Full Text of HB3373 98th General Assembly
HB3373 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3373 Introduced , by Rep. Darlene J. Senger SYNOPSIS AS INTRODUCED: |
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Amends the State aid formula provisions of the School Code. Provides that the foundation level of support must not be lower than $6,119 in any school year. Effective July 1, 2013.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 18-8.05 as follows:
| 6 | | (105 ILCS 5/18-8.05)
| 7 | | (Text of Section before amendment by P.A. 97-742 ) | 8 | | Sec. 18-8.05. Basis for apportionment of general State | 9 | | financial aid and
supplemental general State aid to the common | 10 | | schools for the 1998-1999 and
subsequent school years.
| 11 | | (A) General Provisions. | 12 | | (1) The provisions of this Section apply to the 1998-1999 | 13 | | and subsequent
school years. The system of general State | 14 | | financial aid provided for in this
Section
is designed to | 15 | | assure that, through a combination of State financial aid and
| 16 | | required local resources, the financial support provided each | 17 | | pupil in Average
Daily Attendance equals or exceeds a
| 18 | | prescribed per pupil Foundation Level. This formula approach | 19 | | imputes a level
of per pupil Available Local Resources and | 20 | | provides for the basis to calculate
a per pupil level of | 21 | | general State financial aid that, when added to Available
Local | 22 | | Resources, equals or exceeds the Foundation Level. The
amount |
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| 1 | | of per pupil general State financial aid for school districts, | 2 | | in
general, varies in inverse
relation to Available Local | 3 | | Resources. Per pupil amounts are based upon
each school | 4 | | district's Average Daily Attendance as that term is defined in | 5 | | this
Section. | 6 | | (2) In addition to general State financial aid, school | 7 | | districts with
specified levels or concentrations of pupils | 8 | | from low income households are
eligible to receive supplemental | 9 | | general State financial aid grants as provided
pursuant to | 10 | | subsection (H).
The supplemental State aid grants provided for | 11 | | school districts under
subsection (H) shall be appropriated for | 12 | | distribution to school districts as
part of the same line item | 13 | | in which the general State financial aid of school
districts is | 14 | | appropriated under this Section. | 15 | | (3) To receive financial assistance under this Section, | 16 | | school districts
are required to file claims with the State | 17 | | Board of Education, subject to the
following requirements: | 18 | | (a) Any school district which fails for any given | 19 | | school year to maintain
school as required by law, or to | 20 | | maintain a recognized school is not
eligible to file for | 21 | | such school year any claim upon the Common School
Fund. In | 22 | | case of nonrecognition of one or more attendance centers in | 23 | | a
school district otherwise operating recognized schools, | 24 | | the claim of the
district shall be reduced in the | 25 | | proportion which the Average Daily
Attendance in the | 26 | | attendance center or centers bear to the Average Daily
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| 1 | | Attendance in the school district. A "recognized school" | 2 | | means any
public school which meets the standards as | 3 | | established for recognition
by the State Board of | 4 | | Education. A school district or attendance center
not | 5 | | having recognition status at the end of a school term is | 6 | | entitled to
receive State aid payments due upon a legal | 7 | | claim which was filed while
it was recognized. | 8 | | (b) School district claims filed under this Section are | 9 | | subject to
Sections 18-9 and 18-12, except as otherwise | 10 | | provided in this
Section. | 11 | | (c) If a school district operates a full year school | 12 | | under Section
10-19.1, the general State aid to the school | 13 | | district shall be determined
by the State Board of | 14 | | Education in accordance with this Section as near as
may be | 15 | | applicable. | 16 | | (d) (Blank). | 17 | | (4) Except as provided in subsections (H) and (L), the | 18 | | board of any district
receiving any of the grants provided for | 19 | | in this Section may apply those funds
to any fund so received | 20 | | for which that board is authorized to make expenditures
by law. | 21 | | School districts are not required to exert a minimum | 22 | | Operating Tax Rate in
order to qualify for assistance under | 23 | | this Section. | 24 | | (5) As used in this Section the following terms, when | 25 | | capitalized, shall
have the meaning ascribed herein: | 26 | | (a) "Average Daily Attendance": A count of pupil |
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| 1 | | attendance in school,
averaged as provided for in | 2 | | subsection (C) and utilized in deriving per pupil
financial | 3 | | support levels. | 4 | | (b) "Available Local Resources": A computation of | 5 | | local financial
support, calculated on the basis of Average | 6 | | Daily Attendance and derived as
provided pursuant to | 7 | | subsection (D). | 8 | | (c) "Corporate Personal Property Replacement Taxes": | 9 | | Funds paid to local
school districts pursuant to "An Act in | 10 | | relation to the abolition of ad valorem
personal property | 11 | | tax and the replacement of revenues lost thereby, and
| 12 | | amending and repealing certain Acts and parts of Acts in | 13 | | connection therewith",
certified August 14, 1979, as | 14 | | amended (Public Act 81-1st S.S.-1). | 15 | | (d) "Foundation Level": A prescribed level of per pupil | 16 | | financial support
as provided for in subsection (B). | 17 | | (e) "Operating Tax Rate": All school district property | 18 | | taxes extended for
all purposes, except Bond and
Interest, | 19 | | Summer School, Rent, Capital Improvement, and Vocational | 20 | | Education
Building purposes.
| 21 | | (B) Foundation Level. | 22 | | (1) The Foundation Level is a figure established by the | 23 | | State representing
the minimum level of per pupil financial | 24 | | support that should be available to
provide for the basic | 25 | | education of each pupil in
Average Daily Attendance. As set |
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| 1 | | forth in this Section, each school district
is assumed to exert
| 2 | | a sufficient local taxing effort such that, in combination with | 3 | | the aggregate
of general State
financial aid provided the | 4 | | district, an aggregate of State and local resources
are | 5 | | available to meet
the basic education needs of pupils in the | 6 | | district. | 7 | | (2) For the 1998-1999 school year, the Foundation Level of | 8 | | support is
$4,225. For the 1999-2000 school year, the | 9 | | Foundation Level of support is
$4,325. For the 2000-2001 school | 10 | | year, the Foundation Level of support is
$4,425. For the | 11 | | 2001-2002 school year and 2002-2003 school year, the
Foundation | 12 | | Level of support is $4,560. For the 2003-2004 school year, the | 13 | | Foundation Level of support is $4,810. For the 2004-2005 school | 14 | | year, the Foundation Level of support is $4,964.
For the | 15 | | 2005-2006 school year,
the Foundation Level of support is | 16 | | $5,164. For the 2006-2007 school year, the Foundation Level of | 17 | | support is $5,334. For the 2007-2008 school year, the | 18 | | Foundation Level of support is $5,734. For the 2008-2009 school | 19 | | year, the Foundation Level of support is $5,959. | 20 | | (3) For the 2009-2010 school year and each school year | 21 | | thereafter,
the Foundation Level of support is $6,119 or such | 22 | | greater amount as
may be established by law by the General | 23 | | Assembly. The Foundation Level of support must not be lower | 24 | | than $6,119 in any school year.
| 25 | | (C) Average Daily Attendance. |
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| 1 | | (1) For purposes of calculating general State aid pursuant | 2 | | to subsection
(E), an Average Daily Attendance figure shall be | 3 | | utilized. The Average Daily
Attendance figure for formula
| 4 | | calculation purposes shall be the monthly average of the actual | 5 | | number of
pupils in attendance of
each school district, as | 6 | | further averaged for the best 3 months of pupil
attendance for | 7 | | each
school district. In compiling the figures for the number | 8 | | of pupils in
attendance, school districts
and the State Board | 9 | | of Education shall, for purposes of general State aid
funding, | 10 | | conform
attendance figures to the requirements of subsection | 11 | | (F). | 12 | | (2) The Average Daily Attendance figures utilized in | 13 | | subsection (E) shall be
the requisite attendance data for the | 14 | | school year immediately preceding
the
school year for which | 15 | | general State aid is being calculated
or the average of the | 16 | | attendance data for the 3 preceding school
years, whichever is | 17 | | greater. The Average Daily Attendance figures
utilized in | 18 | | subsection (H) shall be the requisite attendance data for the
| 19 | | school year immediately preceding the school year for which | 20 | | general
State aid is being calculated.
| 21 | | (D) Available Local Resources. | 22 | | (1) For purposes of calculating general State aid pursuant | 23 | | to subsection
(E), a representation of Available Local | 24 | | Resources per pupil, as that term is
defined and determined in | 25 | | this subsection, shall be utilized. Available Local
Resources |
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| 1 | | per pupil shall include a calculated
dollar amount representing | 2 | | local school district revenues from local property
taxes and | 3 | | from
Corporate Personal Property Replacement Taxes, expressed | 4 | | on the basis of pupils
in Average
Daily Attendance. Calculation | 5 | | of Available Local Resources shall exclude any tax amnesty | 6 | | funds received as a result of Public Act 93-26. | 7 | | (2) In determining a school district's revenue from local | 8 | | property taxes,
the State Board of Education shall utilize the | 9 | | equalized assessed valuation of
all taxable property of each | 10 | | school
district as of September 30 of the previous year. The | 11 | | equalized assessed
valuation utilized shall
be obtained and | 12 | | determined as provided in subsection (G). | 13 | | (3) For school districts maintaining grades kindergarten | 14 | | through 12, local
property tax
revenues per pupil shall be | 15 | | calculated as the product of the applicable
equalized assessed
| 16 | | valuation for the district multiplied by 3.00%, and divided by | 17 | | the district's
Average Daily
Attendance figure. For school | 18 | | districts maintaining grades kindergarten
through 8, local
| 19 | | property tax revenues per pupil shall be calculated as the | 20 | | product of the
applicable equalized
assessed valuation for the | 21 | | district multiplied by 2.30%, and divided by the
district's | 22 | | Average
Daily Attendance figure. For school districts | 23 | | maintaining grades 9 through 12,
local property
tax revenues | 24 | | per pupil shall be the applicable equalized assessed valuation | 25 | | of
the district
multiplied by 1.05%, and divided by the | 26 | | district's Average Daily
Attendance
figure. |
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| 1 | | For partial elementary unit districts created pursuant to | 2 | | Article 11E of this Code, local property tax revenues per pupil | 3 | | shall be calculated as the product of the equalized assessed | 4 | | valuation for property within the partial elementary unit | 5 | | district for elementary purposes, as defined in Article 11E of | 6 | | this Code, multiplied by 2.06% and divided by the district's | 7 | | Average Daily Attendance figure, plus the product of the | 8 | | equalized assessed valuation for property within the partial | 9 | | elementary unit district for high school purposes, as defined | 10 | | in Article 11E of this Code, multiplied by 0.94% and divided by | 11 | | the district's Average Daily Attendance figure.
| 12 | | (4) The Corporate Personal Property Replacement Taxes paid | 13 | | to each school
district during the calendar year one year | 14 | | before the calendar year in which a
school year begins, divided | 15 | | by the Average Daily Attendance figure for that
district, shall | 16 | | be added to the local property tax revenues per pupil as
| 17 | | derived by the application of the immediately preceding | 18 | | paragraph (3). The sum
of these per pupil figures for each | 19 | | school district shall constitute Available
Local Resources as | 20 | | that term is utilized in subsection (E) in the calculation
of | 21 | | general State aid.
| 22 | | (E) Computation of General State Aid. | 23 | | (1) For each school year, the amount of general State aid | 24 | | allotted to a
school district shall be computed by the State | 25 | | Board of Education as provided
in this subsection. |
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| 1 | | (2) For any school district for which Available Local | 2 | | Resources per pupil
is less than the product of 0.93 times the | 3 | | Foundation Level, general State aid
for that district shall be | 4 | | calculated as an amount equal to the Foundation
Level minus | 5 | | Available Local Resources, multiplied by the Average Daily
| 6 | | Attendance of the school district. | 7 | | (3) For any school district for which Available Local | 8 | | Resources per pupil
is equal to or greater than the product of | 9 | | 0.93 times the Foundation Level and
less than the product of | 10 | | 1.75 times the Foundation Level, the general State aid
per | 11 | | pupil shall be a decimal proportion of the Foundation Level | 12 | | derived using a
linear algorithm. Under this linear algorithm, | 13 | | the calculated general State
aid per pupil shall decline in | 14 | | direct linear fashion from 0.07 times the
Foundation Level for | 15 | | a school district with Available Local Resources equal to
the | 16 | | product of 0.93 times the Foundation Level, to 0.05 times the | 17 | | Foundation
Level for a school district with Available Local | 18 | | Resources equal to the product
of 1.75 times the Foundation | 19 | | Level. The allocation of general
State aid for school districts | 20 | | subject to this paragraph 3 shall be the
calculated general | 21 | | State aid
per pupil figure multiplied by the Average Daily | 22 | | Attendance of the school
district. | 23 | | (4) For any school district for which Available Local | 24 | | Resources per pupil
equals or exceeds the product of 1.75 times | 25 | | the Foundation Level, the general
State aid for the school | 26 | | district shall be calculated as the product of $218
multiplied |
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| 1 | | by the Average Daily Attendance of the school
district. | 2 | | (5) The amount of general State aid allocated to a school | 3 | | district for
the 1999-2000 school year meeting the requirements | 4 | | set forth in paragraph (4)
of subsection
(G) shall be increased | 5 | | by an amount equal to the general State aid that
would have | 6 | | been received by the district for the 1998-1999 school year by
| 7 | | utilizing the Extension Limitation Equalized Assessed | 8 | | Valuation as calculated
in paragraph (4) of subsection (G) less | 9 | | the general State aid allotted for the
1998-1999
school year. | 10 | | This amount shall be deemed a one time increase, and shall not
| 11 | | affect any future general State aid allocations.
| 12 | | (F) Compilation of Average Daily Attendance. | 13 | | (1) Each school district shall, by July 1 of each year, | 14 | | submit to the State
Board of Education, on forms prescribed by | 15 | | the State Board of Education,
attendance figures for the school | 16 | | year that began in the preceding calendar
year. The attendance | 17 | | information so transmitted shall identify the average
daily | 18 | | attendance figures for each month of the school year. Beginning | 19 | | with
the general State aid claim form for the 2002-2003 school
| 20 | | year, districts shall calculate Average Daily Attendance as | 21 | | provided in
subdivisions (a), (b), and (c) of this paragraph | 22 | | (1). | 23 | | (a) In districts that do not hold year-round classes,
| 24 | | days of attendance in August shall be added to the month of | 25 | | September and any
days of attendance in June shall be added |
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| 1 | | to the month of May. | 2 | | (b) In districts in which all buildings hold year-round | 3 | | classes,
days of attendance in July and August shall be | 4 | | added to the month
of September and any days of attendance | 5 | | in June shall be added to
the month of May. | 6 | | (c) In districts in which some buildings, but not all, | 7 | | hold
year-round classes, for the non-year-round buildings, | 8 | | days of
attendance in August shall be added to the month of | 9 | | September
and any days of attendance in June shall be added | 10 | | to the month of
May. The average daily attendance for the | 11 | | year-round buildings
shall be computed as provided in | 12 | | subdivision (b) of this paragraph
(1). To calculate the | 13 | | Average Daily Attendance for the district, the
average | 14 | | daily attendance for the year-round buildings shall be
| 15 | | multiplied by the days in session for the non-year-round | 16 | | buildings
for each month and added to the monthly | 17 | | attendance of the
non-year-round buildings. | 18 | | Except as otherwise provided in this Section, days of
| 19 | | attendance by pupils shall be counted only for sessions of not | 20 | | less than
5 clock hours of school work per day under direct | 21 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or | 22 | | volunteer personnel when engaging
in non-teaching duties and | 23 | | supervising in those instances specified in
subsection (a) of | 24 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | 25 | | of legal school age and in kindergarten and grades 1 through | 26 | | 12. |
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| 1 | | Days of attendance by tuition pupils shall be accredited | 2 | | only to the
districts that pay the tuition to a recognized | 3 | | school. | 4 | | (2) Days of attendance by pupils of less than 5 clock hours | 5 | | of school
shall be subject to the following provisions in the | 6 | | compilation of Average
Daily Attendance. | 7 | | (a) Pupils regularly enrolled in a public school for | 8 | | only a part of
the school day may be counted on the basis | 9 | | of 1/6 day for every class hour
of instruction of 40 | 10 | | minutes or more attended pursuant to such enrollment,
| 11 | | unless a pupil is
enrolled in a block-schedule format of 80 | 12 | | minutes or more of instruction,
in which case the pupil may | 13 | | be counted on the basis of the proportion of
minutes of | 14 | | school work completed each day to the minimum number of
| 15 | | minutes that school work is required to be held that day. | 16 | | (b) Days of attendance may be less than 5 clock hours | 17 | | on the opening
and closing of the school term, and upon the | 18 | | first day of pupil
attendance, if preceded by a day or days | 19 | | utilized as an institute or
teachers' workshop. | 20 | | (c) A session of 4 or more clock hours may be counted | 21 | | as a day of
attendance upon certification by the regional | 22 | | superintendent, and
approved by the State Superintendent | 23 | | of Education to the extent that the
district has been | 24 | | forced to use daily multiple sessions. | 25 | | (d) A session of 3 or more clock hours may be counted | 26 | | as a day of
attendance (1) when the remainder of the school |
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| 1 | | day or at least
2 hours in the evening of that day is | 2 | | utilized for an
in-service training program for teachers, | 3 | | up to a maximum of 5 days per
school year, provided a | 4 | | district conducts an in-service
training program for | 5 | | teachers in accordance with Section 10-22.39 of this Code; | 6 | | or, in lieu of 4 such days, 2 full days may
be used, in | 7 | | which event each such day
may be counted as a day required | 8 | | for a legal school calendar pursuant to Section 10-19 of | 9 | | this Code; (1.5) when, of the 5 days allowed under item | 10 | | (1), a maximum of 4 days are used for parent-teacher | 11 | | conferences, or, in lieu of 4 such days, 2 full days are | 12 | | used, in which case each such day may be counted as a | 13 | | calendar day required under Section 10-19 of this Code, | 14 | | provided that the full-day, parent-teacher conference | 15 | | consists of (i) a minimum of 5 clock hours of | 16 | | parent-teacher conferences, (ii) both a minimum of 2 clock | 17 | | hours of parent-teacher conferences held in the evening | 18 | | following a full day of student attendance, as specified in | 19 | | subsection (F)(1)(c), and a minimum of 3 clock hours of | 20 | | parent-teacher conferences held on the day immediately | 21 | | following evening parent-teacher conferences, or (iii) | 22 | | multiple parent-teacher conferences held in the evenings | 23 | | following full days of student attendance, as specified in | 24 | | subsection (F)(1)(c), in which the time used for the | 25 | | parent-teacher conferences is equivalent to a minimum of 5 | 26 | | clock hours; and (2) when days in
addition to
those |
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| 1 | | provided in items (1) and (1.5) are scheduled by a school | 2 | | pursuant to its school
improvement plan adopted under | 3 | | Article 34 or its revised or amended school
improvement | 4 | | plan adopted under Article 2, provided that (i) such | 5 | | sessions of
3 or more clock hours are scheduled to occur at | 6 | | regular intervals, (ii) the
remainder of the school days in | 7 | | which such sessions occur are utilized
for in-service | 8 | | training programs or other staff development activities | 9 | | for
teachers, and (iii) a sufficient number of minutes of | 10 | | school work under the
direct supervision of teachers are | 11 | | added to the school days between such
regularly scheduled | 12 | | sessions to accumulate not less than the number of minutes
| 13 | | by which such sessions of 3 or more clock hours fall short | 14 | | of 5 clock hours.
Any full days used for the purposes of | 15 | | this paragraph shall not be considered
for
computing | 16 | | average daily attendance. Days scheduled for in-service | 17 | | training
programs, staff development activities, or | 18 | | parent-teacher conferences may be
scheduled separately for | 19 | | different
grade levels and different attendance centers of | 20 | | the district. | 21 | | (e) A session of not less than one clock hour of | 22 | | teaching
hospitalized or homebound pupils on-site or by | 23 | | telephone to the classroom may
be counted as 1/2 day of | 24 | | attendance, however these pupils must receive 4 or
more | 25 | | clock hours of instruction to be counted for a full day of | 26 | | attendance. |
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| 1 | | (f) A session of at least 4 clock hours may be counted | 2 | | as a day of
attendance for first grade pupils, and pupils | 3 | | in full day kindergartens,
and a session of 2 or more hours | 4 | | may be counted as 1/2 day of attendance by
pupils in | 5 | | kindergartens which provide only 1/2 day of attendance. | 6 | | (g) For children with disabilities who are below the | 7 | | age of 6 years and
who
cannot attend 2 or more clock hours | 8 | | because of their disability or
immaturity, a session of not | 9 | | less than one clock hour may be counted as 1/2 day
of | 10 | | attendance; however for such children whose educational | 11 | | needs so require
a session of 4 or more clock hours may be | 12 | | counted as a full day of attendance. | 13 | | (h) A recognized kindergarten which provides for only | 14 | | 1/2 day of
attendance by each pupil shall not have more | 15 | | than 1/2 day of attendance
counted in any one day. However, | 16 | | kindergartens may count 2 1/2 days
of
attendance in any 5 | 17 | | consecutive school days. When a pupil attends such a
| 18 | | kindergarten for 2 half days on any one school day, the | 19 | | pupil shall have
the following day as a day absent from | 20 | | school, unless the school district
obtains permission in | 21 | | writing from the State Superintendent of Education.
| 22 | | Attendance at kindergartens which provide for a full day of | 23 | | attendance by
each pupil shall be counted the same as | 24 | | attendance by first grade pupils.
Only the first year of | 25 | | attendance in one kindergarten shall be counted,
except in | 26 | | case of children who entered the kindergarten in their |
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| 1 | | fifth year
whose educational development requires a second | 2 | | year of kindergarten as
determined under the rules and | 3 | | regulations of the State Board of Education. | 4 | | (i) On the days when the Prairie State Achievement | 5 | | Examination is
administered under subsection (c) of | 6 | | Section 2-3.64 of this Code, the day
of attendance for a | 7 | | pupil whose school
day must be shortened to accommodate | 8 | | required testing procedures may
be less than 5 clock hours | 9 | | and shall be counted towards the 176 days of actual pupil | 10 | | attendance required under Section 10-19 of this Code, | 11 | | provided that a sufficient number of minutes
of school work | 12 | | in excess of 5 clock hours are first completed on other | 13 | | school
days to compensate for the loss of school work on | 14 | | the examination days. | 15 | | (j) Pupils enrolled in a remote educational program | 16 | | established under Section 10-29 of this Code may be counted | 17 | | on the basis of one-fifth day of attendance for every clock | 18 | | hour of instruction attended in the remote educational | 19 | | program, provided that, in any month, the school district | 20 | | may not claim for a student enrolled in a remote | 21 | | educational program more days of attendance than the | 22 | | maximum number of days of attendance the district can claim | 23 | | (i) for students enrolled in a building holding year-round | 24 | | classes if the student is classified as participating in | 25 | | the remote educational program on a year-round schedule or | 26 | | (ii) for students enrolled in a building not holding |
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| 1 | | year-round classes if the student is not classified as | 2 | | participating in the remote educational program on a | 3 | | year-round schedule.
| 4 | | (G) Equalized Assessed Valuation Data. | 5 | | (1) For purposes of the calculation of Available Local | 6 | | Resources required
pursuant to subsection (D), the
State Board | 7 | | of Education shall secure from the Department of
Revenue the | 8 | | value as equalized or assessed by the Department of Revenue of
| 9 | | all taxable property of every school district, together with | 10 | | (i) the applicable
tax rate used in extending taxes for the | 11 | | funds of the district as of
September 30 of the previous year
| 12 | | and (ii) the limiting rate for all school
districts subject to | 13 | | property tax extension limitations as imposed under the
| 14 | | Property Tax Extension Limitation Law.
| 15 | | The Department of Revenue shall add to the equalized | 16 | | assessed value of all
taxable
property of each school district | 17 | | situated entirely or partially within a county
that is or was | 18 | | subject to the
provisions of Section 15-176 or 15-177 of the | 19 | | Property Tax Code (a)
an amount equal to the total amount by | 20 | | which the
homestead exemption allowed under Section 15-176 or | 21 | | 15-177 of the Property Tax Code for
real
property situated in | 22 | | that school district exceeds the total amount that would
have | 23 | | been
allowed in that school district if the maximum reduction | 24 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | 25 | | all other counties in tax year 2003 or (ii) $5,000 in all |
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| 1 | | counties in tax year 2004 and thereafter and (b) an amount | 2 | | equal to the aggregate amount for the taxable year of all | 3 | | additional exemptions under Section 15-175 of the Property Tax | 4 | | Code for owners with a household income of $30,000 or less. The | 5 | | county clerk of any county that is or was subject to the | 6 | | provisions of Section 15-176 or 15-177 of the Property Tax Code | 7 | | shall
annually calculate and certify to the Department of | 8 | | Revenue for each school
district all
homestead exemption | 9 | | amounts under Section 15-176 or 15-177 of the Property Tax Code | 10 | | and all amounts of additional exemptions under Section 15-175 | 11 | | of the Property Tax Code for owners with a household income of | 12 | | $30,000 or less. It is the intent of this paragraph that if the | 13 | | general homestead exemption for a parcel of property is | 14 | | determined under Section 15-176 or 15-177 of the Property Tax | 15 | | Code rather than Section 15-175, then the calculation of | 16 | | Available Local Resources shall not be affected by the | 17 | | difference, if any, between the amount of the general homestead | 18 | | exemption allowed for that parcel of property under Section | 19 | | 15-176 or 15-177 of the Property Tax Code and the amount that | 20 | | would have been allowed had the general homestead exemption for | 21 | | that parcel of property been determined under Section 15-175 of | 22 | | the Property Tax Code. It is further the intent of this | 23 | | paragraph that if additional exemptions are allowed under | 24 | | Section 15-175 of the Property Tax Code for owners with a | 25 | | household income of less than $30,000, then the calculation of | 26 | | Available Local Resources shall not be affected by the |
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| 1 | | difference, if any, because of those additional exemptions. | 2 | | This equalized assessed valuation, as adjusted further by | 3 | | the requirements of
this subsection, shall be utilized in the | 4 | | calculation of Available Local
Resources. | 5 | | (2) The equalized assessed valuation in paragraph (1) shall | 6 | | be adjusted, as
applicable, in the following manner: | 7 | | (a) For the purposes of calculating State aid under | 8 | | this Section,
with respect to any part of a school district | 9 | | within a redevelopment
project area in respect to which a | 10 | | municipality has adopted tax
increment allocation | 11 | | financing pursuant to the Tax Increment Allocation
| 12 | | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | 13 | | of the Illinois
Municipal Code or the Industrial Jobs | 14 | | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | 15 | | Illinois Municipal Code, no part of the current equalized
| 16 | | assessed valuation of real property located in any such | 17 | | project area which is
attributable to an increase above the | 18 | | total initial equalized assessed
valuation of such | 19 | | property shall be used as part of the equalized assessed
| 20 | | valuation of the district, until such time as all
| 21 | | redevelopment project costs have been paid, as provided in | 22 | | Section 11-74.4-8
of the Tax Increment Allocation | 23 | | Redevelopment Act or in Section 11-74.6-35 of
the | 24 | | Industrial Jobs Recovery Law. For the purpose of
the | 25 | | equalized assessed valuation of the
district, the total | 26 | | initial equalized assessed valuation or the current
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| 1 | | equalized assessed valuation, whichever is lower, shall be | 2 | | used until
such time as all redevelopment project costs | 3 | | have been paid. | 4 | | (b) The real property equalized assessed valuation for | 5 | | a school district
shall be adjusted by subtracting from the | 6 | | real property
value as equalized or assessed by the | 7 | | Department of Revenue for the
district an amount computed | 8 | | by dividing the amount of any abatement of
taxes under | 9 | | Section 18-170 of the Property Tax Code by 3.00% for a | 10 | | district
maintaining grades kindergarten through 12, by | 11 | | 2.30% for a district
maintaining grades kindergarten | 12 | | through 8, or by 1.05% for a
district
maintaining grades 9 | 13 | | through 12 and adjusted by an amount computed by dividing
| 14 | | the amount of any abatement of taxes under subsection (a) | 15 | | of Section 18-165 of
the Property Tax Code by the same | 16 | | percentage rates for district type as
specified in this | 17 | | subparagraph (b). | 18 | | (3) For the 1999-2000 school year and each school year | 19 | | thereafter, if a
school district meets all of the criteria of | 20 | | this subsection (G)(3), the school
district's Available Local | 21 | | Resources shall be calculated under subsection (D)
using the | 22 | | district's Extension Limitation Equalized Assessed Valuation | 23 | | as
calculated under this
subsection (G)(3). | 24 | | For purposes of this subsection (G)(3) the following terms | 25 | | shall have
the following meanings: | 26 | | "Budget Year": The school year for which general State |
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| 1 | | aid is calculated
and
awarded under subsection (E). | 2 | | "Base Tax Year": The property tax levy year used to | 3 | | calculate the Budget
Year
allocation of general State aid. | 4 | | "Preceding Tax Year": The property tax levy year | 5 | | immediately preceding the
Base Tax Year. | 6 | | "Base Tax Year's Tax Extension": The product of the | 7 | | equalized assessed
valuation utilized by the County Clerk | 8 | | in the Base Tax Year multiplied by the
limiting rate as | 9 | | calculated by the County Clerk and defined in the Property | 10 | | Tax
Extension Limitation Law. | 11 | | "Preceding Tax Year's Tax Extension": The product of | 12 | | the equalized assessed
valuation utilized by the County | 13 | | Clerk in the Preceding Tax Year multiplied by
the Operating | 14 | | Tax Rate as defined in subsection (A). | 15 | | "Extension Limitation Ratio": A numerical ratio, | 16 | | certified by the
County Clerk, in which the numerator is | 17 | | the Base Tax Year's Tax
Extension and the denominator is | 18 | | the Preceding Tax Year's Tax Extension. | 19 | | "Operating Tax Rate": The operating tax rate as defined | 20 | | in subsection (A). | 21 | | If a school district is subject to property tax extension | 22 | | limitations as
imposed under
the Property Tax Extension | 23 | | Limitation Law, the State Board of Education shall
calculate | 24 | | the Extension
Limitation
Equalized Assessed Valuation of that | 25 | | district. For the 1999-2000 school
year, the
Extension | 26 | | Limitation Equalized Assessed Valuation of a school district as
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| 1 | | calculated by the State Board of Education shall be equal to | 2 | | the product of the
district's 1996 Equalized Assessed Valuation | 3 | | and the district's Extension
Limitation Ratio. Except as | 4 | | otherwise provided in this paragraph for a school district that | 5 | | has approved or does approve an increase in its limiting rate, | 6 | | for the 2000-2001 school year and each school year
thereafter,
| 7 | | the Extension Limitation Equalized Assessed Valuation of a | 8 | | school district as
calculated by the State Board of Education | 9 | | shall be equal to the product of
the Equalized Assessed | 10 | | Valuation last used in the calculation of general State
aid and | 11 | | the
district's Extension Limitation Ratio. If the Extension | 12 | | Limitation
Equalized
Assessed Valuation of a school district as | 13 | | calculated under
this subsection (G)(3) is less than the | 14 | | district's equalized assessed valuation
as calculated pursuant | 15 | | to subsections (G)(1) and (G)(2), then for purposes of
| 16 | | calculating the district's general State aid for the Budget | 17 | | Year pursuant to
subsection (E), that Extension
Limitation | 18 | | Equalized Assessed Valuation shall be utilized to calculate the
| 19 | | district's Available Local Resources
under subsection (D). For | 20 | | the 2009-2010 school year and each school year thereafter, if a | 21 | | school district has approved or does approve an increase in its | 22 | | limiting rate, pursuant to Section 18-190 of the Property Tax | 23 | | Code, affecting the Base Tax Year, the Extension Limitation | 24 | | Equalized Assessed Valuation of the school district, as | 25 | | calculated by the State Board of Education, shall be equal to | 26 | | the product of the Equalized Assessed Valuation last used in |
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| 1 | | the calculation of general State aid times an amount equal to | 2 | | one plus the percentage increase, if any, in the Consumer Price | 3 | | Index for all Urban Consumers for all items published by the | 4 | | United States Department of Labor for the 12-month calendar | 5 | | year preceding the Base Tax Year, plus the Equalized Assessed | 6 | | Valuation of new property, annexed property, and recovered tax | 7 | | increment value and minus the Equalized Assessed Valuation of | 8 | | disconnected property. New property and recovered tax | 9 | | increment value shall have the meanings set forth in the | 10 | | Property Tax Extension Limitation Law. | 11 | | Partial elementary unit districts created in accordance | 12 | | with Article 11E of this Code shall not be eligible for the | 13 | | adjustment in this subsection (G)(3) until the fifth year | 14 | | following the effective date of the reorganization.
| 15 | | (3.5) For the 2010-2011 school year and each school year | 16 | | thereafter, if a school district's boundaries span multiple | 17 | | counties, then the Department of Revenue shall send to the | 18 | | State Board of Education, for the purpose of calculating | 19 | | general State aid, the limiting rate and individual rates by | 20 | | purpose for the county that contains the majority of the school | 21 | | district's Equalized Assessed Valuation. | 22 | | (4) For the purposes of calculating general State aid for | 23 | | the 1999-2000
school year only, if a school district | 24 | | experienced a triennial reassessment on
the equalized assessed | 25 | | valuation used in calculating its general State
financial aid | 26 | | apportionment for the 1998-1999 school year, the State Board of
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| 1 | | Education shall calculate the Extension Limitation Equalized | 2 | | Assessed Valuation
that would have been used to calculate the | 3 | | district's 1998-1999 general State
aid. This amount shall equal | 4 | | the product of the equalized assessed valuation
used to
| 5 | | calculate general State aid for the 1997-1998 school year and | 6 | | the district's
Extension Limitation Ratio. If the Extension | 7 | | Limitation Equalized Assessed
Valuation of the school district | 8 | | as calculated under this paragraph (4) is
less than the | 9 | | district's equalized assessed valuation utilized in | 10 | | calculating
the
district's 1998-1999 general State aid | 11 | | allocation, then for purposes of
calculating the district's | 12 | | general State aid pursuant to paragraph (5) of
subsection (E),
| 13 | | that Extension Limitation Equalized Assessed Valuation shall | 14 | | be utilized to
calculate the district's Available Local | 15 | | Resources. | 16 | | (5) For school districts having a majority of their | 17 | | equalized assessed
valuation in any county except Cook, DuPage, | 18 | | Kane, Lake, McHenry, or Will, if
the amount of general State | 19 | | aid allocated to the school district for the
1999-2000 school | 20 | | year under the provisions of subsection (E), (H), and (J) of
| 21 | | this Section is less than the amount of general State aid | 22 | | allocated to the
district for the 1998-1999 school year under | 23 | | these subsections, then the
general
State aid of the district | 24 | | for the 1999-2000 school year only shall be increased
by the | 25 | | difference between these amounts. The total payments made under | 26 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall |
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| 1 | | be prorated if they
exceed $14,000,000.
| 2 | | (H) Supplemental General State Aid. | 3 | | (1) In addition to the general State aid a school district | 4 | | is allotted
pursuant to subsection (E), qualifying school | 5 | | districts shall receive a grant,
paid in conjunction with a | 6 | | district's payments of general State aid, for
supplemental | 7 | | general State aid based upon the concentration level of | 8 | | children
from low-income households within the school | 9 | | district.
Supplemental State aid grants provided for school | 10 | | districts under this
subsection shall be appropriated for | 11 | | distribution to school districts as part
of the same line item | 12 | | in which the general State financial aid of school
districts is | 13 | | appropriated under this Section.
| 14 | | (1.5) This paragraph (1.5) applies only to those school | 15 | | years
preceding the 2003-2004 school year.
For purposes of this
| 16 | | subsection (H), the term "Low-Income Concentration Level" | 17 | | shall be the
low-income
eligible pupil count from the most | 18 | | recently available federal census divided by
the Average Daily | 19 | | Attendance of the school district.
If, however, (i) the | 20 | | percentage decrease from the 2 most recent federal
censuses
in | 21 | | the low-income eligible pupil count of a high school district | 22 | | with fewer
than 400 students exceeds by 75% or more the | 23 | | percentage change in the total
low-income eligible pupil count | 24 | | of contiguous elementary school districts,
whose boundaries | 25 | | are coterminous with the high school district,
or (ii) a high |
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| 1 | | school district within 2 counties and serving 5 elementary
| 2 | | school
districts, whose boundaries are coterminous with the | 3 | | high school
district, has a percentage decrease from the 2 most | 4 | | recent federal
censuses in the low-income eligible pupil count | 5 | | and there is a percentage
increase in the total low-income | 6 | | eligible pupil count of a majority of the
elementary school | 7 | | districts in excess of 50% from the 2 most recent
federal | 8 | | censuses, then
the
high school district's low-income eligible | 9 | | pupil count from the earlier federal
census
shall be the number | 10 | | used as the low-income eligible pupil count for the high
school | 11 | | district, for purposes of this subsection (H).
The changes made | 12 | | to this paragraph (1) by Public Act 92-28 shall apply to
| 13 | | supplemental general State aid
grants for school years | 14 | | preceding the 2003-2004 school year that are paid
in fiscal | 15 | | year 1999 or thereafter
and to
any State aid payments made in | 16 | | fiscal year 1994 through fiscal year
1998 pursuant to | 17 | | subsection 1(n) of Section 18-8 of this Code (which was
| 18 | | repealed on July 1, 1998), and any high school district that is | 19 | | affected by
Public Act 92-28 is
entitled to a
recomputation of | 20 | | its supplemental general State aid grant or State aid
paid in | 21 | | any of those fiscal years. This recomputation shall not be
| 22 | | affected by any other funding. | 23 | | (1.10) This paragraph (1.10) applies to the 2003-2004 | 24 | | school year
and each school year thereafter. For purposes of | 25 | | this subsection (H), the
term "Low-Income Concentration Level" | 26 | | shall, for each fiscal year, be the
low-income eligible
pupil |
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| 1 | | count
as of July 1 of the immediately preceding fiscal year
(as | 2 | | determined by the Department of Human Services based
on the | 3 | | number of pupils
who are eligible for at least one of the | 4 | | following
low income programs: Medicaid, the Children's Health | 5 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who | 6 | | are eligible for services provided by the Department
of | 7 | | Children and Family Services,
averaged over
the 2 immediately | 8 | | preceding fiscal years for fiscal year 2004 and over the 3
| 9 | | immediately preceding fiscal years for each fiscal year | 10 | | thereafter)
divided by the Average Daily Attendance of the | 11 | | school district. | 12 | | (2) Supplemental general State aid pursuant to this | 13 | | subsection (H) shall
be
provided as follows for the 1998-1999, | 14 | | 1999-2000, and 2000-2001 school years
only: | 15 | | (a) For any school district with a Low Income | 16 | | Concentration Level of at
least 20% and less than 35%, the | 17 | | grant for any school year
shall be $800
multiplied by the | 18 | | low income eligible pupil count. | 19 | | (b) For any school district with a Low Income | 20 | | Concentration Level of at
least 35% and less than 50%, the | 21 | | grant for the 1998-1999 school year shall be
$1,100 | 22 | | multiplied by the low income eligible pupil count. | 23 | | (c) For any school district with a Low Income | 24 | | Concentration Level of at
least 50% and less than 60%, the | 25 | | grant for the 1998-99 school year shall be
$1,500 | 26 | | multiplied by the low income eligible pupil count. |
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| 1 | | (d) For any school district with a Low Income | 2 | | Concentration Level of 60%
or more, the grant for the | 3 | | 1998-99 school year shall be $1,900 multiplied by
the low | 4 | | income eligible pupil count. | 5 | | (e) For the 1999-2000 school year, the per pupil amount | 6 | | specified in
subparagraphs (b), (c), and (d) immediately | 7 | | above shall be increased to $1,243,
$1,600, and $2,000, | 8 | | respectively. | 9 | | (f) For the 2000-2001 school year, the per pupil | 10 | | amounts specified in
subparagraphs (b), (c), and (d) | 11 | | immediately above shall be
$1,273, $1,640, and $2,050, | 12 | | respectively. | 13 | | (2.5) Supplemental general State aid pursuant to this | 14 | | subsection (H)
shall be provided as follows for the 2002-2003 | 15 | | school year: | 16 | | (a) For any school district with a Low Income | 17 | | Concentration Level of less
than 10%, the grant for each | 18 | | school year shall be $355 multiplied by the low
income | 19 | | eligible pupil count. | 20 | | (b) For any school district with a Low Income | 21 | | Concentration
Level of at least 10% and less than 20%, the | 22 | | grant for each school year shall
be $675
multiplied by the | 23 | | low income eligible pupil
count. | 24 | | (c) For any school district with a Low Income | 25 | | Concentration
Level of at least 20% and less than 35%, the | 26 | | grant for each school year shall
be $1,330
multiplied by |
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| 1 | | the low income eligible pupil
count. | 2 | | (d) For any school district with a Low Income | 3 | | Concentration
Level of at least 35% and less than 50%, the | 4 | | grant for each school year shall
be $1,362
multiplied by | 5 | | the low income eligible pupil
count. | 6 | | (e) For any school district with a Low Income | 7 | | Concentration
Level of at least 50% and less than 60%, the | 8 | | grant for each school year shall
be $1,680
multiplied by | 9 | | the low income eligible pupil
count. | 10 | | (f) For any school district with a Low Income | 11 | | Concentration
Level of 60% or more, the grant for each | 12 | | school year shall be $2,080
multiplied by the low income | 13 | | eligible pupil count. | 14 | | (2.10) Except as otherwise provided, supplemental general | 15 | | State aid
pursuant to this subsection
(H) shall be provided as | 16 | | follows for the 2003-2004 school year and each
school year | 17 | | thereafter: | 18 | | (a) For any school district with a Low Income | 19 | | Concentration
Level of 15% or less, the grant for each | 20 | | school year
shall be $355 multiplied by the low income | 21 | | eligible pupil count. | 22 | | (b) For any school district with a Low Income | 23 | | Concentration
Level greater than 15%, the grant for each | 24 | | school year shall be
$294.25 added to the product of $2,700 | 25 | | and the square of the Low
Income Concentration Level, all | 26 | | multiplied by the low income
eligible pupil count. |
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| 1 | | For the 2003-2004 school year and each school year | 2 | | thereafter through the 2008-2009 school year only, the grant | 3 | | shall be no less than the
grant
for
the 2002-2003 school year. | 4 | | For the 2009-2010 school year only, the grant shall
be no
less | 5 | | than the grant for the 2002-2003 school year multiplied by | 6 | | 0.66. For the 2010-2011
school year only, the grant shall be no | 7 | | less than the grant for the 2002-2003
school year
multiplied by | 8 | | 0.33. Notwithstanding the provisions of this paragraph to the | 9 | | contrary, if for any school year supplemental general State aid | 10 | | grants are prorated as provided in paragraph (1) of this | 11 | | subsection (H), then the grants under this paragraph shall be | 12 | | prorated.
| 13 | | For the 2003-2004 school year only, the grant shall be no | 14 | | greater
than the grant received during the 2002-2003 school | 15 | | year added to the
product of 0.25 multiplied by the difference | 16 | | between the grant amount
calculated under subsection (a) or (b) | 17 | | of this paragraph (2.10), whichever
is applicable, and the | 18 | | grant received during the 2002-2003 school year.
For the | 19 | | 2004-2005 school year only, the grant shall be no greater than
| 20 | | the grant received during the 2002-2003 school year added to | 21 | | the
product of 0.50 multiplied by the difference between the | 22 | | grant amount
calculated under subsection (a) or (b) of this | 23 | | paragraph (2.10), whichever
is applicable, and the grant | 24 | | received during the 2002-2003 school year.
For the 2005-2006 | 25 | | school year only, the grant shall be no greater than
the grant | 26 | | received during the 2002-2003 school year added to the
product |
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| 1 | | of 0.75 multiplied by the difference between the grant amount
| 2 | | calculated under subsection (a) or (b) of this paragraph | 3 | | (2.10), whichever
is applicable, and the grant received during | 4 | | the 2002-2003
school year. | 5 | | (3) School districts with an Average Daily Attendance of | 6 | | more than 1,000
and less than 50,000 that qualify for | 7 | | supplemental general State aid pursuant
to this subsection | 8 | | shall submit a plan to the State Board of Education prior to
| 9 | | October 30 of each year for the use of the funds resulting from | 10 | | this grant of
supplemental general State aid for the | 11 | | improvement of
instruction in which priority is given to | 12 | | meeting the education needs of
disadvantaged children. Such | 13 | | plan shall be submitted in accordance with
rules and | 14 | | regulations promulgated by the State Board of Education. | 15 | | (4) School districts with an Average Daily Attendance of | 16 | | 50,000 or more
that qualify for supplemental general State aid | 17 | | pursuant to this subsection
shall be required to distribute | 18 | | from funds available pursuant to this Section,
no less than | 19 | | $261,000,000 in accordance with the following requirements: | 20 | | (a) The required amounts shall be distributed to the | 21 | | attendance centers
within the district in proportion to the | 22 | | number of pupils enrolled at each
attendance center who are | 23 | | eligible to receive free or reduced-price lunches or
| 24 | | breakfasts under the federal Child Nutrition Act of 1966 | 25 | | and under the National
School Lunch Act during the | 26 | | immediately preceding school year. |
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| 1 | | (b) The distribution of these portions of supplemental | 2 | | and general State
aid among attendance centers according to | 3 | | these requirements shall not be
compensated for or | 4 | | contravened by adjustments of the total of other funds
| 5 | | appropriated to any attendance centers, and the Board of | 6 | | Education shall
utilize funding from one or several sources | 7 | | in order to fully implement this
provision annually prior | 8 | | to the opening of school. | 9 | | (c) Each attendance center shall be provided by the
| 10 | | school district a distribution of noncategorical funds and | 11 | | other
categorical funds to which an attendance center is | 12 | | entitled under law in
order that the general State aid and | 13 | | supplemental general State aid provided
by application of | 14 | | this subsection supplements rather than supplants the
| 15 | | noncategorical funds and other categorical funds provided | 16 | | by the school
district to the attendance centers. | 17 | | (d) Any funds made available under this subsection that | 18 | | by reason of the
provisions of this subsection are not
| 19 | | required to be allocated and provided to attendance centers | 20 | | may be used and
appropriated by the board of the district | 21 | | for any lawful school purpose. | 22 | | (e) Funds received by an attendance center
pursuant to | 23 | | this
subsection shall be used
by the attendance center at | 24 | | the discretion
of the principal and local school council | 25 | | for programs to improve educational
opportunities at | 26 | | qualifying schools through the following programs and
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| 1 | | services: early childhood education, reduced class size or | 2 | | improved adult to
student classroom ratio, enrichment | 3 | | programs, remedial assistance, attendance
improvement, and | 4 | | other educationally beneficial expenditures which
| 5 | | supplement
the regular and basic programs as determined by | 6 | | the State Board of Education.
Funds provided shall not be | 7 | | expended for any political or lobbying purposes
as defined | 8 | | by board rule. | 9 | | (f) Each district subject to the provisions of this | 10 | | subdivision (H)(4)
shall submit an
acceptable plan to meet | 11 | | the educational needs of disadvantaged children, in
| 12 | | compliance with the requirements of this paragraph, to the | 13 | | State Board of
Education prior to July 15 of each year. | 14 | | This plan shall be consistent with the
decisions of local | 15 | | school councils concerning the school expenditure plans
| 16 | | developed in accordance with part 4 of Section 34-2.3. The | 17 | | State Board shall
approve or reject the plan within 60 days | 18 | | after its submission. If the plan is
rejected, the district | 19 | | shall give written notice of intent to modify the plan
| 20 | | within 15 days of the notification of rejection and then | 21 | | submit a modified plan
within 30 days after the date of the | 22 | | written notice of intent to modify.
Districts may amend | 23 | | approved plans pursuant to rules promulgated by the State
| 24 | | Board of Education. | 25 | | Upon notification by the State Board of Education that | 26 | | the district has
not submitted a plan prior to July 15 or a |
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| 1 | | modified plan within the time
period specified herein, the
| 2 | | State aid funds affected by that plan or modified plan | 3 | | shall be withheld by the
State Board of Education until a | 4 | | plan or modified plan is submitted. | 5 | | If the district fails to distribute State aid to | 6 | | attendance centers in
accordance with an approved plan, the | 7 | | plan for the following year shall
allocate funds, in | 8 | | addition to the funds otherwise required by this
| 9 | | subsection, to those attendance centers which were | 10 | | underfunded during the
previous year in amounts equal to | 11 | | such underfunding. | 12 | | For purposes of determining compliance with this | 13 | | subsection in relation
to the requirements of attendance | 14 | | center funding, each district subject to the
provisions of | 15 | | this
subsection shall submit as a separate document by | 16 | | December 1 of each year a
report of expenditure data for | 17 | | the prior year in addition to any
modification of its | 18 | | current plan. If it is determined that there has been
a | 19 | | failure to comply with the expenditure provisions of this | 20 | | subsection
regarding contravention or supplanting, the | 21 | | State Superintendent of
Education shall, within 60 days of | 22 | | receipt of the report, notify the
district and any affected | 23 | | local school council. The district shall within
45 days of | 24 | | receipt of that notification inform the State | 25 | | Superintendent of
Education of the remedial or corrective | 26 | | action to be taken, whether by
amendment of the current |
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| 1 | | plan, if feasible, or by adjustment in the plan
for the | 2 | | following year. Failure to provide the expenditure report | 3 | | or the
notification of remedial or corrective action in a | 4 | | timely manner shall
result in a withholding of the affected | 5 | | funds. | 6 | | The State Board of Education shall promulgate rules and | 7 | | regulations
to implement the provisions of this | 8 | | subsection. No funds shall be released
under this | 9 | | subdivision (H)(4) to any district that has not submitted a | 10 | | plan
that has been approved by the State Board of | 11 | | Education.
| 12 | | (I) (Blank).
| 13 | | (J) (Blank).
| 14 | | (K) Grants to Laboratory and Alternative Schools. | 15 | | In calculating the amount to be paid to the governing board | 16 | | of a public
university that operates a laboratory school under | 17 | | this Section or to any
alternative school that is operated by a | 18 | | regional superintendent of schools,
the State
Board of | 19 | | Education shall require by rule such reporting requirements as | 20 | | it
deems necessary. | 21 | | As used in this Section, "laboratory school" means a public | 22 | | school which is
created and operated by a public university and | 23 | | approved by the State Board of
Education. The governing board |
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| 1 | | of a public university which receives funds
from the State | 2 | | Board under this subsection (K) may not increase the number of
| 3 | | students enrolled in its laboratory
school from a single | 4 | | district, if that district is already sending 50 or more
| 5 | | students, except under a mutual agreement between the school | 6 | | board of a
student's district of residence and the university | 7 | | which operates the
laboratory school. A laboratory school may | 8 | | not have more than 1,000 students,
excluding students with | 9 | | disabilities in a special education program. | 10 | | As used in this Section, "alternative school" means a | 11 | | public school which is
created and operated by a Regional | 12 | | Superintendent of Schools and approved by
the State Board of | 13 | | Education. Such alternative schools may offer courses of
| 14 | | instruction for which credit is given in regular school | 15 | | programs, courses to
prepare students for the high school | 16 | | equivalency testing program or vocational
and occupational | 17 | | training. A regional superintendent of schools may contract
| 18 | | with a school district or a public community college district | 19 | | to operate an
alternative school. An alternative school serving | 20 | | more than one educational
service region may be established by | 21 | | the regional superintendents of schools
of the affected | 22 | | educational service regions. An alternative school
serving | 23 | | more than one educational service region may be operated under | 24 | | such
terms as the regional superintendents of schools of those | 25 | | educational service
regions may agree. | 26 | | Each laboratory and alternative school shall file, on forms |
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| 1 | | provided by the
State Superintendent of Education, an annual | 2 | | State aid claim which states the
Average Daily Attendance of | 3 | | the school's students by month. The best 3 months'
Average | 4 | | Daily Attendance shall be computed for each school.
The general | 5 | | State aid entitlement shall be computed by multiplying the
| 6 | | applicable Average Daily Attendance by the Foundation Level as | 7 | | determined under
this Section.
| 8 | | (L) Payments, Additional Grants in Aid and Other Requirements. | 9 | | (1) For a school district operating under the financial | 10 | | supervision
of an Authority created under Article 34A, the | 11 | | general State aid otherwise
payable to that district under this | 12 | | Section, but not the supplemental general
State aid, shall be | 13 | | reduced by an amount equal to the budget for
the operations of | 14 | | the Authority as certified by the Authority to the State
Board | 15 | | of Education, and an amount equal to such reduction shall be | 16 | | paid
to the Authority created for such district for its | 17 | | operating expenses in
the manner provided in Section 18-11. The | 18 | | remainder
of general State school aid for any such district | 19 | | shall be paid in accordance
with Article 34A when that Article | 20 | | provides for a disposition other than that
provided by this | 21 | | Article. | 22 | | (2) (Blank). | 23 | | (3) Summer school. Summer school payments shall be made as | 24 | | provided in
Section 18-4.3.
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| 1 | | (M) Education Funding Advisory Board. | 2 | | The Education Funding Advisory
Board, hereinafter in this | 3 | | subsection (M) referred to as the "Board", is hereby
created. | 4 | | The Board
shall consist of 5 members who are appointed by the | 5 | | Governor, by and with the
advice and consent of the Senate. The | 6 | | members appointed shall include
representatives of education, | 7 | | business, and the general public. One of the
members so | 8 | | appointed shall be
designated by the Governor at the time the | 9 | | appointment is made as the
chairperson of the
Board.
The | 10 | | initial members of the Board may
be appointed any time after | 11 | | the effective date of this amendatory Act of
1997. The regular | 12 | | term of each member of the
Board shall be for 4 years from the | 13 | | third Monday of January of the
year in which the term of the | 14 | | member's appointment is to commence, except that
of the 5 | 15 | | initial members appointed to serve on the
Board, the member who | 16 | | is appointed as the chairperson shall serve for
a term that | 17 | | commences on the date of his or her appointment and expires on | 18 | | the
third Monday of January, 2002, and the remaining 4 members, | 19 | | by lots drawn at
the first meeting of the Board that is
held
| 20 | | after all 5 members are appointed, shall determine 2 of their | 21 | | number to serve
for terms that commence on the date of their
| 22 | | respective appointments and expire on the third
Monday of | 23 | | January, 2001,
and 2 of their number to serve for terms that | 24 | | commence
on the date of their respective appointments and | 25 | | expire on the third Monday
of January, 2000. All members | 26 | | appointed to serve on the
Board shall serve until their |
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| 1 | | respective successors are
appointed and confirmed. Vacancies | 2 | | shall be filled in the same manner as
original appointments. If | 3 | | a vacancy in membership occurs at a time when the
Senate is not | 4 | | in session, the Governor shall make a temporary appointment | 5 | | until
the next meeting of the Senate, when he or she shall | 6 | | appoint, by and with the
advice and consent of the Senate, a | 7 | | person to fill that membership for the
unexpired term. If the | 8 | | Senate is not in session when the initial appointments
are | 9 | | made, those appointments shall
be made as in the case of | 10 | | vacancies. | 11 | | The Education Funding Advisory Board shall be deemed | 12 | | established,
and the initial
members appointed by the Governor | 13 | | to serve as members of the
Board shall take office,
on the date | 14 | | that the
Governor makes his or her appointment of the fifth | 15 | | initial member of the
Board, whether those initial members are | 16 | | then serving
pursuant to appointment and confirmation or | 17 | | pursuant to temporary appointments
that are made by the | 18 | | Governor as in the case of vacancies. | 19 | | The State Board of Education shall provide such staff | 20 | | assistance to the
Education Funding Advisory Board as is | 21 | | reasonably required for the proper
performance by the Board of | 22 | | its responsibilities. | 23 | | For school years after the 2000-2001 school year, the | 24 | | Education
Funding Advisory Board, in consultation with the | 25 | | State Board of Education,
shall make recommendations as | 26 | | provided in this subsection (M) to the General
Assembly for the |
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| 1 | | foundation level under subdivision (B)(3) of this Section and
| 2 | | for the
supplemental general State aid grant level under | 3 | | subsection (H) of this Section
for districts with high | 4 | | concentrations of children from poverty. The
recommended | 5 | | foundation level shall be determined based on a methodology | 6 | | which
incorporates the basic education expenditures of | 7 | | low-spending schools
exhibiting high academic performance. The | 8 | | Education Funding Advisory Board
shall make such | 9 | | recommendations to the General Assembly on January 1 of odd
| 10 | | numbered years, beginning January 1, 2001.
| 11 | | (N) (Blank).
| 12 | | (O) References. | 13 | | (1) References in other laws to the various subdivisions of
| 14 | | Section 18-8 as that Section existed before its repeal and | 15 | | replacement by this
Section 18-8.05 shall be deemed to refer to | 16 | | the corresponding provisions of
this Section 18-8.05, to the | 17 | | extent that those references remain applicable. | 18 | | (2) References in other laws to State Chapter 1 funds shall | 19 | | be deemed to
refer to the supplemental general State aid | 20 | | provided under subsection (H) of
this Section. | 21 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | 22 | | changes to this Section. Under Section 6 of the Statute on | 23 | | Statutes there is an irreconcilable conflict between Public Act |
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| 1 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last | 2 | | acted upon, is controlling. The text of Public Act 93-838 is | 3 | | the law regardless of the text of Public Act 93-808. | 4 | | (Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, | 5 | | eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; | 6 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. | 7 | | 11-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-813, | 8 | | eff. 7-13-12.) | 9 | | (Text of Section after amendment by P.A. 97-742 ) | 10 | | Sec. 18-8.05. Basis for apportionment of general State | 11 | | financial aid and
supplemental general State aid to the common | 12 | | schools for the 1998-1999 and
subsequent school years.
| 13 | | (A) General Provisions. | 14 | | (1) The provisions of this Section apply to the 1998-1999 | 15 | | and subsequent
school years. The system of general State | 16 | | financial aid provided for in this
Section
is designed to | 17 | | assure that, through a combination of State financial aid and
| 18 | | required local resources, the financial support provided each | 19 | | pupil in Average
Daily Attendance equals or exceeds a
| 20 | | prescribed per pupil Foundation Level. This formula approach | 21 | | imputes a level
of per pupil Available Local Resources and | 22 | | provides for the basis to calculate
a per pupil level of | 23 | | general State financial aid that, when added to Available
Local | 24 | | Resources, equals or exceeds the Foundation Level. The
amount |
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| 1 | | of per pupil general State financial aid for school districts, | 2 | | in
general, varies in inverse
relation to Available Local | 3 | | Resources. Per pupil amounts are based upon
each school | 4 | | district's Average Daily Attendance as that term is defined in | 5 | | this
Section. | 6 | | (2) In addition to general State financial aid, school | 7 | | districts with
specified levels or concentrations of pupils | 8 | | from low income households are
eligible to receive supplemental | 9 | | general State financial aid grants as provided
pursuant to | 10 | | subsection (H).
The supplemental State aid grants provided for | 11 | | school districts under
subsection (H) shall be appropriated for | 12 | | distribution to school districts as
part of the same line item | 13 | | in which the general State financial aid of school
districts is | 14 | | appropriated under this Section. | 15 | | (3) To receive financial assistance under this Section, | 16 | | school districts
are required to file claims with the State | 17 | | Board of Education, subject to the
following requirements: | 18 | | (a) Any school district which fails for any given | 19 | | school year to maintain
school as required by law, or to | 20 | | maintain a recognized school is not
eligible to file for | 21 | | such school year any claim upon the Common School
Fund. In | 22 | | case of nonrecognition of one or more attendance centers in | 23 | | a
school district otherwise operating recognized schools, | 24 | | the claim of the
district shall be reduced in the | 25 | | proportion which the Average Daily
Attendance in the | 26 | | attendance center or centers bear to the Average Daily
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| 1 | | Attendance in the school district. A "recognized school" | 2 | | means any
public school which meets the standards as | 3 | | established for recognition
by the State Board of | 4 | | Education. A school district or attendance center
not | 5 | | having recognition status at the end of a school term is | 6 | | entitled to
receive State aid payments due upon a legal | 7 | | claim which was filed while
it was recognized. | 8 | | (b) School district claims filed under this Section are | 9 | | subject to
Sections 18-9 and 18-12, except as otherwise | 10 | | provided in this
Section. | 11 | | (c) If a school district operates a full year school | 12 | | under Section
10-19.1, the general State aid to the school | 13 | | district shall be determined
by the State Board of | 14 | | Education in accordance with this Section as near as
may be | 15 | | applicable. | 16 | | (d) (Blank). | 17 | | (4) Except as provided in subsections (H) and (L), the | 18 | | board of any district
receiving any of the grants provided for | 19 | | in this Section may apply those funds
to any fund so received | 20 | | for which that board is authorized to make expenditures
by law. | 21 | | School districts are not required to exert a minimum | 22 | | Operating Tax Rate in
order to qualify for assistance under | 23 | | this Section. | 24 | | (5) As used in this Section the following terms, when | 25 | | capitalized, shall
have the meaning ascribed herein: | 26 | | (a) "Average Daily Attendance": A count of pupil |
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| 1 | | attendance in school,
averaged as provided for in | 2 | | subsection (C) and utilized in deriving per pupil
financial | 3 | | support levels. | 4 | | (b) "Available Local Resources": A computation of | 5 | | local financial
support, calculated on the basis of Average | 6 | | Daily Attendance and derived as
provided pursuant to | 7 | | subsection (D). | 8 | | (c) "Corporate Personal Property Replacement Taxes": | 9 | | Funds paid to local
school districts pursuant to "An Act in | 10 | | relation to the abolition of ad valorem
personal property | 11 | | tax and the replacement of revenues lost thereby, and
| 12 | | amending and repealing certain Acts and parts of Acts in | 13 | | connection therewith",
certified August 14, 1979, as | 14 | | amended (Public Act 81-1st S.S.-1). | 15 | | (d) "Foundation Level": A prescribed level of per pupil | 16 | | financial support
as provided for in subsection (B). | 17 | | (e) "Operating Tax Rate": All school district property | 18 | | taxes extended for
all purposes, except Bond and
Interest, | 19 | | Summer School, Rent, Capital Improvement, and Vocational | 20 | | Education
Building purposes.
| 21 | | (B) Foundation Level. | 22 | | (1) The Foundation Level is a figure established by the | 23 | | State representing
the minimum level of per pupil financial | 24 | | support that should be available to
provide for the basic | 25 | | education of each pupil in
Average Daily Attendance. As set |
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| 1 | | forth in this Section, each school district
is assumed to exert
| 2 | | a sufficient local taxing effort such that, in combination with | 3 | | the aggregate
of general State
financial aid provided the | 4 | | district, an aggregate of State and local resources
are | 5 | | available to meet
the basic education needs of pupils in the | 6 | | district. | 7 | | (2) For the 1998-1999 school year, the Foundation Level of | 8 | | support is
$4,225. For the 1999-2000 school year, the | 9 | | Foundation Level of support is
$4,325. For the 2000-2001 school | 10 | | year, the Foundation Level of support is
$4,425. For the | 11 | | 2001-2002 school year and 2002-2003 school year, the
Foundation | 12 | | Level of support is $4,560. For the 2003-2004 school year, the | 13 | | Foundation Level of support is $4,810. For the 2004-2005 school | 14 | | year, the Foundation Level of support is $4,964.
For the | 15 | | 2005-2006 school year,
the Foundation Level of support is | 16 | | $5,164. For the 2006-2007 school year, the Foundation Level of | 17 | | support is $5,334. For the 2007-2008 school year, the | 18 | | Foundation Level of support is $5,734. For the 2008-2009 school | 19 | | year, the Foundation Level of support is $5,959. | 20 | | (3) For the 2009-2010 school year and each school year | 21 | | thereafter,
the Foundation Level of support is $6,119 or such | 22 | | greater amount as
may be established by law by the General | 23 | | Assembly. The Foundation Level of support must not be lower | 24 | | than $6,119 in any school year.
| 25 | | (C) Average Daily Attendance. |
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| 1 | | (1) For purposes of calculating general State aid pursuant | 2 | | to subsection
(E), an Average Daily Attendance figure shall be | 3 | | utilized. The Average Daily
Attendance figure for formula
| 4 | | calculation purposes shall be the monthly average of the actual | 5 | | number of
pupils in attendance of
each school district, as | 6 | | further averaged for the best 3 months of pupil
attendance for | 7 | | each
school district. In compiling the figures for the number | 8 | | of pupils in
attendance, school districts
and the State Board | 9 | | of Education shall, for purposes of general State aid
funding, | 10 | | conform
attendance figures to the requirements of subsection | 11 | | (F). | 12 | | (2) The Average Daily Attendance figures utilized in | 13 | | subsection (E) shall be
the requisite attendance data for the | 14 | | school year immediately preceding
the
school year for which | 15 | | general State aid is being calculated
or the average of the | 16 | | attendance data for the 3 preceding school
years, whichever is | 17 | | greater. The Average Daily Attendance figures
utilized in | 18 | | subsection (H) shall be the requisite attendance data for the
| 19 | | school year immediately preceding the school year for which | 20 | | general
State aid is being calculated.
| 21 | | (D) Available Local Resources. | 22 | | (1) For purposes of calculating general State aid pursuant | 23 | | to subsection
(E), a representation of Available Local | 24 | | Resources per pupil, as that term is
defined and determined in | 25 | | this subsection, shall be utilized. Available Local
Resources |
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| 1 | | per pupil shall include a calculated
dollar amount representing | 2 | | local school district revenues from local property
taxes and | 3 | | from
Corporate Personal Property Replacement Taxes, expressed | 4 | | on the basis of pupils
in Average
Daily Attendance. Calculation | 5 | | of Available Local Resources shall exclude any tax amnesty | 6 | | funds received as a result of Public Act 93-26. | 7 | | (2) In determining a school district's revenue from local | 8 | | property taxes,
the State Board of Education shall utilize the | 9 | | equalized assessed valuation of
all taxable property of each | 10 | | school
district as of September 30 of the previous year. The | 11 | | equalized assessed
valuation utilized shall
be obtained and | 12 | | determined as provided in subsection (G). | 13 | | (3) For school districts maintaining grades kindergarten | 14 | | through 12, local
property tax
revenues per pupil shall be | 15 | | calculated as the product of the applicable
equalized assessed
| 16 | | valuation for the district multiplied by 3.00%, and divided by | 17 | | the district's
Average Daily
Attendance figure. For school | 18 | | districts maintaining grades kindergarten
through 8, local
| 19 | | property tax revenues per pupil shall be calculated as the | 20 | | product of the
applicable equalized
assessed valuation for the | 21 | | district multiplied by 2.30%, and divided by the
district's | 22 | | Average
Daily Attendance figure. For school districts | 23 | | maintaining grades 9 through 12,
local property
tax revenues | 24 | | per pupil shall be the applicable equalized assessed valuation | 25 | | of
the district
multiplied by 1.05%, and divided by the | 26 | | district's Average Daily
Attendance
figure. |
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| 1 | | For partial elementary unit districts created pursuant to | 2 | | Article 11E of this Code, local property tax revenues per pupil | 3 | | shall be calculated as the product of the equalized assessed | 4 | | valuation for property within the partial elementary unit | 5 | | district for elementary purposes, as defined in Article 11E of | 6 | | this Code, multiplied by 2.06% and divided by the district's | 7 | | Average Daily Attendance figure, plus the product of the | 8 | | equalized assessed valuation for property within the partial | 9 | | elementary unit district for high school purposes, as defined | 10 | | in Article 11E of this Code, multiplied by 0.94% and divided by | 11 | | the district's Average Daily Attendance figure.
| 12 | | (4) The Corporate Personal Property Replacement Taxes paid | 13 | | to each school
district during the calendar year one year | 14 | | before the calendar year in which a
school year begins, divided | 15 | | by the Average Daily Attendance figure for that
district, shall | 16 | | be added to the local property tax revenues per pupil as
| 17 | | derived by the application of the immediately preceding | 18 | | paragraph (3). The sum
of these per pupil figures for each | 19 | | school district shall constitute Available
Local Resources as | 20 | | that term is utilized in subsection (E) in the calculation
of | 21 | | general State aid.
| 22 | | (E) Computation of General State Aid. | 23 | | (1) For each school year, the amount of general State aid | 24 | | allotted to a
school district shall be computed by the State | 25 | | Board of Education as provided
in this subsection. |
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| 1 | | (2) For any school district for which Available Local | 2 | | Resources per pupil
is less than the product of 0.93 times the | 3 | | Foundation Level, general State aid
for that district shall be | 4 | | calculated as an amount equal to the Foundation
Level minus | 5 | | Available Local Resources, multiplied by the Average Daily
| 6 | | Attendance of the school district. | 7 | | (3) For any school district for which Available Local | 8 | | Resources per pupil
is equal to or greater than the product of | 9 | | 0.93 times the Foundation Level and
less than the product of | 10 | | 1.75 times the Foundation Level, the general State aid
per | 11 | | pupil shall be a decimal proportion of the Foundation Level | 12 | | derived using a
linear algorithm. Under this linear algorithm, | 13 | | the calculated general State
aid per pupil shall decline in | 14 | | direct linear fashion from 0.07 times the
Foundation Level for | 15 | | a school district with Available Local Resources equal to
the | 16 | | product of 0.93 times the Foundation Level, to 0.05 times the | 17 | | Foundation
Level for a school district with Available Local | 18 | | Resources equal to the product
of 1.75 times the Foundation | 19 | | Level. The allocation of general
State aid for school districts | 20 | | subject to this paragraph 3 shall be the
calculated general | 21 | | State aid
per pupil figure multiplied by the Average Daily | 22 | | Attendance of the school
district. | 23 | | (4) For any school district for which Available Local | 24 | | Resources per pupil
equals or exceeds the product of 1.75 times | 25 | | the Foundation Level, the general
State aid for the school | 26 | | district shall be calculated as the product of $218
multiplied |
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| 1 | | by the Average Daily Attendance of the school
district. | 2 | | (5) The amount of general State aid allocated to a school | 3 | | district for
the 1999-2000 school year meeting the requirements | 4 | | set forth in paragraph (4)
of subsection
(G) shall be increased | 5 | | by an amount equal to the general State aid that
would have | 6 | | been received by the district for the 1998-1999 school year by
| 7 | | utilizing the Extension Limitation Equalized Assessed | 8 | | Valuation as calculated
in paragraph (4) of subsection (G) less | 9 | | the general State aid allotted for the
1998-1999
school year. | 10 | | This amount shall be deemed a one time increase, and shall not
| 11 | | affect any future general State aid allocations.
| 12 | | (F) Compilation of Average Daily Attendance. | 13 | | (1) Each school district shall, by July 1 of each year, | 14 | | submit to the State
Board of Education, on forms prescribed by | 15 | | the State Board of Education,
attendance figures for the school | 16 | | year that began in the preceding calendar
year. The attendance | 17 | | information so transmitted shall identify the average
daily | 18 | | attendance figures for each month of the school year. Beginning | 19 | | with
the general State aid claim form for the 2002-2003 school
| 20 | | year, districts shall calculate Average Daily Attendance as | 21 | | provided in
subdivisions (a), (b), and (c) of this paragraph | 22 | | (1). | 23 | | (a) In districts that do not hold year-round classes,
| 24 | | days of attendance in August shall be added to the month of | 25 | | September and any
days of attendance in June shall be added |
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| 1 | | to the month of May. | 2 | | (b) In districts in which all buildings hold year-round | 3 | | classes,
days of attendance in July and August shall be | 4 | | added to the month
of September and any days of attendance | 5 | | in June shall be added to
the month of May. | 6 | | (c) In districts in which some buildings, but not all, | 7 | | hold
year-round classes, for the non-year-round buildings, | 8 | | days of
attendance in August shall be added to the month of | 9 | | September
and any days of attendance in June shall be added | 10 | | to the month of
May. The average daily attendance for the | 11 | | year-round buildings
shall be computed as provided in | 12 | | subdivision (b) of this paragraph
(1). To calculate the | 13 | | Average Daily Attendance for the district, the
average | 14 | | daily attendance for the year-round buildings shall be
| 15 | | multiplied by the days in session for the non-year-round | 16 | | buildings
for each month and added to the monthly | 17 | | attendance of the
non-year-round buildings. | 18 | | Except as otherwise provided in this Section, days of
| 19 | | attendance by pupils shall be counted only for sessions of not | 20 | | less than
5 clock hours of school work per day under direct | 21 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or | 22 | | volunteer personnel when engaging
in non-teaching duties and | 23 | | supervising in those instances specified in
subsection (a) of | 24 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | 25 | | of legal school age and in kindergarten and grades 1 through | 26 | | 12. |
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| 1 | | Days of attendance by tuition pupils shall be accredited | 2 | | only to the
districts that pay the tuition to a recognized | 3 | | school. | 4 | | (2) Days of attendance by pupils of less than 5 clock hours | 5 | | of school
shall be subject to the following provisions in the | 6 | | compilation of Average
Daily Attendance. | 7 | | (a) Pupils regularly enrolled in a public school for | 8 | | only a part of
the school day may be counted on the basis | 9 | | of 1/6 day for every class hour
of instruction of 40 | 10 | | minutes or more attended pursuant to such enrollment,
| 11 | | unless a pupil is
enrolled in a block-schedule format of 80 | 12 | | minutes or more of instruction,
in which case the pupil may | 13 | | be counted on the basis of the proportion of
minutes of | 14 | | school work completed each day to the minimum number of
| 15 | | minutes that school work is required to be held that day. | 16 | | (b) (Blank). | 17 | | (c) A session of 4 or more clock hours may be counted | 18 | | as a day of
attendance upon certification by the regional | 19 | | superintendent, and
approved by the State Superintendent | 20 | | of Education to the extent that the
district has been | 21 | | forced to use daily multiple sessions. | 22 | | (d) A session of 3 or more clock hours may be counted | 23 | | as a day of
attendance (1) when the remainder of the school | 24 | | day or at least
2 hours in the evening of that day is | 25 | | utilized for an
in-service training program for teachers, | 26 | | up to a maximum of 5 days per
school year, provided a |
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| 1 | | district conducts an in-service
training program for | 2 | | teachers in accordance with Section 10-22.39 of this Code; | 3 | | or, in lieu of 4 such days, 2 full days may
be used, in | 4 | | which event each such day
may be counted as a day required | 5 | | for a legal school calendar pursuant to Section 10-19 of | 6 | | this Code; (1.5) when, of the 5 days allowed under item | 7 | | (1), a maximum of 4 days are used for parent-teacher | 8 | | conferences, or, in lieu of 4 such days, 2 full days are | 9 | | used, in which case each such day may be counted as a | 10 | | calendar day required under Section 10-19 of this Code, | 11 | | provided that the full-day, parent-teacher conference | 12 | | consists of (i) a minimum of 5 clock hours of | 13 | | parent-teacher conferences, (ii) both a minimum of 2 clock | 14 | | hours of parent-teacher conferences held in the evening | 15 | | following a full day of student attendance, as specified in | 16 | | subsection (F)(1)(c), and a minimum of 3 clock hours of | 17 | | parent-teacher conferences held on the day immediately | 18 | | following evening parent-teacher conferences, or (iii) | 19 | | multiple parent-teacher conferences held in the evenings | 20 | | following full days of student attendance, as specified in | 21 | | subsection (F)(1)(c), in which the time used for the | 22 | | parent-teacher conferences is equivalent to a minimum of 5 | 23 | | clock hours; and (2) when days in
addition to
those | 24 | | provided in items (1) and (1.5) are scheduled by a school | 25 | | pursuant to its school
improvement plan adopted under | 26 | | Article 34 or its revised or amended school
improvement |
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| 1 | | plan adopted under Article 2, provided that (i) such | 2 | | sessions of
3 or more clock hours are scheduled to occur at | 3 | | regular intervals, (ii) the
remainder of the school days in | 4 | | which such sessions occur are utilized
for in-service | 5 | | training programs or other staff development activities | 6 | | for
teachers, and (iii) a sufficient number of minutes of | 7 | | school work under the
direct supervision of teachers are | 8 | | added to the school days between such
regularly scheduled | 9 | | sessions to accumulate not less than the number of minutes
| 10 | | by which such sessions of 3 or more clock hours fall short | 11 | | of 5 clock hours.
Any full days used for the purposes of | 12 | | this paragraph shall not be considered
for
computing | 13 | | average daily attendance. Days scheduled for in-service | 14 | | training
programs, staff development activities, or | 15 | | parent-teacher conferences may be
scheduled separately for | 16 | | different
grade levels and different attendance centers of | 17 | | the district. | 18 | | (e) A session of not less than one clock hour of | 19 | | teaching
hospitalized or homebound pupils on-site or by | 20 | | telephone to the classroom may
be counted as 1/2 day of | 21 | | attendance, however these pupils must receive 4 or
more | 22 | | clock hours of instruction to be counted for a full day of | 23 | | attendance. | 24 | | (f) A session of at least 4 clock hours may be counted | 25 | | as a day of
attendance for first grade pupils, and pupils | 26 | | in full day kindergartens,
and a session of 2 or more hours |
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| 1 | | may be counted as 1/2 day of attendance by
pupils in | 2 | | kindergartens which provide only 1/2 day of attendance. | 3 | | (g) For children with disabilities who are below the | 4 | | age of 6 years and
who
cannot attend 2 or more clock hours | 5 | | because of their disability or
immaturity, a session of not | 6 | | less than one clock hour may be counted as 1/2 day
of | 7 | | attendance; however for such children whose educational | 8 | | needs so require
a session of 4 or more clock hours may be | 9 | | counted as a full day of attendance. | 10 | | (h) A recognized kindergarten which provides for only | 11 | | 1/2 day of
attendance by each pupil shall not have more | 12 | | than 1/2 day of attendance
counted in any one day. However, | 13 | | kindergartens may count 2 1/2 days
of
attendance in any 5 | 14 | | consecutive school days. When a pupil attends such a
| 15 | | kindergarten for 2 half days on any one school day, the | 16 | | pupil shall have
the following day as a day absent from | 17 | | school, unless the school district
obtains permission in | 18 | | writing from the State Superintendent of Education.
| 19 | | Attendance at kindergartens which provide for a full day of | 20 | | attendance by
each pupil shall be counted the same as | 21 | | attendance by first grade pupils.
Only the first year of | 22 | | attendance in one kindergarten shall be counted,
except in | 23 | | case of children who entered the kindergarten in their | 24 | | fifth year
whose educational development requires a second | 25 | | year of kindergarten as
determined under the rules and | 26 | | regulations of the State Board of Education. |
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| 1 | | (i) On the days when the Prairie State Achievement | 2 | | Examination is
administered under subsection (c) of | 3 | | Section 2-3.64 of this Code, the day
of attendance for a | 4 | | pupil whose school
day must be shortened to accommodate | 5 | | required testing procedures may
be less than 5 clock hours | 6 | | and shall be counted towards the 176 days of actual pupil | 7 | | attendance required under Section 10-19 of this Code, | 8 | | provided that a sufficient number of minutes
of school work | 9 | | in excess of 5 clock hours are first completed on other | 10 | | school
days to compensate for the loss of school work on | 11 | | the examination days. | 12 | | (j) Pupils enrolled in a remote educational program | 13 | | established under Section 10-29 of this Code may be counted | 14 | | on the basis of one-fifth day of attendance for every clock | 15 | | hour of instruction attended in the remote educational | 16 | | program, provided that, in any month, the school district | 17 | | may not claim for a student enrolled in a remote | 18 | | educational program more days of attendance than the | 19 | | maximum number of days of attendance the district can claim | 20 | | (i) for students enrolled in a building holding year-round | 21 | | classes if the student is classified as participating in | 22 | | the remote educational program on a year-round schedule or | 23 | | (ii) for students enrolled in a building not holding | 24 | | year-round classes if the student is not classified as | 25 | | participating in the remote educational program on a | 26 | | year-round schedule.
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| 1 | | (G) Equalized Assessed Valuation Data. | 2 | | (1) For purposes of the calculation of Available Local | 3 | | Resources required
pursuant to subsection (D), the
State Board | 4 | | of Education shall secure from the Department of
Revenue the | 5 | | value as equalized or assessed by the Department of Revenue of
| 6 | | all taxable property of every school district, together with | 7 | | (i) the applicable
tax rate used in extending taxes for the | 8 | | funds of the district as of
September 30 of the previous year
| 9 | | and (ii) the limiting rate for all school
districts subject to | 10 | | property tax extension limitations as imposed under the
| 11 | | Property Tax Extension Limitation Law.
| 12 | | The Department of Revenue shall add to the equalized | 13 | | assessed value of all
taxable
property of each school district | 14 | | situated entirely or partially within a county
that is or was | 15 | | subject to the
provisions of Section 15-176 or 15-177 of the | 16 | | Property Tax Code (a)
an amount equal to the total amount by | 17 | | which the
homestead exemption allowed under Section 15-176 or | 18 | | 15-177 of the Property Tax Code for
real
property situated in | 19 | | that school district exceeds the total amount that would
have | 20 | | been
allowed in that school district if the maximum reduction | 21 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | 22 | | all other counties in tax year 2003 or (ii) $5,000 in all | 23 | | counties in tax year 2004 and thereafter and (b) an amount | 24 | | equal to the aggregate amount for the taxable year of all | 25 | | additional exemptions under Section 15-175 of the Property Tax |
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| 1 | | Code for owners with a household income of $30,000 or less. The | 2 | | county clerk of any county that is or was subject to the | 3 | | provisions of Section 15-176 or 15-177 of the Property Tax Code | 4 | | shall
annually calculate and certify to the Department of | 5 | | Revenue for each school
district all
homestead exemption | 6 | | amounts under Section 15-176 or 15-177 of the Property Tax Code | 7 | | and all amounts of additional exemptions under Section 15-175 | 8 | | of the Property Tax Code for owners with a household income of | 9 | | $30,000 or less. It is the intent of this paragraph that if the | 10 | | general homestead exemption for a parcel of property is | 11 | | determined under Section 15-176 or 15-177 of the Property Tax | 12 | | Code rather than Section 15-175, then the calculation of | 13 | | Available Local Resources shall not be affected by the | 14 | | difference, if any, between the amount of the general homestead | 15 | | exemption allowed for that parcel of property under Section | 16 | | 15-176 or 15-177 of the Property Tax Code and the amount that | 17 | | would have been allowed had the general homestead exemption for | 18 | | that parcel of property been determined under Section 15-175 of | 19 | | the Property Tax Code. It is further the intent of this | 20 | | paragraph that if additional exemptions are allowed under | 21 | | Section 15-175 of the Property Tax Code for owners with a | 22 | | household income of less than $30,000, then the calculation of | 23 | | Available Local Resources shall not be affected by the | 24 | | difference, if any, because of those additional exemptions. | 25 | | This equalized assessed valuation, as adjusted further by | 26 | | the requirements of
this subsection, shall be utilized in the |
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| 1 | | calculation of Available Local
Resources. | 2 | | (2) The equalized assessed valuation in paragraph (1) shall | 3 | | be adjusted, as
applicable, in the following manner: | 4 | | (a) For the purposes of calculating State aid under | 5 | | this Section,
with respect to any part of a school district | 6 | | within a redevelopment
project area in respect to which a | 7 | | municipality has adopted tax
increment allocation | 8 | | financing pursuant to the Tax Increment Allocation
| 9 | | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | 10 | | of the Illinois
Municipal Code or the Industrial Jobs | 11 | | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | 12 | | Illinois Municipal Code, no part of the current equalized
| 13 | | assessed valuation of real property located in any such | 14 | | project area which is
attributable to an increase above the | 15 | | total initial equalized assessed
valuation of such | 16 | | property shall be used as part of the equalized assessed
| 17 | | valuation of the district, until such time as all
| 18 | | redevelopment project costs have been paid, as provided in | 19 | | Section 11-74.4-8
of the Tax Increment Allocation | 20 | | Redevelopment Act or in Section 11-74.6-35 of
the | 21 | | Industrial Jobs Recovery Law. For the purpose of
the | 22 | | equalized assessed valuation of the
district, the total | 23 | | initial equalized assessed valuation or the current
| 24 | | equalized assessed valuation, whichever is lower, shall be | 25 | | used until
such time as all redevelopment project costs | 26 | | have been paid. |
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| 1 | | (b) The real property equalized assessed valuation for | 2 | | a school district
shall be adjusted by subtracting from the | 3 | | real property
value as equalized or assessed by the | 4 | | Department of Revenue for the
district an amount computed | 5 | | by dividing the amount of any abatement of
taxes under | 6 | | Section 18-170 of the Property Tax Code by 3.00% for a | 7 | | district
maintaining grades kindergarten through 12, by | 8 | | 2.30% for a district
maintaining grades kindergarten | 9 | | through 8, or by 1.05% for a
district
maintaining grades 9 | 10 | | through 12 and adjusted by an amount computed by dividing
| 11 | | the amount of any abatement of taxes under subsection (a) | 12 | | of Section 18-165 of
the Property Tax Code by the same | 13 | | percentage rates for district type as
specified in this | 14 | | subparagraph (b). | 15 | | (3) For the 1999-2000 school year and each school year | 16 | | thereafter, if a
school district meets all of the criteria of | 17 | | this subsection (G)(3), the school
district's Available Local | 18 | | Resources shall be calculated under subsection (D)
using the | 19 | | district's Extension Limitation Equalized Assessed Valuation | 20 | | as
calculated under this
subsection (G)(3). | 21 | | For purposes of this subsection (G)(3) the following terms | 22 | | shall have
the following meanings: | 23 | | "Budget Year": The school year for which general State | 24 | | aid is calculated
and
awarded under subsection (E). | 25 | | "Base Tax Year": The property tax levy year used to | 26 | | calculate the Budget
Year
allocation of general State aid. |
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| 1 | | "Preceding Tax Year": The property tax levy year | 2 | | immediately preceding the
Base Tax Year. | 3 | | "Base Tax Year's Tax Extension": The product of the | 4 | | equalized assessed
valuation utilized by the County Clerk | 5 | | in the Base Tax Year multiplied by the
limiting rate as | 6 | | calculated by the County Clerk and defined in the Property | 7 | | Tax
Extension Limitation Law. | 8 | | "Preceding Tax Year's Tax Extension": The product of | 9 | | the equalized assessed
valuation utilized by the County | 10 | | Clerk in the Preceding Tax Year multiplied by
the Operating | 11 | | Tax Rate as defined in subsection (A). | 12 | | "Extension Limitation Ratio": A numerical ratio, | 13 | | certified by the
County Clerk, in which the numerator is | 14 | | the Base Tax Year's Tax
Extension and the denominator is | 15 | | the Preceding Tax Year's Tax Extension. | 16 | | "Operating Tax Rate": The operating tax rate as defined | 17 | | in subsection (A). | 18 | | If a school district is subject to property tax extension | 19 | | limitations as
imposed under
the Property Tax Extension | 20 | | Limitation Law, the State Board of Education shall
calculate | 21 | | the Extension
Limitation
Equalized Assessed Valuation of that | 22 | | district. For the 1999-2000 school
year, the
Extension | 23 | | Limitation Equalized Assessed Valuation of a school district as
| 24 | | calculated by the State Board of Education shall be equal to | 25 | | the product of the
district's 1996 Equalized Assessed Valuation | 26 | | and the district's Extension
Limitation Ratio. Except as |
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| 1 | | otherwise provided in this paragraph for a school district that | 2 | | has approved or does approve an increase in its limiting rate, | 3 | | for the 2000-2001 school year and each school year
thereafter,
| 4 | | the Extension Limitation Equalized Assessed Valuation of a | 5 | | school district as
calculated by the State Board of Education | 6 | | shall be equal to the product of
the Equalized Assessed | 7 | | Valuation last used in the calculation of general State
aid and | 8 | | the
district's Extension Limitation Ratio. If the Extension | 9 | | Limitation
Equalized
Assessed Valuation of a school district as | 10 | | calculated under
this subsection (G)(3) is less than the | 11 | | district's equalized assessed valuation
as calculated pursuant | 12 | | to subsections (G)(1) and (G)(2), then for purposes of
| 13 | | calculating the district's general State aid for the Budget | 14 | | Year pursuant to
subsection (E), that Extension
Limitation | 15 | | Equalized Assessed Valuation shall be utilized to calculate the
| 16 | | district's Available Local Resources
under subsection (D). For | 17 | | the 2009-2010 school year and each school year thereafter, if a | 18 | | school district has approved or does approve an increase in its | 19 | | limiting rate, pursuant to Section 18-190 of the Property Tax | 20 | | Code, affecting the Base Tax Year, the Extension Limitation | 21 | | Equalized Assessed Valuation of the school district, as | 22 | | calculated by the State Board of Education, shall be equal to | 23 | | the product of the Equalized Assessed Valuation last used in | 24 | | the calculation of general State aid times an amount equal to | 25 | | one plus the percentage increase, if any, in the Consumer Price | 26 | | Index for all Urban Consumers for all items published by the |
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| 1 | | United States Department of Labor for the 12-month calendar | 2 | | year preceding the Base Tax Year, plus the Equalized Assessed | 3 | | Valuation of new property, annexed property, and recovered tax | 4 | | increment value and minus the Equalized Assessed Valuation of | 5 | | disconnected property. New property and recovered tax | 6 | | increment value shall have the meanings set forth in the | 7 | | Property Tax Extension Limitation Law. | 8 | | Partial elementary unit districts created in accordance | 9 | | with Article 11E of this Code shall not be eligible for the | 10 | | adjustment in this subsection (G)(3) until the fifth year | 11 | | following the effective date of the reorganization.
| 12 | | (3.5) For the 2010-2011 school year and each school year | 13 | | thereafter, if a school district's boundaries span multiple | 14 | | counties, then the Department of Revenue shall send to the | 15 | | State Board of Education, for the purpose of calculating | 16 | | general State aid, the limiting rate and individual rates by | 17 | | purpose for the county that contains the majority of the school | 18 | | district's Equalized Assessed Valuation. | 19 | | (4) For the purposes of calculating general State aid for | 20 | | the 1999-2000
school year only, if a school district | 21 | | experienced a triennial reassessment on
the equalized assessed | 22 | | valuation used in calculating its general State
financial aid | 23 | | apportionment for the 1998-1999 school year, the State Board of
| 24 | | Education shall calculate the Extension Limitation Equalized | 25 | | Assessed Valuation
that would have been used to calculate the | 26 | | district's 1998-1999 general State
aid. This amount shall equal |
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| 1 | | the product of the equalized assessed valuation
used to
| 2 | | calculate general State aid for the 1997-1998 school year and | 3 | | the district's
Extension Limitation Ratio. If the Extension | 4 | | Limitation Equalized Assessed
Valuation of the school district | 5 | | as calculated under this paragraph (4) is
less than the | 6 | | district's equalized assessed valuation utilized in | 7 | | calculating
the
district's 1998-1999 general State aid | 8 | | allocation, then for purposes of
calculating the district's | 9 | | general State aid pursuant to paragraph (5) of
subsection (E),
| 10 | | that Extension Limitation Equalized Assessed Valuation shall | 11 | | be utilized to
calculate the district's Available Local | 12 | | Resources. | 13 | | (5) For school districts having a majority of their | 14 | | equalized assessed
valuation in any county except Cook, DuPage, | 15 | | Kane, Lake, McHenry, or Will, if
the amount of general State | 16 | | aid allocated to the school district for the
1999-2000 school | 17 | | year under the provisions of subsection (E), (H), and (J) of
| 18 | | this Section is less than the amount of general State aid | 19 | | allocated to the
district for the 1998-1999 school year under | 20 | | these subsections, then the
general
State aid of the district | 21 | | for the 1999-2000 school year only shall be increased
by the | 22 | | difference between these amounts. The total payments made under | 23 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall | 24 | | be prorated if they
exceed $14,000,000.
| 25 | | (H) Supplemental General State Aid. |
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| 1 | | (1) In addition to the general State aid a school district | 2 | | is allotted
pursuant to subsection (E), qualifying school | 3 | | districts shall receive a grant,
paid in conjunction with a | 4 | | district's payments of general State aid, for
supplemental | 5 | | general State aid based upon the concentration level of | 6 | | children
from low-income households within the school | 7 | | district.
Supplemental State aid grants provided for school | 8 | | districts under this
subsection shall be appropriated for | 9 | | distribution to school districts as part
of the same line item | 10 | | in which the general State financial aid of school
districts is | 11 | | appropriated under this Section.
| 12 | | (1.5) This paragraph (1.5) applies only to those school | 13 | | years
preceding the 2003-2004 school year.
For purposes of this
| 14 | | subsection (H), the term "Low-Income Concentration Level" | 15 | | shall be the
low-income
eligible pupil count from the most | 16 | | recently available federal census divided by
the Average Daily | 17 | | Attendance of the school district.
If, however, (i) the | 18 | | percentage decrease from the 2 most recent federal
censuses
in | 19 | | the low-income eligible pupil count of a high school district | 20 | | with fewer
than 400 students exceeds by 75% or more the | 21 | | percentage change in the total
low-income eligible pupil count | 22 | | of contiguous elementary school districts,
whose boundaries | 23 | | are coterminous with the high school district,
or (ii) a high | 24 | | school district within 2 counties and serving 5 elementary
| 25 | | school
districts, whose boundaries are coterminous with the | 26 | | high school
district, has a percentage decrease from the 2 most |
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| 1 | | recent federal
censuses in the low-income eligible pupil count | 2 | | and there is a percentage
increase in the total low-income | 3 | | eligible pupil count of a majority of the
elementary school | 4 | | districts in excess of 50% from the 2 most recent
federal | 5 | | censuses, then
the
high school district's low-income eligible | 6 | | pupil count from the earlier federal
census
shall be the number | 7 | | used as the low-income eligible pupil count for the high
school | 8 | | district, for purposes of this subsection (H).
The changes made | 9 | | to this paragraph (1) by Public Act 92-28 shall apply to
| 10 | | supplemental general State aid
grants for school years | 11 | | preceding the 2003-2004 school year that are paid
in fiscal | 12 | | year 1999 or thereafter
and to
any State aid payments made in | 13 | | fiscal year 1994 through fiscal year
1998 pursuant to | 14 | | subsection 1(n) of Section 18-8 of this Code (which was
| 15 | | repealed on July 1, 1998), and any high school district that is | 16 | | affected by
Public Act 92-28 is
entitled to a
recomputation of | 17 | | its supplemental general State aid grant or State aid
paid in | 18 | | any of those fiscal years. This recomputation shall not be
| 19 | | affected by any other funding. | 20 | | (1.10) This paragraph (1.10) applies to the 2003-2004 | 21 | | school year
and each school year thereafter. For purposes of | 22 | | this subsection (H), the
term "Low-Income Concentration Level" | 23 | | shall, for each fiscal year, be the
low-income eligible
pupil | 24 | | count
as of July 1 of the immediately preceding fiscal year
(as | 25 | | determined by the Department of Human Services based
on the | 26 | | number of pupils
who are eligible for at least one of the |
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| 1 | | following
low income programs: Medicaid, the Children's Health | 2 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who | 3 | | are eligible for services provided by the Department
of | 4 | | Children and Family Services,
averaged over
the 2 immediately | 5 | | preceding fiscal years for fiscal year 2004 and over the 3
| 6 | | immediately preceding fiscal years for each fiscal year | 7 | | thereafter)
divided by the Average Daily Attendance of the | 8 | | school district. | 9 | | (2) Supplemental general State aid pursuant to this | 10 | | subsection (H) shall
be
provided as follows for the 1998-1999, | 11 | | 1999-2000, and 2000-2001 school years
only: | 12 | | (a) For any school district with a Low Income | 13 | | Concentration Level of at
least 20% and less than 35%, the | 14 | | grant for any school year
shall be $800
multiplied by the | 15 | | low income eligible pupil count. | 16 | | (b) For any school district with a Low Income | 17 | | Concentration Level of at
least 35% and less than 50%, the | 18 | | grant for the 1998-1999 school year shall be
$1,100 | 19 | | multiplied by the low income eligible pupil count. | 20 | | (c) For any school district with a Low Income | 21 | | Concentration Level of at
least 50% and less than 60%, the | 22 | | grant for the 1998-99 school year shall be
$1,500 | 23 | | multiplied by the low income eligible pupil count. | 24 | | (d) For any school district with a Low Income | 25 | | Concentration Level of 60%
or more, the grant for the | 26 | | 1998-99 school year shall be $1,900 multiplied by
the low |
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| 1 | | income eligible pupil count. | 2 | | (e) For the 1999-2000 school year, the per pupil amount | 3 | | specified in
subparagraphs (b), (c), and (d) immediately | 4 | | above shall be increased to $1,243,
$1,600, and $2,000, | 5 | | respectively. | 6 | | (f) For the 2000-2001 school year, the per pupil | 7 | | amounts specified in
subparagraphs (b), (c), and (d) | 8 | | immediately above shall be
$1,273, $1,640, and $2,050, | 9 | | respectively. | 10 | | (2.5) Supplemental general State aid pursuant to this | 11 | | subsection (H)
shall be provided as follows for the 2002-2003 | 12 | | school year: | 13 | | (a) For any school district with a Low Income | 14 | | Concentration Level of less
than 10%, the grant for each | 15 | | school year shall be $355 multiplied by the low
income | 16 | | eligible pupil count. | 17 | | (b) For any school district with a Low Income | 18 | | Concentration
Level of at least 10% and less than 20%, the | 19 | | grant for each school year shall
be $675
multiplied by the | 20 | | low income eligible pupil
count. | 21 | | (c) For any school district with a Low Income | 22 | | Concentration
Level of at least 20% and less than 35%, the | 23 | | grant for each school year shall
be $1,330
multiplied by | 24 | | the low income eligible pupil
count. | 25 | | (d) For any school district with a Low Income | 26 | | Concentration
Level of at least 35% and less than 50%, the |
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| 1 | | grant for each school year shall
be $1,362
multiplied by | 2 | | the low income eligible pupil
count. | 3 | | (e) For any school district with a Low Income | 4 | | Concentration
Level of at least 50% and less than 60%, the | 5 | | grant for each school year shall
be $1,680
multiplied by | 6 | | the low income eligible pupil
count. | 7 | | (f) For any school district with a Low Income | 8 | | Concentration
Level of 60% or more, the grant for each | 9 | | school year shall be $2,080
multiplied by the low income | 10 | | eligible pupil count. | 11 | | (2.10) Except as otherwise provided, supplemental general | 12 | | State aid
pursuant to this subsection
(H) shall be provided as | 13 | | follows for the 2003-2004 school year and each
school year | 14 | | thereafter: | 15 | | (a) For any school district with a Low Income | 16 | | Concentration
Level of 15% or less, the grant for each | 17 | | school year
shall be $355 multiplied by the low income | 18 | | eligible pupil count. | 19 | | (b) For any school district with a Low Income | 20 | | Concentration
Level greater than 15%, the grant for each | 21 | | school year shall be
$294.25 added to the product of $2,700 | 22 | | and the square of the Low
Income Concentration Level, all | 23 | | multiplied by the low income
eligible pupil count. | 24 | | For the 2003-2004 school year and each school year | 25 | | thereafter through the 2008-2009 school year only, the grant | 26 | | shall be no less than the
grant
for
the 2002-2003 school year. |
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| 1 | | For the 2009-2010 school year only, the grant shall
be no
less | 2 | | than the grant for the 2002-2003 school year multiplied by | 3 | | 0.66. For the 2010-2011
school year only, the grant shall be no | 4 | | less than the grant for the 2002-2003
school year
multiplied by | 5 | | 0.33. Notwithstanding the provisions of this paragraph to the | 6 | | contrary, if for any school year supplemental general State aid | 7 | | grants are prorated as provided in paragraph (1) of this | 8 | | subsection (H), then the grants under this paragraph shall be | 9 | | prorated.
| 10 | | For the 2003-2004 school year only, the grant shall be no | 11 | | greater
than the grant received during the 2002-2003 school | 12 | | year added to the
product of 0.25 multiplied by the difference | 13 | | between the grant amount
calculated under subsection (a) or (b) | 14 | | of this paragraph (2.10), whichever
is applicable, and the | 15 | | grant received during the 2002-2003 school year.
For the | 16 | | 2004-2005 school year only, the grant shall be no greater than
| 17 | | the grant received during the 2002-2003 school year added to | 18 | | the
product of 0.50 multiplied by the difference between the | 19 | | grant amount
calculated under subsection (a) or (b) of this | 20 | | paragraph (2.10), whichever
is applicable, and the grant | 21 | | received during the 2002-2003 school year.
For the 2005-2006 | 22 | | school year only, the grant shall be no greater than
the grant | 23 | | received during the 2002-2003 school year added to the
product | 24 | | of 0.75 multiplied by the difference between the grant amount
| 25 | | calculated under subsection (a) or (b) of this paragraph | 26 | | (2.10), whichever
is applicable, and the grant received during |
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| 1 | | the 2002-2003
school year. | 2 | | (3) School districts with an Average Daily Attendance of | 3 | | more than 1,000
and less than 50,000 that qualify for | 4 | | supplemental general State aid pursuant
to this subsection | 5 | | shall submit a plan to the State Board of Education prior to
| 6 | | October 30 of each year for the use of the funds resulting from | 7 | | this grant of
supplemental general State aid for the | 8 | | improvement of
instruction in which priority is given to | 9 | | meeting the education needs of
disadvantaged children. Such | 10 | | plan shall be submitted in accordance with
rules and | 11 | | regulations promulgated by the State Board of Education. | 12 | | (4) School districts with an Average Daily Attendance of | 13 | | 50,000 or more
that qualify for supplemental general State aid | 14 | | pursuant to this subsection
shall be required to distribute | 15 | | from funds available pursuant to this Section,
no less than | 16 | | $261,000,000 in accordance with the following requirements: | 17 | | (a) The required amounts shall be distributed to the | 18 | | attendance centers
within the district in proportion to the | 19 | | number of pupils enrolled at each
attendance center who are | 20 | | eligible to receive free or reduced-price lunches or
| 21 | | breakfasts under the federal Child Nutrition Act of 1966 | 22 | | and under the National
School Lunch Act during the | 23 | | immediately preceding school year. | 24 | | (b) The distribution of these portions of supplemental | 25 | | and general State
aid among attendance centers according to | 26 | | these requirements shall not be
compensated for or |
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| 1 | | contravened by adjustments of the total of other funds
| 2 | | appropriated to any attendance centers, and the Board of | 3 | | Education shall
utilize funding from one or several sources | 4 | | in order to fully implement this
provision annually prior | 5 | | to the opening of school. | 6 | | (c) Each attendance center shall be provided by the
| 7 | | school district a distribution of noncategorical funds and | 8 | | other
categorical funds to which an attendance center is | 9 | | entitled under law in
order that the general State aid and | 10 | | supplemental general State aid provided
by application of | 11 | | this subsection supplements rather than supplants the
| 12 | | noncategorical funds and other categorical funds provided | 13 | | by the school
district to the attendance centers. | 14 | | (d) Any funds made available under this subsection that | 15 | | by reason of the
provisions of this subsection are not
| 16 | | required to be allocated and provided to attendance centers | 17 | | may be used and
appropriated by the board of the district | 18 | | for any lawful school purpose. | 19 | | (e) Funds received by an attendance center
pursuant to | 20 | | this
subsection shall be used
by the attendance center at | 21 | | the discretion
of the principal and local school council | 22 | | for programs to improve educational
opportunities at | 23 | | qualifying schools through the following programs and
| 24 | | services: early childhood education, reduced class size or | 25 | | improved adult to
student classroom ratio, enrichment | 26 | | programs, remedial assistance, attendance
improvement, and |
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| 1 | | other educationally beneficial expenditures which
| 2 | | supplement
the regular and basic programs as determined by | 3 | | the State Board of Education.
Funds provided shall not be | 4 | | expended for any political or lobbying purposes
as defined | 5 | | by board rule. | 6 | | (f) Each district subject to the provisions of this | 7 | | subdivision (H)(4)
shall submit an
acceptable plan to meet | 8 | | the educational needs of disadvantaged children, in
| 9 | | compliance with the requirements of this paragraph, to the | 10 | | State Board of
Education prior to July 15 of each year. | 11 | | This plan shall be consistent with the
decisions of local | 12 | | school councils concerning the school expenditure plans
| 13 | | developed in accordance with part 4 of Section 34-2.3. The | 14 | | State Board shall
approve or reject the plan within 60 days | 15 | | after its submission. If the plan is
rejected, the district | 16 | | shall give written notice of intent to modify the plan
| 17 | | within 15 days of the notification of rejection and then | 18 | | submit a modified plan
within 30 days after the date of the | 19 | | written notice of intent to modify.
Districts may amend | 20 | | approved plans pursuant to rules promulgated by the State
| 21 | | Board of Education. | 22 | | Upon notification by the State Board of Education that | 23 | | the district has
not submitted a plan prior to July 15 or a | 24 | | modified plan within the time
period specified herein, the
| 25 | | State aid funds affected by that plan or modified plan | 26 | | shall be withheld by the
State Board of Education until a |
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| 1 | | plan or modified plan is submitted. | 2 | | If the district fails to distribute State aid to | 3 | | attendance centers in
accordance with an approved plan, the | 4 | | plan for the following year shall
allocate funds, in | 5 | | addition to the funds otherwise required by this
| 6 | | subsection, to those attendance centers which were | 7 | | underfunded during the
previous year in amounts equal to | 8 | | such underfunding. | 9 | | For purposes of determining compliance with this | 10 | | subsection in relation
to the requirements of attendance | 11 | | center funding, each district subject to the
provisions of | 12 | | this
subsection shall submit as a separate document by | 13 | | December 1 of each year a
report of expenditure data for | 14 | | the prior year in addition to any
modification of its | 15 | | current plan. If it is determined that there has been
a | 16 | | failure to comply with the expenditure provisions of this | 17 | | subsection
regarding contravention or supplanting, the | 18 | | State Superintendent of
Education shall, within 60 days of | 19 | | receipt of the report, notify the
district and any affected | 20 | | local school council. The district shall within
45 days of | 21 | | receipt of that notification inform the State | 22 | | Superintendent of
Education of the remedial or corrective | 23 | | action to be taken, whether by
amendment of the current | 24 | | plan, if feasible, or by adjustment in the plan
for the | 25 | | following year. Failure to provide the expenditure report | 26 | | or the
notification of remedial or corrective action in a |
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| 1 | | timely manner shall
result in a withholding of the affected | 2 | | funds. | 3 | | The State Board of Education shall promulgate rules and | 4 | | regulations
to implement the provisions of this | 5 | | subsection. No funds shall be released
under this | 6 | | subdivision (H)(4) to any district that has not submitted a | 7 | | plan
that has been approved by the State Board of | 8 | | Education.
| 9 | | (I) (Blank).
| 10 | | (J) (Blank).
| 11 | | (K) Grants to Laboratory and Alternative Schools. | 12 | | In calculating the amount to be paid to the governing board | 13 | | of a public
university that operates a laboratory school under | 14 | | this Section or to any
alternative school that is operated by a | 15 | | regional superintendent of schools,
the State
Board of | 16 | | Education shall require by rule such reporting requirements as | 17 | | it
deems necessary. | 18 | | As used in this Section, "laboratory school" means a public | 19 | | school which is
created and operated by a public university and | 20 | | approved by the State Board of
Education. The governing board | 21 | | of a public university which receives funds
from the State | 22 | | Board under this subsection (K) may not increase the number of
| 23 | | students enrolled in its laboratory
school from a single |
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| 1 | | district, if that district is already sending 50 or more
| 2 | | students, except under a mutual agreement between the school | 3 | | board of a
student's district of residence and the university | 4 | | which operates the
laboratory school. A laboratory school may | 5 | | not have more than 1,000 students,
excluding students with | 6 | | disabilities in a special education program. | 7 | | As used in this Section, "alternative school" means a | 8 | | public school which is
created and operated by a Regional | 9 | | Superintendent of Schools and approved by
the State Board of | 10 | | Education. Such alternative schools may offer courses of
| 11 | | instruction for which credit is given in regular school | 12 | | programs, courses to
prepare students for the high school | 13 | | equivalency testing program or vocational
and occupational | 14 | | training. A regional superintendent of schools may contract
| 15 | | with a school district or a public community college district | 16 | | to operate an
alternative school. An alternative school serving | 17 | | more than one educational
service region may be established by | 18 | | the regional superintendents of schools
of the affected | 19 | | educational service regions. An alternative school
serving | 20 | | more than one educational service region may be operated under | 21 | | such
terms as the regional superintendents of schools of those | 22 | | educational service
regions may agree. | 23 | | Each laboratory and alternative school shall file, on forms | 24 | | provided by the
State Superintendent of Education, an annual | 25 | | State aid claim which states the
Average Daily Attendance of | 26 | | the school's students by month. The best 3 months'
Average |
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| 1 | | Daily Attendance shall be computed for each school.
The general | 2 | | State aid entitlement shall be computed by multiplying the
| 3 | | applicable Average Daily Attendance by the Foundation Level as | 4 | | determined under
this Section.
| 5 | | (L) Payments, Additional Grants in Aid and Other Requirements. | 6 | | (1) For a school district operating under the financial | 7 | | supervision
of an Authority created under Article 34A, the | 8 | | general State aid otherwise
payable to that district under this | 9 | | Section, but not the supplemental general
State aid, shall be | 10 | | reduced by an amount equal to the budget for
the operations of | 11 | | the Authority as certified by the Authority to the State
Board | 12 | | of Education, and an amount equal to such reduction shall be | 13 | | paid
to the Authority created for such district for its | 14 | | operating expenses in
the manner provided in Section 18-11. The | 15 | | remainder
of general State school aid for any such district | 16 | | shall be paid in accordance
with Article 34A when that Article | 17 | | provides for a disposition other than that
provided by this | 18 | | Article. | 19 | | (2) (Blank). | 20 | | (3) Summer school. Summer school payments shall be made as | 21 | | provided in
Section 18-4.3.
| 22 | | (M) Education Funding Advisory Board. | 23 | | The Education Funding Advisory
Board, hereinafter in this | 24 | | subsection (M) referred to as the "Board", is hereby
created. |
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| 1 | | The Board
shall consist of 5 members who are appointed by the | 2 | | Governor, by and with the
advice and consent of the Senate. The | 3 | | members appointed shall include
representatives of education, | 4 | | business, and the general public. One of the
members so | 5 | | appointed shall be
designated by the Governor at the time the | 6 | | appointment is made as the
chairperson of the
Board.
The | 7 | | initial members of the Board may
be appointed any time after | 8 | | the effective date of this amendatory Act of
1997. The regular | 9 | | term of each member of the
Board shall be for 4 years from the | 10 | | third Monday of January of the
year in which the term of the | 11 | | member's appointment is to commence, except that
of the 5 | 12 | | initial members appointed to serve on the
Board, the member who | 13 | | is appointed as the chairperson shall serve for
a term that | 14 | | commences on the date of his or her appointment and expires on | 15 | | the
third Monday of January, 2002, and the remaining 4 members, | 16 | | by lots drawn at
the first meeting of the Board that is
held
| 17 | | after all 5 members are appointed, shall determine 2 of their | 18 | | number to serve
for terms that commence on the date of their
| 19 | | respective appointments and expire on the third
Monday of | 20 | | January, 2001,
and 2 of their number to serve for terms that | 21 | | commence
on the date of their respective appointments and | 22 | | expire on the third Monday
of January, 2000. All members | 23 | | appointed to serve on the
Board shall serve until their | 24 | | respective successors are
appointed and confirmed. Vacancies | 25 | | shall be filled in the same manner as
original appointments. If | 26 | | a vacancy in membership occurs at a time when the
Senate is not |
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| 1 | | in session, the Governor shall make a temporary appointment | 2 | | until
the next meeting of the Senate, when he or she shall | 3 | | appoint, by and with the
advice and consent of the Senate, a | 4 | | person to fill that membership for the
unexpired term. If the | 5 | | Senate is not in session when the initial appointments
are | 6 | | made, those appointments shall
be made as in the case of | 7 | | vacancies. | 8 | | The Education Funding Advisory Board shall be deemed | 9 | | established,
and the initial
members appointed by the Governor | 10 | | to serve as members of the
Board shall take office,
on the date | 11 | | that the
Governor makes his or her appointment of the fifth | 12 | | initial member of the
Board, whether those initial members are | 13 | | then serving
pursuant to appointment and confirmation or | 14 | | pursuant to temporary appointments
that are made by the | 15 | | Governor as in the case of vacancies. | 16 | | The State Board of Education shall provide such staff | 17 | | assistance to the
Education Funding Advisory Board as is | 18 | | reasonably required for the proper
performance by the Board of | 19 | | its responsibilities. | 20 | | For school years after the 2000-2001 school year, the | 21 | | Education
Funding Advisory Board, in consultation with the | 22 | | State Board of Education,
shall make recommendations as | 23 | | provided in this subsection (M) to the General
Assembly for the | 24 | | foundation level under subdivision (B)(3) of this Section and
| 25 | | for the
supplemental general State aid grant level under | 26 | | subsection (H) of this Section
for districts with high |
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| 1 | | concentrations of children from poverty. The
recommended | 2 | | foundation level shall be determined based on a methodology | 3 | | which
incorporates the basic education expenditures of | 4 | | low-spending schools
exhibiting high academic performance. The | 5 | | Education Funding Advisory Board
shall make such | 6 | | recommendations to the General Assembly on January 1 of odd
| 7 | | numbered years, beginning January 1, 2001.
| 8 | | (N) (Blank).
| 9 | | (O) References. | 10 | | (1) References in other laws to the various subdivisions of
| 11 | | Section 18-8 as that Section existed before its repeal and | 12 | | replacement by this
Section 18-8.05 shall be deemed to refer to | 13 | | the corresponding provisions of
this Section 18-8.05, to the | 14 | | extent that those references remain applicable. | 15 | | (2) References in other laws to State Chapter 1 funds shall | 16 | | be deemed to
refer to the supplemental general State aid | 17 | | provided under subsection (H) of
this Section. | 18 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | 19 | | changes to this Section. Under Section 6 of the Statute on | 20 | | Statutes there is an irreconcilable conflict between Public Act | 21 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last | 22 | | acted upon, is controlling. The text of Public Act 93-838 is | 23 | | the law regardless of the text of Public Act 93-808. |
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| 1 | | (Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, | 2 | | eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; | 3 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. | 4 | | 11-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742, | 5 | | eff. 6-30-13; 97-813, eff. 7-13-12.) | 6 | | Section 95. No acceleration or delay. Where this Act makes | 7 | | changes in a statute that is represented in this Act by text | 8 | | that is not yet or no longer in effect (for example, a Section | 9 | | represented by multiple versions), the use of that text does | 10 | | not accelerate or delay the taking effect of (i) the changes | 11 | | made by this Act or (ii) provisions derived from any other | 12 | | Public Act.
| 13 | | Section 99. Effective date. This Act takes effect July 1, | 14 | | 2013.
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