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093_SB0344
LRB093 09588 NHT 09826 b
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
5 Sections 3-11, 10-19, 10-22.18d, 18-8.05, and 18-12 as
6 follows:
7 (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
8 Sec. 3-11. Institutes or inservice training workshops.
9 In counties of less than 2,000,000 inhabitants, the regional
10 superintendent may arrange for or conduct district, regional,
11 or county institutes, or equivalent professional educational
12 experiences, not more than 4 days annually. Of those 4 days,
13 2 days may be used as a teacher's workshop, when approved by
14 the regional superintendent, up to 2 days may be used for
15 conducting parent-teacher conferences or up to 2 days may be
16 utilized as parental institute days as provided in Section
17 10-22.18d. A school district may use anone of its 4
18 institute daydays on the last day of the school term.
19 "Institute" or "professional educational experiences" means
20 any inservice training workshop, educational gathering,
21 demonstration of methods of instruction, visitation of
22 schools or other institutions or facilities, or sexual abuse
23 and sexual assault awareness seminar held or approved by the
24 regional superintendent and declared by him to be an
25 institute day, or parent-teacher conferences. With the
26 concurrence of the State Superintendent of Education, he or
27 she may employ such assistance as is necessary to conduct the
28 institute. Two or more adjoining regionscounties may
29 jointly hold an institute. Institute instruction shall be
30 free to holders of certificates good in the county or
31 counties holding the institute, and to those who have paid an
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1 examination fee and failed to receive a certificate.
2 In counties of 2,000,000 or more inhabitants, the
3 regional superintendent may arrange for or conduct district,
4 regional, or county inservice training workshops, or
5 equivalent professional educational experiences, not more
6 than 4 days annually. Of those 4 days, 2 days may be used for
7 conducting parent-teacher conferences and up to 2 days may be
8 utilized as parental institute days as provided in Section
9 10-22.18d. A school district may use an inservice training
10 workshop dayone of those 4 days on the last day of the
11 school term. "Inservice training workshops" or "professional
12 educational experiences" means any educational gathering,
13 demonstration of methods of instruction, visitation of
14 schools or other institutions or facilities, or sexual abuse
15 and sexual assault awareness seminar held or approved by the
16 regional superintendent and declared by him to be an
17 inservice training workshop, or parent-teacher conferences.
18 With the concurrence of the State Superintendent of
19 Education, he may employ such assistance as is necessary to
20 conduct the inservice training workshop. With the approval
21 of the regional superintendent, 2 or more adjoining districts
22 may jointly hold an inservice training workshop. In addition,
23 with the approval of the regional superintendent, one
24 district may conduct its own inservice training workshop with
25 subject matter consultants requested from the county, State
26 or any State institution of higher learning.
27 Such teachers'teachers institutes as referred to in this
28 Section may be held on consecutive or separate days at the
29 option of the regional superintendent having jurisdiction
30 thereof.
31 Whenever reference is made in this CodeAct to "teachers'
32 teachers institute", it shall be construed to include the
33 inservice training workshops or equivalent professional
34 educational experiences provided for in this Section.
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1 Any institute advisory committee existing on April 1,
2 1995, is dissolved and the duties and responsibilities of the
3 institute advisory committee are assumed by the regional
4 office of education advisory board.
5 Districts providing inservice training programs shall
6 constitute inservice committees, 1/2 of which shall be
7 teachers, 1/4 school service personnel and 1/4 administrators
8 to establish program content and schedules.
9 The teachers'teachers institutes shall include teacher
10 training committed to peer counseling programs and other
11 anti-violence and conflict resolution programs, including
12 without limitation programs for preventing at risk students
13 from committing violent acts.
14 (Source: P.A. 91-491, eff. 8-13-99.)
15 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
16 Sec. 10-19. Length of school term - experimental
17 programs. Each school board shall annually prepare and submit
18 to the State Board of Education for approval a proposed and a
19 finala calendar for the school term, specifying the opening
20 and closing dates and providing a minimum term of at least
21 190185 days, including a minimum of 10 emergency days and up
22 to the equivalent of 4 days for approved teachers' institutes
23 under Section 3-11, parent-teacher conferences, parental
24 institutes under Section 10-22.18d, in-service training
25 programs under Section 10-22.39, and school improvement
26 activities, to ensureinsure 176 days of actual pupil
27 attendance, computable under Section 18-8.05, and to ensure
28 at least 880 student contact hoursexcept that for the
29 1980-1981 school year only 175 days of actual pupil
30 attendance shall be required because of the closing of
31 schools pursuant to Section 24-2 on January 29, 1981 upon the
32 appointment by the President of that day as a day of
33 thanksgiving for the freedom of the Americans who had been
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1 held hostage in Iran. These teachers' institutes,
2 parent-teacher conferences, parental institutes, in-service
3 training programs, and school improvement activities must be
4 approved by the regional superintendent of schools and may be
5 conducted on full days or half days, provided that the
6 activities are not held on days included within the
7 district's 176 days of actual pupil attendance. Any days
8 allowed by law for teachers' institutes, parent-teacher
9 conferences, parental institutes, in-service training
10 programs, and school improvement activitiesteachers'
11 institute but not used as such or used as parental institutes
12 as provided in Section 10-22.18d shall increase the minimum
13 number of days of actual pupil attendanceterm by the school
14 days not so used. Except as provided in Section 10-19.1, the
15 board may not extend the school term beyond such closing date
16 unless that extension of term is necessary to provide the
17 minimum number of computable days. In case of such necessary
18 extension school employees shall be paid for such additional
19 time on the basis of their regular contracts if the extension
20 increases the number of days that employees are required to
21 work. A school board may specify a closing date earlier than
22 that set on the annual calendar when the schools of the
23 district have provided the minimum number of computable days
24 under this Section. Nothing in this Section prevents the
25 board from employing superintendents of schools, principals
26 and other nonteaching personnel for a period of 12 months, or
27 in the case of superintendents for a period in accordance
28 with Section 10-23.8, or prevents the board from employing
29 other personnel before or after the regular school term with
30 payment of salary proportionate to that received for
31 comparable work during the school term.
32 A school board may make such changes in its calendar for
33 the school term as may be required by any changes in the
34 legal school holidays prescribed in Section 24-2. A school
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1 board may make changes in its calendar for the school term as
2 may be necessary to reflect the utilization of teachers'
3 institute days as parental institute days as provided in
4 Section 10-22.18d.
5 With the prior approval of the State Board of Education
6 and subject to review by the State Board of Education every 3
7 years, any school board may, by resolution of its board and
8 in agreement with affected exclusive collective bargaining
9 agents, establish experimental educational programs,
10 including but not limited to programs for self-directed
11 learning or outside of formal class periods, which programs
12 when so approved shall be considered to comply with the
13 requirements of this Section as respects numbers of days of
14 actual pupil attendance and with the other requirements of
15 this Act as respects courses of instruction.
16 (Source: P.A. 91-96, eff. 7-9-99.)
17 (105 ILCS 5/10-22.18d) (from Ch. 122, par. 10-22.18d)
18 Sec. 10-22.18d. Parental institutes. A school district
19 may utilize up to two days allowed by law for teachers'
20 institutes to conduct parental institutes for the parents and
21 guardians of children attending the district if approved by
22 the regional superintendent of schools under Section 10-19.
23 No district may conductutilize teachers' institute days as
24 parental institute days without the consent of the district's
25 inservice advisory committee created under Section 3-11. If
26 a district does not have an inservice advisory committee,
27 parental institute days must be approved by the district's
28 teaching staff.
29 Parental institutes shall be designed by the school
30 district upon consultation with the district's teaching
31 staff, administrators, and parents' organizations. The
32 district may provide appropriate personnel, including
33 district staff, to conduct, attend, or participate in all or
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1 any portion of the institutes.
2 Parental institutes shall provide information on such
3 topics as the district shall deem necessary to achieve the
4 following purposes:
5 (1) Enhance parental involvement in the education
6 of the district's students;
7 (2) Improve parental communication and involvement
8 with the district;
9 (3) Enhance parental knowledge of child
10 development, district programs, school conditions, and
11 societal problems threatening students; and
12 (4) Improve parental skill development.
13 Districts shall use every means available to inform
14 parents and guardians about parental institutes and to
15 encourage attendance at and active participation in such
16 events.
17 Parental institutes may be held during that period of the
18 day which is not part of the regular school day and may be
19 held on Saturdays. Days scheduled for parental institutes
20 may be scheduled separately for different grade levels and
21 different attendance centers of the district.
22 Districts may establish reasonable fees, not to exceed
23 the cost of holding parental institutes, for attendance and
24 shall waive any fees so established for any parents or
25 guardians who may be unable to afford such fees. Nothing
26 shall preclude districts from applying for or accepting
27 private funds to conduct parental institutes.
28 (Source: P.A. 86-1250.)
29 (105 ILCS 5/18-8.05)
30 Sec. 18-8.05. Basis for apportionment of general State
31 financial aid and supplemental general State aid to the
32 common schools for the 1998-1999 and subsequent school years.
33 (A) General Provisions.
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1 (1) The provisions of this Section apply to the
2 1998-1999 and subsequent school years. The system of general
3 State financial aid provided for in this Section is designed
4 to assure that, through a combination of State financial aid
5 and required local resources, the financial support provided
6 each pupil in Average Daily Attendance equals or exceeds a
7 prescribed per pupil Foundation Level. This formula approach
8 imputes a level of per pupil Available Local Resources and
9 provides for the basis to calculate a per pupil level of
10 general State financial aid that, when added to Available
11 Local Resources, equals or exceeds the Foundation Level. The
12 amount of per pupil general State financial aid for school
13 districts, in general, varies in inverse relation to
14 Available Local Resources. Per pupil amounts are based upon
15 each school district's Average Daily Attendance as that term
16 is defined in this Section.
17 (2) In addition to general State financial aid, school
18 districts with specified levels or concentrations of pupils
19 from low income households are eligible to receive
20 supplemental general State financial aid grants as provided
21 pursuant to subsection (H). The supplemental State aid grants
22 provided for school districts under subsection (H) shall be
23 appropriated for distribution to school districts as part of
24 the same line item in which the general State financial aid
25 of school districts is appropriated under this Section.
26 (3) To receive financial assistance under this Section,
27 school districts are required to file claims with the State
28 Board of Education, subject to the following requirements:
29 (a) Any school district which fails for any given
30 school year to maintain school as required by law, or to
31 maintain a recognized school is not eligible to file for
32 such school year any claim upon the Common School Fund.
33 In case of nonrecognition of one or more attendance
34 centers in a school district otherwise operating
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1 recognized schools, the claim of the district shall be
2 reduced in the proportion which the Average Daily
3 Attendance in the attendance center or centers bear to
4 the Average Daily Attendance in the school district. A
5 "recognized school" means any public school which meets
6 the standards as established for recognition by the State
7 Board of Education. A school district or attendance
8 center not having recognition status at the end of a
9 school term is entitled to receive State aid payments due
10 upon a legal claim which was filed while it was
11 recognized.
12 (b) School district claims filed under this Section
13 are subject to Sections 18-9, 18-10, and 18-12, except as
14 otherwise provided in this Section.
15 (c) If a school district operates a full year
16 school under Section 10-19.1, the general State aid to
17 the school district shall be determined by the State
18 Board of Education in accordance with this Section as
19 near as may be applicable.
20 (d) (Blank).
21 (4) Except as provided in subsections (H) and (L), the
22 board of any district receiving any of the grants provided
23 for in this Section may apply those funds to any fund so
24 received for which that board is authorized to make
25 expenditures by law.
26 School districts are not required to exert a minimum
27 Operating Tax Rate in order to qualify for assistance under
28 this Section.
29 (5) As used in this Section the following terms, when
30 capitalized, shall have the meaning ascribed herein:
31 (a) "Average Daily Attendance": A count of pupil
32 attendance in school, averaged as provided for in
33 subsection (C) and utilized in deriving per pupil
34 financial support levels.
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1 (b) "Available Local Resources": A computation of
2 local financial support, calculated on the basis of
3 Average Daily Attendance and derived as provided pursuant
4 to subsection (D).
5 (c) "Corporate Personal Property Replacement
6 Taxes": Funds paid to local school districts pursuant to
7 "An Act in relation to the abolition of ad valorem
8 personal property tax and the replacement of revenues
9 lost thereby, and amending and repealing certain Acts and
10 parts of Acts in connection therewith", certified August
11 14, 1979, as amended (Public Act 81-1st S.S.-1).
12 (d) "Foundation Level": A prescribed level of per
13 pupil financial support as provided for in subsection
14 (B).
15 (e) "Operating Tax Rate": All school district
16 property taxes extended for all purposes, except Bond and
17 Interest, Summer School, Rent, Capital Improvement, and
18 Vocational Education Building purposes.
19 (B) Foundation Level.
20 (1) The Foundation Level is a figure established by the
21 State representing the minimum level of per pupil financial
22 support that should be available to provide for the basic
23 education of each pupil in Average Daily Attendance. As set
24 forth in this Section, each school district is assumed to
25 exert a sufficient local taxing effort such that, in
26 combination with the aggregate of general State financial aid
27 provided the district, an aggregate of State and local
28 resources are available to meet the basic education needs of
29 pupils in the district.
30 (2) For the 1998-1999 school year, the Foundation Level
31 of support is $4,225. For the 1999-2000 school year, the
32 Foundation Level of support is $4,325. For the 2000-2001
33 school year, the Foundation Level of support is $4,425.
34 (3) For the 2001-2002 school year and each school year
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1 thereafter, the Foundation Level of support is $4,560 or such
2 greater amount as may be established by law by the General
3 Assembly.
4 (C) Average Daily Attendance.
5 (1) For purposes of calculating general State aid
6 pursuant to subsection (E), an Average Daily Attendance
7 figure shall be utilized. The Average Daily Attendance
8 figure for formula calculation purposes shall be the monthly
9 average of the actual number of pupils in attendance of each
10 school district, as further averaged for the best 3 months of
11 pupil attendance for each school district. In compiling the
12 figures for the number of pupils in attendance, school
13 districts and the State Board of Education shall, for
14 purposes of general State aid funding, conform attendance
15 figures to the requirements of subsection (F).
16 (2) The Average Daily Attendance figures utilized in
17 subsection (E) shall be the requisite attendance data for the
18 school year immediately preceding the school year for which
19 general State aid is being calculated or the average of the
20 attendance data for the 3 preceding school years, whichever
21 is greater. The Average Daily Attendance figures utilized in
22 subsection (H) shall be the requisite attendance data for the
23 school year immediately preceding the school year for which
24 general State aid is being calculated.
25 (D) Available Local Resources.
26 (1) For purposes of calculating general State aid
27 pursuant to subsection (E), a representation of Available
28 Local Resources per pupil, as that term is defined and
29 determined in this subsection, shall be utilized. Available
30 Local Resources per pupil shall include a calculated dollar
31 amount representing local school district revenues from local
32 property taxes and from Corporate Personal Property
33 Replacement Taxes, expressed on the basis of pupils in
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1 Average Daily Attendance.
2 (2) In determining a school district's revenue from
3 local property taxes, the State Board of Education shall
4 utilize the equalized assessed valuation of all taxable
5 property of each school district as of September 30 of the
6 previous year. The equalized assessed valuation utilized
7 shall be obtained and determined as provided in subsection
8 (G).
9 (3) For school districts maintaining grades kindergarten
10 through 12, local property tax revenues per pupil shall be
11 calculated as the product of the applicable equalized
12 assessed valuation for the district multiplied by 3.00%, and
13 divided by the district's Average Daily Attendance figure.
14 For school districts maintaining grades kindergarten through
15 8, local property tax revenues per pupil shall be calculated
16 as the product of the applicable equalized assessed valuation
17 for the district multiplied by 2.30%, and divided by the
18 district's Average Daily Attendance figure. For school
19 districts maintaining grades 9 through 12, local property tax
20 revenues per pupil shall be the applicable equalized assessed
21 valuation of the district multiplied by 1.05%, and divided by
22 the district's Average Daily Attendance figure.
23 (4) The Corporate Personal Property Replacement Taxes
24 paid to each school district during the calendar year 2 years
25 before the calendar year in which a school year begins,
26 divided by the Average Daily Attendance figure for that
27 district, shall be added to the local property tax revenues
28 per pupil as derived by the application of the immediately
29 preceding paragraph (3). The sum of these per pupil figures
30 for each school district shall constitute Available Local
31 Resources as that term is utilized in subsection (E) in the
32 calculation of general State aid.
33 (E) Computation of General State Aid.
34 (1) For each school year, the amount of general State
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1 aid allotted to a school district shall be computed by the
2 State Board of Education as provided in this subsection.
3 (2) For any school district for which Available Local
4 Resources per pupil is less than the product of 0.93 times
5 the Foundation Level, general State aid for that district
6 shall be calculated as an amount equal to the Foundation
7 Level minus Available Local Resources, multiplied by the
8 Average Daily Attendance of the school district.
9 (3) For any school district for which Available Local
10 Resources per pupil is equal to or greater than the product
11 of 0.93 times the Foundation Level and less than the product
12 of 1.75 times the Foundation Level, the general State aid per
13 pupil shall be a decimal proportion of the Foundation Level
14 derived using a linear algorithm. Under this linear
15 algorithm, the calculated general State aid per pupil shall
16 decline in direct linear fashion from 0.07 times the
17 Foundation Level for a school district with Available Local
18 Resources equal to the product of 0.93 times the Foundation
19 Level, to 0.05 times the Foundation Level for a school
20 district with Available Local Resources equal to the product
21 of 1.75 times the Foundation Level. The allocation of
22 general State aid for school districts subject to this
23 paragraph 3 shall be the calculated general State aid per
24 pupil figure multiplied by the Average Daily Attendance of
25 the school district.
26 (4) For any school district for which Available Local
27 Resources per pupil equals or exceeds the product of 1.75
28 times the Foundation Level, the general State aid for the
29 school district shall be calculated as the product of $218
30 multiplied by the Average Daily Attendance of the school
31 district.
32 (5) The amount of general State aid allocated to a
33 school district for the 1999-2000 school year meeting the
34 requirements set forth in paragraph (4) of subsection (G)
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1 shall be increased by an amount equal to the general State
2 aid that would have been received by the district for the
3 1998-1999 school year by utilizing the Extension Limitation
4 Equalized Assessed Valuation as calculated in paragraph (4)
5 of subsection (G) less the general State aid allotted for the
6 1998-1999 school year. This amount shall be deemed a one
7 time increase, and shall not affect any future general State
8 aid allocations.
9 (F) Compilation of Average Daily Attendance.
10 (1) Each school district shall, by July 1 of each year,
11 submit to the State Board of Education, on forms prescribed
12 by the State Board of Education, attendance figures for the
13 school year that began in the preceding calendar year. The
14 attendance information so transmitted shall identify the
15 average daily attendance figures for each month of the school
16 year. Beginning with the general State aid claim form for
17 the 2002-2003 school year, districts shall calculate Average
18 Daily Attendance as provided in subdivisions (a), (b), and
19 (c) of this paragraph (1).
20 (a) In districts that do not hold year-round
21 classes, days of attendance in August shall be added to
22 the month of September and any days of attendance in June
23 shall be added to the month of May.
24 (b) In districts in which all buildings hold
25 year-round classes, days of attendance in July and August
26 shall be added to the month of September and any days of
27 attendance in June shall be added to the month of May.
28 (c) In districts in which some buildings, but not
29 all, hold year-round classes, for the non-year-round
30 buildings, days of attendance in August shall be added to
31 the month of September and any days of attendance in June
32 shall be added to the month of May. The average daily
33 attendance for the year-round buildings shall be computed
34 as provided in subdivision (b) of this paragraph (1). To
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1 calculate the Average Daily Attendance for the district,
2 the average daily attendance for the year-round buildings
3 shall be multiplied by the days in session for the
4 non-year-round buildings for each month and added to the
5 monthly attendance of the non-year-round buildings.
6 Except as otherwise provided in this Section, days of
7 attendance by pupils shall be counted only for sessions of
8 not less than 5 clock hours of school work per day under
9 direct supervision of: (i) teachers, or (ii) non-teaching
10 personnel or volunteer personnel when engaging in
11 non-teaching duties and supervising in those instances
12 specified in subsection (a) of Section 10-22.34 and paragraph
13 10 of Section 34-18, with pupils of legal school age and in
14 kindergarten and grades 1 through 12.
15 Days of attendance by tuition pupils shall be accredited
16 only to the districts that pay the tuition to a recognized
17 school.
18 (2) Days of attendance by pupils of less than 5 clock
19 hours of school shall be subject to the following provisions
20 in the compilation of Average Daily Attendance.
21 (a) Pupils regularly enrolled in a public school
22 for only a part of the school day may be counted on the
23 basis of 1/6 day for every class hour of instruction of
24 40 minutes or more attended pursuant to such enrollment,
25 unless a pupil is enrolled in a block-schedule format of
26 80 minutes or more of instruction, in which case the
27 pupil may be counted on the basis of the proportion of
28 minutes of school work completed each day to the minimum
29 number of minutes that school work is required to be held
30 that day.
31 (b) (Blank).Days of attendance may be less than 5
32 clock hours on the opening and closing of the school
33 term, and upon the first day of pupil attendance, if
34 preceded by a day or days utilized as an institute or
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1 teachers' workshop.
2 (c) A session of 4 or more clock hours may be
3 counted as a day of attendance upon certification by the
4 regional superintendent, and approved by the State
5 Superintendent of Education to the extent that the
6 district has been forced to use daily multiple sessions.
7 (d) (Blank).A session of 3 or more clock hours may
8 be counted as a day of attendance (1) when the remainder
9 of the school day or at least 2 hours in the evening of
10 that day is utilized for an in-service training program
11 for teachers, up to a maximum of 5 days per school year
12 of which a maximum of 4 days of such 5 days may be used
13 for parent-teacher conferences, provided a district
14 conducts an in-service training program for teachers
15 which has been approved by the State Superintendent of
16 Education; or, in lieu of 4 such days, 2 full days may be
17 used, in which event each such day may be counted as a
18 day of attendance; and (2) when days in addition to those
19 provided in item (1) are scheduled by a school pursuant
20 to its school improvement plan adopted under Article 34
21 or its revised or amended school improvement plan adopted
22 under Article 2, provided that (i) such sessions of 3 or
23 more clock hours are scheduled to occur at regular
24 intervals, (ii) the remainder of the school days in which
25 such sessions occur are utilized for in-service training
26 programs or other staff development activities for
27 teachers, and (iii) a sufficient number of minutes of
28 school work under the direct supervision of teachers are
29 added to the school days between such regularly scheduled
30 sessions to accumulate not less than the number of
31 minutes by which such sessions of 3 or more clock hours
32 fall short of 5 clock hours. Any full days used for the
33 purposes of this paragraph shall not be considered for
34 computing average daily attendance. Days scheduled for
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1 in-service training programs, staff development
2 activities, or parent-teacher conferences may be
3 scheduled separately for different grade levels and
4 different attendance centers of the district.
5 (e) A session of not less than one clock hour of
6 teaching hospitalized or homebound pupils on-site or by
7 telephone to the classroom may be counted as 1/2 day of
8 attendance, however these pupils must receive 4 or more
9 clock hours of instruction to be counted for a full day
10 of attendance.
11 (f) A session of at least 4 clock hours may be
12 counted as a day of attendance for first grade pupils,
13 and pupils in full day kindergartens, and a session of 2
14 or more hours may be counted as 1/2 day of attendance by
15 pupils in kindergartens which provide only 1/2 day of
16 attendance.
17 (g) For children with disabilities who are below
18 the age of 6 years and who cannot attend 2 or more clock
19 hours because of their disability or immaturity, a
20 session of not less than one clock hour may be counted as
21 1/2 day of attendance; however for such children whose
22 educational needs so require a session of 4 or more clock
23 hours may be counted as a full day of attendance.
24 (h) A recognized kindergarten which provides for
25 only 1/2 day of attendance by each pupil shall not have
26 more than 1/2 day of attendance counted in any one day.
27 However, kindergartens may count 2 1/2 days of attendance
28 in any 5 consecutive school days. When a pupil attends
29 such a kindergarten for 2 half days on any one school
30 day, the pupil shall have the following day as a day
31 absent from school, unless the school district obtains
32 permission in writing from the State Superintendent of
33 Education. Attendance at kindergartens which provide for
34 a full day of attendance by each pupil shall be counted
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1 the same as attendance by first grade pupils. Only the
2 first year of attendance in one kindergarten shall be
3 counted, except in case of children who entered the
4 kindergarten in their fifth year whose educational
5 development requires a second year of kindergarten as
6 determined under the rules and regulations of the State
7 Board of Education.
8 (G) Equalized Assessed Valuation Data.
9 (1) For purposes of the calculation of Available Local
10 Resources required pursuant to subsection (D), the State
11 Board of Education shall secure from the Department of
12 Revenue the value as equalized or assessed by the Department
13 of Revenue of all taxable property of every school district,
14 together with (i) the applicable tax rate used in extending
15 taxes for the funds of the district as of September 30 of the
16 previous year and (ii) the limiting rate for all school
17 districts subject to property tax extension limitations as
18 imposed under the Property Tax Extension Limitation Law.
19 This equalized assessed valuation, as adjusted further by
20 the requirements of this subsection, shall be utilized in the
21 calculation of Available Local Resources.
22 (2) The equalized assessed valuation in paragraph (1)
23 shall be adjusted, as applicable, in the following manner:
24 (a) For the purposes of calculating State aid under
25 this Section, with respect to any part of a school
26 district within a redevelopment project area in respect
27 to which a municipality has adopted tax increment
28 allocation financing pursuant to the Tax Increment
29 Allocation Redevelopment Act, Sections 11-74.4-1 through
30 11-74.4-11 of the Illinois Municipal Code or the
31 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
32 11-74.6-50 of the Illinois Municipal Code, no part of the
33 current equalized assessed valuation of real property
34 located in any such project area which is attributable to
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1 an increase above the total initial equalized assessed
2 valuation of such property shall be used as part of the
3 equalized assessed valuation of the district, until such
4 time as all redevelopment project costs have been paid,
5 as provided in Section 11-74.4-8 of the Tax Increment
6 Allocation Redevelopment Act or in Section 11-74.6-35 of
7 the 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
11 be used until such time as all redevelopment project
12 costs have been paid.
13 (b) The real property equalized assessed valuation
14 for a school district shall be adjusted by subtracting
15 from the real property value as equalized or assessed by
16 the Department of Revenue for the district an amount
17 computed by dividing the amount of any abatement of taxes
18 under Section 18-170 of the Property Tax Code by 3.00%
19 for a district maintaining grades kindergarten through
20 12, by 2.30% for a district maintaining grades
21 kindergarten through 8, or by 1.05% for a district
22 maintaining grades 9 through 12 and adjusted by an amount
23 computed by dividing the amount of any abatement of taxes
24 under subsection (a) of Section 18-165 of the Property
25 Tax Code by the same percentage rates for district type
26 as specified in this subparagraph (b).
27 (3) For the 1999-2000 school year and each school year
28 thereafter, if a school district meets all of the criteria of
29 this subsection (G)(3), the school district's Available Local
30 Resources shall be calculated under subsection (D) using the
31 district's Extension Limitation Equalized Assessed Valuation
32 as calculated under this subsection (G)(3).
33 For purposes of this subsection (G)(3) the following
34 terms shall have the following meanings:
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1 "Budget Year": The school year for which general
2 State aid is calculated and awarded under subsection (E).
3 "Base Tax Year": The property tax levy year used to
4 calculate the Budget Year allocation of general State
5 aid.
6 "Preceding Tax Year": The property tax levy year
7 immediately preceding the Base Tax Year.
8 "Base Tax Year's Tax Extension": The product of the
9 equalized assessed valuation utilized by the County Clerk
10 in the Base Tax Year multiplied by the limiting rate as
11 calculated by the County Clerk and defined in the
12 Property Tax Extension Limitation Law.
13 "Preceding Tax Year's Tax Extension": The product of
14 the equalized assessed valuation utilized by the County
15 Clerk in the Preceding Tax Year multiplied by the
16 Operating Tax Rate as defined in subsection (A).
17 "Extension Limitation Ratio": A numerical ratio,
18 certified by the County Clerk, in which the numerator is
19 the Base Tax Year's Tax Extension and the denominator is
20 the Preceding Tax Year's Tax Extension.
21 "Operating Tax Rate": The operating tax rate as
22 defined in subsection (A).
23 If a school district is subject to property tax extension
24 limitations as imposed under the Property Tax Extension
25 Limitation Law, the State Board of Education shall calculate
26 the Extension Limitation Equalized Assessed Valuation of that
27 district. For the 1999-2000 school year, the Extension
28 Limitation Equalized Assessed Valuation of a school district
29 as calculated by the State Board of Education shall be equal
30 to the product of the district's 1996 Equalized Assessed
31 Valuation and the district's Extension Limitation Ratio. For
32 the 2000-2001 school year and each school year thereafter,
33 the Extension Limitation Equalized Assessed Valuation of a
34 school district as calculated by the State Board of Education
-20- LRB093 09588 NHT 09826 b
1 shall be equal to the product of the Equalized Assessed
2 Valuation last used in the calculation of general State aid
3 and the district's Extension Limitation Ratio. If the
4 Extension Limitation Equalized Assessed Valuation of a school
5 district as calculated under this subsection (G)(3) is less
6 than the district's equalized assessed valuation as
7 calculated pursuant to subsections (G)(1) and (G)(2), then
8 for purposes of calculating the district's general State aid
9 for the Budget Year pursuant to subsection (E), that
10 Extension Limitation Equalized Assessed Valuation shall be
11 utilized to calculate the district's Available Local
12 Resources under subsection (D).
13 (4) For the purposes of calculating general State aid
14 for the 1999-2000 school year only, if a school district
15 experienced a triennial reassessment on the equalized
16 assessed valuation used in calculating its general State
17 financial aid apportionment for the 1998-1999 school year,
18 the State Board of Education shall calculate the Extension
19 Limitation Equalized Assessed Valuation that would have been
20 used to calculate the district's 1998-1999 general State aid.
21 This amount shall equal the product of the equalized assessed
22 valuation used to calculate general State aid for the
23 1997-1998 school year and the district's Extension Limitation
24 Ratio. If the Extension Limitation Equalized Assessed
25 Valuation of the school district as calculated under this
26 paragraph (4) is less than the district's equalized assessed
27 valuation utilized in calculating the district's 1998-1999
28 general State aid allocation, then for purposes of
29 calculating the district's general State aid pursuant to
30 paragraph (5) of subsection (E), that Extension Limitation
31 Equalized Assessed Valuation shall be utilized to calculate
32 the district's Available Local Resources.
33 (5) For school districts having a majority of their
34 equalized assessed valuation in any county except Cook,
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1 DuPage, Kane, Lake, McHenry, or Will, if the amount of
2 general State aid allocated to the school district for the
3 1999-2000 school year under the provisions of subsection (E),
4 (H), and (J) of this Section is less than the amount of
5 general State aid allocated to the district for the 1998-1999
6 school year under these subsections, then the general State
7 aid of the district for the 1999-2000 school year only shall
8 be increased by the difference between these amounts. The
9 total payments made under this paragraph (5) shall not exceed
10 $14,000,000. Claims shall be prorated if they exceed
11 $14,000,000.
12 (H) Supplemental General State Aid.
13 (1) In addition to the general State aid a school
14 district is allotted pursuant to subsection (E), qualifying
15 school districts shall receive a grant, paid in conjunction
16 with a district's payments of general State aid, for
17 supplemental general State aid based upon the concentration
18 level of children from low-income households within the
19 school district. Supplemental State aid grants provided for
20 school districts under this subsection shall be appropriated
21 for distribution to school districts as part of the same line
22 item in which the general State financial aid of school
23 districts is appropriated under this Section. For purposes of
24 this subsection, the term "Low-Income Concentration Level"
25 shall be the low-income eligible pupil count from the most
26 recently available federal census divided by the Average
27 Daily Attendance of the school district. If, however, (i) the
28 percentage decrease from the 2 most recent federal censuses
29 in the low-income eligible pupil count of a high school
30 district with fewer than 400 students exceeds by 75% or more
31 the percentage change in the total low-income eligible pupil
32 count of contiguous elementary school districts, whose
33 boundaries are coterminous with the high school district, or
34 (ii) a high school district within 2 counties and serving 5
-22- LRB093 09588 NHT 09826 b
1 elementary school districts, whose boundaries are coterminous
2 with the high school district, has a percentage decrease from
3 the 2 most recent federal censuses in the low-income eligible
4 pupil count and there is a percentage increase in the total
5 low-income eligible pupil count of a majority of the
6 elementary school districts in excess of 50% from the 2 most
7 recent federal censuses, then the high school district's
8 low-income eligible pupil count from the earlier federal
9 census shall be the number used as the low-income eligible
10 pupil count for the high school district, for purposes of
11 this subsection (H). The changes made to this paragraph (1)
12 by Public Act 92-28 shall apply to supplemental general State
13 aid grants paid in fiscal year 1999 and in each fiscal year
14 thereafter and to any State aid payments made in fiscal year
15 1994 through fiscal year 1998 pursuant to subsection 1(n) of
16 Section 18-8 of this Code (which was repealed on July 1,
17 1998), and any high school district that is affected by
18 Public Act 92-28 is entitled to a recomputation of its
19 supplemental general State aid grant or State aid paid in any
20 of those fiscal years. This recomputation shall not be
21 affected by any other funding.
22 (2) Supplemental general State aid pursuant to this
23 subsection (H) shall be provided as follows for the
24 1998-1999, 1999-2000, and 2000-2001 school years only:
25 (a) For any school district with a Low Income
26 Concentration Level of at least 20% and less than 35%,
27 the grant for any school year shall be $800 multiplied by
28 the low income eligible pupil count.
29 (b) For any school district with a Low Income
30 Concentration Level of at least 35% and less than 50%,
31 the grant for the 1998-1999 school year shall be $1,100
32 multiplied by the low income eligible pupil count.
33 (c) For any school district with a Low Income
34 Concentration Level of at least 50% and less than 60%,
-23- LRB093 09588 NHT 09826 b
1 the grant for the 1998-99 school year shall be $1,500
2 multiplied by the low income eligible pupil count.
3 (d) For any school district with a Low Income
4 Concentration Level of 60% or more, the grant for the
5 1998-99 school year shall be $1,900 multiplied by the low
6 income eligible pupil count.
7 (e) For the 1999-2000 school year, the per pupil
8 amount specified in subparagraphs (b), (c), and (d)
9 immediately above shall be increased to $1,243, $1,600,
10 and $2,000, respectively.
11 (f) For the 2000-2001 school year, the per pupil
12 amounts specified in subparagraphs (b), (c), and (d)
13 immediately above shall be $1,273, $1,640, and $2,050,
14 respectively.
15 (2.5) Supplemental general State aid pursuant to this
16 subsection (H) shall be provided as follows for the 2002-2003
17 school year and each school year thereafter:
18 (a) For any school district with a Low Income
19 Concentration Level of less than 10%, the grant for each
20 school year shall be $355 multiplied by the low income
21 eligible pupil count.
22 (b) For any school district with a Low Income
23 Concentration Level of at least 10% and less than 20%,
24 the grant for each school year shall be $675 multiplied
25 by the low income eligible pupil count.
26 (c) For any school district with a Low Income
27 Concentration Level of at least 20% and less than 35%,
28 the grant for each school year shall be $1,330 multiplied
29 by the low income eligible pupil count.
30 (d) For any school district with a Low Income
31 Concentration Level of at least 35% and less than 50%,
32 the grant for each school year shall be $1,362 multiplied
33 by the low income eligible pupil count.
34 (e) For any school district with a Low Income
-24- LRB093 09588 NHT 09826 b
1 Concentration Level of at least 50% and less than 60%,
2 the grant for each school year shall be $1,680 multiplied
3 by the low income eligible pupil count.
4 (f) For any school district with a Low Income
5 Concentration Level of 60% or more, the grant for each
6 school year shall be $2,080 multiplied by the low income
7 eligible pupil count.
8 (3) School districts with an Average Daily Attendance of
9 more than 1,000 and less than 50,000 that qualify for
10 supplemental general State aid pursuant to this subsection
11 shall submit a plan to the State Board of Education prior to
12 October 30 of each year for the use of the funds resulting
13 from this grant of supplemental general State aid for the
14 improvement of instruction in which priority is given to
15 meeting the education needs of disadvantaged children. Such
16 plan shall be submitted in accordance with rules and
17 regulations promulgated by the State Board of Education.
18 (4) School districts with an Average Daily Attendance of
19 50,000 or more that qualify for supplemental general State
20 aid pursuant to this subsection shall be required to
21 distribute from funds available pursuant to this Section, no
22 less than $261,000,000 in accordance with the following
23 requirements:
24 (a) The required amounts shall be distributed to
25 the attendance centers within the district in proportion
26 to the number of pupils enrolled at each attendance
27 center who are eligible to receive free or reduced-price
28 lunches or breakfasts under the federal Child Nutrition
29 Act of 1966 and under the National School Lunch Act
30 during the immediately preceding school year.
31 (b) The distribution of these portions of
32 supplemental and general State aid among attendance
33 centers according to these requirements shall not be
34 compensated for or contravened by adjustments of the
-25- LRB093 09588 NHT 09826 b
1 total of other funds appropriated to any attendance
2 centers, and the Board of Education shall utilize funding
3 from one or several sources in order to fully implement
4 this provision annually prior to the opening of school.
5 (c) Each attendance center shall be provided by the
6 school district a distribution of noncategorical funds
7 and other categorical funds to which an attendance center
8 is entitled under law in order that the general State aid
9 and supplemental general State aid provided by
10 application of this subsection supplements rather than
11 supplants the noncategorical funds and other categorical
12 funds provided by the school district to the attendance
13 centers.
14 (d) Any funds made available under this subsection
15 that by reason of the provisions of this subsection are
16 not required to be allocated and provided to attendance
17 centers may be used and appropriated by the board of the
18 district for any lawful school purpose.
19 (e) Funds received by an attendance center pursuant
20 to this subsection shall be used by the attendance center
21 at the discretion of the principal and local school
22 council for programs to improve educational opportunities
23 at qualifying schools through the following programs and
24 services: early childhood education, reduced class size
25 or improved adult to student classroom ratio, enrichment
26 programs, remedial assistance, attendance improvement,
27 and other educationally beneficial expenditures which
28 supplement the regular and basic programs as determined
29 by the State Board of Education. Funds provided shall not
30 be expended for any political or lobbying purposes as
31 defined by board rule.
32 (f) Each district subject to the provisions of this
33 subdivision (H)(4) shall submit an acceptable plan to
34 meet the educational needs of disadvantaged children, in
-26- LRB093 09588 NHT 09826 b
1 compliance with the requirements of this paragraph, to
2 the State Board of Education prior to July 15 of each
3 year. This plan shall be consistent with the decisions of
4 local school councils concerning the school expenditure
5 plans developed in accordance with part 4 of Section
6 34-2.3. The State Board shall approve or reject the plan
7 within 60 days after its submission. If the plan is
8 rejected, the district shall give written notice of
9 intent to modify the plan within 15 days of the
10 notification of rejection and then submit a modified plan
11 within 30 days after the date of the written notice of
12 intent to modify. Districts may amend approved plans
13 pursuant to rules promulgated by the State Board of
14 Education.
15 Upon notification by the State Board of Education
16 that the district has not submitted a plan prior to July
17 15 or a modified plan within the time period specified
18 herein, the State aid funds affected by that plan or
19 modified plan shall be withheld by the State Board of
20 Education until a plan or modified plan is submitted.
21 If the district fails to distribute State aid to
22 attendance centers in accordance with an approved plan,
23 the plan for the following year shall allocate funds, in
24 addition to the funds otherwise required by this
25 subsection, to those attendance centers which were
26 underfunded during the previous year in amounts equal to
27 such underfunding.
28 For purposes of determining compliance with this
29 subsection in relation to the requirements of attendance
30 center funding, each district subject to the provisions
31 of this subsection shall submit as a separate document by
32 December 1 of each year a report of expenditure data for
33 the prior year in addition to any modification of its
34 current plan. If it is determined that there has been a
-27- LRB093 09588 NHT 09826 b
1 failure to comply with the expenditure provisions of this
2 subsection regarding contravention or supplanting, the
3 State Superintendent of Education shall, within 60 days
4 of receipt of the report, notify the district and any
5 affected local school council. The district shall within
6 45 days of receipt of that notification inform the State
7 Superintendent of Education of the remedial or corrective
8 action to be taken, whether by amendment of the current
9 plan, if feasible, or by adjustment in the plan for the
10 following year. Failure to provide the expenditure
11 report or the notification of remedial or corrective
12 action in a timely manner shall result in a withholding
13 of the affected funds.
14 The State Board of Education shall promulgate rules
15 and regulations to implement the provisions of this
16 subsection. No funds shall be released under this
17 subdivision (H)(4) to any district that has not submitted
18 a plan that has been approved by the State Board of
19 Education.
20 (I) General State Aid for Newly Configured School Districts.
21 (1) For a new school district formed by combining
22 property included totally within 2 or more previously
23 existing school districts, for its first year of existence
24 the general State aid and supplemental general State aid
25 calculated under this Section shall be computed for the new
26 district and for the previously existing districts for which
27 property is totally included within the new district. If the
28 computation on the basis of the previously existing districts
29 is greater, a supplementary payment equal to the difference
30 shall be made for the first 4 years of existence of the new
31 district.
32 (2) For a school district which annexes all of the
33 territory of one or more entire other school districts, for
34 the first year during which the change of boundaries
-28- LRB093 09588 NHT 09826 b
1 attributable to such annexation becomes effective for all
2 purposes as determined under Section 7-9 or 7A-8, the general
3 State aid and supplemental general State aid calculated under
4 this Section shall be computed for the annexing district as
5 constituted after the annexation and for the annexing and
6 each annexed district as constituted prior to the annexation;
7 and if the computation on the basis of the annexing and
8 annexed districts as constituted prior to the annexation is
9 greater, a supplementary payment equal to the difference
10 shall be made for the first 4 years of existence of the
11 annexing school district as constituted upon such annexation.
12 (3) For 2 or more school districts which annex all of
13 the territory of one or more entire other school districts,
14 and for 2 or more community unit districts which result upon
15 the division (pursuant to petition under Section 11A-2) of
16 one or more other unit school districts into 2 or more parts
17 and which together include all of the parts into which such
18 other unit school district or districts are so divided, for
19 the first year during which the change of boundaries
20 attributable to such annexation or division becomes effective
21 for all purposes as determined under Section 7-9 or 11A-10,
22 as the case may be, the general State aid and supplemental
23 general State aid calculated under this Section shall be
24 computed for each annexing or resulting district as
25 constituted after the annexation or division and for each
26 annexing and annexed district, or for each resulting and
27 divided district, as constituted prior to the annexation or
28 division; and if the aggregate of the general State aid and
29 supplemental general State aid as so computed for the
30 annexing or resulting districts as constituted after the
31 annexation or division is less than the aggregate of the
32 general State aid and supplemental general State aid as so
33 computed for the annexing and annexed districts, or for the
34 resulting and divided districts, as constituted prior to the
-29- LRB093 09588 NHT 09826 b
1 annexation or division, then a supplementary payment equal to
2 the difference shall be made and allocated between or among
3 the annexing or resulting districts, as constituted upon such
4 annexation or division, for the first 4 years of their
5 existence. The total difference payment shall be allocated
6 between or among the annexing or resulting districts in the
7 same ratio as the pupil enrollment from that portion of the
8 annexed or divided district or districts which is annexed to
9 or included in each such annexing or resulting district bears
10 to the total pupil enrollment from the entire annexed or
11 divided district or districts, as such pupil enrollment is
12 determined for the school year last ending prior to the date
13 when the change of boundaries attributable to the annexation
14 or division becomes effective for all purposes. The amount
15 of the total difference payment and the amount thereof to be
16 allocated to the annexing or resulting districts shall be
17 computed by the State Board of Education on the basis of
18 pupil enrollment and other data which shall be certified to
19 the State Board of Education, on forms which it shall provide
20 for that purpose, by the regional superintendent of schools
21 for each educational service region in which the annexing and
22 annexed districts, or resulting and divided districts are
23 located.
24 (3.5) Claims for financial assistance under this
25 subsection (I) shall not be recomputed except as expressly
26 provided under this Section.
27 (4) Any supplementary payment made under this subsection
28 (I) shall be treated as separate from all other payments made
29 pursuant to this Section.
30 (J) Supplementary Grants in Aid.
31 (1) Notwithstanding any other provisions of this
32 Section, the amount of the aggregate general State aid in
33 combination with supplemental general State aid under this
34 Section for which each school district is eligible shall be
-30- LRB093 09588 NHT 09826 b
1 no less than the amount of the aggregate general State aid
2 entitlement that was received by the district under Section
3 18-8 (exclusive of amounts received under subsections 5(p)
4 and 5(p-5) of that Section) for the 1997-98 school year,
5 pursuant to the provisions of that Section as it was then in
6 effect. If a school district qualifies to receive a
7 supplementary payment made under this subsection (J), the
8 amount of the aggregate general State aid in combination with
9 supplemental general State aid under this Section which that
10 district is eligible to receive for each school year shall be
11 no less than the amount of the aggregate general State aid
12 entitlement that was received by the district under Section
13 18-8 (exclusive of amounts received under subsections 5(p)
14 and 5(p-5) of that Section) for the 1997-1998 school year,
15 pursuant to the provisions of that Section as it was then in
16 effect.
17 (2) If, as provided in paragraph (1) of this subsection
18 (J), a school district is to receive aggregate general State
19 aid in combination with supplemental general State aid under
20 this Section for the 1998-99 school year and any subsequent
21 school year that in any such school year is less than the
22 amount of the aggregate general State aid entitlement that
23 the district received for the 1997-98 school year, the school
24 district shall also receive, from a separate appropriation
25 made for purposes of this subsection (J), a supplementary
26 payment that is equal to the amount of the difference in the
27 aggregate State aid figures as described in paragraph (1).
28 (3) (Blank).
29 (K) Grants to Laboratory and Alternative Schools.
30 In calculating the amount to be paid to the governing
31 board of a public university that operates a laboratory
32 school under this Section or to any alternative school that
33 is operated by a regional superintendent of schools, the
34 State Board of Education shall require by rule such reporting
-31- LRB093 09588 NHT 09826 b
1 requirements as it deems necessary.
2 As used in this Section, "laboratory school" means a
3 public school which is created and operated by a public
4 university and approved by the State Board of Education. The
5 governing board of a public university which receives funds
6 from the State Board under this subsection (K) may not
7 increase the number of students enrolled in its laboratory
8 school from a single district, if that district is already
9 sending 50 or more students, except under a mutual agreement
10 between the school board of a student's district of residence
11 and the university which operates the laboratory school. A
12 laboratory school may not have more than 1,000 students,
13 excluding students with disabilities in a special education
14 program.
15 As used in this Section, "alternative school" means a
16 public school which is created and operated by a Regional
17 Superintendent of Schools and approved by the State Board of
18 Education. Such alternative schools may offer courses of
19 instruction for which credit is given in regular school
20 programs, courses to prepare students for the high school
21 equivalency testing program or vocational and occupational
22 training. A regional superintendent of schools may contract
23 with a school district or a public community college district
24 to operate an alternative school. An alternative school
25 serving more than one educational service region may be
26 established by the regional superintendents of schools of the
27 affected educational service regions. An alternative school
28 serving more than one educational service region may be
29 operated under such terms as the regional superintendents of
30 schools of those educational service regions may agree.
31 Each laboratory and alternative school shall file, on
32 forms provided by the State Superintendent of Education, an
33 annual State aid claim which states the Average Daily
34 Attendance of the school's students by month. The best 3
-32- LRB093 09588 NHT 09826 b
1 months' Average Daily Attendance shall be computed for each
2 school. The general State aid entitlement shall be computed
3 by multiplying the applicable Average Daily Attendance by the
4 Foundation Level as determined under this Section.
5 (L) Payments, Additional Grants in Aid and Other
6 Requirements.
7 (1) For a school district operating under the financial
8 supervision of an Authority created under Article 34A, the
9 general State aid otherwise payable to that district under
10 this Section, but not the supplemental general State aid,
11 shall be reduced by an amount equal to the budget for the
12 operations of the Authority as certified by the Authority to
13 the State Board of Education, and an amount equal to such
14 reduction shall be paid to the Authority created for such
15 district for its operating expenses in the manner provided in
16 Section 18-11. The remainder of general State school aid for
17 any such district shall be paid in accordance with Article
18 34A when that Article provides for a disposition other than
19 that provided by this Article.
20 (2) (Blank).
21 (3) Summer school. Summer school payments shall be made
22 as provided in Section 18-4.3.
23 (M) Education Funding Advisory Board.
24 The Education Funding Advisory Board, hereinafter in this
25 subsection (M) referred to as the "Board", is hereby created.
26 The Board shall consist of 5 members who are appointed by the
27 Governor, by and with the advice and consent of the Senate.
28 The members appointed shall include representatives of
29 education, business, and the general public. One of the
30 members so appointed shall be designated by the Governor at
31 the time the appointment is made as the chairperson of the
32 Board. The initial members of the Board may be appointed any
33 time after the effective date of this amendatory Act of 1997.
-33- LRB093 09588 NHT 09826 b
1 The regular term of each member of the Board shall be for 4
2 years from the third Monday of January of the year in which
3 the term of the member's appointment is to commence, except
4 that of the 5 initial members appointed to serve on the
5 Board, the member who is appointed as the chairperson shall
6 serve for a term that commences on the date of his or her
7 appointment and expires on the third Monday of January, 2002,
8 and the remaining 4 members, by lots drawn at the first
9 meeting of the Board that is held after all 5 members are
10 appointed, shall determine 2 of their number to serve for
11 terms that commence on the date of their respective
12 appointments and expire on the third Monday of January, 2001,
13 and 2 of their number to serve for terms that commence on the
14 date of their respective appointments and expire on the third
15 Monday of January, 2000. All members appointed to serve on
16 the Board shall serve until their respective successors are
17 appointed and confirmed. Vacancies shall be filled in the
18 same manner as original appointments. If a vacancy in
19 membership occurs at a time when the Senate is not in
20 session, the Governor shall make a temporary appointment
21 until the next meeting of the Senate, when he or she shall
22 appoint, by and with the advice and consent of the Senate, a
23 person to fill that membership for the unexpired term. If
24 the Senate is not in session when the initial appointments
25 are made, those appointments shall be made as in the case of
26 vacancies.
27 The Education Funding Advisory Board shall be deemed
28 established, and the initial members appointed by the
29 Governor to serve as members of the Board shall take office,
30 on the date that the Governor makes his or her appointment of
31 the fifth initial member of the Board, whether those initial
32 members are then serving pursuant to appointment and
33 confirmation or pursuant to temporary appointments that are
34 made by the Governor as in the case of vacancies.
-34- LRB093 09588 NHT 09826 b
1 The State Board of Education shall provide such staff
2 assistance to the Education Funding Advisory Board as is
3 reasonably required for the proper performance by the Board
4 of its responsibilities.
5 For school years after the 2000-2001 school year, the
6 Education Funding Advisory Board, in consultation with the
7 State Board of Education, shall make recommendations as
8 provided in this subsection (M) to the General Assembly for
9 the foundation level under subdivision (B)(3) of this Section
10 and for the supplemental general State aid grant level under
11 subsection (H) of this Section for districts with high
12 concentrations of children from poverty. The recommended
13 foundation level shall be determined based on a methodology
14 which incorporates the basic education expenditures of
15 low-spending schools exhibiting high academic performance.
16 The Education Funding Advisory Board shall make such
17 recommendations to the General Assembly on January 1 of odd
18 numbered years, beginning January 1, 2001.
19 (N) (Blank).
20 (O) References.
21 (1) References in other laws to the various subdivisions
22 of Section 18-8 as that Section existed before its repeal and
23 replacement by this Section 18-8.05 shall be deemed to refer
24 to the corresponding provisions of this Section 18-8.05, to
25 the extent that those references remain applicable.
26 (2) References in other laws to State Chapter 1 funds
27 shall be deemed to refer to the supplemental general State
28 aid provided under subsection (H) of this Section.
29 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96,
30 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99;
31 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff.
32 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
33 8-7-01; 92-604, eff. 7-1-02; 92-636, eff. 7-11-02; 92-651,
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1 eff. 7-11-02; revised 7-26-02.)
2 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
3 Sec. 18-12. Dates for filing State aid claims. The
4 school board of each school district shall require teachers,
5 principals, or superintendents to furnish from records kept
6 by them such data as it needs in preparing and certifying
7 under oath or affirmation to the regional superintendent its
8 school district report of claims provided in Sections 18-8.05
9 18-8 through 18-10 on blanks to be provided by the State
10 Superintendent of Education. The district claim shall be
11 based on the latest available equalized assessed valuation
12 and tax rates, as provided in Section 18-8.05 and shall use
13 the average daily attendance as determined by the method
14 outlined in Section 18-8.05 and shall be certified and filed
15 with the regional superintendent by July 1. Failure to so
16 file by July 1 constitutes a forfeiture of the right to
17 receive payment by the State until such claim is filed and
18 vouchered for payment. The regional superintendent of
19 schools shall certify the county report of claims by July 15;
20 and the State Superintendent of Education shall voucher for
21 payment those claims to the State Comptroller as provided in
22 Section 18-11.
23 Except as otherwise provided in this Section, if any
24 school district fails to provide the minimum school term
25 specified in Section 10-19, the State aid claim for that year
26 shall be reduced by the State Superintendent of Education in
27 an amount equivalent to 0.55555%.56818% for each day less
28 than the number of days required by this Code.
29 If the State Superintendent of Education determines that
30 the failure to provide the minimum school term was occasioned
31 by an act or acts of God, or was occasioned by conditions
32 beyond the control of the school district which posed a
33 hazardous threat to the health and safety of pupils, the
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1 State aid claim need not be reduced.
2 If the State Superintendent of Education determines that
3 the failure to provide the minimum school term was due to a
4 school being closed on or after September 11, 2001 for more
5 than one-half day of attendance due to a bioterrorism or
6 terrorism threat that was investigated by a law enforcement
7 agency, the State aid claim shall not be reduced.
8 If, during any school day, (i) a school district has
9 provided at least one clock hour of instruction but must
10 close the schools due to adverse weather conditions or due to
11 a condition beyond the control of the school district that
12 poses a hazardous threat to the health and safety of pupils
13 prior to providing the minimum hours of instruction required
14 for a full day of attendance, or (ii) the school district
15 must delay the start of the school day due to adverse weather
16 conditions and this delay prevents the district from
17 providing the minimum hours of instruction required for a
18 full day of attendance, the partial day of attendance may be
19 counted as a full day of attendance. The partial day of
20 attendance and the reasons therefor shall be certified in
21 writing within a month of the closing or delayed start by the
22 local school district superintendent to the Regional
23 Superintendent of Schools for forwarding to the State
24 Superintendent of Education for approval.
25 If a school building is ordered to be closed by the
26 school board, in consultation with a local emergency response
27 agency, due to a condition that poses a hazardous threat to
28 the health and safety of pupils, then the school district
29 shall have a grace period of 4 days in which the general
30 State aid claim shall not be reduced so that alternative
31 housing of the pupils may be located.
32 No exception to the requirement of providing a minimum
33 school term may be approved by the State Superintendent of
34 Education pursuant to this Section unless a school district
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1 has first used all emergency days provided for in its regular
2 calendar.
3 If the State Superintendent of Education declares that an
4 energy shortage exists during any part of the school year for
5 the State or a designated portion of the State, a district
6 may operate the school attendance centers within the district
7 4 days of the week during the time of the shortage by
8 extending each existing school day by one clock hour of
9 school work, and the State aid claim shall not be reduced,
10 nor shall the employees of that district suffer any reduction
11 in salary or benefits as a result thereof. A district may
12 operate all attendance centers on this revised schedule, or
13 may apply the schedule to selected attendance centers, taking
14 into consideration such factors as pupil transportation
15 schedules and patterns and sources of energy for individual
16 attendance centers.
17 No State aid claim may be filed for any district unless
18 the clerk or secretary of the school board executes and files
19 with the State Superintendent of Education, on forms
20 prescribed by the Superintendent, a sworn statement that the
21 district has complied with the requirements of Section
22 10-22.5 in regard to the nonsegregation of pupils on account
23 of color, creed, race, sex or nationality.
24 No State aid claim may be filed for any district unless
25 the clerk or secretary of the school board executes and files
26 with the State Superintendent of Education, on forms
27 prescribed by the Superintendent, a sworn statement that to
28 the best of his or her knowledge or belief the employing or
29 assigning personnel have complied with Section 24-4 in all
30 respects.
31 (Source: P.A. 92-661, eff. 7-16-02.)
32 (105 ILCS 5/2-3.16 rep.)
33 Section 10. The School Code is amended by repealing
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1 Section 2-3.16.
2 Section 99. Effective date. This Act takes effect on
3 July 1, 2003.
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