amends the School Code to make changes concerning the length of a school term. Increases the days of actual pupil attendance from 176 days to 181 days. Removes a provision concerning the 1980-1981 school year. With respect to a full-year calendar, increases the days of actual pupil attendance from 180 days to 183 days. Makes related changes.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-19, 10-19.1, 18-8.05, and 18-12 as follows:
 
6    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
7    Sec. 10-19. Length of school term - experimental programs.
8Each school board shall annually prepare a calendar for the
9school term, specifying the opening and closing dates and
10providing a minimum term of at least 185 days to ensure 181
11insure 176 days of actual pupil attendance, computable under
12Section 18-8.05, except that for the 1980-1981 school year only
13175 days of actual pupil attendance shall be required because
14of the closing of schools pursuant to Section 24-2 on January
1529, 1981 upon the appointment by the President of that day as a
16day of thanksgiving for the freedom of the Americans who had
17been held hostage in Iran. Any days allowed by law for
18teachers' institutes but not used as such or used as parental
19institutes as provided in Section 10-22.18d shall increase the
20minimum term by the school days not so used. Except as provided
21in Section 10-19.1, the board may not extend the school term
22beyond such closing date unless that extension of term is
23necessary to provide the minimum number of computable days. In

 

 

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1case of such necessary extension school employees shall be paid
2for such additional time on the basis of their regular
3contracts. A school board may specify a closing date earlier
4than that set on the annual calendar when the schools of the
5district have provided the minimum number of computable days
6under this Section. Nothing in this Section prevents the board
7from employing superintendents of schools, principals and
8other nonteaching personnel for a period of 12 months, or in
9the case of superintendents for a period in accordance with
10Section 10-23.8, or prevents the board from employing other
11personnel before or after the regular school term with payment
12of salary proportionate to that received for comparable work
13during the school term.
14    A school board may make such changes in its calendar for
15the school term as may be required by any changes in the legal
16school holidays prescribed in Section 24-2. A school board may
17make changes in its calendar for the school term as may be
18necessary to reflect the utilization of teachers' institute
19days as parental institute days as provided in Section
2010-22.18d.
21    The calendar for the school term and any changes must be
22submitted to and approved by the regional superintendent of
23schools before the calendar or changes may take effect.
24    With the prior approval of the State Board of Education and
25subject to review by the State Board of Education every 3
26years, any school board may, by resolution of its board and in

 

 

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1agreement with affected exclusive collective bargaining
2agents, establish experimental educational programs, including
3but not limited to programs for self-directed learning or
4outside of formal class periods, which programs when so
5approved shall be considered to comply with the requirements of
6this Section as respects numbers of days of actual pupil
7attendance and with the other requirements of this Act as
8respects courses of instruction.
9(Source: P.A. 98-756, eff. 7-16-14.)
 
10    (105 ILCS 5/10-19.1)  (from Ch. 122, par. 10-19.1)
11    Sec. 10-19.1. Full year school plan.
12    (a) Any school district may, by resolution of its board,
13operate one or more schools within the district on a full year
14school plan approved by the State Board of Education. Any board
15which operates under this subsection (a) shall devise a plan so
16that a student's required attendance in school shall be for a
17minimum term of 183 180 days of actual attendance, including
18not more than 4 institute days, during a 12 month period, but
19shall not exceed 185 days. Under such plan, no teacher shall be
20required to teach more than 185 days. A calendar of 183 180
21days may be established with the approval of the State Board of
22Education.
23    (b) Any school board that operates one or more schools
24within the school district on a pilot full-year school plan
25under subsection (a-5) of Section 2-3.25f of this Code shall

 

 

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1devise a plan so that a student's required attendance in school
2shall be for a minimum term of 215 days of actual attendance,
3including not more than 4 institute days, during a 12-month
4period. A calendar of 215 days may be established with the
5approval of the State Board of Education.
6(Source: P.A. 97-370, eff. 1-1-12.)
 
7    (105 ILCS 5/18-8.05)
8    Sec. 18-8.05. Basis for apportionment of general State
9financial aid and supplemental general State aid to the common
10schools for the 1998-1999 and subsequent school years.
 
11(A) General Provisions.
12    (1) The provisions of this Section apply to the 1998-1999
13and subsequent school years. The system of general State
14financial aid provided for in this Section is designed to
15assure that, through a combination of State financial aid and
16required local resources, the financial support provided each
17pupil in Average Daily Attendance equals or exceeds a
18prescribed per pupil Foundation Level. This formula approach
19imputes a level of per pupil Available Local Resources and
20provides for the basis to calculate a per pupil level of
21general State financial aid that, when added to Available Local
22Resources, equals or exceeds the Foundation Level. The amount
23of per pupil general State financial aid for school districts,
24in general, varies in inverse relation to Available Local

 

 

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

 

 

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

 

 

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

 

 

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1the aggregate of general State financial aid provided the
2district, an aggregate of State and local resources are
3available to meet the basic education needs of pupils in the
4district.
5    (2) For the 1998-1999 school year, the Foundation Level of
6support is $4,225. For the 1999-2000 school year, the
7Foundation Level of support is $4,325. For the 2000-2001 school
8year, the Foundation Level of support is $4,425. For the
92001-2002 school year and 2002-2003 school year, the Foundation
10Level of support is $4,560. For the 2003-2004 school year, the
11Foundation Level of support is $4,810. For the 2004-2005 school
12year, the Foundation Level of support is $4,964. For the
132005-2006 school year, the Foundation Level of support is
14$5,164. For the 2006-2007 school year, the Foundation Level of
15support is $5,334. For the 2007-2008 school year, the
16Foundation Level of support is $5,734. For the 2008-2009 school
17year, the Foundation Level of support is $5,959.
18    (3) For the 2009-2010 school year and each school year
19thereafter, the Foundation Level of support is $6,119 or such
20greater amount as may be established by law by the General
21Assembly.
 
22(C) Average Daily Attendance.
23    (1) For purposes of calculating general State aid pursuant
24to subsection (E), an Average Daily Attendance figure shall be
25utilized. The Average Daily Attendance figure for formula

 

 

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

 

 

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

 

 

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1valuation for property within the partial elementary unit
2district for elementary purposes, as defined in Article 11E of
3this Code, multiplied by 2.06% and divided by the district's
4Average Daily Attendance figure, plus the product of the
5equalized assessed valuation for property within the partial
6elementary unit district for high school purposes, as defined
7in Article 11E of this Code, multiplied by 0.94% and divided by
8the district's Average Daily Attendance figure.
9    (4) The Corporate Personal Property Replacement Taxes paid
10to each school district during the calendar year one year
11before the calendar year in which a school year begins, divided
12by the Average Daily Attendance figure for that district, shall
13be added to the local property tax revenues per pupil as
14derived by the application of the immediately preceding
15paragraph (3). The sum of these per pupil figures for each
16school district shall constitute Available Local Resources as
17that term is utilized in subsection (E) in the calculation of
18general State aid.
 
19(E) Computation of General State Aid.
20    (1) For each school year, the amount of general State aid
21allotted to a school district shall be computed by the State
22Board of Education as provided in this subsection.
23    (2) For any school district for which Available Local
24Resources per pupil is less than the product of 0.93 times the
25Foundation Level, general State aid for that district shall be

 

 

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

 

 

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

 

 

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1    added to the month of September and any days of attendance
2    in June shall be added to the month of May.
3        (c) In districts in which some buildings, but not all,
4    hold year-round classes, for the non-year-round buildings,
5    days of attendance in August shall be added to the month of
6    September and any days of attendance in June shall be added
7    to the month of May. The average daily attendance for the
8    year-round buildings shall be computed as provided in
9    subdivision (b) of this paragraph (1). To calculate the
10    Average Daily Attendance for the district, the average
11    daily attendance for the year-round buildings shall be
12    multiplied by the days in session for the non-year-round
13    buildings for each month and added to the monthly
14    attendance of the non-year-round buildings.
15    Except as otherwise provided in this Section, days of
16attendance by pupils shall be counted only for sessions of not
17less than 5 clock hours of school work per day under direct
18supervision of: (i) teachers, or (ii) non-teaching personnel or
19volunteer personnel when engaging in non-teaching duties and
20supervising in those instances specified in subsection (a) of
21Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
22of legal school age and in kindergarten and grades 1 through
2312.
24    Days of attendance by tuition pupils shall be accredited
25only to the districts that pay the tuition to a recognized
26school.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    day of attendance for a pupil whose school day must be
2    shortened to accommodate required testing procedures may
3    be less than 5 clock hours and shall be counted towards the
4    181 176 days of actual pupil attendance required under
5    Section 10-19 of this Code, provided that a sufficient
6    number of minutes of school work in excess of 5 clock hours
7    are first completed on other school days to compensate for
8    the loss of school work on the examination days.
9        (j) Pupils enrolled in a remote educational program
10    established under Section 10-29 of this Code may be counted
11    on the basis of one-fifth day of attendance for every clock
12    hour of instruction attended in the remote educational
13    program, provided that, in any month, the school district
14    may not claim for a student enrolled in a remote
15    educational program more days of attendance than the
16    maximum number of days of attendance the district can claim
17    (i) for students enrolled in a building holding year-round
18    classes if the student is classified as participating in
19    the remote educational program on a year-round schedule or
20    (ii) for students enrolled in a building not holding
21    year-round classes if the student is not classified as
22    participating in the remote educational program on a
23    year-round schedule.
 
24(G) Equalized Assessed Valuation Data.
25    (1) For purposes of the calculation of Available Local

 

 

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1Resources required pursuant to subsection (D), the State Board
2of Education shall secure from the Department of Revenue the
3value as equalized or assessed by the Department of Revenue of
4all taxable property of every school district, together with
5(i) the applicable tax rate used in extending taxes for the
6funds of the district as of September 30 of the previous year
7and (ii) the limiting rate for all school districts subject to
8property tax extension limitations as imposed under the
9Property Tax Extension Limitation Law.
10    The Department of Revenue shall add to the equalized
11assessed value of all taxable property of each school district
12situated entirely or partially within a county that is or was
13subject to the provisions of Section 15-176 or 15-177 of the
14Property Tax Code (a) an amount equal to the total amount by
15which the homestead exemption allowed under Section 15-176 or
1615-177 of the Property Tax Code for real property situated in
17that school district exceeds the total amount that would have
18been allowed in that school district if the maximum reduction
19under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
20all other counties in tax year 2003 or (ii) $5,000 in all
21counties in tax year 2004 and thereafter and (b) an amount
22equal to the aggregate amount for the taxable year of all
23additional exemptions under Section 15-175 of the Property Tax
24Code for owners with a household income of $30,000 or less. The
25county clerk of any county that is or was subject to the
26provisions of Section 15-176 or 15-177 of the Property Tax Code

 

 

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1shall annually calculate and certify to the Department of
2Revenue for each school district all homestead exemption
3amounts under Section 15-176 or 15-177 of the Property Tax Code
4and all amounts of additional exemptions under Section 15-175
5of the Property Tax Code for owners with a household income of
6$30,000 or less. It is the intent of this paragraph that if the
7general homestead exemption for a parcel of property is
8determined under Section 15-176 or 15-177 of the Property Tax
9Code rather than Section 15-175, then the calculation of
10Available Local Resources shall not be affected by the
11difference, if any, between the amount of the general homestead
12exemption allowed for that parcel of property under Section
1315-176 or 15-177 of the Property Tax Code and the amount that
14would have been allowed had the general homestead exemption for
15that parcel of property been determined under Section 15-175 of
16the Property Tax Code. It is further the intent of this
17paragraph that if additional exemptions are allowed under
18Section 15-175 of the Property Tax Code for owners with a
19household income of less than $30,000, then the calculation of
20Available Local Resources shall not be affected by the
21difference, if any, because of those additional exemptions.
22    This equalized assessed valuation, as adjusted further by
23the requirements of this subsection, shall be utilized in the
24calculation of Available Local Resources.
25    (2) The equalized assessed valuation in paragraph (1) shall
26be adjusted, as applicable, in the following manner:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB4227- 28 -LRB099 12722 NHT 36506 b

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

 

 

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1districts in excess of 50% from the 2 most recent federal
2censuses, then the high school district's low-income eligible
3pupil count from the earlier federal census shall be the number
4used as the low-income eligible pupil count for the high school
5district, for purposes of this subsection (H). The changes made
6to this paragraph (1) by Public Act 92-28 shall apply to
7supplemental general State aid grants for school years
8preceding the 2003-2004 school year that are paid in fiscal
9year 1999 or thereafter and to any State aid payments made in
10fiscal year 1994 through fiscal year 1998 pursuant to
11subsection 1(n) of Section 18-8 of this Code (which was
12repealed on July 1, 1998), and any high school district that is
13affected by Public Act 92-28 is entitled to a recomputation of
14its supplemental general State aid grant or State aid paid in
15any of those fiscal years. This recomputation shall not be
16affected by any other funding.
17    (1.10) This paragraph (1.10) applies to the 2003-2004
18school year and each school year thereafter. For purposes of
19this subsection (H), the term "Low-Income Concentration Level"
20shall, for each fiscal year, be the low-income eligible pupil
21count as of July 1 of the immediately preceding fiscal year (as
22determined by the Department of Human Services based on the
23number of pupils who are eligible for at least one of the
24following low income programs: Medicaid, the Children's Health
25Insurance Program, TANF, or Food Stamps, excluding pupils who
26are eligible for services provided by the Department of

 

 

HB4227- 30 -LRB099 12722 NHT 36506 b

1Children and Family Services, averaged over the 2 immediately
2preceding fiscal years for fiscal year 2004 and over the 3
3immediately preceding fiscal years for each fiscal year
4thereafter) divided by the Average Daily Attendance of the
5school district.
6    (2) Supplemental general State aid pursuant to this
7subsection (H) shall be provided as follows for the 1998-1999,
81999-2000, and 2000-2001 school years only:
9        (a) For any school district with a Low Income
10    Concentration Level of at least 20% and less than 35%, the
11    grant for any school year shall be $800 multiplied by the
12    low income eligible pupil count.
13        (b) For any school district with a Low Income
14    Concentration Level of at least 35% and less than 50%, the
15    grant for the 1998-1999 school year shall be $1,100
16    multiplied by the low income eligible pupil count.
17        (c) For any school district with a Low Income
18    Concentration Level of at least 50% and less than 60%, the
19    grant for the 1998-99 school year shall be $1,500
20    multiplied by the low income eligible pupil count.
21        (d) For any school district with a Low Income
22    Concentration Level of 60% or more, the grant for the
23    1998-99 school year shall be $1,900 multiplied by the low
24    income eligible pupil count.
25        (e) For the 1999-2000 school year, the per pupil amount
26    specified in subparagraphs (b), (c), and (d) immediately

 

 

HB4227- 31 -LRB099 12722 NHT 36506 b

1    above shall be increased to $1,243, $1,600, and $2,000,
2    respectively.
3        (f) For the 2000-2001 school year, the per pupil
4    amounts specified in subparagraphs (b), (c), and (d)
5    immediately above shall be $1,273, $1,640, and $2,050,
6    respectively.
7    (2.5) Supplemental general State aid pursuant to this
8subsection (H) shall be provided as follows for the 2002-2003
9school year:
10        (a) For any school district with a Low Income
11    Concentration Level of less than 10%, 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 of at least 10% and less than 20%, the
16    grant for each school year shall be $675 multiplied by the
17    low income eligible pupil count.
18        (c) For any school district with a Low Income
19    Concentration Level of at least 20% and less than 35%, the
20    grant for each school year shall be $1,330 multiplied by
21    the low income eligible pupil count.
22        (d) For any school district with a Low Income
23    Concentration Level of at least 35% and less than 50%, the
24    grant for each school year shall be $1,362 multiplied by
25    the low income eligible pupil count.
26        (e) For any school district with a Low Income

 

 

HB4227- 32 -LRB099 12722 NHT 36506 b

1    Concentration Level of at least 50% and less than 60%, the
2    grant for each school year shall be $1,680 multiplied by
3    the low income eligible pupil count.
4        (f) For any school district with a Low Income
5    Concentration Level of 60% or more, the grant for each
6    school year shall be $2,080 multiplied by the low income
7    eligible pupil count.
8    (2.10) Except as otherwise provided, supplemental general
9State aid pursuant to this subsection (H) shall be provided as
10follows for the 2003-2004 school year and each school year
11thereafter:
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

 

 

HB4227- 33 -LRB099 12722 NHT 36506 b

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    (3) School districts with an Average Daily Attendance of
26more than 1,000 and less than 50,000 that qualify for

 

 

HB4227- 34 -LRB099 12722 NHT 36506 b

1supplemental general State aid pursuant to this subsection
2shall submit a plan to the State Board of Education prior to
3October 30 of each year for the use of the funds resulting from
4this grant of supplemental general State aid for the
5improvement of instruction in which priority is given to
6meeting the education needs of disadvantaged children. Such
7plan shall be submitted in accordance with rules and
8regulations promulgated by the State Board of Education.
9    (4) School districts with an Average Daily Attendance of
1050,000 or more that qualify for supplemental general State aid
11pursuant to this subsection shall be required to distribute
12from funds available pursuant to this Section, no less than
13$261,000,000 in accordance with the following requirements:
14        (a) The required amounts shall be distributed to the
15    attendance centers within the district in proportion to the
16    number of pupils enrolled at each attendance center who are
17    eligible to receive free or reduced-price lunches or
18    breakfasts under the federal Child Nutrition Act of 1966
19    and under the National School Lunch Act during the
20    immediately preceding school year.
21        (b) The distribution of these portions of supplemental
22    and general State aid among attendance centers according to
23    these requirements shall not be compensated for or
24    contravened by adjustments of the total of other funds
25    appropriated to any attendance centers, and the Board of
26    Education shall utilize funding from one or several sources

 

 

HB4227- 35 -LRB099 12722 NHT 36506 b

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

 

 

HB4227- 36 -LRB099 12722 NHT 36506 b

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

 

 

HB4227- 37 -LRB099 12722 NHT 36506 b

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

 

 

HB4227- 38 -LRB099 12722 NHT 36506 b

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

 

 

HB4227- 39 -LRB099 12722 NHT 36506 b

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

 

 

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

 

 

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

 

 

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

 

 

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1low-spending schools exhibiting high academic performance. The
2Education Funding Advisory Board shall make such
3recommendations to the General Assembly on January 1 of odd
4numbered years, beginning January 1, 2001.
 
5(N) (Blank).
 
6(O) References.
7    (1) References in other laws to the various subdivisions of
8Section 18-8 as that Section existed before its repeal and
9replacement by this Section 18-8.05 shall be deemed to refer to
10the corresponding provisions of this Section 18-8.05, to the
11extent that those references remain applicable.
12    (2) References in other laws to State Chapter 1 funds shall
13be deemed to refer to the supplemental general State aid
14provided under subsection (H) of this Section.
 
15(P) Public Act 93-838 and Public Act 93-808 make inconsistent
16changes to this Section. Under Section 6 of the Statute on
17Statutes there is an irreconcilable conflict between Public Act
1893-808 and Public Act 93-838. Public Act 93-838, being the last
19acted upon, is controlling. The text of Public Act 93-838 is
20the law regardless of the text of Public Act 93-808.
 
21(Q) State Fiscal Year 2015 Payments.
22    For payments made for State fiscal year 2015, the State

 

 

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1Board of Education shall, for each school district, calculate
2that district's pro-rata share of a minimum sum of $13,600,000
3or additional amounts as needed from the total net General
4State Aid funding as calculated under this Section that shall
5be deemed attributable to the provision of special educational
6facilities and services, as defined in Section 14-1.08 of this
7Code, in a manner that ensures compliance with maintenance of
8State financial support requirements under the federal
9Individuals with Disabilities Education Act. Each school
10district must use such funds only for the provision of special
11educational facilities and services, as defined in Section
1214-1.08 of this Code, and must comply with any expenditure
13verification procedures adopted by the State Board of
14Education.
15(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15.)
 
16    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
17    Sec. 18-12. Dates for filing State aid claims. The school
18board of each school district shall require teachers,
19principals, or superintendents to furnish from records kept by
20them such data as it needs in preparing and certifying to the
21regional superintendent its school district report of claims
22provided in Sections 18-8.05 through 18-9 as required by the
23State Superintendent of Education. The district claim shall be
24based on the latest available equalized assessed valuation and
25tax rates, as provided in Section 18-8.05 and shall use the

 

 

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1average daily attendance as determined by the method outlined
2in Section 18-8.05 and shall be certified and filed with the
3regional superintendent by June 21 for districts with an
4official school calendar end date before June 15 or within 2
5weeks following the official school calendar end date for
6districts with a school year end date of June 15 or later. The
7regional superintendent shall certify and file with the State
8Superintendent of Education district State aid claims by July 1
9for districts with an official school calendar end date before
10June 15 or no later than July 15 for districts with an official
11school calendar end date of June 15 or later. Failure to so
12file by these deadlines constitutes a forfeiture of the right
13to receive payment by the State until such claim is filed and
14vouchered for payment. The regional superintendent of schools
15shall certify the county report of claims by July 15; and the
16State Superintendent of Education shall voucher for payment
17those claims to the State Comptroller as provided in Section
1818-11.
19    Except as otherwise provided in this Section, if any school
20district fails to provide the minimum school term specified in
21Section 10-19, the State aid claim for that year shall be
22reduced by the State Superintendent of Education in an amount
23equivalent to 1/181 1/176 or 0.55249% .56818% for each day less
24than the number of days required by this Code.
25    If the State Superintendent of Education determines that
26the failure to provide the minimum school term was occasioned

 

 

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1by an act or acts of God, or was occasioned by conditions
2beyond the control of the school district which posed a
3hazardous threat to the health and safety of pupils, the State
4aid claim need not be reduced.
5    If a school district is precluded from providing the
6minimum hours of instruction required for a full day of
7attendance due to an adverse weather condition or a condition
8beyond the control of the school district that poses a
9hazardous threat to the health and safety of students, then the
10partial day of attendance may be counted if (i) the school
11district has provided at least one hour of instruction prior to
12the closure of the school district, (ii) a school building has
13provided at least one hour of instruction prior to the closure
14of the school building, or (iii) the normal start time of the
15school district is delayed.
16    If, prior to providing any instruction, a school district
17must close one or more but not all school buildings after
18consultation with a local emergency response agency or due to a
19condition beyond the control of the school district, then the
20school district may claim attendance for up to 2 school days
21based on the average attendance of the 3 school days
22immediately preceding the closure of the affected school
23building. The partial or no day of attendance described in this
24Section and the reasons therefore shall be certified within a
25month of the closing or delayed start by the school district
26superintendent to the regional superintendent of schools for

 

 

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1forwarding to the State Superintendent of Education for
2approval.
3    No exception to the requirement of providing a minimum
4school term may be approved by the State Superintendent of
5Education pursuant to this Section unless a school district has
6first used all emergency days provided for in its regular
7calendar.
8    If the State Superintendent of Education declares that an
9energy shortage exists during any part of the school year for
10the State or a designated portion of the State, a district may
11operate the school attendance centers within the district 4
12days of the week during the time of the shortage by extending
13each existing school day by one clock hour of school work, and
14the State aid claim shall not be reduced, nor shall the
15employees of that district suffer any reduction in salary or
16benefits as a result thereof. A district may operate all
17attendance centers on this revised schedule, or may apply the
18schedule to selected attendance centers, taking into
19consideration such factors as pupil transportation schedules
20and patterns and sources of energy for individual attendance
21centers.
22    Electronically submitted State aid claims shall be
23submitted by duly authorized district or regional individuals
24over a secure network that is password protected. The
25electronic submission of a State aid claim must be accompanied
26with an affirmation that all of the provisions of Sections

 

 

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118-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
2all respects.
3(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
495-876, eff. 8-21-08; 96-734, eff. 8-25-09.)