SB2499 96TH GENERAL ASSEMBLY

  
  

 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2499

 

Introduced 10/29/2009, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/18-8.05

    Amends the School Code. Provides that for the 2009-2010 school year and each school year thereafter, for school districts located in more than one county that use an estimated equalized assessed value to calculate the limiting rate utilized in specified calculations, the State Board of Education shall make estimated payments of the resulting general State aid claim until the actual limiting rate becomes available and is provided to the State Board of Education by the affected school districts. Provides that once the actual limiting rate becomes available for the school districts in a specified manner, the State Board of Education shall recalculate the general State aid claim of those school districts using the actual limiting rate and adjust the remaining general State aid payments for those school districts so that those school districts receive the total amount of general State aid payments resulting from the use of the actual limiting rate. Effective immediately.


LRB096 15248 MJR 30328 b

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 18-8.05 as follows:
 
6     (105 ILCS 5/18-8.05)
7     Sec. 18-8.05. Basis for apportionment of general State
8 financial aid and supplemental general State aid to the common
9 schools for the 1998-1999 and subsequent school years.
 
10 (A) General Provisions.
11     (1) The provisions of this Section apply to the 1998-1999
12 and subsequent school years. The system of general State
13 financial aid provided for in this Section is designed to
14 assure that, through a combination of State financial aid and
15 required local resources, the financial support provided each
16 pupil in Average Daily Attendance equals or exceeds a
17 prescribed per pupil Foundation Level. This formula approach
18 imputes a level of per pupil Available Local Resources and
19 provides for the basis to calculate a per pupil level of
20 general State financial aid that, when added to Available Local
21 Resources, equals or exceeds the Foundation Level. The amount
22 of per pupil general State financial aid for school districts,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 Foundation Level, general State aid for that district shall be
2 calculated as an amount equal to the Foundation Level minus
3 Available Local Resources, multiplied by the Average Daily
4 Attendance of the school district.
5     (3) For any school district for which Available Local
6 Resources per pupil is equal to or greater than the product of
7 0.93 times the Foundation Level and less than the product of
8 1.75 times the Foundation Level, the general State aid per
9 pupil shall be a decimal proportion of the Foundation Level
10 derived using a linear algorithm. Under this linear algorithm,
11 the calculated general State aid per pupil shall decline in
12 direct linear fashion from 0.07 times the Foundation Level for
13 a school district with Available Local Resources equal to the
14 product of 0.93 times the Foundation Level, to 0.05 times the
15 Foundation Level for a school district with Available Local
16 Resources equal to the product of 1.75 times the Foundation
17 Level. The allocation of general State aid for school districts
18 subject to this paragraph 3 shall be the calculated general
19 State aid per pupil figure multiplied by the Average Daily
20 Attendance of the school district.
21     (4) For any school district for which Available Local
22 Resources per pupil equals or exceeds the product of 1.75 times
23 the Foundation Level, the general State aid for the school
24 district shall be calculated as the product of $218 multiplied
25 by the Average Daily Attendance of the school district.
26     (5) The amount of general State aid allocated to a school

 

 

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

 

 

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

 

 

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

 

 

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1     up to a maximum of 5 days per school year, provided a
2     district conducts an in-service training program for
3     teachers in accordance with Section 10-22.39 of this Code;
4     or, in lieu of 4 such days, 2 full days may be used, in
5     which event each such day may be counted as a day required
6     for a legal school calendar pursuant to Section 10-19 of
7     this Code; (1.5) when, of the 5 days allowed under item
8     (1), a maximum of 4 days are used for parent-teacher
9     conferences, or, in lieu of 4 such days, 2 full days are
10     used, in which case each such day may be counted as a
11     calendar day required under Section 10-19 of this Code,
12     provided that the full-day, parent-teacher conference
13     consists of (i) a minimum of 5 clock hours of
14     parent-teacher conferences, (ii) both a minimum of 2 clock
15     hours of parent-teacher conferences held in the evening
16     following a full day of student attendance, as specified in
17     subsection (F)(1)(c), and a minimum of 3 clock hours of
18     parent-teacher conferences held on the day immediately
19     following evening parent-teacher conferences, or (iii)
20     multiple parent-teacher conferences held in the evenings
21     following full days of student attendance, as specified in
22     subsection (F)(1)(c), in which the time used for the
23     parent-teacher conferences is equivalent to a minimum of 5
24     clock hours; and (2) when days in addition to those
25     provided in items (1) and (1.5) are scheduled by a school
26     pursuant to its school improvement plan adopted under

 

 

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1     Article 34 or its revised or amended school improvement
2     plan adopted under Article 2, provided that (i) such
3     sessions of 3 or more clock hours are scheduled to occur at
4     regular intervals, (ii) the remainder of the school days in
5     which such sessions occur are utilized for in-service
6     training programs or other staff development activities
7     for teachers, and (iii) a sufficient number of minutes of
8     school work under the direct supervision of teachers are
9     added to the school days between such regularly scheduled
10     sessions to accumulate not less than the number of minutes
11     by which such sessions of 3 or more clock hours fall short
12     of 5 clock hours. Any full days used for the purposes of
13     this paragraph shall not be considered for computing
14     average daily attendance. Days scheduled for in-service
15     training programs, staff development activities, or
16     parent-teacher conferences may be scheduled separately for
17     different grade levels and different attendance centers of
18     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 of
24     attendance.
25         (f) A session of at least 4 clock hours may be counted
26     as a day of attendance for first grade pupils, and pupils

 

 

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

 

 

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1     regulations of the State Board of Education.
2         (i) On the days when the Prairie State Achievement
3     Examination is administered under subsection (c) of
4     Section 2-3.64 of this Code, the day of attendance for a
5     pupil whose school day must be shortened to accommodate
6     required testing procedures may be less than 5 clock hours
7     and shall be counted towards the 176 days of actual pupil
8     attendance required under Section 10-19 of this Code,
9     provided that a sufficient number of minutes of school work
10     in excess of 5 clock hours are first completed on other
11     school days to compensate for the loss of school work on
12     the examination days.
 
13 (G) Equalized Assessed Valuation Data.
14     (1) For purposes of the calculation of Available Local
15 Resources required pursuant to subsection (D), the State Board
16 of Education shall secure from the Department of Revenue the
17 value as equalized or assessed by the Department of Revenue of
18 all taxable property of every school district, together with
19 (i) the applicable tax rate used in extending taxes for the
20 funds of the district as of September 30 of the previous year
21 and (ii) the limiting rate for all school districts subject to
22 property tax extension limitations as imposed under the
23 Property Tax Extension Limitation Law.
24     The Department of Revenue shall add to the equalized
25 assessed value of all taxable property of each school district

 

 

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

 

 

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1 exemption allowed for that parcel of property under Section
2 15-176 or 15-177 of the Property Tax Code and the amount that
3 would have been allowed had the general homestead exemption for
4 that parcel of property been determined under Section 15-175 of
5 the Property Tax Code. It is further the intent of this
6 paragraph that if additional exemptions are allowed under
7 Section 15-175 of the Property Tax Code for owners with a
8 household income of less than $30,000, then the calculation of
9 Available Local Resources shall not be affected by the
10 difference, if any, because of those additional exemptions.
11     This equalized assessed valuation, as adjusted further by
12 the requirements of this subsection, shall be utilized in the
13 calculation of Available Local Resources.
14     (2) The equalized assessed valuation in paragraph (1) shall
15 be adjusted, as applicable, in the following manner:
16         (a) For the purposes of calculating State aid under
17     this Section, with respect to any part of a school district
18     within a redevelopment project area in respect to which a
19     municipality has adopted tax increment allocation
20     financing pursuant to the Tax Increment Allocation
21     Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
22     of the Illinois Municipal Code or the Industrial Jobs
23     Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
24     Illinois Municipal Code, no part of the current equalized
25     assessed valuation of real property located in any such
26     project area which is attributable to an increase above the

 

 

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1     total initial equalized assessed valuation of such
2     property shall be used as part of the equalized assessed
3     valuation of the district, until such time as all
4     redevelopment project costs have been paid, as provided in
5     Section 11-74.4-8 of the Tax Increment Allocation
6     Redevelopment Act or in Section 11-74.6-35 of the
7     Industrial Jobs Recovery Law. For the purpose of the
8     equalized assessed valuation of the district, the total
9     initial equalized assessed valuation or the current
10     equalized assessed valuation, whichever is lower, shall be
11     used until such time as all redevelopment project costs
12     have been paid.
13         (b) The real property equalized assessed valuation for
14     a school district shall be adjusted by subtracting from the
15     real property value as equalized or assessed by the
16     Department of Revenue for the district an amount computed
17     by dividing the amount of any abatement of taxes under
18     Section 18-170 of the Property Tax Code by 3.00% for a
19     district maintaining grades kindergarten through 12, by
20     2.30% for a district maintaining grades kindergarten
21     through 8, or by 1.05% for a district maintaining grades 9
22     through 12 and adjusted by an amount computed by dividing
23     the amount of any abatement of taxes under subsection (a)
24     of Section 18-165 of the Property Tax Code by the same
25     percentage rates for district type as specified in this
26     subparagraph (b).

 

 

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1     (3) For the 1999-2000 school year and each school year
2 thereafter, if a school district meets all of the criteria of
3 this subsection (G)(3), the school district's Available Local
4 Resources shall be calculated under subsection (D) using the
5 district's Extension Limitation Equalized Assessed Valuation
6 as calculated under this subsection (G)(3).
7     For purposes of this subsection (G)(3) the following terms
8 shall have the following meanings:
9         "Budget Year": The school year for which general State
10     aid is calculated and awarded under subsection (E).
11         "Base Tax Year": The property tax levy year used to
12     calculate the Budget Year allocation of general State aid.
13         "Preceding Tax Year": The property tax levy year
14     immediately preceding the Base Tax Year.
15         "Base Tax Year's Tax Extension": The product of the
16     equalized assessed valuation utilized by the County Clerk
17     in the Base Tax Year multiplied by the limiting rate as
18     calculated by the County Clerk and defined in the Property
19     Tax Extension Limitation Law.
20         "Preceding Tax Year's Tax Extension": The product of
21     the equalized assessed valuation utilized by the County
22     Clerk in the Preceding Tax Year multiplied by the Operating
23     Tax Rate as defined in subsection (A).
24         "Extension Limitation Ratio": A numerical ratio,
25     certified by the County Clerk, in which the numerator is
26     the Base Tax Year's Tax Extension and the denominator is

 

 

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

 

 

SB2499 - 22 - LRB096 15248 MJR 30328 b

1 Equalized Assessed Valuation shall be utilized to calculate the
2 district's Available Local Resources under subsection (D). For
3 the 2009-2010 school year and each school year thereafter, if a
4 school district has approved or does approve an increase in its
5 limiting rate, pursuant to Section 18-190 of the Property Tax
6 Code, affecting the Base Tax Year, the Extension Limitation
7 Equalized Assessed Valuation of the school district, as
8 calculated by the State Board of Education, shall be equal to
9 the product of the Equalized Assessed Valuation last used in
10 the calculation of general State aid times an amount equal to
11 one plus the percentage increase, if any, in the Consumer Price
12 Index for all Urban Consumers for all items published by the
13 United States Department of Labor for the 12-month calendar
14 year preceding the Base Tax Year, plus the Equalized Assessed
15 Valuation of new property, annexed property, and recovered tax
16 increment value and minus the Equalized Assessed Valuation of
17 disconnected property. New property and recovered tax
18 increment value shall have the meanings set forth in the
19 Property Tax Extension Limitation Law.
20     Partial elementary unit districts created in accordance
21 with Article 11E of this Code shall not be eligible for the
22 adjustment in this subsection (G)(3) until the fifth year
23 following the effective date of the reorganization.
24     For the 2009-2010 school year and each school year
25 thereafter, for school districts located in more than one
26 county that use an estimated equalized assessed value to

 

 

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1 calculate the limiting rate utilized in the calculations
2 described in this paragraph (3), the State Board of Education
3 shall make estimated payments of the resulting general State
4 aid claim until the actual limiting rate becomes available and
5 is provided to the State Board of Education by the affected
6 school districts. Once the actual limiting rate becomes
7 available for the school districts described in this paragraph
8 (3), the State Board of Education shall recalculate the general
9 State aid claim of those school districts using the actual
10 limiting rate and adjust the remaining general State aid
11 payments for those school districts so that those school
12 districts receive the total amount of general State aid
13 payments resulting from the use of the actual limiting rate.
14     (4) For the purposes of calculating general State aid for
15 the 1999-2000 school year only, if a school district
16 experienced a triennial reassessment on the equalized assessed
17 valuation used in calculating its general State financial aid
18 apportionment for the 1998-1999 school year, the State Board of
19 Education shall calculate the Extension Limitation Equalized
20 Assessed Valuation that would have been used to calculate the
21 district's 1998-1999 general State aid. This amount shall equal
22 the product of the equalized assessed valuation used to
23 calculate general State aid for the 1997-1998 school year and
24 the district's Extension Limitation Ratio. If the Extension
25 Limitation Equalized Assessed Valuation of the school district
26 as calculated under this paragraph (4) is less than the

 

 

SB2499 - 24 - LRB096 15248 MJR 30328 b

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

 

 

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1 children from low-income households within the school
2 district. Supplemental State aid grants provided for school
3 districts under this subsection shall be appropriated for
4 distribution to school districts as part of the same line item
5 in which the general State financial aid of school districts is
6 appropriated under this Section. If the appropriation in any
7 fiscal year for general State aid and supplemental general
8 State aid is insufficient to pay the amounts required under the
9 general State aid and supplemental general State aid
10 calculations, then the State Board of Education shall ensure
11 that each school district receives the full amount due for
12 general State aid and the remainder of the appropriation shall
13 be used for supplemental general State aid, which the State
14 Board of Education shall calculate and pay to eligible
15 districts on a prorated basis.
16     (1.5) This paragraph (1.5) applies only to those school
17 years preceding the 2003-2004 school year. For purposes of this
18 subsection (H), the term "Low-Income Concentration Level"
19 shall be the low-income eligible pupil count from the most
20 recently available federal census divided by the Average Daily
21 Attendance of the school district. If, however, (i) the
22 percentage decrease from the 2 most recent federal censuses in
23 the low-income eligible pupil count of a high school district
24 with fewer than 400 students exceeds by 75% or more the
25 percentage change in the total low-income eligible pupil count
26 of contiguous elementary school districts, whose boundaries

 

 

SB2499 - 26 - LRB096 15248 MJR 30328 b

1 are coterminous with the high school district, or (ii) a high
2 school district within 2 counties and serving 5 elementary
3 school districts, whose boundaries are coterminous with the
4 high school district, has a percentage decrease from the 2 most
5 recent federal censuses in the low-income eligible pupil count
6 and there is a percentage increase in the total low-income
7 eligible pupil count of a majority of the elementary school
8 districts in excess of 50% from the 2 most recent federal
9 censuses, then the high school district's low-income eligible
10 pupil count from the earlier federal census shall be the number
11 used as the low-income eligible pupil count for the high school
12 district, for purposes of this subsection (H). The changes made
13 to this paragraph (1) by Public Act 92-28 shall apply to
14 supplemental general State aid grants for school years
15 preceding the 2003-2004 school year that are paid in fiscal
16 year 1999 or thereafter and to any State aid payments made in
17 fiscal year 1994 through fiscal year 1998 pursuant to
18 subsection 1(n) of Section 18-8 of this Code (which was
19 repealed on July 1, 1998), and any high school district that is
20 affected by Public Act 92-28 is entitled to a recomputation of
21 its supplemental general State aid grant or State aid paid in
22 any of those fiscal years. This recomputation shall not be
23 affected by any other funding.
24     (1.10) This paragraph (1.10) applies to the 2003-2004
25 school year and each school year thereafter. For purposes of
26 this subsection (H), the term "Low-Income Concentration Level"

 

 

SB2499 - 27 - LRB096 15248 MJR 30328 b

1 shall, for each fiscal year, be the low-income eligible pupil
2 count as of July 1 of the immediately preceding fiscal year (as
3 determined by the Department of Human Services based on the
4 number of pupils who are eligible for at least one of the
5 following low income programs: Medicaid, the Children's Health
6 Insurance Program, TANF, or Food Stamps, excluding pupils who
7 are eligible for services provided by the Department of
8 Children and Family Services, averaged over the 2 immediately
9 preceding fiscal years for fiscal year 2004 and over the 3
10 immediately preceding fiscal years for each fiscal year
11 thereafter) divided by the Average Daily Attendance of the
12 school district.
13     (2) Supplemental general State aid pursuant to this
14 subsection (H) shall be provided as follows for the 1998-1999,
15 1999-2000, and 2000-2001 school years only:
16         (a) For any school district with a Low Income
17     Concentration Level of at least 20% and less than 35%, the
18     grant for any school year shall be $800 multiplied by the
19     low income eligible pupil count.
20         (b) For any school district with a Low Income
21     Concentration Level of at least 35% and less than 50%, the
22     grant for the 1998-1999 school year shall be $1,100
23     multiplied by the low income eligible pupil count.
24         (c) For any school district with a Low Income
25     Concentration Level of at least 50% and less than 60%, the
26     grant for the 1998-99 school year shall be $1,500

 

 

SB2499 - 28 - LRB096 15248 MJR 30328 b

1     multiplied by the low income eligible pupil count.
2         (d) For any school district with a Low Income
3     Concentration Level of 60% or more, the grant for the
4     1998-99 school year shall be $1,900 multiplied by the low
5     income eligible pupil count.
6         (e) For the 1999-2000 school year, the per pupil amount
7     specified in subparagraphs (b), (c), and (d) immediately
8     above shall be increased to $1,243, $1,600, and $2,000,
9     respectively.
10         (f) For the 2000-2001 school year, the per pupil
11     amounts specified in subparagraphs (b), (c), and (d)
12     immediately above shall be $1,273, $1,640, and $2,050,
13     respectively.
14     (2.5) Supplemental general State aid pursuant to this
15 subsection (H) shall be provided as follows for the 2002-2003
16 school year:
17         (a) For any school district with a Low Income
18     Concentration Level of less than 10%, the grant for each
19     school year shall be $355 multiplied by the low income
20     eligible pupil count.
21         (b) For any school district with a Low Income
22     Concentration Level of at least 10% and less than 20%, the
23     grant for each school year shall be $675 multiplied by the
24     low income eligible pupil count.
25         (c) For any school district with a Low Income
26     Concentration Level of at least 20% and less than 35%, the

 

 

SB2499 - 29 - LRB096 15248 MJR 30328 b

1     grant for each school year shall be $1,330 multiplied by
2     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%, the
5     grant for each school year shall be $1,362 multiplied by
6     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%, the
9     grant for each school year shall be $1,680 multiplied by
10     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 general
16 State aid pursuant to this subsection (H) shall be provided as
17 follows for the 2003-2004 school year and each school year
18 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 $2,700
26     and the square of the Low Income Concentration Level, all

 

 

SB2499 - 30 - LRB096 15248 MJR 30328 b

1     multiplied by the low income eligible pupil count.
2     For the 2003-2004 school year and each school year
3 thereafter through the 2008-2009 school year only, the grant
4 shall be no less than the grant for the 2002-2003 school year.
5 For the 2009-2010 school year only, the grant shall be no less
6 than the grant for the 2002-2003 school year multiplied by
7 0.66. For the 2010-2011 school year only, the grant shall be no
8 less than the grant for the 2002-2003 school year multiplied by
9 0.33. Notwithstanding the provisions of this paragraph to the
10 contrary, if for any school year supplemental general State aid
11 grants are prorated as provided in paragraph (1) of this
12 subsection (H), then the grants under this paragraph shall be
13 prorated.
14     For the 2003-2004 school year only, the grant shall be no
15 greater than the grant received during the 2002-2003 school
16 year added to the product of 0.25 multiplied by the difference
17 between the grant amount calculated under subsection (a) or (b)
18 of this paragraph (2.10), whichever is applicable, and the
19 grant received during the 2002-2003 school year. For the
20 2004-2005 school year only, the grant shall be no greater than
21 the grant received during the 2002-2003 school year added to
22 the product of 0.50 multiplied by the difference between the
23 grant amount calculated under subsection (a) or (b) of this
24 paragraph (2.10), whichever is applicable, and the grant
25 received during the 2002-2003 school year. For the 2005-2006
26 school year only, the grant shall be no greater than the grant

 

 

SB2499 - 31 - LRB096 15248 MJR 30328 b

1 received during the 2002-2003 school year added to the product
2 of 0.75 multiplied by the difference between the grant amount
3 calculated under subsection (a) or (b) of this paragraph
4 (2.10), whichever is applicable, and the grant received during
5 the 2002-2003 school year.
6     (3) School districts with an Average Daily Attendance of
7 more than 1,000 and less than 50,000 that qualify for
8 supplemental general State aid pursuant to this subsection
9 shall submit a plan to the State Board of Education prior to
10 October 30 of each year for the use of the funds resulting from
11 this grant of supplemental general State aid for the
12 improvement of instruction in which priority is given to
13 meeting the education needs of disadvantaged children. Such
14 plan shall be submitted in accordance with rules and
15 regulations promulgated by the State Board of Education.
16     (4) School districts with an Average Daily Attendance of
17 50,000 or more that qualify for supplemental general State aid
18 pursuant to this subsection shall be required to distribute
19 from funds available pursuant to this Section, no less than
20 $261,000,000 in accordance with the following requirements:
21         (a) The required amounts shall be distributed to the
22     attendance centers within the district in proportion to the
23     number of pupils enrolled at each attendance center who are
24     eligible to receive free or reduced-price lunches or
25     breakfasts under the federal Child Nutrition Act of 1966
26     and under the National School Lunch Act during the

 

 

SB2499 - 32 - LRB096 15248 MJR 30328 b

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

 

 

SB2499 - 33 - LRB096 15248 MJR 30328 b

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

 

 

SB2499 - 34 - LRB096 15248 MJR 30328 b

1     the district has not submitted a plan prior to July 15 or a
2     modified plan within the time period specified herein, the
3     State aid funds affected by that plan or modified plan
4     shall be withheld by the State Board of Education until a
5     plan or modified plan is submitted.
6         If the district fails to distribute State aid to
7     attendance centers in accordance with an approved plan, the
8     plan for the following year shall allocate funds, in
9     addition to the funds otherwise required by this
10     subsection, to those attendance centers which were
11     underfunded during the previous year in amounts equal to
12     such underfunding.
13         For purposes of determining compliance with this
14     subsection in relation to the requirements of attendance
15     center funding, each district subject to the provisions of
16     this subsection shall submit as a separate document by
17     December 1 of each year a report of expenditure data for
18     the prior year in addition to any modification of its
19     current plan. If it is determined that there has been a
20     failure to comply with the expenditure provisions of this
21     subsection regarding contravention or supplanting, the
22     State Superintendent of Education shall, within 60 days of
23     receipt of the report, notify the district and any affected
24     local school council. The district shall within 45 days of
25     receipt of that notification inform the State
26     Superintendent of Education of the remedial or corrective

 

 

SB2499 - 35 - LRB096 15248 MJR 30328 b

1     action to be taken, whether by amendment of the current
2     plan, if feasible, or by adjustment in the plan for the
3     following year. Failure to provide the expenditure report
4     or the notification of remedial or corrective action in a
5     timely manner shall result in a withholding of the affected
6     funds.
7         The State Board of Education shall promulgate rules and
8     regulations to implement the provisions of this
9     subsection. No funds shall be released under this
10     subdivision (H)(4) to any district that has not submitted a
11     plan that has been approved by the State Board of
12     Education.
 
13 (I) (Blank).
 
14 (J) Supplementary Grants in Aid.
15     (1) Notwithstanding any other provisions of this Section,
16 the amount of the aggregate general State aid in combination
17 with supplemental general State aid under this Section for
18 which each school district is eligible shall be no less than
19 the amount of the aggregate general State aid entitlement that
20 was received by the district under Section 18-8 (exclusive of
21 amounts received under subsections 5(p) and 5(p-5) of that
22 Section) for the 1997-98 school year, pursuant to the
23 provisions of that Section as it was then in effect. If a
24 school district qualifies to receive a supplementary payment

 

 

SB2499 - 36 - LRB096 15248 MJR 30328 b

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

 

 

SB2499 - 37 - LRB096 15248 MJR 30328 b

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

 

 

SB2499 - 38 - LRB096 15248 MJR 30328 b

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

 

 

SB2499 - 39 - LRB096 15248 MJR 30328 b

1 provides for a disposition other than that provided by this
2 Article.
3     (2) (Blank).
4     (3) Summer school. Summer school payments shall be made as
5 provided in Section 18-4.3.
 
6 (M) Education Funding Advisory Board.
7     The Education Funding Advisory Board, hereinafter in this
8 subsection (M) referred to as the "Board", is hereby created.
9 The Board shall consist of 5 members who are appointed by the
10 Governor, by and with the advice and consent of the Senate. The
11 members appointed shall include representatives of education,
12 business, and the general public. One of the members so
13 appointed shall be designated by the Governor at the time the
14 appointment is made as the chairperson of the Board. The
15 initial members of the Board may be appointed any time after
16 the effective date of this amendatory Act of 1997. The regular
17 term of each member of the Board shall be for 4 years from the
18 third Monday of January of the year in which the term of the
19 member's appointment is to commence, except that of the 5
20 initial members appointed to serve on the Board, the member who
21 is appointed as the chairperson shall serve for a term that
22 commences on the date of his or her appointment and expires on
23 the third Monday of January, 2002, and the remaining 4 members,
24 by lots drawn at the first meeting of the Board that is held
25 after all 5 members are appointed, shall determine 2 of their

 

 

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

 

 

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

 

 

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1 be deemed to refer to the supplemental general State aid
2 provided under subsection (H) of this Section.
 
3 (P) Public Act 93-838 and Public Act 93-808 make inconsistent
4 changes to this Section. Under Section 6 of the Statute on
5 Statutes there is an irreconcilable conflict between Public Act
6 93-808 and Public Act 93-838. Public Act 93-838, being the last
7 acted upon, is controlling. The text of Public Act 93-838 is
8 the law regardless of the text of Public Act 93-808.
9 (Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
10 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
11 8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
12 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised
13 10-23-09.)
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.