Illinois General Assembly - Full Text of HB3944
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Full Text of HB3944  93rd General Assembly

HB3944 93rd General Assembly


093_HB3944

                                     LRB093 13629 NHT 19004 b

 1        AN ACT regarding schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Election  Code  is amended by changing
 5    Section 11-4.1 as follows:

 6        (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
 7        Sec. 11-4.1.  (a) In appointing polling places under this
 8    Article, the county board or board of election  commissioners
 9    shall,  insofar  as  they  are  convenient and available, use
10    schools and other public buildings as polling places.
11        (b)  Upon  request  of  the  county  board  or  board  of
12    election  commissioners,  the  proper  agency  of  government
13    (including school districts and units  of  local  government)
14    shall  make a public building under its control available for
15    use as  a  polling  place  on  an  election  day  and  for  a
16    reasonably  necessary  time  before  and  after election day,
17    without charge.  If the county board  or  board  of  election
18    commissioners  chooses  a  school to be a polling place, then
19    the school district must make the school available for use as
20    a polling place. However, for the  day  of  the  election,  a
21    school  district  may  choose  to (i) keep the school open or
22    (ii) hold a  teachers  institute  on  that  day,  subject  to
23    Section 3-11 of the School Code.
24        (c)  A  government  agency  which makes a public building
25    under its control available for use as a polling place  shall
26    ensure  the portion of the building to be used as the polling
27    place is accessible to handicapped and elderly voters.
28    (Source: P.A. 92-465, eff. 8-22-01.)

29        Section 10.  The  School  Code  is  amended  by  changing
30    Sections 3-11, 18-8.05, and 24-2 as follows:
 
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 1        (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
 2        Sec.  3-11.   Institutes or inservice training workshops.
 3    In counties of less than 2,000,000 inhabitants, the  regional
 4    superintendent may arrange for or conduct district, regional,
 5    or  county institutes, or equivalent professional educational
 6    experiences, not more than 4 days annually. Of those 4  days,
 7    2  days may be used as a teacher's workshop, when approved by
 8    the regional superintendent, up to 2 days  may  be  used  for
 9    conducting  parent-teacher conferences or up to 2 days may be
10    utilized as parental institute days as  provided  in  Section
11    10-22.18d.  A  school district may use one of its 4 institute
12    days on the last day of  the  school  term.   "Institute"  or
13    "Professional  educational experiences" means any educational
14    gathering,   demonstration   of   methods   of   instruction,
15    visitation of schools or other institutions or facilities, or
16    sexual abuse and sexual assault  awareness  seminar  held  or
17    approved  by  the regional superintendent and declared by him
18    to be an institute day, or parent-teacher  conferences.  With
19    the  concurrence of the State Superintendent of Education, he
20    or she may employ such assistance as is necessary to  conduct
21    the  institute.   Two  or more adjoining counties may jointly
22    hold an institute.  Institute instruction shall  be  free  to
23    holders  of  certificates  good  in  the  county  or counties
24    holding  the  institute,  and  to  those  who  have  paid  an
25    examination fee and failed to receive a certificate.
26        In  counties  of  2,000,000  or  more  inhabitants,   the
27    regional  superintendent may arrange for or conduct district,
28    regional,  or  county  inservice   training   workshops,   or
29    equivalent  professional  educational  experiences,  not more
30    than 4 days annually. Of those 4 days, 2 days may be used for
31    conducting parent-teacher conferences and up to 2 days may be
32    utilized as parental institute days as  provided  in  Section
33    10-22.18d.  A  school district may use one of those 4 days on
34    the  last  day  of  the  school  term.   "Inservice  Training
 
                            -3-      LRB093 13629 NHT 19004 b
 1    Workshops" or "Professional  educational  experiences"  means
 2    any   educational  gathering,  demonstration  of  methods  of
 3    instruction, visitation of schools or other  institutions  or
 4    facilities,  or  sexual  abuse  and  sexual assault awareness
 5    seminar held or approved by the regional  superintendent  and
 6    declared  by  him  to  be  an inservice training workshop, or
 7    parent-teacher conferences.   With  the  concurrence  of  the
 8    State   Superintendent  of  Education,  he  may  employ  such
 9    assistance as is necessary to conduct the inservice  training
10    workshop.   With the approval of the regional superintendent,
11    2 or more adjoining districts may jointly hold  an  inservice
12    training  workshop.  In  addition,  with  the approval of the
13    regional superintendent, one district  may  conduct  its  own
14    inservice  training  workshop with subject matter consultants
15    requested from the county, State or any State institution  of
16    higher learning.
17        Such  teachers  institutes as referred to in this Section
18    may be held on consecutive or separate days at the option  of
19    the  regional  superintendent  having  jurisdiction  thereof.
20    However,  if  teachers  institutes are held on separate days,
21    the institutes may not be held on any Tuesday, Wednesday,  or
22    Thursday unless that day falls at the beginning or end of the
23    school term.
24        Whenever  reference  is  made  in  this  Act to "teachers
25    institute", it shall be construed to  include  the  inservice
26    training  workshops  or  equivalent  professional educational
27    experiences provided for in this Section.
28        Any institute advisory committee  existing  on  April  1,
29    1995, is dissolved and the duties and responsibilities of the
30    institute  advisory  committee  are  assumed  by the regional
31    office of education advisory board.
32        Districts providing  inservice  training  programs  shall
33    constitute  inservice  committees,  1/2  of  which  shall  be
34    teachers, 1/4 school service personnel and 1/4 administrators
 
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 1    to establish program content and schedules.
 2        The  teachers  institutes  shall include teacher training
 3    committed to peer counseling programs and other anti-violence
 4    and   conflict   resolution   programs,   including   without
 5    limitation programs for  preventing  at  risk  students  from
 6    committing violent acts.
 7    (Source: P.A. 91-491, eff. 8-13-99.)

 8        (105 ILCS 5/18-8.05)
 9        Sec.  18-8.05.  Basis  for apportionment of general State
10    financial aid and  supplemental  general  State  aid  to  the
11    common schools for the 1998-1999 and subsequent school years.

12    (A)  General Provisions.
13        (1)  The   provisions   of  this  Section  apply  to  the
14    1998-1999 and subsequent school years.  The system of general
15    State financial aid provided for in this Section is  designed
16    to  assure that, through a combination of State financial aid
17    and required local resources, the financial support  provided
18    each  pupil  in  Average Daily Attendance equals or exceeds a
19    prescribed per pupil Foundation Level.  This formula approach
20    imputes a level of per pupil Available  Local  Resources  and
21    provides  for  the  basis  to  calculate a per pupil level of
22    general State financial aid that,  when  added  to  Available
23    Local Resources, equals or exceeds the Foundation Level.  The
24    amount  of  per  pupil general State financial aid for school
25    districts,  in  general,  varies  in  inverse   relation   to
26    Available  Local Resources.  Per pupil amounts are based upon
27    each school district's Average Daily Attendance as that  term
28    is defined in this Section.
29        (2)  In  addition  to general State financial aid, school
30    districts with specified levels or concentrations  of  pupils
31    from   low   income   households   are  eligible  to  receive
32    supplemental general State financial aid grants  as  provided
33    pursuant to subsection (H). The supplemental State aid grants
 
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 1    provided  for  school districts under subsection (H) shall be
 2    appropriated for distribution to school districts as part  of
 3    the  same  line item in which the general State financial aid
 4    of school districts is appropriated under this Section.
 5        (3)  To receive financial assistance under this  Section,
 6    school  districts  are required to file claims with the State
 7    Board of Education, subject to the following requirements:
 8             (a)  Any school district which fails for  any  given
 9        school  year to maintain school as required by law, or to
10        maintain a recognized school is not eligible to file  for
11        such  school  year any claim upon the Common School Fund.
12        In case of  nonrecognition  of  one  or  more  attendance
13        centers   in   a   school  district  otherwise  operating
14        recognized schools, the claim of the  district  shall  be
15        reduced   in  the  proportion  which  the  Average  Daily
16        Attendance in the attendance center or  centers  bear  to
17        the  Average  Daily Attendance in the school district.  A
18        "recognized school" means any public school  which  meets
19        the standards as established for recognition by the State
20        Board  of  Education.   A  school  district or attendance
21        center not having recognition status  at  the  end  of  a
22        school term is entitled to receive State aid payments due
23        upon   a  legal  claim  which  was  filed  while  it  was
24        recognized.
25             (b)  School district claims filed under this Section
26        are subject to Sections 18-9, 18-10, and 18-12, except as
27        otherwise provided in this Section.
28             (c)  If a  school  district  operates  a  full  year
29        school  under  Section  10-19.1, the general State aid to
30        the school district shall  be  determined  by  the  State
31        Board  of  Education  in  accordance with this Section as
32        near as may be applicable.
33             (d)  (Blank).
34        (4)  Except as provided in subsections (H) and  (L),  the
 
                            -6-      LRB093 13629 NHT 19004 b
 1    board  of  any  district receiving any of the grants provided
 2    for in this Section may apply those  funds  to  any  fund  so
 3    received   for   which  that  board  is  authorized  to  make
 4    expenditures by law.
 5        School districts are not  required  to  exert  a  minimum
 6    Operating  Tax  Rate in order to qualify for assistance under
 7    this Section.
 8        (5)  As used in this Section the  following  terms,  when
 9    capitalized, shall have the meaning ascribed herein:
10             (a)  "Average  Daily  Attendance":  A count of pupil
11        attendance  in  school,  averaged  as  provided  for   in
12        subsection   (C)  and  utilized  in  deriving  per  pupil
13        financial support levels.
14             (b)  "Available Local Resources":  A computation  of
15        local  financial  support,  calculated  on  the  basis of
16        Average Daily Attendance and derived as provided pursuant
17        to subsection (D).
18             (c)  "Corporate   Personal   Property    Replacement
19        Taxes":  Funds paid to local school districts pursuant to
20        "An  Act  in  relation  to  the  abolition  of ad valorem
21        personal property tax and  the  replacement  of  revenues
22        lost thereby, and amending and repealing certain Acts and
23        parts  of Acts in connection therewith", certified August
24        14, 1979, as amended (Public Act 81-1st S.S.-1).
25             (d)  "Foundation Level":  A prescribed level of  per
26        pupil  financial  support  as  provided for in subsection
27        (B).
28             (e)  "Operating  Tax  Rate":   All  school  district
29        property taxes extended for all purposes, except Bond and
30        Interest, Summer School, Rent, Capital  Improvement,  and
31        Vocational Education Building purposes.

32    (B)  Foundation Level.
33        (1)  The  Foundation Level is a figure established by the
34    State representing the minimum level of per  pupil  financial
 
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 1    support  that  should  be  available to provide for the basic
 2    education of each pupil in Average Daily Attendance.  As  set
 3    forth  in  this  Section,  each school district is assumed to
 4    exert  a  sufficient  local  taxing  effort  such  that,   in
 5    combination with the aggregate of general State financial aid
 6    provided  the  district,  an  aggregate  of  State  and local
 7    resources are available to meet the basic education needs  of
 8    pupils in the district.
 9        (2)  For  the 1998-1999 school year, the Foundation Level
10    of support is $4,225.  For the  1999-2000  school  year,  the
11    Foundation  Level  of  support  is $4,325.  For the 2000-2001
12    school year, the Foundation Level of support is $4,425.
13        (3)  For the 2001-2002 school year and  2002-2003  school
14    year, the Foundation Level of support is $4,560.
15        (4)  For  the  2003-2004 school year and each school year
16    thereafter, the Foundation Level of support is $4,810 or such
17    greater amount as may be established by law  by  the  General
18    Assembly.

19    (C)  Average Daily Attendance.
20        (1)  For   purposes  of  calculating  general  State  aid
21    pursuant to  subsection  (E),  an  Average  Daily  Attendance
22    figure  shall  be  utilized.   The  Average  Daily Attendance
23    figure for formula calculation purposes shall be the  monthly
24    average  of the actual number of pupils in attendance of each
25    school district, as further averaged for the best 3 months of
26    pupil attendance for each school district.  In compiling  the
27    figures  for  the  number  of  pupils  in  attendance, school
28    districts  and  the  State  Board  of  Education  shall,  for
29    purposes of general State  aid  funding,  conform  attendance
30    figures to the requirements of subsection (F).
31        (2)  The  Average  Daily  Attendance  figures utilized in
32    subsection (E) shall be the requisite attendance data for the
33    school year immediately preceding the school year  for  which
34    general  State  aid is being calculated or the average of the
 
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 1    attendance data for the 3 preceding school  years,  whichever
 2    is greater.  The Average Daily Attendance figures utilized in
 3    subsection (H) shall be the requisite attendance data for the
 4    school  year  immediately preceding the school year for which
 5    general State aid is being calculated.

 6    (D)  Available Local Resources.
 7        (1)  For  purposes  of  calculating  general  State   aid
 8    pursuant  to  subsection  (E),  a representation of Available
 9    Local Resources per  pupil,  as  that  term  is  defined  and
10    determined  in this subsection, shall be utilized.  Available
11    Local Resources per pupil shall include a  calculated  dollar
12    amount representing local school district revenues from local
13    property   taxes   and   from   Corporate  Personal  Property
14    Replacement Taxes,  expressed  on  the  basis  of  pupils  in
15    Average Daily Attendance.
16        (2)  In  determining  a  school  district's  revenue from
17    local property taxes, the  State  Board  of  Education  shall
18    utilize  the  equalized  assessed  valuation  of  all taxable
19    property of each school district as of September  30  of  the
20    previous  year.   The  equalized  assessed valuation utilized
21    shall be obtained and determined as  provided  in  subsection
22    (G).
23        (3)  For school districts maintaining grades kindergarten
24    through  12,  local  property tax revenues per pupil shall be
25    calculated  as  the  product  of  the  applicable   equalized
26    assessed  valuation for the district multiplied by 3.00%, and
27    divided by the district's Average  Daily  Attendance  figure.
28    For  school districts maintaining grades kindergarten through
29    8, local property tax revenues per pupil shall be  calculated
30    as the product of the applicable equalized assessed valuation
31    for  the  district  multiplied  by  2.30%, and divided by the
32    district's  Average  Daily  Attendance  figure.   For  school
33    districts maintaining grades 9 through 12, local property tax
34    revenues per pupil shall be the applicable equalized assessed
 
                            -9-      LRB093 13629 NHT 19004 b
 1    valuation of the district multiplied by 1.05%, and divided by
 2    the district's Average Daily Attendance figure.
 3        (4)  The Corporate Personal  Property  Replacement  Taxes
 4    paid to each school district during the calendar year 2 years
 5    before  the  calendar  year  in  which  a school year begins,
 6    divided by the  Average  Daily  Attendance  figure  for  that
 7    district,  shall  be added to the local property tax revenues
 8    per pupil as derived by the application  of  the  immediately
 9    preceding  paragraph (3).  The sum of these per pupil figures
10    for each school district  shall  constitute  Available  Local
11    Resources  as  that term is utilized in subsection (E) in the
12    calculation of general State aid.

13    (E)  Computation of General State Aid.
14        (1)  For each school year, the amount  of  general  State
15    aid  allotted  to  a school district shall be computed by the
16    State Board of Education as provided in this subsection.
17        (2)  For any school district for  which  Available  Local
18    Resources  per  pupil  is less than the product of 0.93 times
19    the Foundation Level, general State  aid  for  that  district
20    shall  be  calculated  as  an  amount equal to the Foundation
21    Level minus Available  Local  Resources,  multiplied  by  the
22    Average Daily Attendance of the school district.
23        (3)  For  any  school  district for which Available Local
24    Resources per pupil is equal to or greater than  the  product
25    of  0.93 times the Foundation Level and less than the product
26    of 1.75 times the Foundation Level, the general State aid per
27    pupil shall be a decimal proportion of the  Foundation  Level
28    derived   using   a  linear  algorithm.   Under  this  linear
29    algorithm, the calculated general State aid per  pupil  shall
30    decline   in  direct  linear  fashion  from  0.07  times  the
31    Foundation Level for a school district with  Available  Local
32    Resources  equal  to the product of 0.93 times the Foundation
33    Level, to 0.05  times  the  Foundation  Level  for  a  school
34    district  with Available Local Resources equal to the product
 
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 1    of 1.75  times  the  Foundation  Level.   The  allocation  of
 2    general  State  aid  for  school  districts  subject  to this
 3    paragraph 3 shall be the calculated  general  State  aid  per
 4    pupil  figure  multiplied  by the Average Daily Attendance of
 5    the school district.
 6        (4)  For any school district for  which  Available  Local
 7    Resources  per  pupil  equals  or exceeds the product of 1.75
 8    times the Foundation Level, the general  State  aid  for  the
 9    school  district  shall  be calculated as the product of $218
10    multiplied by the Average  Daily  Attendance  of  the  school
11    district.
12        (5)  The  amount  of  general  State  aid  allocated to a
13    school district for the 1999-2000  school  year  meeting  the
14    requirements  set  forth  in  paragraph (4) of subsection (G)
15    shall be increased by an amount equal to  the  general  State
16    aid  that  would  have  been received by the district for the
17    1998-1999 school year by utilizing the  Extension  Limitation
18    Equalized  Assessed  Valuation as calculated in paragraph (4)
19    of subsection (G) less the general State aid allotted for the
20    1998-1999 school year.  This amount shall  be  deemed  a  one
21    time  increase, and shall not affect any future general State
22    aid allocations.

23    (F)  Compilation of Average Daily Attendance.
24        (1)  Each school district shall, by July 1 of each  year,
25    submit  to  the State Board of Education, on forms prescribed
26    by the State Board of Education, attendance figures  for  the
27    school  year  that began in the preceding calendar year.  The
28    attendance information  so  transmitted  shall  identify  the
29    average daily attendance figures for each month of the school
30    year.   Beginning  with  the general State aid claim form for
31    the 2002-2003 school year, districts shall calculate  Average
32    Daily  Attendance  as  provided in subdivisions (a), (b), and
33    (c) of this paragraph (1).
34             (a)  In  districts  that  do  not  hold   year-round
 
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 1        classes,  days  of attendance in August shall be added to
 2        the month of September and any days of attendance in June
 3        shall be added to the month of May.
 4             (b)  In  districts  in  which  all  buildings   hold
 5        year-round classes, days of attendance in July and August
 6        shall  be added to the month of September and any days of
 7        attendance in June shall be added to the month of May.
 8             (c)  In districts in which some buildings,  but  not
 9        all,  hold  year-round  classes,  for  the non-year-round
10        buildings, days of attendance in August shall be added to
11        the month of September and any days of attendance in June
12        shall be added to the month of  May.  The  average  daily
13        attendance for the year-round buildings shall be computed
14        as  provided in subdivision (b) of this paragraph (1). To
15        calculate the Average Daily Attendance for the  district,
16        the average daily attendance for the year-round buildings
17        shall  be  multiplied  by  the  days  in  session for the
18        non-year-round buildings for each month and added to  the
19        monthly attendance of the non-year-round buildings.
20        Except  as  otherwise  provided  in this Section, days of
21    attendance by pupils shall be counted only  for  sessions  of
22    not  less  than  5  clock  hours of school work per day under
23    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
24    personnel   or   volunteer   personnel   when   engaging   in
25    non-teaching   duties  and  supervising  in  those  instances
26    specified in subsection (a) of Section 10-22.34 and paragraph
27    10 of Section 34-18, with pupils of legal school age  and  in
28    kindergarten and grades 1 through 12.
29        Days  of attendance by tuition pupils shall be accredited
30    only to the districts that pay the tuition  to  a  recognized
31    school.
32        (2)  Days  of  attendance  by pupils of less than 5 clock
33    hours of school shall be subject to the following  provisions
34    in the compilation of Average Daily Attendance.
 
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 1             (a)  Pupils  regularly  enrolled  in a public school
 2        for only a part of the school day may be counted  on  the
 3        basis  of  1/6 day for every class hour of instruction of
 4        40 minutes or more attended pursuant to such  enrollment,
 5        unless  a pupil is enrolled in a block-schedule format of
 6        80 minutes or more of  instruction,  in  which  case  the
 7        pupil  may  be  counted on the basis of the proportion of
 8        minutes of school work completed each day to the  minimum
 9        number of minutes that school work is required to be held
10        that day.
11             (b)  Days  of  attendance  may  be less than 5 clock
12        hours on the opening and closing of the school term,  and
13        upon  the first day of pupil attendance, if preceded by a
14        day  or  days  utilized  as  an  institute  or  teachers'
15        workshop.
16             (c)  A session of 4  or  more  clock  hours  may  be
17        counted  as a day of attendance upon certification by the
18        regional  superintendent,  and  approved  by  the   State
19        Superintendent  of  Education  to  the  extent  that  the
20        district has been forced to use daily multiple sessions.
21             (d)  A  session  of  3  or  more  clock hours may be
22        counted as a day of attendance (1) when the remainder  of
23        the school day or at least 2 hours in the evening of that
24        day  is  utilized  for an in-service training program for
25        teachers, up to a maximum of 3 5 days per school year  of
26        which  a maximum of 2 4 days of such 3 5 days may be used
27        for  parent-teacher  conferences,  provided  a   district
28        conducts  an  in-service  training  program  for teachers
29        which has been approved by the  State  Superintendent  of
30        Education;  or,  in lieu of 2 4 such days, one 2 full day
31        days may be used, in which event each  such  day  may  be
32        counted  as  a  day  of  attendance; and (2) when days in
33        addition to those provided in item (1) are scheduled by a
34        school pursuant to its school  improvement  plan  adopted
 
                            -13-     LRB093 13629 NHT 19004 b
 1        under  Article  34  or  its  revised  or  amended  school
 2        improvement  plan  adopted under Article 2, provided that
 3        (i) such sessions of 3 or more clock hours are  scheduled
 4        to  occur at regular intervals, (ii) the remainder of the
 5        school days in which such sessions occur are utilized for
 6        in-service training programs or other  staff  development
 7        activities for teachers, and (iii) a sufficient number of
 8        minutes  of  school  work under the direct supervision of
 9        teachers are  added  to  the  school  days  between  such
10        regularly  scheduled sessions to accumulate not less than
11        the number of minutes by which such sessions of 3 or more
12        clock hours fall short of 5 clock hours.  Any  full  days
13        used  for  the  purposes  of  this paragraph shall not be
14        considered for computing average daily attendance.   Days
15        scheduled   for   in-service   training  programs,  staff
16        development activities, or parent-teacher conferences may
17        be scheduled separately for different  grade  levels  and
18        different attendance centers of the district.
19             (e)  A  session  of  not less than one clock hour of
20        teaching hospitalized or homebound pupils on-site  or  by
21        telephone  to  the classroom may be counted as 1/2 day of
22        attendance, however these pupils must receive 4  or  more
23        clock  hours  of instruction to be counted for a full day
24        of attendance.
25             (f)  A session of at least  4  clock  hours  may  be
26        counted  as  a  day of attendance for first grade pupils,
27        and pupils in full day kindergartens, and a session of  2
28        or  more hours may be counted as 1/2 day of attendance by
29        pupils in kindergartens which provide  only  1/2  day  of
30        attendance.
31             (g)  For  children  with  disabilities who are below
32        the age of 6 years and who cannot attend 2 or more  clock
33        hours  because  of  their  disability  or  immaturity,  a
34        session of not less than one clock hour may be counted as
 
                            -14-     LRB093 13629 NHT 19004 b
 1        1/2  day  of  attendance; however for such children whose
 2        educational needs so require a session of 4 or more clock
 3        hours may be counted as a full day of attendance.
 4             (h)  A recognized kindergarten  which  provides  for
 5        only  1/2  day of attendance by each pupil shall not have
 6        more than 1/2 day of attendance counted in any  one  day.
 7        However, kindergartens may count 2 1/2 days of attendance
 8        in  any  5 consecutive school days.  When a pupil attends
 9        such a kindergarten for 2 half days  on  any  one  school
10        day,  the  pupil  shall  have  the following day as a day
11        absent from school, unless the  school  district  obtains
12        permission  in  writing  from the State Superintendent of
13        Education. Attendance at kindergartens which provide  for
14        a  full  day of attendance by each pupil shall be counted
15        the same as attendance by first grade  pupils.  Only  the
16        first  year  of  attendance  in one kindergarten shall be
17        counted, except in  case  of  children  who  entered  the
18        kindergarten   in  their  fifth  year  whose  educational
19        development requires a second  year  of  kindergarten  as
20        determined  under  the rules and regulations of the State
21        Board of Education.

22    (G)  Equalized Assessed Valuation Data.
23        (1)  For purposes of the calculation of  Available  Local
24    Resources  required  pursuant  to  subsection  (D), the State
25    Board of  Education  shall  secure  from  the  Department  of
26    Revenue  the value as equalized or assessed by the Department
27    of Revenue of all taxable property of every school  district,
28    together  with  (i) the applicable tax rate used in extending
29    taxes for the funds of the district as of September 30 of the
30    previous year and (ii)  the  limiting  rate  for  all  school
31    districts  subject  to  property tax extension limitations as
32    imposed under the Property Tax Extension Limitation Law.
33        This equalized assessed valuation, as adjusted further by
34    the requirements of this subsection, shall be utilized in the
 
                            -15-     LRB093 13629 NHT 19004 b
 1    calculation of Available Local Resources.
 2        (2)  The equalized assessed valuation  in  paragraph  (1)
 3    shall 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
 6        district within a redevelopment project area  in  respect
 7        to   which  a  municipality  has  adopted  tax  increment
 8        allocation  financing  pursuant  to  the  Tax   Increment
 9        Allocation  Redevelopment Act, Sections 11-74.4-1 through
10        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
11        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
12        11-74.6-50 of the Illinois Municipal Code, no part of the
13        current equalized assessed  valuation  of  real  property
14        located in any such project area which is attributable to
15        an  increase  above  the total initial equalized assessed
16        valuation of such property shall be used as part  of  the
17        equalized  assessed valuation of the district, until such
18        time as all redevelopment project costs have  been  paid,
19        as  provided  in  Section  11-74.4-8 of the Tax Increment
20        Allocation Redevelopment Act or in Section 11-74.6-35  of
21        the 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
25        be  used  until  such  time  as all redevelopment project
26        costs have been paid.
27             (b)  The real property equalized assessed  valuation
28        for  a  school  district shall be adjusted by subtracting
29        from the real property value as equalized or assessed  by
30        the  Department  of  Revenue  for  the district an amount
31        computed by dividing the amount of any abatement of taxes
32        under Section 18-170 of the Property Tax  Code  by  3.00%
33        for  a  district  maintaining grades kindergarten through
34        12,  by  2.30%  for   a   district   maintaining   grades
 
                            -16-     LRB093 13629 NHT 19004 b
 1        kindergarten  through  8,  or  by  1.05%  for  a district
 2        maintaining grades 9 through 12 and adjusted by an amount
 3        computed by dividing the amount of any abatement of taxes
 4        under subsection (a) of Section 18-165  of  the  Property
 5        Tax  Code  by the same percentage rates for district type
 6        as specified in this subparagraph (b).
 7        (3)  For the 1999-2000 school year and each  school  year
 8    thereafter, if a school district meets all of the criteria of
 9    this subsection (G)(3), the school district's Available Local
10    Resources  shall be calculated under subsection (D) using the
11    district's Extension Limitation Equalized Assessed  Valuation
12    as calculated under this subsection (G)(3).
13        For  purposes  of  this  subsection  (G)(3) the following
14    terms shall have the following meanings:
15             "Budget Year":  The school year  for  which  general
16        State aid is calculated and awarded under subsection (E).
17             "Base  Tax Year": The property tax levy year used to
18        calculate the Budget Year  allocation  of  general  State
19        aid.
20             "Preceding  Tax  Year":  The  property tax levy year
21        immediately preceding the Base Tax Year.
22             "Base Tax Year's Tax Extension": The product of  the
23        equalized assessed valuation utilized by the County Clerk
24        in  the  Base Tax Year multiplied by the limiting rate as
25        calculated  by  the  County  Clerk  and  defined  in  the
26        Property Tax Extension Limitation Law.
27             "Preceding Tax Year's Tax Extension": The product of
28        the equalized assessed valuation utilized by  the  County
29        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
30        Operating Tax Rate as defined in subsection (A).
31             "Extension  Limitation  Ratio":  A  numerical ratio,
32        certified by the County Clerk, in which the numerator  is
33        the  Base Tax Year's Tax Extension and the denominator is
34        the Preceding Tax Year's Tax Extension.
 
                            -17-     LRB093 13629 NHT 19004 b
 1             "Operating Tax Rate":  The  operating  tax  rate  as
 2        defined in subsection (A).
 3        If a school district is subject to property tax extension
 4    limitations  as  imposed  under  the  Property  Tax Extension
 5    Limitation Law, the State Board of Education shall  calculate
 6    the Extension Limitation Equalized Assessed Valuation of that
 7    district.   For  the  1999-2000  school  year,  the Extension
 8    Limitation Equalized Assessed Valuation of a school  district
 9    as  calculated by the State Board of Education shall be equal
10    to the product of  the  district's  1996  Equalized  Assessed
11    Valuation and the district's Extension Limitation Ratio.  For
12    the  2000-2001  school  year and each school year thereafter,
13    the Extension Limitation Equalized Assessed  Valuation  of  a
14    school district as calculated by the State Board of Education
15    shall  be  equal  to  the  product  of the Equalized Assessed
16    Valuation last used in the calculation of general  State  aid
17    and   the  district's  Extension  Limitation  Ratio.  If  the
18    Extension Limitation Equalized Assessed Valuation of a school
19    district as calculated under this subsection (G)(3)  is  less
20    than   the   district's   equalized   assessed  valuation  as
21    calculated pursuant to subsections (G)(1)  and  (G)(2),  then
22    for  purposes of calculating the district's general State aid
23    for  the  Budget  Year  pursuant  to  subsection  (E),   that
24    Extension  Limitation  Equalized  Assessed Valuation shall be
25    utilized  to  calculate  the   district's   Available   Local
26    Resources under subsection (D).
27        (4)  For  the  purposes  of calculating general State aid
28    for the 1999-2000 school year  only,  if  a  school  district
29    experienced   a   triennial  reassessment  on  the  equalized
30    assessed valuation used  in  calculating  its  general  State
31    financial  aid  apportionment  for the 1998-1999 school year,
32    the State Board of Education shall  calculate  the  Extension
33    Limitation  Equalized Assessed Valuation that would have been
34    used to calculate the district's 1998-1999 general State aid.
 
                            -18-     LRB093 13629 NHT 19004 b
 1    This amount shall equal the product of the equalized assessed
 2    valuation  used  to  calculate  general  State  aid  for  the
 3    1997-1998 school year and the district's Extension Limitation
 4    Ratio.   If  the  Extension  Limitation  Equalized   Assessed
 5    Valuation  of  the  school  district as calculated under this
 6    paragraph (4) is less than the district's equalized  assessed
 7    valuation  utilized  in  calculating the district's 1998-1999
 8    general  State  aid  allocation,   then   for   purposes   of
 9    calculating  the  district's  general  State  aid pursuant to
10    paragraph (5) of subsection (E),  that  Extension  Limitation
11    Equalized  Assessed  Valuation shall be utilized to calculate
12    the district's Available Local Resources.
13        (5)  For school districts  having  a  majority  of  their
14    equalized  assessed  valuation  in  any  county  except Cook,
15    DuPage, Kane, Lake,  McHenry,  or  Will,  if  the  amount  of
16    general  State  aid  allocated to the school district for the
17    1999-2000 school year under the provisions of subsection (E),
18    (H), and (J) of this Section  is  less  than  the  amount  of
19    general State aid allocated to the district for the 1998-1999
20    school  year  under these subsections, then the general State
21    aid of the district for the 1999-2000 school year only  shall
22    be  increased  by  the difference between these amounts.  The
23    total payments made under this paragraph (5) shall not exceed
24    $14,000,000.   Claims  shall  be  prorated  if  they   exceed
25    $14,000,000.

26    (H)  Supplemental General State Aid.
27        (1)  In  addition  to  the  general  State  aid  a school
28    district is allotted pursuant to subsection  (E),  qualifying
29    school  districts  shall receive a grant, paid in conjunction
30    with  a  district's  payments  of  general  State  aid,   for
31    supplemental  general  State aid based upon the concentration
32    level of  children  from  low-income  households  within  the
33    school  district.  Supplemental State aid grants provided for
34    school districts under this subsection shall be  appropriated
 
                            -19-     LRB093 13629 NHT 19004 b
 1    for distribution to school districts as part of the same line
 2    item  in  which  the  general  State  financial aid of school
 3    districts  is  appropriated  under  this  Section.   If   the
 4    appropriation  in  any  fiscal year for general State aid and
 5    supplemental general State aid is  insufficient  to  pay  the
 6    amounts required under the general State aid and supplemental
 7    general  State  aid  calculations,  then  the  State Board of
 8    Education shall ensure that each school district receives the
 9    full amount due for general State aid and  the  remainder  of
10    the  appropriation  shall  be  used  for supplemental general
11    State aid, which the State Board of Education shall calculate
12    and pay to eligible districts on a prorated basis.
13        (1.5)  This paragraph (1.5) applies only to those  school
14    years  preceding  the  2003-2004 school year. For purposes of
15    this  subsection  (H),  the  term  "Low-Income  Concentration
16    Level" shall be the low-income eligible pupil count from  the
17    most recently available federal census divided by the Average
18    Daily Attendance of the school district. If, however, (i) the
19    percentage  decrease  from the 2 most recent federal censuses
20    in the low-income eligible  pupil  count  of  a  high  school
21    district  with fewer than 400 students exceeds by 75% or more
22    the percentage change in the total low-income eligible  pupil
23    count   of  contiguous  elementary  school  districts,  whose
24    boundaries are coterminous with the high school district,  or
25    (ii)  a  high school district within 2 counties and serving 5
26    elementary school districts, whose boundaries are coterminous
27    with the high school district, has a percentage decrease from
28    the 2 most recent federal censuses in the low-income eligible
29    pupil count and there is a percentage increase in  the  total
30    low-income   eligible  pupil  count  of  a  majority  of  the
31    elementary school districts in excess of 50% from the 2  most
32    recent  federal  censuses,  then  the  high school district's
33    low-income eligible pupil  count  from  the  earlier  federal
34    census  shall  be  the number used as the low-income eligible
 
                            -20-     LRB093 13629 NHT 19004 b
 1    pupil count for the high school  district,  for  purposes  of
 2    this  subsection (H).  The changes made to this paragraph (1)
 3    by Public Act 92-28 shall apply to supplemental general State
 4    aid grants for school years preceding  the  2003-2004  school
 5    year  that are paid in fiscal year 1999 or thereafter  and to
 6    any State aid payments  made  in  fiscal  year  1994  through
 7    fiscal  year 1998 pursuant to subsection 1(n) of Section 18-8
 8    of this Code (which was repealed on July 1,  1998),  and  any
 9    high  school district that is affected by Public Act 92-28 is
10    entitled to a recomputation of its supplemental general State
11    aid grant or State aid paid in any  of  those  fiscal  years.
12    This  recomputation  shall  not  be  affected  by  any  other
13    funding.
14        (1.10)  This  paragraph  (1.10)  applies to the 2003-2004
15    school year and each school year thereafter. For purposes  of
16    this  subsection  (H),  the  term  "Low-Income  Concentration
17    Level"  shall,  for  each  fiscal  year,  be  the  low-income
18    eligible  pupil  count  as  of  July  1  of  the  immediately
19    preceding  fiscal  year  (as  determined by the Department of
20    Human Services based on the number of pupils who are eligible
21    for at least  one  of  the  following  low  income  programs:
22    Medicaid, KidCare, TANF, or Food Stamps, excluding pupils who
23    are  eligible  for  services  provided  by  the Department of
24    Children and Family Services, averaged over the 2 immediately
25    preceding fiscal years for fiscal year 2004 and  over  the  3
26    immediately  preceding  fiscal  years  for  each  fiscal year
27    thereafter) divided by the Average Daily  Attendance  of  the
28    school district.
29        (2)  Supplemental  general  State  aid  pursuant  to this
30    subsection  (H)  shall  be  provided  as  follows   for   the
31    1998-1999, 1999-2000, and 2000-2001 school years only:
32             (a)  For  any  school  district  with  a  Low Income
33        Concentration Level of at least 20% and  less  than  35%,
34        the grant for any school year shall be $800 multiplied by
 
                            -21-     LRB093 13629 NHT 19004 b
 1        the low income eligible pupil count.
 2             (b)  For  any  school  district  with  a  Low Income
 3        Concentration Level of at least 35% and  less  than  50%,
 4        the  grant  for the 1998-1999 school year shall be $1,100
 5        multiplied by the low income eligible pupil count.
 6             (c)  For any  school  district  with  a  Low  Income
 7        Concentration  Level  of  at least 50% and less than 60%,
 8        the grant for the 1998-99 school  year  shall  be  $1,500
 9        multiplied by the low income eligible pupil count.
10             (d)  For  any  school  district  with  a  Low Income
11        Concentration Level of 60% or more,  the  grant  for  the
12        1998-99 school year shall be $1,900 multiplied by the low
13        income eligible pupil count.
14             (e)  For  the  1999-2000  school year, the per pupil
15        amount specified  in  subparagraphs  (b),  (c),  and  (d)
16        immediately  above  shall be increased to $1,243, $1,600,
17        and $2,000, respectively.
18             (f)  For the 2000-2001 school year,  the  per  pupil
19        amounts  specified  in  subparagraphs  (b),  (c), and (d)
20        immediately above shall be $1,273,  $1,640,  and  $2,050,
21        respectively.
22        (2.5)  Supplemental  general  State  aid pursuant to this
23    subsection (H) shall be provided as follows for the 2002-2003
24    school year:
25             (a)  For any  school  district  with  a  Low  Income
26        Concentration  Level of less than 10%, the grant for each
27        school year shall be $355 multiplied by  the  low  income
28        eligible pupil count.
29             (b)  For  any  school  district  with  a  Low Income
30        Concentration Level of at least 10% and  less  than  20%,
31        the  grant  for each school year shall be $675 multiplied
32        by the low income eligible pupil count.
33             (c)  For any  school  district  with  a  Low  Income
34        Concentration  Level  of  at least 20% and less than 35%,
 
                            -22-     LRB093 13629 NHT 19004 b
 1        the grant for each school year shall be $1,330 multiplied
 2        by the low income eligible pupil count.
 3             (d)  For any  school  district  with  a  Low  Income
 4        Concentration  Level  of  at least 35% and less than 50%,
 5        the grant for each school year shall be $1,362 multiplied
 6        by the low income eligible pupil count.
 7             (e)  For any  school  district  with  a  Low  Income
 8        Concentration  Level  of  at least 50% and less than 60%,
 9        the grant for each school year shall be $1,680 multiplied
10        by the low income eligible pupil count.
11             (f)  For any  school  district  with  a  Low  Income
12        Concentration  Level  of  60% or more, the grant for each
13        school year shall be $2,080 multiplied by the low  income
14        eligible pupil count.
15        (2.10)  Except   as   otherwise   provided,  supplemental
16    general State aid pursuant to this subsection  (H)  shall  be
17    provided  as  follows  for the 2003-2004 school year and each
18    school year thereafter:
19             (a)  For any  school  district  with  a  Low  Income
20        Concentration  Level  of  15% or less, the grant for each
21        school year shall be $355 multiplied by  the  low  income
22        eligible pupil count.
23             (b)  For  any  school  district  with  a  Low Income
24        Concentration Level greater than 15%, the grant for  each
25        school  year  shall  be  $294.25  added to the product of
26        $2,700 and the square of  the  Low  Income  Concentration
27        Level,  all  multiplied  by the low income eligible pupil
28        count.
29        For the 2003-2004 school year only, the grant shall be no
30    less than the grant for the 2002-2003 school  year.  For  the
31    2004-2005  school  year only, the grant shall be no less than
32    the grant for the 2002-2003 school year multiplied  by  0.66.
33    For  the  2005-2006  school  year only, the grant shall be no
34    less than the grant for the 2002-2003 school year  multiplied
 
                            -23-     LRB093 13629 NHT 19004 b
 1    by 0.33.
 2        For the 2003-2004 school year only, the grant shall be no
 3    greater  than  the grant received during the 2002-2003 school
 4    year  added  to  the  product  of  0.25  multiplied  by   the
 5    difference   between   the   grant  amount  calculated  under
 6    subsection (a) or (b) of this paragraph (2.10), whichever  is
 7    applicable,  and  the  grant  received  during  the 2002-2003
 8    school year. For the 2004-2005 school year  only,  the  grant
 9    shall  be  no  greater  than  the  grant  received during the
10    2002-2003 school year added to the product of 0.50 multiplied
11    by the difference between the grant amount  calculated  under
12    subsection  (a) or (b) of this paragraph (2.10), whichever is
13    applicable, and  the  grant  received  during  the  2002-2003
14    school  year.  For  the 2005-2006 school year only, the grant
15    shall be no  greater  than  the  grant  received  during  the
16    2002-2003 school year added to the product of 0.75 multiplied
17    by  the  difference between the grant amount calculated under
18    subsection (a) or (b) of this paragraph (2.10), whichever  is
19    applicable,  and  the  grant  received  during  the 2002-2003
20    school year.
21        (3)  School districts with an Average Daily Attendance of
22    more than  1,000  and  less  than  50,000  that  qualify  for
23    supplemental  general  State  aid pursuant to this subsection
24    shall submit a plan to the State Board of Education prior  to
25    October  30  of  each year for the use of the funds resulting
26    from this grant of supplemental general  State  aid  for  the
27    improvement  of  instruction  in  which  priority is given to
28    meeting the education needs of disadvantaged children.   Such
29    plan   shall  be  submitted  in  accordance  with  rules  and
30    regulations promulgated by the State Board of Education.
31        (4)  School districts with an Average Daily Attendance of
32    50,000 or more that qualify for  supplemental  general  State
33    aid   pursuant  to  this  subsection  shall  be  required  to
34    distribute from funds available pursuant to this Section,  no
 
                            -24-     LRB093 13629 NHT 19004 b
 1    less  than  $261,000,000  in  accordance  with  the following
 2    requirements:
 3             (a)  The required amounts shall  be  distributed  to
 4        the  attendance centers within the district in proportion
 5        to the number  of  pupils  enrolled  at  each  attendance
 6        center  who are eligible to receive free or reduced-price
 7        lunches or breakfasts under the federal  Child  Nutrition
 8        Act  of  1966  and  under  the  National School Lunch Act
 9        during the immediately preceding school year.
10             (b)  The   distribution   of   these   portions   of
11        supplemental  and  general  State  aid  among  attendance
12        centers according to  these  requirements  shall  not  be
13        compensated  for  or  contravened  by  adjustments of the
14        total of  other  funds  appropriated  to  any  attendance
15        centers, and the Board of Education shall utilize funding
16        from  one  or several sources in order to fully implement
17        this provision annually prior to the opening of school.
18             (c)  Each attendance center shall be provided by the
19        school district a distribution  of  noncategorical  funds
20        and other categorical funds to which an attendance center
21        is entitled under law in order that the general State aid
22        and   supplemental   general   State   aid   provided  by
23        application of this subsection  supplements  rather  than
24        supplants  the noncategorical funds and other categorical
25        funds provided by the school district to  the  attendance
26        centers.
27             (d)  Any  funds made available under this subsection
28        that by reason of the provisions of this  subsection  are
29        not  required  to be allocated and provided to attendance
30        centers may be used and appropriated by the board of  the
31        district for any lawful school purpose.
32             (e)  Funds received by an attendance center pursuant
33        to this subsection shall be used by the attendance center
34        at  the  discretion  of  the  principal  and local school
 
                            -25-     LRB093 13629 NHT 19004 b
 1        council for programs to improve educational opportunities
 2        at qualifying schools through the following programs  and
 3        services:  early  childhood education, reduced class size
 4        or improved adult to student classroom ratio,  enrichment
 5        programs,  remedial  assistance,  attendance improvement,
 6        and other  educationally  beneficial  expenditures  which
 7        supplement  the  regular and basic programs as determined
 8        by the State Board of Education. Funds provided shall not
 9        be expended for any political  or  lobbying  purposes  as
10        defined by board rule.
11             (f)  Each district subject to the provisions of this
12        subdivision  (H)(4)  shall  submit  an acceptable plan to
13        meet the educational needs of disadvantaged children,  in
14        compliance  with  the  requirements of this paragraph, to
15        the State Board of Education prior to  July  15  of  each
16        year. This plan shall be consistent with the decisions of
17        local  school  councils concerning the school expenditure
18        plans developed in accordance  with  part  4  of  Section
19        34-2.3.  The State Board shall approve or reject the plan
20        within  60  days  after  its  submission.  If the plan is
21        rejected, the  district  shall  give  written  notice  of
22        intent   to  modify  the  plan  within  15  days  of  the
23        notification of rejection and then submit a modified plan
24        within 30 days after the date of the  written  notice  of
25        intent  to  modify.  Districts  may  amend approved plans
26        pursuant to rules  promulgated  by  the  State  Board  of
27        Education.
28             Upon  notification  by  the State Board of Education
29        that the district has not submitted a plan prior to  July
30        15  or  a  modified plan within the time period specified
31        herein, the State aid funds  affected  by  that  plan  or
32        modified  plan  shall  be  withheld by the State Board of
33        Education until a plan or modified plan is submitted.
34             If the district fails to  distribute  State  aid  to
 
                            -26-     LRB093 13629 NHT 19004 b
 1        attendance  centers  in accordance with an approved plan,
 2        the plan for the following year shall allocate funds,  in
 3        addition   to   the  funds  otherwise  required  by  this
 4        subsection,  to  those  attendance  centers  which   were
 5        underfunded  during the previous year in amounts equal to
 6        such underfunding.
 7             For purposes of  determining  compliance  with  this
 8        subsection  in relation to the requirements of attendance
 9        center funding, each district subject to  the  provisions
10        of this subsection shall submit as a separate document by
11        December  1 of each year a report of expenditure data for
12        the prior year in addition to  any  modification  of  its
13        current  plan.  If it is determined that there has been a
14        failure to comply with the expenditure provisions of this
15        subsection regarding contravention  or  supplanting,  the
16        State  Superintendent  of Education shall, within 60 days
17        of receipt of the report, notify  the  district  and  any
18        affected local school council.  The district shall within
19        45  days of receipt of that notification inform the State
20        Superintendent of Education of the remedial or corrective
21        action to be taken, whether  by amendment of the  current
22        plan,  if  feasible, or by adjustment in the plan for the
23        following  year.   Failure  to  provide  the  expenditure
24        report or the  notification  of  remedial  or  corrective
25        action  in  a timely manner shall result in a withholding
26        of the affected funds.
27             The State Board of Education shall promulgate  rules
28        and  regulations  to  implement  the  provisions  of this
29        subsection.   No  funds  shall  be  released  under  this
30        subdivision (H)(4) to any district that has not submitted
31        a plan that has been  approved  by  the  State  Board  of
32        Education.

33    (I)  General State Aid for Newly Configured School Districts.
34        (1)  For  a  new  school  district  formed  by  combining
 
                            -27-     LRB093 13629 NHT 19004 b
 1    property   included  totally  within  2  or  more  previously
 2    existing school districts, for its first  year  of  existence
 3    the  general  State  aid  and  supplemental general State aid
 4    calculated under this Section shall be computed for  the  new
 5    district  and for the previously existing districts for which
 6    property is totally included within the new district.  If the
 7    computation on the basis of the previously existing districts
 8    is greater, a supplementary payment equal to  the  difference
 9    shall  be  made for the first 4 years of existence of the new
10    district.
11        (2)  For a school  district  which  annexes  all  of  the
12    territory  of  one or more entire other school districts, for
13    the  first  year  during  which  the  change  of   boundaries
14    attributable  to  such  annexation  becomes effective for all
15    purposes as determined under Section 7-9 or 7A-8, the general
16    State aid and supplemental general State aid calculated under
17    this Section shall be computed for the annexing  district  as
18    constituted  after  the  annexation  and for the annexing and
19    each annexed district as constituted prior to the annexation;
20    and if the computation on  the  basis  of  the  annexing  and
21    annexed  districts  as constituted prior to the annexation is
22    greater, a supplementary  payment  equal  to  the  difference
23    shall  be  made  for  the  first  4 years of existence of the
24    annexing school district as constituted upon such annexation.
25        (3)  For 2 or more school districts which  annex  all  of
26    the  territory  of one or more entire other school districts,
27    and for 2 or more community unit districts which result  upon
28    the  division  (pursuant  to petition under Section 11A-2) of
29    one or more other unit school districts into 2 or more  parts
30    and  which  together include all of the parts into which such
31    other unit school district or districts are so  divided,  for
32    the   first  year  during  which  the  change  of  boundaries
33    attributable to such annexation or division becomes effective
34    for all purposes as determined under Section 7-9  or  11A-10,
 
                            -28-     LRB093 13629 NHT 19004 b
 1    as  the  case  may be, the general State aid and supplemental
 2    general State aid calculated  under  this  Section  shall  be
 3    computed   for   each   annexing  or  resulting  district  as
 4    constituted after the annexation or  division  and  for  each
 5    annexing  and  annexed  district,  or  for each resulting and
 6    divided district, as constituted prior to the  annexation  or
 7    division;  and  if the aggregate of the general State aid and
 8    supplemental  general  State  aid  as  so  computed  for  the
 9    annexing or resulting  districts  as  constituted  after  the
10    annexation  or  division  is  less  than the aggregate of the
11    general State aid and supplemental general State  aid  as  so
12    computed  for  the annexing and annexed districts, or for the
13    resulting and divided districts, as constituted prior to  the
14    annexation or division, then a supplementary payment equal to
15    the  difference  shall be made and allocated between or among
16    the annexing or resulting districts, as constituted upon such
17    annexation or division,  for  the  first  4  years  of  their
18    existence.   The  total difference payment shall be allocated
19    between or among the annexing or resulting districts  in  the
20    same  ratio  as the pupil enrollment from that portion of the
21    annexed or divided district or districts which is annexed  to
22    or included in each such annexing or resulting district bears
23    to  the  total  pupil  enrollment  from the entire annexed or
24    divided district or districts, as such  pupil  enrollment  is
25    determined  for the school year last ending prior to the date
26    when the change of boundaries attributable to the  annexation
27    or  division  becomes effective for all purposes.  The amount
28    of the total difference payment and the amount thereof to  be
29    allocated  to  the  annexing  or resulting districts shall be
30    computed by the State Board of  Education  on  the  basis  of
31    pupil  enrollment  and other data which shall be certified to
32    the State Board of Education, on forms which it shall provide
33    for that purpose, by the regional superintendent  of  schools
34    for each educational service region in which the annexing and
 
                            -29-     LRB093 13629 NHT 19004 b
 1    annexed  districts,  or  resulting  and divided districts are
 2    located.
 3        (3.5)  Claims  for  financial   assistance   under   this
 4    subsection  (I)  shall  not be recomputed except as expressly
 5    provided under this Section.
 6        (4)  Any supplementary payment made under this subsection
 7    (I) shall be treated as separate from all other payments made
 8    pursuant to this Section.

 9    (J)  Supplementary Grants in Aid.
10        (1)  Notwithstanding  any  other   provisions   of   this
11    Section,  the  amount  of  the aggregate general State aid in
12    combination with supplemental general State  aid  under  this
13    Section  for  which each school district is eligible shall be
14    no less than the amount of the aggregate  general  State  aid
15    entitlement  that  was received by the district under Section
16    18-8 (exclusive of amounts received  under  subsections  5(p)
17    and  5(p-5)  of  that  Section)  for the 1997-98 school year,
18    pursuant to the provisions of that Section as it was then  in
19    effect.   If   a  school  district  qualifies  to  receive  a
20    supplementary payment made under  this  subsection  (J),  the
21    amount of the aggregate general State aid in combination with
22    supplemental  general State aid under this Section which that
23    district is eligible to receive for each school year shall be
24    no less than the amount of the aggregate  general  State  aid
25    entitlement  that  was received by the district under Section
26    18-8 (exclusive of amounts received  under  subsections  5(p)
27    and  5(p-5)  of  that Section) for the 1997-1998 school year,
28    pursuant to the provisions of that Section as it was then  in
29    effect.
30        (2)  If,  as provided in paragraph (1) of this subsection
31    (J), a school district is to receive aggregate general  State
32    aid  in combination with supplemental general State aid under
33    this Section for the 1998-99 school year and  any  subsequent
34    school  year  that  in  any such school year is less than the
 
                            -30-     LRB093 13629 NHT 19004 b
 1    amount of the aggregate general State  aid  entitlement  that
 2    the district received for the 1997-98 school year, the school
 3    district  shall  also  receive, from a separate appropriation
 4    made for purposes of this  subsection  (J),  a  supplementary
 5    payment  that is equal to the amount of the difference in the
 6    aggregate State aid figures as described in paragraph (1).
 7        (3)  (Blank).

 8    (K)  Grants to Laboratory and Alternative Schools.
 9        In calculating the amount to be  paid  to  the  governing
10    board  of  a  public  university  that  operates a laboratory
11    school under this Section or to any alternative  school  that
12    is  operated  by  a  regional  superintendent of schools, the
13    State Board of Education shall require by rule such reporting
14    requirements as it deems necessary.
15        As used in this  Section,  "laboratory  school"  means  a
16    public  school  which  is  created  and  operated by a public
17    university and approved by the State Board of Education.  The
18    governing board of a public university which  receives  funds
19    from  the  State  Board  under  this  subsection  (K) may not
20    increase the number of students enrolled  in  its  laboratory
21    school  from  a  single district, if that district is already
22    sending 50 or more students, except under a mutual  agreement
23    between the school board of a student's district of residence
24    and  the  university which operates the laboratory school.  A
25    laboratory school may not  have  more  than  1,000  students,
26    excluding  students  with disabilities in a special education
27    program.
28        As used in this Section,  "alternative  school"  means  a
29    public  school  which  is  created and operated by a Regional
30    Superintendent of Schools and approved by the State Board  of
31    Education.   Such  alternative  schools  may offer courses of
32    instruction for which  credit  is  given  in  regular  school
33    programs,  courses  to  prepare  students for the high school
34    equivalency testing program or  vocational  and  occupational
 
                            -31-     LRB093 13629 NHT 19004 b
 1    training.   A regional superintendent of schools may contract
 2    with a school district or a public community college district
 3    to  operate  an  alternative  school.   An alternative school
 4    serving more than  one  educational  service  region  may  be
 5    established by the regional superintendents of schools of the
 6    affected  educational service regions.  An alternative school
 7    serving more than  one  educational  service  region  may  be
 8    operated  under such terms as the regional superintendents of
 9    schools of those educational service regions may agree.
10        Each laboratory and alternative  school  shall  file,  on
11    forms  provided  by the State Superintendent of Education, an
12    annual  State  aid  claim  which  states  the  Average  Daily
13    Attendance of the school's students by  month.   The  best  3
14    months'  Average  Daily Attendance shall be computed for each
15    school. The general State aid entitlement shall  be  computed
16    by multiplying the applicable Average Daily Attendance by the
17    Foundation Level as determined under this Section.

18    (L)  Payments,   Additional   Grants   in   Aid   and   Other
19    Requirements.
20        (1)  For  a school district operating under the financial
21    supervision of an Authority created under  Article  34A,  the
22    general  State  aid  otherwise payable to that district under
23    this Section, but not the  supplemental  general  State  aid,
24    shall  be  reduced  by  an amount equal to the budget for the
25    operations of the Authority as certified by the Authority  to
26    the  State  Board  of  Education, and an amount equal to such
27    reduction shall be paid to the  Authority  created  for  such
28    district for its operating expenses in the manner provided in
29    Section 18-11.  The remainder of general State school aid for
30    any  such  district  shall be paid in accordance with Article
31    34A when that Article provides for a disposition  other  than
32    that provided by this Article.
33        (2)  (Blank).
34        (3)  Summer school.  Summer school payments shall be made
 
                            -32-     LRB093 13629 NHT 19004 b
 1    as provided in Section 18-4.3.

 2    (M)  Education Funding Advisory Board.
 3        The Education Funding Advisory Board, hereinafter in this
 4    subsection (M) referred to as the "Board", is hereby created.
 5    The Board shall consist of 5 members who are appointed by the
 6    Governor,  by  and with the advice and consent of the Senate.
 7    The  members  appointed  shall  include  representatives   of
 8    education,  business,  and  the  general  public.  One of the
 9    members so appointed shall be designated by the  Governor  at
10    the  time  the  appointment is made as the chairperson of the
11    Board. The initial members of the Board may be appointed  any
12    time after the effective date of this amendatory Act of 1997.
13    The  regular  term of each member of the Board shall be for 4
14    years from the third Monday of January of the year  in  which
15    the  term  of the member's appointment is to commence, except
16    that of the 5 initial  members  appointed  to  serve  on  the
17    Board,  the  member who is appointed as the chairperson shall
18    serve for a term that commences on the date  of  his  or  her
19    appointment and expires on the third Monday of January, 2002,
20    and  the  remaining  4  members,  by  lots drawn at the first
21    meeting of the Board that is held after  all  5  members  are
22    appointed,  shall  determine  2  of their number to serve for
23    terms  that  commence  on  the  date  of   their   respective
24    appointments and expire on the third Monday of January, 2001,
25    and 2 of their number to serve for terms that commence on the
26    date of their respective appointments and expire on the third
27    Monday  of  January, 2000.  All members appointed to serve on
28    the Board shall serve until their respective  successors  are
29    appointed  and  confirmed.   Vacancies shall be filled in the
30    same manner  as  original  appointments.   If  a  vacancy  in
31    membership  occurs  at  a  time  when  the  Senate  is not in
32    session, the Governor  shall  make  a  temporary  appointment
33    until  the  next  meeting of the Senate, when he or she shall
34    appoint, by and with the advice and consent of the Senate,  a
 
                            -33-     LRB093 13629 NHT 19004 b
 1    person  to  fill  that membership for the unexpired term.  If
 2    the Senate is not in session when  the  initial  appointments
 3    are  made, those appointments shall be made as in the case of
 4    vacancies.
 5        The Education Funding  Advisory  Board  shall  be  deemed
 6    established,   and  the  initial  members  appointed  by  the
 7    Governor to serve as members of the Board shall take  office,
 8    on the date that the Governor makes his or her appointment of
 9    the  fifth initial member of the Board, whether those initial
10    members  are  then  serving  pursuant  to   appointment   and
11    confirmation  or  pursuant to temporary appointments that are
12    made by the Governor as in the case of vacancies.
13        The State Board of Education  shall  provide  such  staff
14    assistance  to  the  Education  Funding  Advisory Board as is
15    reasonably required for the proper performance by  the  Board
16    of its responsibilities.
17        For  school  years  after  the 2000-2001 school year, the
18    Education Funding Advisory Board, in  consultation  with  the
19    State  Board  of  Education,  shall  make  recommendations as
20    provided in this subsection (M) to the General  Assembly  for
21    the foundation level under subdivision (B)(3) of this Section
22    and  for the supplemental general State aid grant level under
23    subsection (H)  of  this  Section  for  districts  with  high
24    concentrations  of  children  from  poverty.  The recommended
25    foundation level shall be determined based on  a  methodology
26    which   incorporates  the  basic  education  expenditures  of
27    low-spending schools exhibiting  high  academic  performance.
28    The   Education   Funding  Advisory  Board  shall  make  such
29    recommendations to the General Assembly on January 1  of  odd
30    numbered years, beginning January 1, 2001.

31    (N)  (Blank).

32    (O)  References.
33        (1)  References in other laws to the various subdivisions
 
                            -34-     LRB093 13629 NHT 19004 b
 1    of Section 18-8 as that Section existed before its repeal and
 2    replacement  by this Section 18-8.05 shall be deemed to refer
 3    to the corresponding provisions of this Section  18-8.05,  to
 4    the extent that those references remain applicable.
 5        (2)  References  in  other  laws to State Chapter 1 funds
 6    shall be deemed to refer to the  supplemental  general  State
 7    aid provided under subsection (H) of this Section.
 8    (Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29,
 9    eff.  7-1-01;  92-269,  eff.  8-7-01;  92-604,  eff.  7-1-02;
10    92-636,  eff.  7-11-02;  92-651,  eff.  7-11-02;  93-21, eff.
11    7-1-03.)

12        (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
13        Sec. 24-2.  Holidays.  Teachers shall not be required  to
14    teach  on  Saturdays;  nor  shall  teachers  or  other school
15    employees, other than noncertificated school employees  whose
16    presence  is  necessary  because  of  an emergency or for the
17    continued operation and maintenance of school  facilities  or
18    property, be required to work on legal school holidays, which
19    are  January  1, New Year's Day; the third Monday in January,
20    observance of the Birthday of Dr. Martin  Luther  King,  Jr.;
21    the  third  Monday in February 12, observance of the Birthday
22    of President Abraham  Lincoln;  the  first  Monday  in  March
23    observance  of  (to  be known as Casimir Pulaski's birthday);
24    Good Friday; the day designated as Memorial  Day  by  federal
25    law; July 4, Independence Day; the first Monday in September,
26    Labor  Day;  the  second Monday in October, Columbus Day; the
27    second Monday in November 11, observance  of  Veteran's  Day;
28    the  Thursday  in  November commonly called Thanksgiving Day;
29    and December 25,  Christmas  Day.  School  boards  may  grant
30    special  holidays  on  any Monday or Friday whenever in their
31    judgment such action is  advisable,  except  that  no  school
32    board  or  board  of  education may designate or observe as a
33    special holiday on which teachers or other  school  employees
 
                            -35-     LRB093 13629 NHT 19004 b
 1    are  not required to work the days on which general elections
 2    for members of the  Illinois  House  of  Representatives  are
 3    held.   No   deduction   shall  be  made  from  the  time  or
 4    compensation of a school employee on account of any legal  or
 5    special holiday.
 6        Commemorative   holidays,   which   recognize   specified
 7    patriotic, civic, cultural or historical persons, activities,
 8    or  events,  are  regular school days. Commemorative holidays
 9    are: January 28 (to be known as  Christa  McAuliffe  Day  and
10    observed  as  a commemoration of space exploration), February
11    15 (the birthday of Susan B. Anthony), March 29 (Viet Nam War
12    Veterans  Day),  September  11   (September   11th   Day   of
13    Remembrance),  the school day immediately preceding Veteran's
14    Day (Korean War Veterans Day),  October  1  (Recycling  Day),
15    December  7  (Pearl  Harbor  Veterans  Day)  and  any  day so
16    appointed by the President or Governor.   School  boards  may
17    establish  commemorative  holidays whenever in their judgment
18    such  action  is  advisable.  School  boards  shall   include
19    instruction  relative to commemorated persons, activities, or
20    events on the commemorative holiday  or  at  any  other  time
21    during  the  school  year  and at any point in the curriculum
22    when such instruction may be deemed  appropriate.  The  State
23    Board of Education shall prepare and make available to school
24    boards   instructional  materials  relative  to  commemorated
25    persons, activities, or events which may be  used  by  school
26    boards  in conjunction with any instruction provided pursuant
27    to this paragraph.
28        City of Chicago School District 299 shall observe March 4
29    of each year as a commemorative holiday.  This holiday  shall
30    be  known  as Mayors' Day which shall be a day to commemorate
31    and be reminded of the past Chief Executive Officers  of  the
32    City  of Chicago, and in particular the late Mayor Richard J.
33    Daley and the late Mayor Harold Washington.  If March 4 falls
34    on a Saturday or Sunday, Mayors' Day shall be observed on the
 
                            -36-     LRB093 13629 NHT 19004 b
 1    following Monday.
 2    (Source: P.A. 92-704, eff. 7-19-02.)

 3        Section 99.  Effective date.  This Act  takes  effect  on
 4    July 1, 2004.