Illinois General Assembly - Full Text of HB3223
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Full Text of HB3223  97th General Assembly

HB3223enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-29 and 18-8.05 as follows:
 
6    (105 ILCS 5/10-29)
7    Sec. 10-29. Remote educational programs.
8    (a) For purposes of this Section, "remote educational
9program" means an educational program delivered to students in
10the home or other location outside of a school building that
11meets all of the following criteria:
12        (1) A student may participate in the program only after
13    the school district, pursuant to adopted school board
14    policy, and a person authorized to enroll the student under
15    Section 10-20.12b of this Code determine that a remote
16    educational program will best serve the student's
17    individual learning needs. The adopted school board policy
18    shall include, but not be limited to, all of the following:
19            (A) Criteria for determining that a remote
20        educational program will best serve a student's
21        individual learning needs. The criteria must include
22        consideration of, at a minimum, a student's prior
23        attendance, disciplinary record, and academic history.

 

 

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1            (B) Any limitations on the number of students or
2        grade levels that may participate in a remote
3        educational program.
4            (C) A description of the process that the school
5        district will use to approve participation in the
6        remote educational program. The process must include
7        without limitation a requirement that, for any student
8        who qualifies to receive services pursuant to the
9        federal Individuals with Disabilities Education
10        Improvement Act of 2004, the student's participation
11        in a remote educational program receive prior approval
12        from the student's individualized education program
13        team.
14            (D) A description of the process the school
15        district will use to develop and approve a written
16        remote educational plan that meets the requirements of
17        subdivision (5) of this subsection (a).
18            (E) A description of the system the school district
19        will establish to calculate the number of clock hours a
20        student is participating in instruction in accordance
21        with the remote educational program.
22            (F) A description of the process for renewing a
23        remote educational program at the expiration of its
24        term.
25            (G) Such other terms and provisions as the school
26        district deems necessary to provide for the

 

 

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1        establishment and delivery of a remote educational
2        program.
3        (2) The school district has determined that the remote
4    educational program's curriculum is aligned to State
5    learning standards and that the program offers instruction
6    and educational experiences consistent with those given to
7    students at the same grade level in the district.
8        (3) The remote educational program is delivered by
9    instructors that meet the following qualifications:
10            (A) they are certificated under Article 21 of this
11        Code;
12            (B) they meet applicable highly qualified criteria
13        under the federal No Child Left Behind Act of 2001; and
14            (C) they have responsibility for all of the
15        following elements of the program: planning
16        instruction, diagnosing learning needs, prescribing
17        content delivery through class activities, assessing
18        learning, reporting outcomes to administrators and
19        parents and guardians, and evaluating the effects of
20        instruction.
21        (4) During the period of time from and including the
22    opening date to the closing date of the calendar year
23    included within the regular school term of the school
24    district established pursuant to Section 10-19 of this
25    Code, participation in a remote educational program may be
26    claimed for general State aid purposes under Section

 

 

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1    18-8.05 of this Code on any calendar day, notwithstanding
2    whether the day is a day of pupil attendance or institute
3    day on the school district's calendar or any other
4    provision of law restricting instruction on that day only
5    on days of pupil attendance or institute days included
6    within the school district's calendar established pursuant
7    to Section 10-19 of this Code. If the district holds
8    year-round classes in some buildings, the district shall
9    classify each student's participation in a remote
10    educational program as either on a year-round or a
11    non-year-round schedule for purposes of claiming general
12    State aid. Outside of the regular school term of the
13    district, the remote educational program may be offered as
14    part of any summer school program authorized by this Code.
15        (5) Each student participating in a remote educational
16    program must have a written remote educational plan that
17    has been approved by the school district and a person
18    authorized to enroll the student under Section 10-20.12b of
19    this Code. The school district and a person authorized to
20    enroll the student under Section 10-20.12b of this Code
21    must approve any amendment to a remote educational plan.
22    The remote educational plan must include, but is not
23    limited to, all of the following:
24            (A) Specific achievement goals for the student
25        aligned to State learning standards.
26            (B) A description of all assessments that will be

 

 

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1        used to measure student progress, which description
2        shall indicate the assessments that will be
3        administered at an attendance center within the school
4        district.
5            (C) A description of the progress reports that will
6        be provided to the school district and the person or
7        persons authorized to enroll the student under Section
8        10-20.12b of this Code.
9            (D) Expectations, processes, and schedules for
10        interaction between a teacher and student.
11            (E) A description of the specific responsibilities
12        of the student's family and the school district with
13        respect to equipment, materials, phone and Internet
14        service, and any other requirements applicable to the
15        home or other location outside of a school building
16        necessary for the delivery of the remote educational
17        program.
18            (F) If applicable, a description of how the remote
19        educational program will be delivered in a manner
20        consistent with the student's individualized education
21        program required by Section 614(d) of the federal
22        Individuals with Disabilities Education Improvement
23        Act of 2004 or plan to ensure compliance with Section
24        504 of the federal Rehabilitation Act of 1973.
25            (G) A description of the procedures and
26        opportunities for participation in academic and

 

 

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1        extra-curricular activities and programs within the
2        school district.
3            (H) The identification of a parent, guardian, or
4        other responsible adult who will provide direct
5        supervision of the program. The plan must include an
6        acknowledgment by the parent, guardian, or other
7        responsible adult that he or she may engage only in
8        non-teaching duties not requiring instructional
9        judgment or the evaluation of a student. The plan shall
10        designate the parent, guardian, or other responsible
11        adult as non-teaching personnel or volunteer personnel
12        under subsection (a) of Section 10-22.34 of this Code.
13            (I) The identification of a school district
14        administrator who will oversee the remote educational
15        program on behalf of the school district and who may be
16        contacted by the student's parents with respect to any
17        issues or concerns with the program.
18            (J) The term of the student's participation in the
19        remote educational program, which may not extend for
20        longer than 12 months, unless the term is renewed by
21        the district in accordance with subdivision (7) of this
22        subsection (a).
23            (K) A description of the specific location or
24        locations in which the program will be delivered. If
25        the remote educational program is to be delivered to a
26        student in any location other than the student's home,

 

 

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1        the plan must include a written determination by the
2        school district that the location will provide a
3        learning environment appropriate for the delivery of
4        the program. The location or locations in which the
5        program will be delivered shall be deemed a long
6        distance teaching reception area under subsection (a)
7        of Section 10-22.34 of this Code.
8            (L) Certification by the school district that the
9        plan meets all other requirements of this Section.
10        (6) Students participating in a remote educational
11    program must be enrolled in a school district attendance
12    center pursuant to the school district's enrollment policy
13    or policies. A student participating in a remote
14    educational program must be tested as part of all
15    assessments administered by the school district pursuant
16    to Section 2-3.64 of this Code at the attendance center in
17    which the student is enrolled and in accordance with the
18    attendance center's assessment policies and schedule. The
19    student must be included within all adequate yearly
20    progress and other accountability determinations for the
21    school district and attendance center under State and
22    federal law.
23        (7) The term of a student's participation in a remote
24    educational program may not extend for longer than 12
25    months, unless the term is renewed by the school district.
26    The district may only renew a student's participation in a

 

 

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1    remote educational program following an evaluation of the
2    student's progress in the program, a determination that the
3    student's continuation in the program will best serve the
4    student's individual learning needs, and an amendment to
5    the student's written remote educational plan addressing
6    any changes for the upcoming term of the program.
7    (b) A school district may, by resolution of its school
8board, establish a remote educational program.
9    (c) Clock hours of instruction Days of attendance by
10students in a remote educational program meeting the
11requirements of this Section may be claimed by the school
12district and shall be counted as school work for general State
13aid purposes in accordance with and subject to the limitations
14of Section 18-8.05 of this Code.
15    (d) The impact of remote educational programs on wages,
16hours, and terms and conditions of employment of educational
17employees within the school district shall be subject to local
18collective bargaining agreements.
19    (e) The use of a home or other location outside of a school
20building for a remote educational program shall not cause the
21home or other location to be deemed a public school facility.
22    (f) A remote educational program may be used, but is not
23required, for instruction delivered to a student in the home or
24other location outside of a school building that is not claimed
25for general State aid purposes under Section 18-8.05 of this
26Code.

 

 

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1    (g) School districts that, pursuant to this Section, adopt
2a policy for a remote educational program must submit to the
3State Board of Education a copy of the policy and any
4amendments thereto, as well as data on student participation in
5a format specified by the State Board of Education. The State
6Board of Education may perform or contract with an outside
7entity to perform an evaluation of remote educational programs
8in this State.
9    (h) The State Board of Education may adopt any rules
10necessary to ensure compliance by remote educational programs
11with the requirements of this Section and other applicable
12legal requirements.
13(Source: P.A. 96-684, eff. 8-25-09.)
 
14    (105 ILCS 5/18-8.05)
15    Sec. 18-8.05. Basis for apportionment of general State
16financial aid and supplemental general State aid to the common
17schools for the 1998-1999 and subsequent school years.
 
18(A) General Provisions.
19    (1) The provisions of this Section apply to the 1998-1999
20and subsequent school years. The system of general State
21financial aid provided for in this Section is designed to
22assure that, through a combination of State financial aid and
23required local resources, the financial support provided each
24pupil in Average Daily Attendance equals or exceeds a

 

 

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1prescribed per pupil Foundation Level. This formula approach
2imputes a level of per pupil Available Local Resources and
3provides for the basis to calculate a per pupil level of
4general State financial aid that, when added to Available Local
5Resources, equals or exceeds the Foundation Level. The amount
6of per pupil general State financial aid for school districts,
7in general, varies in inverse relation to Available Local
8Resources. Per pupil amounts are based upon each school
9district's Average Daily Attendance as that term is defined in
10this Section.
11    (2) In addition to general State financial aid, school
12districts with specified levels or concentrations of pupils
13from low income households are eligible to receive supplemental
14general State financial aid grants as provided pursuant to
15subsection (H). The supplemental State aid grants provided for
16school districts under subsection (H) shall be appropriated for
17distribution to school districts as part of the same line item
18in which the general State financial aid of school districts is
19appropriated under this Section.
20    (3) To receive financial assistance under this Section,
21school districts are required to file claims with the State
22Board of Education, subject to the following requirements:
23        (a) Any school district which fails for any given
24    school year to maintain school as required by law, or to
25    maintain a recognized school is not eligible to file for
26    such school year any claim upon the Common School Fund. In

 

 

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1    case of nonrecognition of one or more attendance centers in
2    a school district otherwise operating recognized schools,
3    the claim of the district shall be reduced in the
4    proportion which the Average Daily Attendance in the
5    attendance center or centers bear to the Average Daily
6    Attendance in the school district. A "recognized school"
7    means any public school which meets the standards as
8    established for recognition by the State Board of
9    Education. A school district or attendance center not
10    having recognition status at the end of a school term is
11    entitled to receive State aid payments due upon a legal
12    claim which was filed while it was recognized.
13        (b) School district claims filed under this Section are
14    subject to Sections 18-9 and 18-12, except as otherwise
15    provided in this Section.
16        (c) If a school district operates a full year school
17    under Section 10-19.1, the general State aid to the school
18    district shall be determined by the State Board of
19    Education in accordance with this Section as near as may be
20    applicable.
21        (d) (Blank).
22    (4) Except as provided in subsections (H) and (L), the
23board of any district receiving any of the grants provided for
24in this Section may apply those funds to any fund so received
25for which that board is authorized to make expenditures by law.
26    School districts are not required to exert a minimum

 

 

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1Operating Tax Rate in order to qualify for assistance under
2this Section.
3    (5) As used in this Section the following terms, when
4capitalized, shall have the meaning ascribed herein:
5        (a) "Average Daily Attendance": A count of pupil
6    attendance in school, averaged as provided for in
7    subsection (C) and utilized in deriving per pupil financial
8    support levels.
9        (b) "Available Local Resources": A computation of
10    local financial support, calculated on the basis of Average
11    Daily Attendance and derived as provided pursuant to
12    subsection (D).
13        (c) "Corporate Personal Property Replacement Taxes":
14    Funds paid to local school districts pursuant to "An Act in
15    relation to the abolition of ad valorem personal property
16    tax and the replacement of revenues lost thereby, and
17    amending and repealing certain Acts and parts of Acts in
18    connection therewith", certified August 14, 1979, as
19    amended (Public Act 81-1st S.S.-1).
20        (d) "Foundation Level": A prescribed level of per pupil
21    financial support as provided for in subsection (B).
22        (e) "Operating Tax Rate": All school district property
23    taxes extended for all purposes, except Bond and Interest,
24    Summer School, Rent, Capital Improvement, and Vocational
25    Education Building purposes.
 

 

 

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1(B) Foundation Level.
2    (1) The Foundation Level is a figure established by the
3State representing the minimum level of per pupil financial
4support that should be available to provide for the basic
5education of each pupil in Average Daily Attendance. As set
6forth in this Section, each school district is assumed to exert
7a sufficient local taxing effort such that, in combination with
8the aggregate of general State financial aid provided the
9district, an aggregate of State and local resources are
10available to meet the basic education needs of pupils in the
11district.
12    (2) For the 1998-1999 school year, the Foundation Level of
13support is $4,225. For the 1999-2000 school year, the
14Foundation Level of support is $4,325. For the 2000-2001 school
15year, the Foundation Level of support is $4,425. For the
162001-2002 school year and 2002-2003 school year, the Foundation
17Level of support is $4,560. For the 2003-2004 school year, the
18Foundation Level of support is $4,810. For the 2004-2005 school
19year, the Foundation Level of support is $4,964. For the
202005-2006 school year, the Foundation Level of support is
21$5,164. For the 2006-2007 school year, the Foundation Level of
22support is $5,334. For the 2007-2008 school year, the
23Foundation Level of support is $5,734. For the 2008-2009 school
24year, the Foundation Level of support is $5,959.
25    (3) For the 2009-2010 school year and each school year
26thereafter, the Foundation Level of support is $6,119 or such

 

 

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1greater amount as may be established by law by the General
2Assembly.
 
3(C) Average Daily Attendance.
4    (1) For purposes of calculating general State aid pursuant
5to subsection (E), an Average Daily Attendance figure shall be
6utilized. The Average Daily Attendance figure for formula
7calculation purposes shall be the monthly average of the actual
8number of pupils in attendance of each school district, as
9further averaged for the best 3 months of pupil attendance for
10each school district. In compiling the figures for the number
11of pupils in attendance, school districts and the State Board
12of Education shall, for purposes of general State aid funding,
13conform attendance figures to the requirements of subsection
14(F).
15    (2) The Average Daily Attendance figures utilized in
16subsection (E) shall be the requisite attendance data for the
17school year immediately preceding the school year for which
18general State aid is being calculated or the average of the
19attendance data for the 3 preceding school years, whichever is
20greater. The Average Daily Attendance figures utilized in
21subsection (H) shall be the requisite attendance data for the
22school year immediately preceding the school year for which
23general State aid is being calculated.
 
24(D) Available Local Resources.

 

 

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

 

 

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1maintaining grades 9 through 12, local property tax revenues
2per pupil shall be the applicable equalized assessed valuation
3of the district multiplied by 1.05%, and divided by the
4district's Average Daily Attendance figure.
5    For partial elementary unit districts created pursuant to
6Article 11E of this Code, local property tax revenues per pupil
7shall be calculated as the product of the equalized assessed
8valuation for property within the partial elementary unit
9district for elementary purposes, as defined in Article 11E of
10this Code, multiplied by 2.06% and divided by the district's
11Average Daily Attendance figure, plus the product of the
12equalized assessed valuation for property within the partial
13elementary unit district for high school purposes, as defined
14in Article 11E of this Code, multiplied by 0.94% and divided by
15the district's Average Daily Attendance figure.
16    (4) The Corporate Personal Property Replacement Taxes paid
17to each school district during the calendar year one year
18before the calendar year in which a school year begins, divided
19by the Average Daily Attendance figure for that district, shall
20be added to the local property tax revenues per pupil as
21derived by the application of the immediately preceding
22paragraph (3). The sum of these per pupil figures for each
23school district shall constitute Available Local Resources as
24that term is utilized in subsection (E) in the calculation of
25general State aid.
 

 

 

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1(E) Computation of General State Aid.
2    (1) For each school year, the amount of general State aid
3allotted to a school district shall be computed by the State
4Board of Education as provided in this subsection.
5    (2) For any school district for which Available Local
6Resources per pupil is less than the product of 0.93 times the
7Foundation Level, general State aid for that district shall be
8calculated as an amount equal to the Foundation Level minus
9Available Local Resources, multiplied by the Average Daily
10Attendance of the school district.
11    (3) For any school district for which Available Local
12Resources per pupil is equal to or greater than the product of
130.93 times the Foundation Level and less than the product of
141.75 times the Foundation Level, the general State aid per
15pupil shall be a decimal proportion of the Foundation Level
16derived using a linear algorithm. Under this linear algorithm,
17the calculated general State aid per pupil shall decline in
18direct linear fashion from 0.07 times the Foundation Level for
19a school district with Available Local Resources equal to the
20product of 0.93 times the Foundation Level, to 0.05 times the
21Foundation Level for a school district with Available Local
22Resources equal to the product of 1.75 times the Foundation
23Level. The allocation of general State aid for school districts
24subject to this paragraph 3 shall be the calculated general
25State aid per pupil figure multiplied by the Average Daily
26Attendance of the school district.

 

 

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1    (4) For any school district for which Available Local
2Resources per pupil equals or exceeds the product of 1.75 times
3the Foundation Level, the general State aid for the school
4district shall be calculated as the product of $218 multiplied
5by the Average Daily Attendance of the school district.
6    (5) The amount of general State aid allocated to a school
7district for the 1999-2000 school year meeting the requirements
8set forth in paragraph (4) of subsection (G) shall be increased
9by an amount equal to the general State aid that would have
10been received by the district for the 1998-1999 school year by
11utilizing the Extension Limitation Equalized Assessed
12Valuation as calculated in paragraph (4) of subsection (G) less
13the general State aid allotted for the 1998-1999 school year.
14This amount shall be deemed a one time increase, and shall not
15affect any future general State aid allocations.
 
16(F) Compilation of Average Daily Attendance.
17    (1) Each school district shall, by July 1 of each year,
18submit to the State Board of Education, on forms prescribed by
19the State Board of Education, attendance figures for the school
20year that began in the preceding calendar year. The attendance
21information so transmitted shall identify the average daily
22attendance figures for each month of the school year. Beginning
23with the general State aid claim form for the 2002-2003 school
24year, districts shall calculate Average Daily Attendance as
25provided in subdivisions (a), (b), and (c) of this paragraph

 

 

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1(1).
2        (a) In districts that do not hold year-round classes,
3    days of attendance in August shall be added to the month of
4    September and any days of attendance in June shall be added
5    to the month of May.
6        (b) In districts in which all buildings hold year-round
7    classes, days of attendance in July and August shall be
8    added to the month of September and any days of attendance
9    in June shall be added to the month of May.
10        (c) In districts in which some buildings, but not all,
11    hold year-round classes, for the non-year-round buildings,
12    days of attendance in August shall be added to the month of
13    September and any days of attendance in June shall be added
14    to the month of May. The average daily attendance for the
15    year-round buildings shall be computed as provided in
16    subdivision (b) of this paragraph (1). To calculate the
17    Average Daily Attendance for the district, the average
18    daily attendance for the year-round buildings shall be
19    multiplied by the days in session for the non-year-round
20    buildings for each month and added to the monthly
21    attendance of the non-year-round buildings.
22    Except as otherwise provided in this Section, days of
23attendance by pupils shall be counted only for sessions of not
24less than 5 clock hours of school work per day under direct
25supervision of: (i) teachers, or (ii) non-teaching personnel or
26volunteer personnel when engaging in non-teaching duties and

 

 

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1supervising in those instances specified in subsection (a) of
2Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
3of legal school age and in kindergarten and grades 1 through
412.
5    Days of attendance by tuition pupils shall be accredited
6only to the districts that pay the tuition to a recognized
7school.
8    (2) Days of attendance by pupils of less than 5 clock hours
9of school shall be subject to the following provisions in the
10compilation of Average Daily Attendance.
11        (a) Pupils regularly enrolled in a public school for
12    only a part of the school day may be counted on the basis
13    of 1/6 day for every class hour of instruction of 40
14    minutes or more attended pursuant to such enrollment,
15    unless a pupil is enrolled in a block-schedule format of 80
16    minutes or more of instruction, in which case the pupil may
17    be counted on the basis of the proportion of minutes of
18    school work completed each day to the minimum number of
19    minutes that school work is required to be held that day.
20        (b) Days of attendance may be less than 5 clock hours
21    on the opening and closing of the school term, and upon the
22    first day of pupil attendance, if preceded by a day or days
23    utilized as an institute or teachers' workshop.
24        (c) A session of 4 or more clock hours may be counted
25    as a day of attendance upon certification by the regional
26    superintendent, and approved by the State Superintendent

 

 

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1    of Education to the extent that the district has been
2    forced to use daily multiple sessions.
3        (d) A session of 3 or more clock hours may be counted
4    as a day of attendance (1) when the remainder of the school
5    day or at least 2 hours in the evening of that day is
6    utilized for an in-service training program for teachers,
7    up to a maximum of 5 days per school year, provided a
8    district conducts an in-service training program for
9    teachers in accordance with Section 10-22.39 of this Code;
10    or, in lieu of 4 such days, 2 full days may be used, in
11    which event each such day may be counted as a day required
12    for a legal school calendar pursuant to Section 10-19 of
13    this Code; (1.5) when, of the 5 days allowed under item
14    (1), a maximum of 4 days are used for parent-teacher
15    conferences, or, in lieu of 4 such days, 2 full days are
16    used, in which case each such day may be counted as a
17    calendar day required under Section 10-19 of this Code,
18    provided that the full-day, parent-teacher conference
19    consists of (i) a minimum of 5 clock hours of
20    parent-teacher conferences, (ii) both a minimum of 2 clock
21    hours of parent-teacher conferences held in the evening
22    following a full day of student attendance, as specified in
23    subsection (F)(1)(c), and a minimum of 3 clock hours of
24    parent-teacher conferences held on the day immediately
25    following evening parent-teacher conferences, or (iii)
26    multiple parent-teacher conferences held in the evenings

 

 

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1    following full days of student attendance, as specified in
2    subsection (F)(1)(c), in which the time used for the
3    parent-teacher conferences is equivalent to a minimum of 5
4    clock hours; and (2) when days in addition to those
5    provided in items (1) and (1.5) are scheduled by a school
6    pursuant to its school improvement plan adopted under
7    Article 34 or its revised or amended school improvement
8    plan adopted under Article 2, provided that (i) such
9    sessions of 3 or more clock hours are scheduled to occur at
10    regular intervals, (ii) the remainder of the school days in
11    which such sessions occur are utilized for in-service
12    training programs or other staff development activities
13    for teachers, and (iii) a sufficient number of minutes of
14    school work under the direct supervision of teachers are
15    added to the school days between such regularly scheduled
16    sessions to accumulate not less than the number of minutes
17    by which such sessions of 3 or more clock hours fall short
18    of 5 clock hours. Any full days used for the purposes of
19    this paragraph shall not be considered for computing
20    average daily attendance. Days scheduled for in-service
21    training programs, staff development activities, or
22    parent-teacher conferences may be scheduled separately for
23    different grade levels and different attendance centers of
24    the district.
25        (e) A session of not less than one clock hour of
26    teaching hospitalized or homebound pupils on-site or by

 

 

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

 

 

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1    attendance by each pupil shall be counted the same as
2    attendance by first grade pupils. Only the first year of
3    attendance in one kindergarten shall be counted, except in
4    case of children who entered the kindergarten in their
5    fifth year whose educational development requires a second
6    year of kindergarten as determined under the rules and
7    regulations of the State Board of Education.
8        (i) On the days when the Prairie State Achievement
9    Examination is administered under subsection (c) of
10    Section 2-3.64 of this Code, the day of attendance for a
11    pupil whose school day must be shortened to accommodate
12    required testing procedures may be less than 5 clock hours
13    and shall be counted towards the 176 days of actual pupil
14    attendance required under Section 10-19 of this Code,
15    provided that a sufficient number of minutes of school work
16    in excess of 5 clock hours are first completed on other
17    school days to compensate for the loss of school work on
18    the examination days.
19        (j) Pupils enrolled in a remote educational program
20    established under Section 10-29 of this Code may be counted
21    on the basis of one-fifth day of attendance for every clock
22    hour of instruction attended in the remote educational
23    program, provided that, in any month, the school district
24    may not claim for a student enrolled in a remote
25    educational program more days of attendance than the
26    maximum number of days of attendance the district can claim

 

 

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1    (i) for students enrolled in a building holding year-round
2    classes if the student is classified as participating in
3    the remote educational program on a year-round schedule or
4    (ii) for students enrolled in a building not holding
5    year-round classes if the student is not classified as
6    participating in the remote educational program on a
7    year-round schedule.
 
8(G) Equalized Assessed Valuation Data.
9    (1) For purposes of the calculation of Available Local
10Resources required pursuant to subsection (D), the State Board
11of Education shall secure from the Department of Revenue the
12value as equalized or assessed by the Department of Revenue of
13all taxable property of every school district, together with
14(i) the applicable tax rate used in extending taxes for the
15funds of the district as of September 30 of the previous year
16and (ii) the limiting rate for all school districts subject to
17property tax extension limitations as imposed under the
18Property Tax Extension Limitation Law.
19    The Department of Revenue shall add to the equalized
20assessed value of all taxable property of each school district
21situated entirely or partially within a county that is or was
22subject to the provisions of Section 15-176 or 15-177 of the
23Property Tax Code (a) an amount equal to the total amount by
24which the homestead exemption allowed under Section 15-176 or
2515-177 of the Property Tax Code for real property situated in

 

 

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1that school district exceeds the total amount that would have
2been allowed in that school district if the maximum reduction
3under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
4all other counties in tax year 2003 or (ii) $5,000 in all
5counties in tax year 2004 and thereafter and (b) an amount
6equal to the aggregate amount for the taxable year of all
7additional exemptions under Section 15-175 of the Property Tax
8Code for owners with a household income of $30,000 or less. The
9county clerk of any county that is or was subject to the
10provisions of Section 15-176 or 15-177 of the Property Tax Code
11shall annually calculate and certify to the Department of
12Revenue for each school district all homestead exemption
13amounts under Section 15-176 or 15-177 of the Property Tax Code
14and all amounts of additional exemptions under Section 15-175
15of the Property Tax Code for owners with a household income of
16$30,000 or less. It is the intent of this paragraph that if the
17general homestead exemption for a parcel of property is
18determined under Section 15-176 or 15-177 of the Property Tax
19Code rather than Section 15-175, then the calculation of
20Available Local Resources shall not be affected by the
21difference, if any, between the amount of the general homestead
22exemption allowed for that parcel of property under Section
2315-176 or 15-177 of the Property Tax Code and the amount that
24would have been allowed had the general homestead exemption for
25that parcel of property been determined under Section 15-175 of
26the Property Tax Code. It is further the intent of this

 

 

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

 

 

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1    Redevelopment Act or in Section 11-74.6-35 of the
2    Industrial Jobs Recovery Law. For the purpose of the
3    equalized assessed valuation of the district, the total
4    initial equalized assessed valuation or the current
5    equalized assessed valuation, whichever is lower, shall be
6    used until such time as all redevelopment project costs
7    have been paid.
8        (b) The real property equalized assessed valuation for
9    a school district shall be adjusted by subtracting from the
10    real property value as equalized or assessed by the
11    Department of Revenue for the district an amount computed
12    by dividing the amount of any abatement of taxes under
13    Section 18-170 of the Property Tax Code by 3.00% for a
14    district maintaining grades kindergarten through 12, by
15    2.30% for a district maintaining grades kindergarten
16    through 8, or by 1.05% for a district maintaining grades 9
17    through 12 and adjusted by an amount computed by dividing
18    the amount of any abatement of taxes under subsection (a)
19    of Section 18-165 of the Property Tax Code by the same
20    percentage rates for district type as specified in this
21    subparagraph (b).
22    (3) For the 1999-2000 school year and each school year
23thereafter, if a school district meets all of the criteria of
24this subsection (G)(3), the school district's Available Local
25Resources shall be calculated under subsection (D) using the
26district's Extension Limitation Equalized Assessed Valuation

 

 

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1as calculated under this subsection (G)(3).
2    For purposes of this subsection (G)(3) the following terms
3shall have the following meanings:
4        "Budget Year": The school year for which general State
5    aid is calculated and awarded under subsection (E).
6        "Base Tax Year": The property tax levy year used to
7    calculate the Budget Year allocation of general State aid.
8        "Preceding Tax Year": The property tax levy year
9    immediately preceding the Base Tax Year.
10        "Base Tax Year's Tax Extension": The product of the
11    equalized assessed valuation utilized by the County Clerk
12    in the Base Tax Year multiplied by the limiting rate as
13    calculated by the County Clerk and defined in the Property
14    Tax Extension Limitation Law.
15        "Preceding Tax Year's Tax Extension": The product of
16    the equalized assessed valuation utilized by the County
17    Clerk in the Preceding Tax Year multiplied by the Operating
18    Tax Rate as defined in subsection (A).
19        "Extension Limitation Ratio": A numerical ratio,
20    certified by the County Clerk, in which the numerator is
21    the Base Tax Year's Tax Extension and the denominator is
22    the Preceding Tax Year's Tax Extension.
23        "Operating Tax Rate": The operating tax rate as defined
24    in subsection (A).
25    If a school district is subject to property tax extension
26limitations as imposed under the Property Tax Extension

 

 

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1Limitation Law, the State Board of Education shall calculate
2the Extension Limitation Equalized Assessed Valuation of that
3district. For the 1999-2000 school year, the Extension
4Limitation Equalized Assessed Valuation of a school district as
5calculated by the State Board of Education shall be equal to
6the product of the district's 1996 Equalized Assessed Valuation
7and the district's Extension Limitation Ratio. Except as
8otherwise provided in this paragraph for a school district that
9has approved or does approve an increase in its limiting rate,
10for the 2000-2001 school year and each school year thereafter,
11the Extension Limitation Equalized Assessed Valuation of a
12school district as calculated by the State Board of Education
13shall be equal to the product of the Equalized Assessed
14Valuation last used in the calculation of general State aid and
15the district's Extension Limitation Ratio. If the Extension
16Limitation Equalized Assessed Valuation of a school district as
17calculated under this subsection (G)(3) is less than the
18district's equalized assessed valuation as calculated pursuant
19to subsections (G)(1) and (G)(2), then for purposes of
20calculating the district's general State aid for the Budget
21Year pursuant to subsection (E), that Extension Limitation
22Equalized Assessed Valuation shall be utilized to calculate the
23district's Available Local Resources under subsection (D). For
24the 2009-2010 school year and each school year thereafter, if a
25school district has approved or does approve an increase in its
26limiting rate, pursuant to Section 18-190 of the Property Tax

 

 

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1Code, affecting the Base Tax Year, the Extension Limitation
2Equalized Assessed Valuation of the school district, as
3calculated by the State Board of Education, shall be equal to
4the product of the Equalized Assessed Valuation last used in
5the calculation of general State aid times an amount equal to
6one plus the percentage increase, if any, in the Consumer Price
7Index for all Urban Consumers for all items published by the
8United States Department of Labor for the 12-month calendar
9year preceding the Base Tax Year, plus the Equalized Assessed
10Valuation of new property, annexed property, and recovered tax
11increment value and minus the Equalized Assessed Valuation of
12disconnected property. New property and recovered tax
13increment value shall have the meanings set forth in the
14Property Tax Extension Limitation Law.
15    Partial elementary unit districts created in accordance
16with Article 11E of this Code shall not be eligible for the
17adjustment in this subsection (G)(3) until the fifth year
18following the effective date of the reorganization.
19    (3.5) For the 2010-2011 school year and each school year
20thereafter, if a school district's boundaries span multiple
21counties, then the Department of Revenue shall send to the
22State Board of Education, for the purpose of calculating
23general State aid, the limiting rate and individual rates by
24purpose for the county that contains the majority of the school
25district's Equalized Assessed Valuation.
26    (4) For the purposes of calculating general State aid for

 

 

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

 

 

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1these subsections, then the general State aid of the district
2for the 1999-2000 school year only shall be increased by the
3difference between these amounts. The total payments made under
4this paragraph (5) shall not exceed $14,000,000. Claims shall
5be prorated if they exceed $14,000,000.
 
6(H) Supplemental General State Aid.
7    (1) In addition to the general State aid a school district
8is allotted pursuant to subsection (E), qualifying school
9districts shall receive a grant, paid in conjunction with a
10district's payments of general State aid, for supplemental
11general State aid based upon the concentration level of
12children from low-income households within the school
13district. Supplemental State aid grants provided for school
14districts under this subsection shall be appropriated for
15distribution to school districts as part of the same line item
16in which the general State financial aid of school districts is
17appropriated under this Section.
18    (1.5) This paragraph (1.5) applies only to those school
19years preceding the 2003-2004 school year. For purposes of this
20subsection (H), the term "Low-Income Concentration Level"
21shall be the low-income eligible pupil count from the most
22recently available federal census divided by the Average Daily
23Attendance of the school district. If, however, (i) the
24percentage decrease from the 2 most recent federal censuses in
25the low-income eligible pupil count of a high school district

 

 

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1with fewer than 400 students exceeds by 75% or more the
2percentage change in the total low-income eligible pupil count
3of contiguous elementary school districts, whose boundaries
4are coterminous with the high school district, or (ii) a high
5school district within 2 counties and serving 5 elementary
6school districts, whose boundaries are coterminous with the
7high school district, has a percentage decrease from the 2 most
8recent federal censuses in the low-income eligible pupil count
9and there is a percentage increase in the total low-income
10eligible pupil count of a majority of the elementary school
11districts in excess of 50% from the 2 most recent federal
12censuses, then the high school district's low-income eligible
13pupil count from the earlier federal census shall be the number
14used as the low-income eligible pupil count for the high school
15district, for purposes of this subsection (H). The changes made
16to this paragraph (1) by Public Act 92-28 shall apply to
17supplemental general State aid grants for school years
18preceding the 2003-2004 school year that are paid in fiscal
19year 1999 or thereafter and to any State aid payments made in
20fiscal year 1994 through fiscal year 1998 pursuant to
21subsection 1(n) of Section 18-8 of this Code (which was
22repealed on July 1, 1998), and any high school district that is
23affected by Public Act 92-28 is entitled to a recomputation of
24its supplemental general State aid grant or State aid paid in
25any of those fiscal years. This recomputation shall not be
26affected by any other funding.

 

 

HB3223 Enrolled- 35 -LRB097 08887 NHT 49017 b

1    (1.10) This paragraph (1.10) applies to the 2003-2004
2school year and each school year thereafter. For purposes of
3this subsection (H), the term "Low-Income Concentration Level"
4shall, for each fiscal year, be the low-income eligible pupil
5count as of July 1 of the immediately preceding fiscal year (as
6determined by the Department of Human Services based on the
7number of pupils who are eligible for at least one of the
8following low income programs: Medicaid, the Children's Health
9Insurance Program, TANF, or Food Stamps, excluding pupils who
10are eligible for services provided by the Department of
11Children and Family Services, averaged over the 2 immediately
12preceding fiscal years for fiscal year 2004 and over the 3
13immediately preceding fiscal years for each fiscal year
14thereafter) divided by the Average Daily Attendance of the
15school district.
16    (2) Supplemental general State aid pursuant to this
17subsection (H) shall be provided as follows for the 1998-1999,
181999-2000, and 2000-2001 school years only:
19        (a) For any school district with a Low Income
20    Concentration Level of at least 20% and less than 35%, the
21    grant for any school year shall be $800 multiplied by the
22    low income eligible pupil count.
23        (b) For any school district with a Low Income
24    Concentration Level of at least 35% and less than 50%, the
25    grant for the 1998-1999 school year shall be $1,100
26    multiplied by the low income eligible pupil count.

 

 

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1        (c) For any school district with a Low Income
2    Concentration Level of at least 50% and less than 60%, the
3    grant for the 1998-99 school year shall be $1,500
4    multiplied by the low income eligible pupil count.
5        (d) For any school district with a Low Income
6    Concentration Level of 60% or more, the grant for the
7    1998-99 school year shall be $1,900 multiplied by the low
8    income eligible pupil count.
9        (e) For the 1999-2000 school year, the per pupil amount
10    specified in subparagraphs (b), (c), and (d) immediately
11    above shall be increased to $1,243, $1,600, and $2,000,
12    respectively.
13        (f) For the 2000-2001 school year, the per pupil
14    amounts specified in subparagraphs (b), (c), and (d)
15    immediately above shall be $1,273, $1,640, and $2,050,
16    respectively.
17    (2.5) Supplemental general State aid pursuant to this
18subsection (H) shall be provided as follows for the 2002-2003
19school year:
20        (a) For any school district with a Low Income
21    Concentration Level of less than 10%, the grant for each
22    school year shall be $355 multiplied by the low income
23    eligible pupil count.
24        (b) For any school district with a Low Income
25    Concentration Level of at least 10% and less than 20%, the
26    grant for each school year shall be $675 multiplied by the

 

 

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1    low income eligible pupil count.
2        (c) For any school district with a Low Income
3    Concentration Level of at least 20% and less than 35%, the
4    grant for each school year shall be $1,330 multiplied by
5    the low income eligible pupil count.
6        (d) For any school district with a Low Income
7    Concentration Level of at least 35% and less than 50%, the
8    grant for each school year shall be $1,362 multiplied by
9    the low income eligible pupil count.
10        (e) For any school district with a Low Income
11    Concentration Level of at least 50% and less than 60%, the
12    grant for each school year shall be $1,680 multiplied by
13    the low income eligible pupil count.
14        (f) For any school district with a Low Income
15    Concentration Level of 60% or more, the grant for each
16    school year shall be $2,080 multiplied by the low income
17    eligible pupil count.
18    (2.10) Except as otherwise provided, supplemental general
19State aid pursuant to this subsection (H) shall be provided as
20follows for the 2003-2004 school year and each school year
21thereafter:
22        (a) For any school district with a Low Income
23    Concentration Level of 15% or less, the grant for each
24    school year shall be $355 multiplied by the low income
25    eligible pupil count.
26        (b) For any school district with a Low Income

 

 

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1    Concentration Level greater than 15%, the grant for each
2    school year shall be $294.25 added to the product of $2,700
3    and the square of the Low Income Concentration Level, all
4    multiplied by the low income eligible pupil count.
5    For the 2003-2004 school year and each school year
6thereafter through the 2008-2009 school year only, the grant
7shall be no less than the grant for the 2002-2003 school year.
8For the 2009-2010 school year only, the grant shall be no less
9than the grant for the 2002-2003 school year multiplied by
100.66. For the 2010-2011 school year only, the grant shall be no
11less than the grant for the 2002-2003 school year multiplied by
120.33. Notwithstanding the provisions of this paragraph to the
13contrary, if for any school year supplemental general State aid
14grants are prorated as provided in paragraph (1) of this
15subsection (H), then the grants under this paragraph shall be
16prorated.
17    For the 2003-2004 school year only, the grant shall be no
18greater than the grant received during the 2002-2003 school
19year added to the product of 0.25 multiplied by the difference
20between the grant amount calculated under subsection (a) or (b)
21of this paragraph (2.10), whichever is applicable, and the
22grant received during the 2002-2003 school year. For the
232004-2005 school year only, the grant shall be no greater than
24the grant received during the 2002-2003 school year added to
25the product of 0.50 multiplied by the difference between the
26grant amount calculated under subsection (a) or (b) of this

 

 

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1paragraph (2.10), whichever is applicable, and the grant
2received during the 2002-2003 school year. For the 2005-2006
3school year only, the grant shall be no greater than the grant
4received during the 2002-2003 school year added to the product
5of 0.75 multiplied by the difference between the grant amount
6calculated under subsection (a) or (b) of this paragraph
7(2.10), whichever is applicable, and the grant received during
8the 2002-2003 school year.
9    (3) School districts with an Average Daily Attendance of
10more than 1,000 and less than 50,000 that qualify for
11supplemental general State aid pursuant to this subsection
12shall submit a plan to the State Board of Education prior to
13October 30 of each year for the use of the funds resulting from
14this grant of supplemental general State aid for the
15improvement of instruction in which priority is given to
16meeting the education needs of disadvantaged children. Such
17plan shall be submitted in accordance with rules and
18regulations promulgated by the State Board of Education.
19    (4) School districts with an Average Daily Attendance of
2050,000 or more that qualify for supplemental general State aid
21pursuant to this subsection shall be required to distribute
22from funds available pursuant to this Section, no less than
23$261,000,000 in accordance with the following requirements:
24        (a) The required amounts shall be distributed to the
25    attendance centers within the district in proportion to the
26    number of pupils enrolled at each attendance center who are

 

 

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1    eligible to receive free or reduced-price lunches or
2    breakfasts under the federal Child Nutrition Act of 1966
3    and under the National School Lunch Act during the
4    immediately preceding school year.
5        (b) The distribution of these portions of supplemental
6    and general State aid among attendance centers according to
7    these requirements shall not be compensated for or
8    contravened by adjustments of the total of other funds
9    appropriated to any attendance centers, and the Board of
10    Education shall utilize funding from one or several sources
11    in order to fully implement this provision annually prior
12    to the opening of school.
13        (c) Each attendance center shall be provided by the
14    school district a distribution of noncategorical funds and
15    other categorical funds to which an attendance center is
16    entitled under law in order that the general State aid and
17    supplemental general State aid provided by application of
18    this subsection supplements rather than supplants the
19    noncategorical funds and other categorical funds provided
20    by the school district to the attendance centers.
21        (d) Any funds made available under this subsection that
22    by reason of the provisions of this subsection are not
23    required to be allocated and provided to attendance centers
24    may be used and appropriated by the board of the district
25    for any lawful school purpose.
26        (e) Funds received by an attendance center pursuant to

 

 

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1    this subsection shall be used by the attendance center at
2    the discretion of the principal and local school council
3    for programs to improve educational opportunities at
4    qualifying schools through the following programs and
5    services: early childhood education, reduced class size or
6    improved adult to student classroom ratio, enrichment
7    programs, remedial assistance, attendance improvement, and
8    other educationally beneficial expenditures which
9    supplement the regular and basic programs as determined by
10    the State Board of Education. Funds provided shall not be
11    expended for any political or lobbying purposes as defined
12    by board rule.
13        (f) Each district subject to the provisions of this
14    subdivision (H)(4) shall submit an acceptable plan to meet
15    the educational needs of disadvantaged children, in
16    compliance with the requirements of this paragraph, to the
17    State Board of Education prior to July 15 of each year.
18    This plan shall be consistent with the decisions of local
19    school councils concerning the school expenditure plans
20    developed in accordance with part 4 of Section 34-2.3. The
21    State Board shall approve or reject the plan within 60 days
22    after its submission. If the plan is rejected, the district
23    shall give written notice of intent to modify the plan
24    within 15 days of the notification of rejection and then
25    submit a modified plan within 30 days after the date of the
26    written notice of intent to modify. Districts may amend

 

 

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1    approved plans pursuant to rules promulgated by the State
2    Board of Education.
3        Upon notification by the State Board of Education that
4    the district has not submitted a plan prior to July 15 or a
5    modified plan within the time period specified herein, the
6    State aid funds affected by that plan or modified plan
7    shall be withheld by the State Board of Education until a
8    plan or modified plan is submitted.
9        If the district fails to distribute State aid to
10    attendance centers in accordance with an approved plan, the
11    plan for the following year shall allocate funds, in
12    addition to the funds otherwise required by this
13    subsection, to those attendance centers which were
14    underfunded during the previous year in amounts equal to
15    such underfunding.
16        For purposes of determining compliance with this
17    subsection in relation to the requirements of attendance
18    center funding, each district subject to the provisions of
19    this subsection shall submit as a separate document by
20    December 1 of each year a report of expenditure data for
21    the prior year in addition to any modification of its
22    current plan. If it is determined that there has been a
23    failure to comply with the expenditure provisions of this
24    subsection regarding contravention or supplanting, the
25    State Superintendent of Education shall, within 60 days of
26    receipt of the report, notify the district and any affected

 

 

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1    local school council. The district shall within 45 days of
2    receipt of that notification inform the State
3    Superintendent of Education of the remedial or corrective
4    action to be taken, whether by amendment of the current
5    plan, if feasible, or by adjustment in the plan for the
6    following year. Failure to provide the expenditure report
7    or the notification of remedial or corrective action in a
8    timely manner shall result in a withholding of the affected
9    funds.
10        The State Board of Education shall promulgate rules and
11    regulations to implement the provisions of this
12    subsection. No funds shall be released under this
13    subdivision (H)(4) to any district that has not submitted a
14    plan that has been approved by the State Board of
15    Education.
 
16(I) (Blank).
 
17(J) Supplementary Grants in Aid.
18    (1) Notwithstanding any other provisions of this Section,
19the amount of the aggregate general State aid in combination
20with supplemental general State aid under this Section for
21which each school district is eligible shall be no less than
22the amount of the aggregate general State aid entitlement that
23was received by the district under Section 18-8 (exclusive of
24amounts received under subsections 5(p) and 5(p-5) of that

 

 

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

 

 

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1    In calculating the amount to be paid to the governing board
2of a public university that operates a laboratory school under
3this Section or to any alternative school that is operated by a
4regional superintendent of schools, the State Board of
5Education shall require by rule such reporting requirements as
6it deems necessary.
7    As used in this Section, "laboratory school" means a public
8school which is created and operated by a public university and
9approved by the State Board of Education. The governing board
10of a public university which receives funds from the State
11Board under this subsection (K) may not increase the number of
12students enrolled in its laboratory school from a single
13district, if that district is already sending 50 or more
14students, except under a mutual agreement between the school
15board of a student's district of residence and the university
16which operates the laboratory school. A laboratory school may
17not have more than 1,000 students, excluding students with
18disabilities in a special education program.
19    As used in this Section, "alternative school" means a
20public school which is created and operated by a Regional
21Superintendent of Schools and approved by the State Board of
22Education. Such alternative schools may offer courses of
23instruction for which credit is given in regular school
24programs, courses to prepare students for the high school
25equivalency testing program or vocational and occupational
26training. A regional superintendent of schools may contract

 

 

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1with a school district or a public community college district
2to operate an alternative school. An alternative school serving
3more than one educational service region may be established by
4the regional superintendents of schools of the affected
5educational service regions. An alternative school serving
6more than one educational service region may be operated under
7such terms as the regional superintendents of schools of those
8educational service regions may agree.
9    Each laboratory and alternative school shall file, on forms
10provided by the State Superintendent of Education, an annual
11State aid claim which states the Average Daily Attendance of
12the school's students by month. The best 3 months' Average
13Daily Attendance shall be computed for each school. The general
14State aid entitlement shall be computed by multiplying the
15applicable Average Daily Attendance by the Foundation Level as
16determined under this Section.
 
17(L) Payments, Additional Grants in Aid and Other Requirements.
18    (1) For a school district operating under the financial
19supervision of an Authority created under Article 34A, the
20general State aid otherwise payable to that district under this
21Section, but not the supplemental general State aid, shall be
22reduced by an amount equal to the budget for the operations of
23the Authority as certified by the Authority to the State Board
24of Education, and an amount equal to such reduction shall be
25paid to the Authority created for such district for its

 

 

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1operating expenses in the manner provided in Section 18-11. The
2remainder of general State school aid for any such district
3shall be paid in accordance with Article 34A when that Article
4provides for a disposition other than that provided by this
5Article.
6    (2) (Blank).
7    (3) Summer school. Summer school payments shall be made as
8provided in Section 18-4.3.
 
9(M) Education Funding Advisory Board.
10    The Education Funding Advisory Board, hereinafter in this
11subsection (M) referred to as the "Board", is hereby created.
12The Board shall consist of 5 members who are appointed by the
13Governor, by and with the advice and consent of the Senate. The
14members appointed shall include representatives of education,
15business, and the general public. One of the members so
16appointed shall be designated by the Governor at the time the
17appointment is made as the chairperson of the Board. The
18initial members of the Board may be appointed any time after
19the effective date of this amendatory Act of 1997. The regular
20term of each member of the Board shall be for 4 years from the
21third Monday of January of the year in which the term of the
22member's appointment is to commence, except that of the 5
23initial members appointed to serve on the Board, the member who
24is appointed as the chairperson shall serve for a term that
25commences on the date of his or her appointment and expires on

 

 

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1the third Monday of January, 2002, and the remaining 4 members,
2by lots drawn at the first meeting of the Board that is held
3after all 5 members are appointed, shall determine 2 of their
4number to serve for terms that commence on the date of their
5respective appointments and expire on the third Monday of
6January, 2001, and 2 of their number to serve for terms that
7commence on the date of their respective appointments and
8expire on the third Monday of January, 2000. All members
9appointed to serve on the Board shall serve until their
10respective successors are appointed and confirmed. Vacancies
11shall be filled in the same manner as original appointments. If
12a vacancy in membership occurs at a time when the Senate is not
13in session, the Governor shall make a temporary appointment
14until the next meeting of the Senate, when he or she shall
15appoint, by and with the advice and consent of the Senate, a
16person to fill that membership for the unexpired term. If the
17Senate is not in session when the initial appointments are
18made, those appointments shall be made as in the case of
19vacancies.
20    The Education Funding Advisory Board shall be deemed
21established, and the initial members appointed by the Governor
22to serve as members of the Board shall take office, on the date
23that the Governor makes his or her appointment of the fifth
24initial member of the Board, whether those initial members are
25then serving pursuant to appointment and confirmation or
26pursuant to temporary appointments that are made by the

 

 

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1Governor as in the case of vacancies.
2    The State Board of Education shall provide such staff
3assistance to the Education Funding Advisory Board as is
4reasonably required for the proper performance by the Board of
5its responsibilities.
6    For school years after the 2000-2001 school year, the
7Education Funding Advisory Board, in consultation with the
8State Board of Education, shall make recommendations as
9provided in this subsection (M) to the General Assembly for the
10foundation level under subdivision (B)(3) of this Section and
11for the supplemental general State aid grant level under
12subsection (H) of this Section for districts with high
13concentrations of children from poverty. The recommended
14foundation level shall be determined based on a methodology
15which incorporates the basic education expenditures of
16low-spending schools exhibiting high academic performance. The
17Education Funding Advisory Board shall make such
18recommendations to the General Assembly on January 1 of odd
19numbered years, beginning January 1, 2001.
 
20(N) (Blank).
 
21(O) References.
22    (1) References in other laws to the various subdivisions of
23Section 18-8 as that Section existed before its repeal and
24replacement by this Section 18-8.05 shall be deemed to refer to

 

 

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1the corresponding provisions of this Section 18-8.05, to the
2extent that those references remain applicable.
3    (2) References in other laws to State Chapter 1 funds shall
4be deemed to refer to the supplemental general State aid
5provided under subsection (H) of this Section.
 
6(P) Public Act 93-838 and Public Act 93-808 make inconsistent
7changes to this Section. Under Section 6 of the Statute on
8Statutes there is an irreconcilable conflict between Public Act
993-808 and Public Act 93-838. Public Act 93-838, being the last
10acted upon, is controlling. The text of Public Act 93-838 is
11the law regardless of the text of Public Act 93-808.
12(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
1395-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
148-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
158-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; 96-959,
16eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. 11-18-10;
17revised 11-24-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.