[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ House Amendment 002 ] | [ House Amendment 003 ] |
| [ House Amendment 004 ] |
90_SB1599ren
105 ILCS 5/2-3.17a from Ch. 122, par. 2-3.17a
Amends the School Code. Requires the State Board of
Education to annually cause an audit to be made of the
financial statements of all accounts, funds, and moneys of
all educational service centers (other than those of an
educational service center serving a school district located
in Chicago) in the same manner as such audits are made of the
financial statements of the accounts, funds, and moneys in
the care, custody, or control of regional superintendents.
Effective immediately.
LRB9010085THpk
SB1599 Re-enrolled LRB9010085THpk
1 AN ACT relating to 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 1A-8, 1B-8, and 2-3.17a, 2-3.66, 10-22.20, 13A-8,
6 and 18-8.05 as follows:
7 (105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
8 Sec. 1A-8. Powers of the Board in Assisting Districts
9 Deemed in Financial Difficulties. To promote the financial
10 integrity of school districts, the State Board of Education
11 shall be provided the necessary powers to promote sound
12 financial management and continue operation of the public
13 schools.
14 The State Board of Education, after proper investigation
15 of a district's financial condition, may certify that a
16 district, including any district subject to Article 34A, is
17 in financial difficulty when any of the following conditions
18 occur:
19 (1) The district has issued school orders for wages as
20 permitted in Sections 8-16, 32-7.2 and 34-76 of this Code, or
21 the district has issued funding bonds to retire teacher
22 orders in 3 of the 5 last years;
23 (2) The district has issued tax anticipation warrants or
24 tax anticipation notes in anticipation of a second year's
25 taxes when warrants or notes in anticipation of current year
26 taxes are still outstanding, as authorized by Sections 17-16,
27 34-23, 34-59 and 34-63 of this Code;
28 (3) The district has for 2 consecutive years shown an
29 excess of expenditures and other financing uses over revenues
30 and other financing sources and beginning fund balances on
31 its annual financial report for the aggregate totals of the
SB1599 Re-enrolled -2- LRB9010085THpk
1 Educational, Operations and Maintenance, Transportation, and
2 Working Cash Funds;.
3 (4) The district had an enrollment of no fewer than 4,000
4 pupils during the 1997-1998 school year, has been previously
5 certified to be in financial difficulty and requests to be
6 recertified as a result of continuing financial problems. No
7 recertification may be made under this item (4) after
8 December 31, 1999.
9 No school district shall be certified to be in financial
10 difficulty by reason of any of the above circumstances
11 arising as a result of the failure of the county to make any
12 distribution of property tax money due the district at the
13 time such distribution is due; or if the district clearly
14 demonstrates to the satisfaction of the State Board of
15 Education at the time of its determination that such
16 condition no longer exists. If the State Board of Education
17 certifies that a district in a city with 500,000 inhabitants
18 or more is in financial difficulty, the State Board shall so
19 notify the Governor and the Mayor of the city in which the
20 district is located. The State Board of Education may
21 require school districts in financial difficulty, except
22 those districts subject to Article 34A, to develop, adopt and
23 submit a financial plan within 45 days after certification of
24 financial difficulty. The financial plan shall be developed
25 according to guidelines presented to the district by the
26 State Board of Education within 14 days of certification.
27 Such guidelines shall address the specific nature of each
28 district's financial difficulties. Any proposed budget of the
29 district shall be consistent with the financial plan approved
30 by the State Board.
31 A district certified to be in financial difficulty, other
32 than a district subject to Article 34A, shall report to the
33 State Board of Education at such times and in such manner as
34 the State Board may direct, concerning the district's
SB1599 Re-enrolled -3- LRB9010085THpk
1 compliance with each financial plan. The State Board may
2 review the district's operations, obtain budgetary data and
3 financial statements, require the district to produce
4 reports, and have access to any other information in the
5 possession of the district that it deems relevant. The State
6 Board may issue recommendations or directives within its
7 powers to the district to assure compliance with the
8 financial plan. The district shall produce such budgetary
9 data, financial statements, reports and other information and
10 comply with such directives. If the State Board of Education
11 determines that a district has failed to comply with its
12 financial plan, the State Board of Education may rescind
13 approval of the plan and appoint a Financial Oversight Panel
14 for the district as provided in Section 1B-4. This action
15 shall be taken only after the district has been given notice
16 and an opportunity to appear before the State Board of
17 Education to discuss its failure to comply with its financial
18 plan.
19 No bonds, notes, teachers orders, tax anticipation
20 warrants or other evidences of indebtedness shall be issued
21 or sold by a school district or be legally binding upon or
22 enforceable against a local board of education of a district
23 certified to be in financial difficulty unless and until the
24 financial plan required under this Section has been approved
25 by the State Board of Education.
26 Any financial watch list distributed by the State Board
27 of Education pursuant to this Section shall designate those
28 school districts on the watch list that would not otherwise
29 be on the watch list were it not for the inability or refusal
30 of the State of Illinois to make timely disbursements of any
31 payments due school districts or to fully reimburse school
32 districts for mandated categorical programs pursuant to
33 reimbursement formulas provided in this School Code.
34 (Source: P.A. 88-555, eff. 7-27-94; 88-618, eff. 9-9-94;
SB1599 Re-enrolled -4- LRB9010085THpk
1 89-235, eff. 8-4-95.)
2 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
3 Sec. 1B-8. There is created in the State Treasury a
4 special fund to be known as the School District Emergency
5 Financial Assistance Fund (the "Fund"). The School District
6 Emergency Financial Assistance Fund shall consist of
7 appropriations, grants from the federal government and
8 donations from any public or private source. Moneys in the
9 Fund may be appropriated only to the State Board for the
10 purposes of this Article. The appropriation may be allocated
11 and expended by the State Board as grants or loans to school
12 districts which are the subject of an approved petition for
13 emergency financial assistance under Section 1B-4. From the
14 amount allocated to each such school district the State Board
15 shall identify a sum sufficient to cover all approved costs
16 of the Financial Oversight Panel established for the
17 respective school district. If the State Board and State
18 Superintendent of Education have not approved emergency
19 financial assistance in conjunction with the appointment of a
20 Financial Oversight Panel, the Panel's approved costs shall
21 be paid from deductions from the district's general State
22 aid.
23 The Financial Oversight Panel may prepare and file with
24 the State Superintendent a proposal for emergency financial
25 assistance for the school district and for the operations
26 budget of the Panel. No expenditures shall be authorized by
27 the State Superintendent until he has approved the proposal
28 of the Panel, either as submitted or in such lesser amount
29 determined by the State Superintendent.
30 The maximum amount of an emergency financial assistance
31 loan which may be allocated to any school district under this
32 Article, including moneys necessary for the operations of the
33 Panel, shall not exceed $1000 times the number of pupils
SB1599 Re-enrolled -5- LRB9010085THpk
1 enrolled in the school district during the school year ending
2 June 30 prior to the date of approval by the State Board of
3 the petition for emergency financial assistance, as certified
4 to the local board and the Panel by the State Superintendent.
5 An emergency financial assistance grant shall not exceed $250
6 times the number of such pupils. A district may receive both
7 a loan and a grant.
8 The payment of an emergency State financial assistance
9 grant or loan shall be subject to appropriation by the
10 General Assembly. Emergency State financial assistance
11 allocated and paid to a school district under this Article
12 may be applied to any fund or funds from which the local
13 board of education of that district is authorized to make
14 expenditures by law.
15 Any emergency financial assistance proposed by the
16 Financial Oversight Panel and approved by the State
17 Superintendent may be paid in its entirety during the initial
18 year of the Panel's existence or spread in equal or declining
19 amounts over a period of years not to exceed the period of
20 the Panel's existence. All loan payments made from the
21 School District Emergency Financial Assistance Fund for a
22 school district shall be required to be repaid, with simple
23 interest over the term of the loan at a rate equal to 50% of
24 the discount rate on one-year United States Treasury Bills as
25 determined by the last auction of those one-year bills that
26 precedes the date on which the district's loan is approved by
27 the State Board of Education at the rate of 4%, not later
28 than the date the Financial Oversight Panel ceases to exist.
29 The Panel shall establish and the State Superintendent shall
30 approve the terms and conditions, including the schedule, of
31 repayments. The schedule shall provide for repayments
32 commencing July 1 of each year. Repayment shall be
33 incorporated into the annual budget of the school district
34 and may be made from any fund or funds of the district in
SB1599 Re-enrolled -6- LRB9010085THpk
1 which there are moneys available. When moneys are repaid as
2 provided herein they shall not be made available to the local
3 board for further use as emergency financial assistance under
4 this Article at any time thereafter. All repayments required
5 to be made by a school district shall be received by the
6 State Board and deposited in the School District Emergency
7 Financial Assistance Fund.
8 In establishing the terms and conditions for the
9 repayment obligation of the school district the Panel shall
10 annually determine whether a separate local property tax levy
11 is required. The board of any school district with a tax
12 rate for educational purposes for the prior year of less than
13 120% of the maximum rate for educational purposes authorized
14 by Section 17-2 shall provide for a separate tax levy for
15 emergency financial assistance repayment purposes. Such tax
16 levy shall not be subject to referendum approval. The amount
17 of the levy shall be equal to the amount necessary to meet
18 the annual repayment obligations of the district as
19 established by the Panel, or 20% of the amount levied for
20 educational purposes for the prior year, whichever is less.
21 However, no district shall be required to levy the tax if the
22 district's operating tax rate as determined under Section
23 18-8 or 18-8.05 exceeds 200% of the district's tax rate for
24 educational purposes for the prior year.
25 (Source: P.A. 90-548, eff. 1-1-98.)
26 (105 ILCS 5/2-3.17a) (from Ch. 122, par. 2-3.17a)
27 Sec. 2-3.17a. Financial audits. The State Board of
28 Education shall annually cause an audit to be made, as of
29 June 30, 1986 and as of June 30th of each year thereafter, of
30 the financial statements of all accounts, funds and other
31 moneys in the care, custody or control of the regional
32 superintendent of schools of each educational service region
33 in the State and of each educational service center
SB1599 Re-enrolled -7- LRB9010085THpk
1 established under Section 2-3.62 of this Act other than an
2 educational service center serving a school district in a
3 city having a population exceeding 500,000. The audit shall
4 be conducted in accordance with Generally Accepted
5 Governmental Auditing Standards and shall include an
6 examination of supporting books and records and a
7 representative sample of vouchers for distributions and
8 expenditures. On February 15, 1991, and on February 15 of
9 each year thereafter, the State Board of Education shall
10 notify the Legislative Audit Commission in writing of the
11 completion or of the reasons for the noncompletion of each
12 audit required by this Section to be made as of the preceding
13 June 30. An audit report shall be prepared for each audit
14 made pursuant to this Section, and all such audit reports
15 shall be kept on file in the office of the State Board of
16 Education. Within 60 days after each audit report required to
17 be prepared under this Section is completed, the State Board
18 of Education: (i) shall furnish a copy of such audit report
19 to each member of the General Assembly whose legislative or
20 representative district includes any part of the educational
21 service region served by the regional superintendent of
22 schools with respect to whose financial statements that audit
23 report was prepared or any part of the area served by the
24 educational service center that is the subject of the audit;
25 and (ii) shall publish in a newspaper published in that
26 educational service region or area served by the educational
27 service center that is the subject of the audit a notice that
28 the audit report has been prepared and is available for
29 inspection during regular business hours at the office of the
30 regional superintendent of schools of that educational
31 service region or at the administrative office of the
32 educational service center. Each audit shall be made in such
33 manner as to determine, and each audit report shall be
34 prepared in such manner as to state:
SB1599 Re-enrolled -8- LRB9010085THpk
1 (a) The balances on hand of all accounts, funds and
2 other moneys in the care, custody or control of the regional
3 superintendent of schools or educational service center at
4 the beginning of the fiscal year being audited;
5 (b) the amount of funds received during the fiscal year
6 by source;
7 (c) the amount of funds distributed or otherwise paid by
8 the regional superintendent of schools or educational service
9 center to each school treasurer in his or her educational
10 service region or area, including the purpose of such
11 distribution or payment and the fund or account from which
12 such distribution or payment is made;
13 (d) the amounts paid or otherwise disbursed by the
14 regional superintendent of schools or educational service
15 center -- other than the amounts distributed or paid by the
16 regional superintendent of schools or educational service
17 center to school treasurers as described in paragraph (c)
18 above -- for all other purposes and expenditures, including
19 the fund or account from which such payments or disbursements
20 are made and the purpose thereof; and
21 (e) the balances on hand of all accounts, funds and
22 other moneys in the care, custody or control of the regional
23 superintendent of schools or educational service center at
24 the end of the fiscal year being audited.
25 The State Board of Education shall adopt rules and
26 regulations relative to the time and manner by which the
27 regional superintendent of schools or educational service
28 center shall present for inspection or make available to the
29 State Board of Education, or to the agents designated by such
30 Board to make an audit and prepare an audit report pursuant
31 to this Section, all financial statements, books, records,
32 vouchers for distributions and expenditures, and records of
33 accounts, funds and other moneys in the care, custody or
34 control of the regional superintendent of schools or
SB1599 Re-enrolled -9- LRB9010085THpk
1 educational service center and required for purposes of
2 making such audit and preparing an audit and preparing an
3 audit report.
4 (f) The State Board of Education shall require the
5 regional superintendent of schools of each educational
6 service region or administrator of each educational service
7 center to promptly implement all recommendations based on
8 audit findings resulting from a violation of law made in
9 audits prepared pursuant to this Section, unless the State
10 Board of Education, upon review, determines, with regard to
11 any such finding, that implementation of the recommendation
12 is not appropriate.
13 (Source: P.A. 85-1389; 86-1332.)
14 (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
15 Sec. 2-3.66. Truants' alternative and optional education
16 programs. To establish pilot projects to offer modified
17 instructional programs or other services designed to prevent
18 students from dropping out of school, including programs
19 pursuant to Section 2-3.41, and to serve as a part time or
20 full time option in lieu of regular school attendance and to
21 award grants to local school districts, educational service
22 regions or community college districts from appropriated
23 funds to assist districts in establishing such projects. The
24 education agency may operate its own program or enter into a
25 contract with another not-for-profit entity to implement the
26 program. The pilot projects shall allow dropouts, up to and
27 including age 21, potential dropouts, including truants,
28 uninvolved, unmotivated and disaffected students, as defined
29 by State Board of Education rules and regulations, to enroll,
30 as an alternative to regular school attendance, in an
31 optional education program which may be established by school
32 board policy and is in conformance with rules adopted by the
33 State Board of Education. Truants' Alternative and Optional
SB1599 Re-enrolled -10- LRB9010085THpk
1 Education programs funded pursuant to this Section shall be
2 planned by a student, the student's parents or legal
3 guardians, unless the student is 18 years or older, and
4 school officials and shall culminate in an individualized
5 optional education plan. Such plan shall focus on academic
6 or vocational skills, or both, and may include, but not be
7 limited to, evening school, summer school, community college
8 courses, adult education, preparation courses for the high
9 school level test of General Educational Development,
10 vocational training, work experience, programs to enhance
11 self concept and parenting courses. School districts which
12 are awarded grants pursuant to this Section shall be
13 authorized to provide day care services to children of
14 students who are eligible and desire to enroll in programs
15 established and funded under this Section, but only if and to
16 the extent that such day care is necessary to enable those
17 eligible students to attend and participate in the programs
18 and courses which are conducted pursuant to this Section.
19 The Board shall report on the status of the pilot projects
20 pursuant to Section 1A-4. School districts and regional
21 offices of education may claim general State aid under
22 Section 18-8.05 for students enrolled in truants' alternative
23 and optional education programs, provided that such students
24 are receiving services that are supplemental to a program
25 leading to a high school diploma and are otherwise eligible
26 to be claimed for general State aid under Section 18-8.05.
27 (Source: P.A. 86-339.)
28 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
29 Sec. 10-22.20. Classes for adults and youths whose
30 schooling has been interrupted; Conditions for State
31 reimbursement; Use of child care facilities.
32 (a) To establish special classes for the instruction (1)
33 of persons of age 21 years or over, and (2) of persons less
SB1599 Re-enrolled -11- LRB9010085THpk
1 than age 21 and not otherwise in attendance in public school,
2 for the purpose of providing adults in the community, and
3 youths whose schooling has been interrupted, with such
4 additional basic education, vocational skill training, and
5 other instruction as may be necessary to increase their
6 qualifications for employment or other means of self-support
7 and their ability to meet their responsibilities as citizens
8 including courses of instruction regularly accepted for
9 graduation from elementary or high schools and for
10 Americanization and General Educational Development Review
11 classes.
12 The board shall pay the necessary expenses of such
13 classes out of school funds of the district, including costs
14 of student transportation and such facilities or provision
15 for child-care as may be necessary in the judgment of the
16 board to permit maximum utilization of the courses by
17 students with children, and other special needs of the
18 students directly related to such instruction. The expenses
19 thus incurred shall be subject to State reimbursement, as
20 provided in this Section. The board may make a tuition
21 charge for persons taking instruction who are not subject to
22 State reimbursement, such tuition charge not to exceed the
23 per capita cost of such classes.
24 The cost of such instruction, including the additional
25 expenses herein authorized, incurred for recipients of
26 financial aid under the Illinois Public Aid Code, or for
27 persons for whom education and training aid has been
28 authorized under Section 9-8 of that Code, shall be assumed
29 in its entirety from funds appropriated by the State to the
30 State Board of Education.
31 (b) The State Board of Education and the Illinois
32 Community College Board shall annually enter into an
33 interagency agreement to implement this Section. The
34 interagency agreement shall establish the standards for the
SB1599 Re-enrolled -12- LRB9010085THpk
1 courses of instruction reimbursed under this Section. The
2 State Board of Education shall supervise the administration
3 of the programs. The State Board of Education shall
4 determine the cost of instruction in accordance with
5 standards jointly established by the State Board of Education
6 and the Illinois Community College Board as set forth in the
7 interagency agreement, including therein other incidental
8 costs as herein authorized, which shall serve as the basis of
9 State reimbursement in accordance with the provisions of
10 this Section. In the approval of programs and the
11 determination of the cost of instruction, the State Board of
12 Education shall provide for the maximum utilization of
13 federal funds for such programs. The interagency agreement
14 shall also include:
15 (1) the development of an index of need for program
16 planning and for area funding allocations as defined by
17 the State Board of Education;
18 (2) the method for calculating hours of
19 instruction, as defined by the State Board of Education,
20 claimable for reimbursement and a method to phase in the
21 calculation and for adjusting the calculations in cases
22 where the services of a program are interrupted due to
23 circumstances beyond the control of the program provider;
24 (3) a plan for the reallocation of funds to
25 increase the amount allocated for grants based upon
26 program performance as set forth in subsection (d) below;
27 and
28 (4) the development of standards for determining
29 grants based upon performance as set forth in subsection
30 (d) below and a plan for the phased-in implementation of
31 those standards.
32 For instruction provided by school districts and
33 community college districts beginning July 1, 1996 and
34 thereafter, reimbursement provided by the State Board of
SB1599 Re-enrolled -13- LRB9010085THpk
1 Education for classes authorized by this Section shall be
2 provided pursuant to the terms of the interagency agreement
3 from funds appropriated for the reimbursement criteria set
4 forth in subsection (c) below.
5 (c) Upon the annual approval of the interagency
6 agreement, reimbursement shall be first provided for
7 transportation, child care services, and other special needs
8 of the students directly related to instruction and then from
9 the funds remaining an amount equal to the product of the
10 total credit hours or units of instruction approved by the
11 State Board of Education, multiplied by the following:
12 (1) For adult basic education, the maximum
13 reimbursement per credit hour or per unit of instruction
14 shall be equal to the general state aid per pupil
15 foundation level established in subsections 5(a) through
16 5(d) of Section 18-8 or subsection (B) of Section
17 18-8.05, divided by 60;
18 (2) The maximum reimbursement per credit hour or
19 per unit of instruction in subparagraph (1) above shall
20 be weighted for students enrolled in classes defined as
21 vocational skills and approved by the State Board of
22 Education by 1.25;
23 (3) The maximum reimbursement per credit hour or
24 per unit of instruction in subparagraph (1) above shall
25 be multiplied by .90 for students enrolled in classes
26 defined as adult secondary education programs and
27 approved by the State Board of Education;
28 (4) For community college districts the maximum
29 reimbursement per credit hour in subparagraphs (1), (2),
30 and (3) above shall be reduced by the Adult Basic
31 Education/Adult Secondary Education/English As A Second
32 Language credit hour grant rate prescribed in Section
33 2-16.02 of the Public Community College Act, as pro-rated
34 to the appropriation level; and
SB1599 Re-enrolled -14- LRB9010085THpk
1 (5) Programs receiving funds under the formula that
2 was in effect during the 1994-1995 program year which
3 continue to be approved and which generate at least 80%
4 of the hours claimable in 1994-95, or in the case of
5 programs not approved in 1994-95 at least 80% of the
6 hours claimable in 1995-96, shall have funding for
7 subsequent years based upon 100% of the 1995-96 formula
8 funding level for 1996-97, 90% of the 1995-96 formula
9 funding level for 1997-98, 80% of the 1995-96 formula
10 funding level for 1998-99, and 70% of the 1995-96 formula
11 funding level for 1999-2000. For any approved program
12 which generates less than 80% of the claimable hours in
13 its base year, the level of funding pursuant to this
14 paragraph shall be reduced proportionately. Funding for
15 program years after 1999-2000 shall be pursuant to the
16 interagency agreement.
17 (d) Upon the annual approval of the interagency
18 agreement, the State Board of Education shall provide grants
19 to eligible programs for supplemental activities to improve
20 or expand services under the Adult Education Act. Eligible
21 programs shall be determined based upon performance outcomes
22 of students in the programs as set forth in the interagency
23 agreement.
24 (e) Reimbursement under this Section shall not exceed
25 the actual costs of the approved program.
26 If the amount appropriated to the State Board of
27 Education for reimbursement under this Section is less than
28 the amount required under this Act, the apportionment shall
29 be proportionately reduced.
30 School districts and community college districts may
31 assess students up to $3.00 per credit hour, for classes
32 other than Adult Basic Education level programs, if needed to
33 meet program costs.
34 (f) An education plan shall be established for each
SB1599 Re-enrolled -15- LRB9010085THpk
1 adult or youth whose schooling has been interrupted and who
2 is participating in the instructional programs provided under
3 this Section.
4 Each school board and community college shall keep an
5 accurate and detailed account of the students assigned to and
6 receiving instruction under this Section who are subject to
7 State reimbursement and shall submit reports of services
8 provided commencing with fiscal year 1997 as required in the
9 interagency agreement.
10 For classes authorized under this Section, a credit hour
11 or unit of instruction is equal to 15 hours of direct
12 instruction for students enrolled in approved adult education
13 programs at midterm and making satisfactory progress, in
14 accordance with standards jointly established by the State
15 Board of Education and the Illinois Community College Board
16 as set forth in the interagency agreement.
17 (g) Upon proof submitted to the Illinois Department of
18 Human Services of the payment of all claims submitted under
19 this Section, that Department shall apply for federal funds
20 made available therefor and any federal funds so received
21 shall be paid into the General Revenue Fund in the State
22 Treasury.
23 School districts or community colleges providing classes
24 under this Section shall submit applications to the State
25 Board of Education for preapproval in accordance with the
26 standards jointly established by the State Board of Education
27 and the Illinois Community College Board as set forth in the
28 interagency agreement. Payments shall be made by the State
29 Board of Education based upon approved programs. Interim
30 expenditure reports may be required by the State Board of
31 Education as set forth in the interagency agreement. Final
32 claims for the school year shall be submitted to the regional
33 superintendents for transmittal to the State Board of
34 Education as set forth in the interagency agreement. Final
SB1599 Re-enrolled -16- LRB9010085THpk
1 adjusted payments shall be made by September 30.
2 If a school district or community college district fails
3 to provide, or is providing unsatisfactory or insufficient
4 classes under this Section, the State Board of Education may
5 enter into agreements with public or private educational or
6 other agencies other than the public schools for the
7 establishment of such classes.
8 (h) If a school district or community college district
9 establishes child-care facilities for the children of
10 participants in classes established under this Section, it
11 may extend the use of these facilities to students who have
12 obtained employment and to other persons in the community
13 whose children require care and supervision while the parent
14 or other person in charge of the children is employed or
15 otherwise absent from the home during all or part of the day.
16 It may make the facilities available before and after as well
17 as during regular school hours to school age and preschool
18 age children who may benefit thereby, including children who
19 require care and supervision pending the return of their
20 parent or other person in charge of their care from
21 employment or other activity requiring absence from the home.
22 The State Board of Education shall pay to the board the
23 cost of care in the facilities for any child who is a
24 recipient of financial aid under The Illinois Public Aid
25 Code.
26 The board may charge for care of children for whom it
27 cannot make claim under the provisions of this Section. The
28 charge shall not exceed per capita cost, and to the extent
29 feasible, shall be fixed at a level which will permit
30 utilization by employed parents of low or moderate income.
31 It may also permit any other State or local governmental
32 agency or private agency providing care for children to
33 purchase care.
34 After July 1, 1970 when the provisions of Section
SB1599 Re-enrolled -17- LRB9010085THpk
1 10-20.20 become operative in the district, children in a
2 child-care facility shall be transferred to the kindergarten
3 established under that Section for such portion of the day as
4 may be required for the kindergarten program, and only the
5 prorated costs of care and training provided in the Center
6 for the remaining period shall be charged to the Illinois
7 Department of Human Services or other persons or agencies
8 paying for such care.
9 (i) The provisions of this Section shall also apply to
10 school districts having a population exceeding 500,000.
11 (j) In addition to claiming reimbursement under this
12 Section, a school district may claim general State aid under
13 Section 18-8.05 for any student under age 21 who is enrolled
14 in courses accepted for graduation from elementary or high
15 school and who otherwise meets the requirements of Section
16 18-8.05.
17 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
18 90-14, eff. 7-1-97; 90-548, eff. 1-1-98.)
19 (105 ILCS 5/13A-8)
20 Sec. 13A-8. Funding.
21 (a) The State of Illinois shall provide new and
22 additional funding for the alternative school programs within
23 each educational service region and within the Chicago public
24 school system by line item appropriation made to the State
25 Board of Education for that purpose. This money, when
26 appropriated, shall be provided to the regional
27 superintendent and to the Chicago Board of Education, who
28 shall establish a budget, including salaries, for their
29 alternative school programs all alternative schools in that
30 region. Each program shall receive funding in the amount of
31 $30,000 plus an amount based on the ratio of the region's or
32 Chicago's best 3 months' average daily attendance in grades
33 pre-kindergarten through 12 to the statewide totals of these
SB1599 Re-enrolled -18- LRB9010085THpk
1 amounts. For purposes of this calculation, the best 3
2 months' average daily attendance for each region or Chicago
3 shall be calculated by adding to the best 3 months' average
4 daily attendance the number of low-income students identified
5 in the most recently available federal census multiplied by
6 one-half times the percentage of the region's or Chicago's
7 low-income students to the State's total low-income students.
8 The State Board of Education shall retain up to 1.1% of the
9 appropriation to be used to provide technical assistance,
10 professional development, and evaluations for the programs.
11 (a-5) Notwithstanding any other provisions of this
12 Section, for the 1998-1999 fiscal year, the total amount
13 distributed under subsection (a) for an alternative school
14 program shall be not less than the total amount that was
15 distributed under that subsection for that alternative school
16 program for the 1997-1998 fiscal year. If an alternative
17 school program is to receive a total distribution under
18 subsection (a) for the 1998-1999 fiscal year that is less
19 than the total distribution that the program received under
20 that subsection for the 1997-1998 fiscal year, that
21 alternative school program shall also receive, from a
22 separate appropriation made for purposes of this subsection
23 (a-5), a supplementary payment equal to the amount by which
24 its total distribution under subsection (a) for the 1997-1998
25 fiscal year exceeds the amount of the total distribution that
26 the alternative school program receives under that subsection
27 for the 1998-1999 fiscal year. If the amount appropriated for
28 supplementary payments to alternative school programs under
29 this subsection (a-5) is insufficient for that purpose, those
30 supplementary payments shall be prorated among the
31 alternative school programs entitled to receive those
32 supplementary payments according to the aggregate amount of
33 the appropriation made for purposes of this subsection (a-5).
34 (b) An alternative school program shall be entitled to
SB1599 Re-enrolled -19- LRB9010085THpk
1 receive general State aid as calculated in subsection (K)
2 Part B of Section 18-8.05 18-8 upon filing a claim as
3 provided therein. Any time that a student who is enrolled in
4 an alternative school program spends in work-based learning,
5 community service, or a similar alternative educational
6 setting shall be included in determining the student's
7 minimum number of clock hours of daily school work that
8 constitute a day of attendance for purposes of calculating
9 general State aid.
10 (c) An alternative school program may receive additional
11 funding from its school districts in such amount as may be
12 agreed upon by the parties and necessary to support the
13 program. In addition, an alternative school program is
14 authorized to accept and expend gifts, legacies, and grants,
15 including but not limited to federal grants, from any source
16 for purposes directly related to the conduct and operation of
17 the program.
18 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
19 89-636, eff. 8-9-96; 90-14, eff. 7-1-97; 90-283, eff.
20 7-31-97.)
21 (105 ILCS 5/18-8.05)
22 (This Section may contain text from a Public Act with a
23 delayed effective date.)
24 Sec. 18-8.05. Basis for apportionment of general State
25 financial aid and supplemental general State aid to the
26 common schools for the 1998-1999 and subsequent school years.
27 (A) General Provisions.
28 (1) The provisions of this Section apply to the
29 1998-1999 and subsequent school years. The system of general
30 State financial aid provided for in this Section is designed
31 to assure that, through a combination of State financial aid
32 and required local resources, the financial support provided
33 each pupil in Average Daily Attendance equals or exceeds a
SB1599 Re-enrolled -20- LRB9010085THpk
1 prescribed per pupil Foundation Level. This formula approach
2 imputes a level of per pupil Available Local Resources and
3 provides for the basis to calculate a per pupil level of
4 general State financial aid that, when added to Available
5 Local Resources, equals or exceeds the Foundation Level. The
6 amount of per pupil general State financial aid for school
7 districts, in general, varies in inverse relation to
8 Available Local Resources. Per pupil amounts are based upon
9 each school district's Average Daily Attendance as that term
10 is defined in this Section.
11 (2) In addition to general State financial aid, school
12 districts with specified levels or concentrations of pupils
13 from low income households are eligible to receive
14 supplemental general State financial aid grants as provided
15 pursuant to subsection (H). The supplemental State aid grants
16 provided for school districts under subsection (H) shall be
17 appropriated for distribution to school districts as part of
18 the same line item in which the general State financial aid
19 of school districts is appropriated under this Section.
20 (3) To receive financial assistance under this Section,
21 school districts are required to file claims with the State
22 Board of Education, subject to the following requirements:
23 (a) Any school district which fails for any given
24 school year to maintain school as required by law, or to
25 maintain a recognized school is not eligible to file for
26 such school year any claim upon the Common School Fund.
27 In case of nonrecognition of one or more attendance
28 centers in a school district otherwise operating
29 recognized schools, the claim of the district shall be
30 reduced in the proportion which the Average Daily
31 Attendance in the attendance center or centers bear to
32 the Average Daily Attendance in the school district. A
33 "recognized school" means any public school which meets
34 the standards as established for recognition by the State
SB1599 Re-enrolled -21- LRB9010085THpk
1 Board of Education. A school district or attendance
2 center not having recognition status at the end of a
3 school term is entitled to receive State aid payments due
4 upon a legal claim which was filed while it was
5 recognized.
6 (b) School district claims filed under this Section
7 are subject to Sections 18-9, 18-10, and 18-12, except as
8 otherwise provided in this Section.
9 (c) If a school district operates a full year
10 school under Section 10-19.1, the general State aid to
11 the school district shall be determined by the State
12 Board of Education in accordance with this Section as
13 near as may be applicable.
14 (d) Claims for financial assistance under this
15 Section shall not be recomputed except as expressly
16 provided under this Section.
17 (4) Except as provided in subsections (H) and (L), the
18 board of any district receiving any of the grants provided
19 for in this Section may apply those funds to any fund so
20 received for which that board is authorized to make
21 expenditures by law.
22 School districts are not required to exert a minimum
23 Operating Tax Rate in order to qualify for assistance under
24 this Section.
25 (5) As used in this Section the following terms, when
26 capitalized, shall have the meaning ascribed herein:
27 (a) "Average Daily Attendance": A count of pupil
28 attendance in school, averaged as provided for in
29 subsection (C) and utilized in deriving per pupil
30 financial support levels.
31 (b) "Available Local Resources": A computation of
32 local financial support, calculated on the basis Average
33 Daily Attendance and derived as provided pursuant to
34 subsection (D).
SB1599 Re-enrolled -22- LRB9010085THpk
1 (c) "Corporate Personal Property Replacement
2 Taxes": Funds paid to local school districts pursuant to
3 "An Act in relation to the abolition of ad valorem
4 personal property tax and the replacement of revenues
5 lost thereby, and amending and repealing certain Acts and
6 parts of Acts in connection therewith", certified August
7 14, 1979, as amended (Public Act 81-1st S.S.-1).
8 (d) "Foundation Level": A prescribed level of per
9 pupil financial support as provided for in subsection
10 (B).
11 (e) "Operating Tax Rate": All school district
12 property taxes extended for all purposes, except
13 community college educational purposes for the payment of
14 tuition under Section 6-1 of the Public Community College
15 Act, Bond and Interest, Summer School, Rent, Capital
16 Improvement, and Vocational Education Building purposes.
17 (B) Foundation Level.
18 (1) The Foundation Level is a figure established by the
19 State representing the minimum level of per pupil financial
20 support that should be available to provide for the basic
21 education of each pupil in Average Daily Attendance. As set
22 forth in this Section, each school district is assumed to
23 exert a sufficient local taxing effort such that, in
24 combination with the aggregate of general State financial aid
25 provided the district, an aggregate of State and local
26 resources are available to meet the basic education needs of
27 pupils in the district.
28 (2) For the 1998-1999 school year, the Foundation Level
29 of support is $4,225. For the 1999-2000 school year, the
30 Foundation Level of support is $4,325. For the 2000-2001
31 school year, the Foundation Level of support is $4,425.
32 (3) For the 2001-2002 school year and each school year
33 thereafter, the Foundation Level of support is $4,425 or such
34 greater amount as may be established by law by the General
SB1599 Re-enrolled -23- LRB9010085THpk
1 Assembly.
2 (C) Average Daily Attendance.
3 (1) For purposes of calculating general State aid
4 pursuant to subsection (E), an Average Daily Attendance
5 figure shall be utilized. The Average Daily Attendance
6 figure for formula calculation purposes shall be the monthly
7 average of the actual number of pupils in attendance of each
8 school district, as further averaged for the best 3 months of
9 pupil attendance for each school district. In compiling the
10 figures for the number of pupils in attendance, school
11 districts and the State Board of Education shall, for
12 purposes of general State aid funding, conform attendance
13 figures to the requirements of subsection (F).
14 (2) The Average Daily Attendance figures utilized in
15 subsection (E) shall be the requisite attendance data for the
16 school year immediately preceding the school year for which
17 general State aid is being calculated.
18 (D) Available Local Resources.
19 (1) For purposes of calculating general State aid
20 pursuant to subsection (E), a representation of Available
21 Local Resources per pupil, as that term is defined and
22 determined in this subsection, shall be utilized. Available
23 Local Resources per pupil shall include a calculated dollar
24 amount representing local school district revenues from local
25 property taxes and from Corporate Personal Property
26 Replacement Taxes, expressed on the basis of pupils in
27 Average Daily Attendance.
28 (2) In determining a school district's revenue from
29 local property taxes, the State Board of Education shall
30 utilize the equalized assessed valuation of all taxable
31 property of each school district as of September 30 of the
32 previous year. The equalized assessed valuation utilized
33 shall be obtained and determined as provided in subsection
SB1599 Re-enrolled -24- LRB9010085THpk
1 (G).
2 (3) For school districts maintaining grades kindergarten
3 through 12, local property tax revenues per pupil shall be
4 calculated as the product of the applicable equalized
5 assessed valuation for the district multiplied by 3.00%, and
6 divided by the district's Average Daily Attendance figure.
7 For school districts maintaining grades kindergarten through
8 8, local property tax revenues per pupil shall be calculated
9 as the product of the applicable equalized assessed valuation
10 for the district multiplied by 2.30%, and divided by the
11 district's Average Daily Attendance figure. For school
12 districts maintaining grades 9 through 12, local property tax
13 revenues per pupil shall be the applicable equalized assessed
14 valuation of the district multiplied by 1.20%, and divided by
15 the district's Average Daily Attendance figure.
16 (4) The Corporate Personal Property Replacement Taxes
17 paid to each school district during the calendar year 2 years
18 before the calendar year in which a school year begins,
19 divided by the Average Daily Attendance figure for that
20 district, shall be added to the local property tax revenues
21 per pupil as derived by the application of the immediately
22 preceding paragraph (3). The sum of these per pupil figures
23 for each school district shall constitute Available Local
24 Resources as that term is utilized in subsection (E) in the
25 calculation of general State aid.
26 (E) Computation of General State Aid.
27 (1) For each school year, the amount of general State
28 aid allotted to a school district shall be computed by the
29 State Board of Education as provided in this subsection.
30 (2) For any school district for which Available Local
31 Resources per pupil is less than the product of 0.93 times
32 the Foundation Level, general State aid for that district
33 shall be calculated as an amount equal to the Foundation
34 Level minus Available Local Resources, multiplied by the
SB1599 Re-enrolled -25- LRB9010085THpk
1 Average Daily Attendance of the school district.
2 (3) For any school district for which Available Local
3 Resources per pupil is equal to or greater than the product
4 of 0.93 times the Foundation Level and less than the product
5 of 1.75 times the Foundation Level, the general State aid per
6 pupil shall be a decimal proportion of the Foundation Level
7 derived using a linear algorithm. Under this linear
8 algorithm, the calculated general State aid per pupil shall
9 decline in direct linear fashion from 0.07 times the
10 Foundation Level for a school district with Available Local
11 Resources equal to the product of 0.93 times the Foundation
12 Level, to 0.05 times the Foundation Level for a school
13 district with Available Local Resources equal to the product
14 of 1.75 times the Foundation Level. The allocation of
15 general State aid for school districts subject to this
16 paragraph 3 shall be the calculated general State aid per
17 pupil figure multiplied by the Average Daily Attendance of
18 the school district.
19 (4) For any school district for which Available Local
20 Resources per pupil equals or exceeds the product of 1.75
21 times the Foundation Level, the general State aid for the
22 school district shall be calculated as the product of $218
23 multiplied by the Average Daily Attendance of the school
24 district.
25 (F) Compilation of Average Daily Attendance.
26 (1) Each school district shall, by July 1 of each year,
27 submit to the State Board of Education, on forms prescribed
28 by the State Board of Education, attendance figures for the
29 school year that began in the preceding calendar year. The
30 attendance information so transmitted shall identify the
31 average daily attendance figures for each month of the school
32 year, except that any days of attendance in August shall be
33 added to the month of September and any days of attendance in
34 June shall be added to the month of May.
SB1599 Re-enrolled -26- LRB9010085THpk
1 Except as otherwise provided in this Section, days of
2 attendance by pupils shall be counted only for sessions of
3 not less than 5 clock hours of school work per day under
4 direct supervision of: (i) teachers, or (ii) non-teaching
5 personnel or volunteer personnel when engaging in
6 non-teaching duties and supervising in those instances
7 specified in subsection (a) of Section 10-22.34 and paragraph
8 10 of Section 34-18, with pupils of legal school age and in
9 kindergarten and grades 1 through 12.
10 Days of attendance by tuition pupils shall be accredited
11 only to the districts that pay the tuition to a recognized
12 school.
13 (2) Days of attendance by pupils of less than 5 clock
14 hours of school shall be subject to the following provisions
15 in the compilation of Average Daily Attendance.
16 (a) Pupils regularly enrolled in a public school
17 for only a part of the school day may be counted on the
18 basis of 1/6 day for every class hour of instruction of
19 40 minutes or more attended pursuant to such enrollment.
20 (b) Days of attendance may be less than 5 clock
21 hours on the opening and closing of the school term, and
22 upon the first day of pupil attendance, if preceded by a
23 day or days utilized as an institute or teachers'
24 workshop.
25 (c) A session of 4 or more clock hours may be
26 counted as a day of attendance upon certification by the
27 regional superintendent, and approved by the State
28 Superintendent of Education to the extent that the
29 district has been forced to use daily multiple sessions.
30 (d) A session of 3 or more clock hours may be
31 counted as a day of attendance (1) when the remainder of
32 the school day or at least 2 hours in the evening of that
33 day is utilized for an in-service training program for
34 teachers, up to a maximum of 5 days per school year of
SB1599 Re-enrolled -27- LRB9010085THpk
1 which a maximum of 4 days of such 5 days may be used for
2 parent-teacher conferences, provided a district conducts
3 an in-service training program for teachers which has
4 been approved by the State Superintendent of Education;
5 or, in lieu of 4 such days, 2 full days may be used, in
6 which event each such day may be counted as a day of
7 attendance; and (2) when days in addition to those
8 provided in item (1) are scheduled by a school pursuant
9 to its school improvement plan adopted under Article 34
10 or its revised or amended school improvement plan adopted
11 under Article 2, provided that (i) such sessions of 3 or
12 more clock hours are scheduled to occur at regular
13 intervals, (ii) the remainder of the school days in which
14 such sessions occur are utilized for in-service training
15 programs or other staff development activities for
16 teachers, and (iii) a sufficient number of minutes of
17 school work under the direct supervision of teachers are
18 added to the school days between such regularly scheduled
19 sessions to accumulate not less than the number of
20 minutes by which such sessions of 3 or more clock hours
21 fall short of 5 clock hours. Any full days used for the
22 purposes of this paragraph shall not be considered for
23 computing average daily attendance. Days scheduled for
24 in-service training programs, staff development
25 activities, or parent-teacher conferences may be
26 scheduled separately for different grade levels and
27 different attendance centers of the district.
28 (e) A session of not less than one clock hour
29 teaching of hospitalized or homebound pupils on-site or
30 by telephone to the classroom may be counted as 1/2 day
31 of attendance, however these pupils must receive 4 or
32 more clock hours of instruction to be counted for a full
33 day of attendance.
34 (f) A session of at least 4 clock hours may be
SB1599 Re-enrolled -28- LRB9010085THpk
1 counted as a day of attendance for first grade pupils,
2 and pupils in full day kindergartens, and a session of 2
3 or more hours may be counted as 1/2 day of attendance by
4 pupils in kindergartens which provide only 1/2 day of
5 attendance.
6 (g) For children with disabilities who are below
7 the age of 6 years and who cannot attend 2 or more clock
8 hours because of their disability or immaturity, a
9 session of not less than one clock hour may be counted as
10 1/2 day of attendance; however for such children whose
11 educational needs so require a session of 4 or more clock
12 hours may be counted as a full day of attendance.
13 (h) A recognized kindergarten which provides for
14 only 1/2 day of attendance by each pupil shall not have
15 more than 1/2 day of attendance counted in any 1 day.
16 However, kindergartens may count 2 1/2 days of attendance
17 in any 5 consecutive school days. When a pupil attends
18 such a kindergarten for 2 half days on any one school
19 day, the pupil shall have the following day as a day
20 absent from school, unless the school district obtains
21 permission in writing from the State Superintendent of
22 Education. Attendance at kindergartens which provide for
23 a full day of attendance by each pupil shall be counted
24 the same as attendance by first grade pupils. Only the
25 first year of attendance in one kindergarten shall be
26 counted, except in case of children who entered the
27 kindergarten in their fifth year whose educational
28 development requires a second year of kindergarten as
29 determined under the rules and regulations of the State
30 Board of Education.
31 (G) Equalized Assessed Valuation Data.
32 (1) For purposes of the calculation of Available Local
33 Resources required pursuant to subsection (D), the State
34 Board of Education shall secure from the Department of
SB1599 Re-enrolled -29- LRB9010085THpk
1 Revenue the value as equalized or assessed by the Department
2 of Revenue of all taxable property of every school district
3 together with the applicable tax rate used in extending taxes
4 for the funds of the district as of September 30 of the
5 previous year.
6 This equalized assessed valuation, as adjusted further by
7 the requirements of this subsection, shall be utilized in the
8 calculation of Available Local Resources.
9 (2) The equalized assessed valuation in paragraph (1)
10 shall be adjusted, as applicable, in the following manner:
11 (a) For the purposes of calculating State aid under
12 this Section, with respect to any part of a school
13 district within a redevelopment project area in respect
14 to which a municipality has adopted tax increment
15 allocation financing pursuant to the Tax Increment
16 Allocation Redevelopment Act, Sections 11-74.4-1 through
17 11-74.4-11 of the Illinois Municipal Code or the
18 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
19 11-74.6-50 of the Illinois Municipal Code, no part of the
20 current equalized assessed valuation of real property
21 located in any such project area which is attributable to
22 an increase above the total initial equalized assessed
23 valuation of such property shall be used as part of the
24 equalized assessed valuation of the district, until such
25 time as all redevelopment project costs have been paid,
26 as provided in Section 11-74.4-8 of the Tax Increment
27 Allocation Redevelopment Act or in Section 11-74.6-35 of
28 the Industrial Jobs Recovery Law. For the purpose of the
29 equalized assessed valuation of the district, the total
30 initial equalized assessed valuation or the current
31 equalized assessed valuation, whichever is lower, shall
32 be used until such time as all redevelopment project
33 costs have been paid.
34 (b) The real property equalized assessed valuation
SB1599 Re-enrolled -30- LRB9010085THpk
1 for a school district shall be adjusted by subtracting
2 from the real property value as equalized or assessed by
3 the Department of Revenue for the district an amount
4 computed by dividing the amount of any abatement of taxes
5 under Section 18-170 of the Property Tax Code by 3.00%
6 for a district maintaining grades kindergarten through 12
7 or by 2.30% for a district maintaining grades
8 kindergarten through 8, or by 1.20% for a district
9 maintaining grades 9 through 12 and adjusted by an amount
10 computed by dividing the amount of any abatement of taxes
11 under subsection (a) of Section 18-165 of the Property
12 Tax Code by the same percentage rates for district type
13 as specified in this subparagraph (c).
14 (H) Supplemental General State Aid.
15 (1) In addition to the general State aid a school
16 district is allotted pursuant to subsection (E), qualifying
17 school districts shall receive a grant, paid in conjunction
18 with a district's payments of general State aid, for
19 supplemental general State aid based upon the concentration
20 level of children from low-income households within the
21 school district. Supplemental State aid grants provided for
22 school districts under this subsection shall be appropriated
23 for distribution to school districts as part of the same line
24 item in which the general State financial aid of school
25 districts is appropriated under this Section. For purposes of
26 this subsection, the term "Low-Income Concentration Level"
27 shall be the low-income eligible pupil count from the most
28 recently available federal census divided by the Average
29 Daily Attendance of the school district.
30 (2) Supplemental general State aid pursuant to this
31 subsection shall be provided as follows:
32 (a) For any school district with a Low Income
33 Concentration Level of at least 20% and less than 35%,
34 the grant for any school year shall be $800 multiplied by
SB1599 Re-enrolled -31- LRB9010085THpk
1 the low income eligible pupil count.
2 (b) For any school district with a Low Income
3 Concentration Level of at least 35% and less than 50%,
4 the grant for the 1998-1999 school year shall be $1,100
5 multiplied by the low income eligible pupil count.
6 (c) For any school district with a Low Income
7 Concentration Level of at least 50% and less than 60%,
8 the grant for the 1998-99 school year shall be $1,500
9 multiplied by the low income eligible pupil count.
10 (d) For any school district with a Low Income
11 Concentration Level of 60% or more, the grant for the
12 1998-99 school year shall be $1,900 multiplied by the low
13 income eligible pupil count.
14 (e) For the 1999-2000 school year, the per pupil
15 amount specified in subparagraphs (b), (c), and (d),
16 immediately above shall be increased by $100 to $1,200,
17 $1,600, and $2,000, respectively.
18 (f) For the 2000-2001 school year, the per pupil
19 amounts specified in subparagraphs (b), (c) and (d)
20 immediately above shall be increased to $1,230, $1,640,
21 and $2,050, respectively.
22 (3) School districts with an Average Daily Attendance of
23 more than 1,000 and less than 50,000 that qualify for
24 supplemental general State aid pursuant to this subsection
25 shall submit a plan to the State Board of Education prior to
26 October 30 of each year for the use of the funds resulting
27 from this grant of supplemental general State aid for the
28 improvement of instruction in which priority is given to
29 meeting the education needs of disadvantaged children. Such
30 plan shall be submitted in accordance with rules and
31 regulations promulgated by the State Board of Education.
32 (4) School districts with an Average Daily Attendance of
33 50,000 or more that qualify for supplemental general State
34 aid pursuant to this subsection shall be required to
SB1599 Re-enrolled -32- LRB9010085THpk
1 distribute from funds available pursuant to this Section, no
2 less than $261,000,000 in accordance with the following
3 requirements:
4 (a) The required amounts shall be distributed to
5 the attendance centers within the district in proportion
6 to the number of pupils enrolled at each attendance
7 center who are eligible to receive free or reduced-price
8 lunches or breakfasts under the federal Child Nutrition
9 Act of 1966 and under the National School Lunch Act
10 during the immediately preceding school year.
11 (b) The distribution of these portions of
12 supplemental and general State aid among attendance
13 centers according to these requirements shall not be
14 compensated for or contravened by adjustments of the
15 total of other funds appropriated to any attendance
16 centers, and the Board of Education shall utilize funding
17 from one or several sources in order to fully implement
18 this provision annually prior to the opening of school.
19 (c) Each attendance center shall be provided by the
20 school district a distribution of noncategorical funds
21 and other categorical funds to which an attendance center
22 is entitled under law in order that the general State aid
23 and supplemental general State aid provided by
24 application of this subsection supplements rather than
25 supplants the noncategorical funds and other categorical
26 funds provided by the school district to the attendance
27 centers.
28 (d) Any funds made available under this subsection
29 that by reason of the provisions of this subsection are
30 not required to be allocated and provided to attendance
31 centers may be used and appropriated by the board of the
32 district for any lawful school purpose.
33 (e) Funds received by an attendance center pursuant
34 to this subsection shall be used by the attendance center
SB1599 Re-enrolled -33- LRB9010085THpk
1 at the discretion of the principal and local school
2 council for programs to improve educational opportunities
3 at qualifying schools through the following programs and
4 services: early childhood education, reduced class size
5 or improved adult to student classroom ratio, enrichment
6 programs, remedial assistance, attendance improvement and
7 other educationally beneficial expenditures which
8 supplement the regular and basic programs as determined
9 by the State Board of Education. Funds provided shall
10 not be expended for any political or lobbying purposes as
11 defined by board rule.
12 (f) Each district subject to the provisions of this
13 subdivision (H)(4) shall submit an acceptable plan to
14 meet the educational needs of disadvantaged children, in
15 compliance with the requirements of this paragraph, to
16 the State Board of Education prior to July 15 of each
17 year. This plan shall be consistent with the decisions of
18 local school councils concerning the school expenditure
19 plans developed in accordance with part 4 of Section
20 34-2.3. The State Board shall approve or reject the plan
21 within 60 days after its submission. If the plan is
22 rejected, the district shall give written notice of
23 intent to modify the plan within 15 days of the
24 notification of rejection and then submit a modified plan
25 within 30 days after the date of the written notice of
26 intent to modify. Districts may amend approved plans
27 pursuant to rules promulgated by the State Board of
28 Education.
29 Upon notification by the State Board of Education
30 that the district has not submitted a plan prior to July
31 15 or a modified plan within the time period specified
32 herein, the State aid funds affected by that plan or
33 modified plan shall be withheld by the State Board of
34 Education until a plan or modified plan is submitted.
SB1599 Re-enrolled -34- LRB9010085THpk
1 If the district fails to distribute State aid to
2 attendance centers in accordance with an approved plan,
3 the plan for the following year shall allocate funds, in
4 addition to the funds otherwise required by this
5 subsection, to those attendance centers which were
6 underfunded during the previous year in amounts equal to
7 such underfunding.
8 For purposes of determining compliance with this
9 subsection in relation to the requirements of attendance
10 center funding, each district subject to the provisions
11 of this subsection shall submit as a separate document by
12 December 1 of each year a report of expenditure data for
13 the prior year in addition to any modification of its
14 current plan. If it is determined that there has been a
15 failure to comply with the expenditure provisions of this
16 subsection regarding contravention or supplanting, the
17 State Superintendent of Education shall, within 60 days
18 of receipt of the report, notify the district and any
19 affected local school council. The district shall within
20 45 days of receipt of that notification inform the State
21 Superintendent of Education of the remedial or corrective
22 action to be taken, whether by amendment of the current
23 plan, if feasible, or by adjustment in the plan for the
24 following year. Failure to provide the expenditure
25 report or the notification of remedial or corrective
26 action in a timely manner shall result in a withholding
27 of the affected funds.
28 The State Board of Education shall promulgate rules
29 and regulations to implement the provisions of this
30 subsection. No funds shall be released under this
31 subdivision (H)(4) to any district that has not submitted
32 a plan that has been approved by the State Board of
33 Education.
34 (I) General State Aid for Newly Configured School Districts.
SB1599 Re-enrolled -35- LRB9010085THpk
1 (1) For a new school district formed by combining
2 property included totally within 2 or more previously
3 existing school districts, for its first year of existence
4 the general State aid and supplemental general State aid
5 calculated under this Section shall be computed for the new
6 district and for the previously existing districts for which
7 property is totally included within the new district. If the
8 computation on the basis of the previously existing districts
9 is greater, a supplementary payment equal to the difference
10 shall be made for the first 4 years of existence of the new
11 district.
12 (2) For a school district which annexes all of the
13 territory of one or more entire other school districts, for
14 the first year during which the change of boundaries
15 attributable to such annexation becomes effective for all
16 purposes as determined under Section 7-9 or 7A-8, the general
17 State aid and supplemental general State aid calculated under
18 this Section shall be computed for the annexing district as
19 constituted after the annexation and for the annexing and
20 each annexed district as constituted prior to the annexation;
21 and if the computation on the basis of the annexing and
22 annexed districts as constituted prior to the annexation is
23 greater, a supplementary payment equal to the difference
24 shall be made for the first 4 years of existence of the
25 annexing school district as constituted upon such annexation.
26 (3) For 2 or more school districts which annex all of
27 the territory of one or more entire other school districts,
28 and for 2 or more community unit districts which result upon
29 the division (pursuant to petition under Section 11A-2) of
30 one or more other unit school districts into 2 or more parts
31 and which together include all of the parts into which such
32 other unit school district or districts are so divided, for
33 the first year during which the change of boundaries
34 attributable to such annexation or division becomes effective
SB1599 Re-enrolled -36- LRB9010085THpk
1 for all purposes as determined under Section 7-9 or 11A-10,
2 as the case may be, the general State aid and supplemental
3 general State aid calculated under this Section shall be
4 computed for each annexing or resulting district as
5 constituted after the annexation or division and for each
6 annexing and annexed district, or for each resulting and
7 divided district, as constituted prior to the annexation or
8 division; and if the aggregate of the general State aid and
9 supplemental general State aid as so computed for the
10 annexing or resulting districts as constituted after the
11 annexation or division is less than the aggregate of the
12 general State aid and supplemental general State aid as so
13 computed for the annexing and annexed districts, or for the
14 resulting and divided districts, as constituted prior to the
15 annexation or division, then a supplementary payment equal to
16 the difference shall be made and allocated between or among
17 the annexing or resulting districts, as constituted upon such
18 annexation or division, for the first 4 years of their
19 existence. The total difference payment shall be allocated
20 between or among the annexing or resulting districts in the
21 same ratio as the pupil enrollment from that portion of the
22 annexed or divided district or districts which is annexed to
23 or included in each such annexing or resulting district bears
24 to the total pupil enrollment from the entire annexed or
25 divided district or districts, as such pupil enrollment is
26 determined for the school year last ending prior to the date
27 when the change of boundaries attributable to the annexation
28 or division becomes effective for all purposes. The amount
29 of the total difference payment and the amount thereof to be
30 allocated to the annexing or resulting districts shall be
31 computed by the State Board of Education on the basis of
32 pupil enrollment and other data which shall be certified to
33 the State Board of Education, on forms which it shall provide
34 for that purpose, by the regional superintendent of schools
SB1599 Re-enrolled -37- LRB9010085THpk
1 for each educational service region in which the annexing and
2 annexed districts, or resulting and divided districts are
3 located.
4 (4) Any supplementary payment made under this subsection
5 (I) shall be treated as separate from all other payments made
6 pursuant to this Section.
7 (J) Supplementary Grants in Aid.
8 (1) Notwithstanding any other provisions of this
9 Section, the amount of the aggregate general State aid in
10 combination with supplemental general State aid under this
11 Section for which each school district is eligible for the
12 1998-1999 school year shall be no less than the amount of the
13 aggregate general State aid entitlement that was received by
14 the district under Section 18-8 (exclusive of amounts
15 received under subsections 5(p) and 5(p-5) of that Section)
16 for the 1997-98 school year, pursuant to the provisions of
17 that Section as it was then in effect. If a school district
18 qualifies to receive a supplementary payment made under this
19 subsection (J) for the 1998-1999 school year, the amount of
20 the aggregate general State aid in combination with
21 supplemental general State aid under this Section which that
22 district is eligible to receive for each school year
23 subsequent to the 1998-1999 school year shall be no less than
24 the amount of the aggregate general State aid entitlement
25 that was received by the district under Section 18-8
26 (exclusive of amounts received under subsections 5(p) and
27 5(p-5) of that Section) for the 1997-1998 school year,
28 pursuant to the provisions of that Section as it was then in
29 effect.
30 (2) If, as provided in paragraph (1) of this subsection
31 (J), a school district is to receive aggregate general State
32 aid in combination with supplemental general State aid under
33 this Section for the 1998-99 school year, or for the 1998-99
34 school year and any subsequent school year, that in any such
SB1599 Re-enrolled -38- LRB9010085THpk
1 school year is less than the amount of the aggregate general
2 State aid entitlement that the district received for the
3 1997-98 school year, the school district shall also receive,
4 from a separate appropriation made for purposes of this
5 subsection (J), a supplementary payment that is equal to the
6 amount of the difference in the aggregate State aid figures
7 as described in paragraph (1).
8 (3) If the amount appropriated for supplementary
9 payments to school districts under this subsection (J) is
10 insufficient for that purpose, the supplementary payments
11 that districts are to receive under this subsection shall be
12 prorated according to the aggregate amount of the
13 appropriation made for purposes of this subsection.
14 (K) Grants to Laboratory and Alternative Schools.
15 In calculating the amount to be paid to the governing
16 board of a public university that operates a laboratory
17 school under this Section or to any alternative school that
18 is operated by a regional superintendent, the State Board of
19 Education shall require by rule such reporting requirements
20 as it deems necessary.
21 As used in this Section, "laboratory school" means a
22 public school which is created and operated by a public
23 university and approved by the State Board of Education. The
24 governing board of a public university which receives funds
25 from the State Board under this subsection (K) may not
26 increase the number of students enrolled in its laboratory
27 school from a single district, if that district is already
28 sending 50 or more students, except under a mutual agreement
29 between the school board of a student's district of residence
30 and the university which operates the laboratory school. A
31 laboratory school may not have more than 1,000 students,
32 excluding students with disabilities in a special education
33 program.
34 As used in this Section, "alternative school" means a
SB1599 Re-enrolled -39- LRB9010085THpk
1 public school which is created and operated by a Regional
2 Superintendent of Schools and approved by the State Board of
3 Education. Such alternative schools may offer courses of
4 instruction for which credit is given in regular school
5 programs, courses to prepare students for the high school
6 equivalency testing program or vocational and occupational
7 training. A regional superintendent may contract with a
8 school district or a public community college district to
9 operate an alternative school. An alternative school serving
10 more than one educational service region may be established
11 by the regional superintendents of those educational service
12 regions.
13 Each laboratory and alternative school shall file, on
14 forms provided by the State Superintendent of Education, an
15 annual State aid claim which states the Average Daily
16 Attendance of the school's students by month. The best 3
17 months' Average Daily Attendance shall be computed for each
18 school. The general State aid entitlement shall be computed
19 by multiplying the applicable Average Daily Attendance by the
20 Foundation Level as determined under this Section.
21 (L) Payments, Additional Grants in Aid and Other
22 Requirements.
23 (1) For a school district operating under the financial
24 supervision of an Authority created under Article 34A, the
25 general State aid otherwise payable to that district under
26 this Section, but not the supplemental general State aid,
27 shall be reduced by an amount equal to the budget for the
28 operations of the Authority as certified by the Authority to
29 the State Board of Education, and an amount equal to such
30 reduction shall be paid to the Authority created for such
31 district for its operating expenses in the manner provided in
32 Section 18-11. The remainder of general State school aid for
33 any such district shall be paid in accordance with Article
34 34A when that Article provides for a disposition other than
SB1599 Re-enrolled -40- LRB9010085THpk
1 that provided by this Article.
2 (2) Impaction. Impaction payments shall be made as
3 provided for in Section 18-4.2.
4 (3) Summer school. Summer school payments shall be made
5 as 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.
11 The members appointed shall include representatives of
12 education, business, and the general public. One of the
13 members so appointed shall be designated by the Governor at
14 the time the appointment is made as the chairperson of the
15 Board. The initial members of the Board may be appointed any
16 time after the effective date of this amendatory Act of 1997.
17 The regular term of each member of the Board shall be for 4
18 years from the third Monday of January of the year in which
19 the term of the member's appointment is to commence, except
20 that of the 5 initial members appointed to serve on the
21 Board, the member who is appointed as the chairperson shall
22 serve for a term that commences on the date of his or her
23 appointment and expires on the third Monday of January, 2002,
24 and the remaining 4 members, by lots drawn at the first
25 meeting of the Board that is held after all 5 members are
26 appointed, shall determine 2 of their number to serve for
27 terms that commence on the date of their respective
28 appointments and expire on the third Monday of January, 2001,
29 and 2 of their number to serve for terms that commence on the
30 date of their respective appointments and expire on the third
31 Monday of January, 2000. All members appointed to serve on
32 the Board shall serve until their respective successors are
33 appointed and confirmed. Vacancies shall be filled in the
34 same manner as original appointments. If a vacancy in
SB1599 Re-enrolled -41- LRB9010085THpk
1 membership occurs at a time when the Senate is not in
2 session, the Governor shall make a temporary appointment
3 until the next meeting of the Senate, when he or she shall
4 appoint, by and with the advice and consent of the Senate, a
5 person to fill that membership for the unexpired term. If
6 the Senate is not in session when the initial appointments
7 are made, those appointments shall be made as in the case of
8 vacancies.
9 The Education Funding Advisory Board shall be deemed
10 established, and the initial members appointed by the
11 Governor to serve as members of the Board shall take office,
12 on the date that the Governor makes his or her appointment of
13 the fifth initial member of the Board, whether those initial
14 members are then serving pursuant to appointment and
15 confirmation or pursuant to temporary appointments that are
16 made by the Governor as in the case of vacancies.
17 The State Board of Education shall provide such staff
18 assistance to the Education Funding Advisory Board as is
19 reasonably required for the proper performance by the Board
20 of its responsibilities.
21 For school years after the 2000-2001 school year, the
22 Education Funding Advisory Board, in consultation with the
23 State Board of Education, shall make recommendations as
24 provided in this subsection (M) to the General Assembly for
25 the foundation level under subdivision (B)(3) of this Section
26 and for the supplemental general State aid grant level under
27 subsection (H) of this Section for districts with high
28 concentrations of children from poverty. The recommended
29 foundation level shall be determined based on a methodology
30 which incorporates the basic education expenditures of
31 low-spending schools exhibiting high academic performance.
32 The Education Funding Advisory Board shall make such
33 recommendations to the General Assembly on January 1 of odd
34 numbered years, beginning January 1, 2001.
SB1599 Re-enrolled -42- LRB9010085THpk
1 (N) General State Aid Adjustment Grant.
2 (1) Any school district subject to property tax
3 extension limitations as imposed under the provisions of the
4 Property Tax Extension Limitation Law shall be entitled to
5 receive, subject to the qualifications and requirements of
6 this subsection, a general State aid adjustment grant.
7 Eligibility for this grant shall be determined on an annual
8 basis and claims for grant payments shall be paid subject to
9 appropriations made specific to this subsection. For
10 purposes of this subsection the following terms shall have
11 the following meanings:
12 "Budget Year": The school year for which general State
13 aid is calculated and awarded under subsection (E).
14 "Current Year": The school year immediately preceding
15 the Budget Year.
16 "Base Tax Year": The property tax levy year used to
17 calculate the Budget Year allocation of general State aid.
18 "Preceding Tax Year": The property tax levy year
19 immediately preceding the Base Tax Year.
20 "Extension Limitation Ratio": A numerical ratio,
21 certified by a school district's County Clerk, in which the
22 numerator is the Base Tax Year's tax extension amount
23 resulting from the Operating Tax Rate and the denominator is
24 the Preceding Tax Year's tax extension amount resulting from
25 the Operating Tax Rate.
26 "Operating Tax Rate": The operating tax rate as defined
27 in subsection (A).
28 (2) To qualify for a general State aid adjustment grant,
29 a school district must meet all of the following eligibility
30 criteria for each Budget Year for which a grant is claimed:
31 (a) The Operating Tax Rate of the school district
32 in the Preceding Tax Year was at least 3.00% in the case
33 of a school district maintaining grades kindergarten
34 through 12, at least 2.30% in the case of a school
SB1599 Re-enrolled -43- LRB9010085THpk
1 district maintaining grades kindergarten through 8, or at
2 least 1.41% in the case of a school district maintaining
3 grades 9 through 12.
4 (b) The Operating Tax Rate of the school district
5 for the Base Tax Year was reduced by the Clerk of the
6 County as a result of the requirements of the Property
7 Tax Extension Limitation Law.
8 (c) The Available Local Resources per pupil of the
9 school district as calculated pursuant to subsection (D)
10 using the Base Tax Year are less than the product of 1.75
11 times the Foundation Level for the Budget Year.
12 (d) The school district has filed a proper and
13 timely claim for a general State aid adjustment grant as
14 required under this subsection.
15 (3) A claim for grant assistance under this subsection
16 shall be filed with the State Board of Education on or before
17 January 1 of the Current Year for a grant for the Budget
18 Year. The claim shall be made on forms prescribed by the
19 State Board of Education and must be accompanied by a written
20 statement from the Clerk of the County, certifying:
21 (a) That the school district has its extension for
22 the Base Tax Year reduced as a result of the Property Tax
23 Extension Limitation Law.
24 (b) That the Operating Tax Rate of the school
25 district for the Preceding Tax Year met the tax rate
26 requirements of subdivision (N)(2) of this Section.
27 (c) The Extension Limitation Ratio as that term is
28 defined in this subsection.
29 (4) On or before August 1 of the Budget Year the State
30 Board of Education shall calculate, for all school districts
31 meeting the other requirements of this subsection, the amount
32 of the general State aid adjustment grant, if any, that the
33 school districts are eligible to receive in the Budget Year.
34 The amount of the general State aid adjustment grant shall be
SB1599 Re-enrolled -44- LRB9010085THpk
1 calculated as follows:
2 (a) Determine the school district's general State
3 aid grant for the Budget Year as provided in accordance
4 with the provisions of subsection (E).
5 (b) Determine the school district's adjusted level
6 of general State aid by utilizing in the calculation of
7 Available Local Resources an equalized assessed valuation
8 that is the equalized assessed valuation of the Preceding
9 Tax Year multiplied by the Extension Limitation Ratio.
10 (c) Subtract the sum derived in subparagraph (a)
11 from the sum derived in subparagraph (b). If the result
12 is a positive number, that amount shall be the general
13 State aid adjustment grant that the district is eligible
14 to receive.
15 (5) The State Board of Education shall in the Current
16 Year, based upon claims filed in the Current Year, recommend
17 to the General Assembly an appropriation amount for the
18 general State aid adjustment grants to be made in the Budget
19 Year.
20 (6) Claims for general State aid adjustment grants shall
21 be paid in a lump sum on or before January 1 of the Budget
22 Year only from appropriations made by the General Assembly
23 expressly for claims under this subsection. No such claims
24 may be paid from amounts appropriated for any other purpose
25 provided for under this Section. In the event that the
26 appropriation for claims under this subsection is
27 insufficient to meet all Budget Year claims for a general
28 State aid adjustment grant, the appropriation available shall
29 be proportionately prorated by the State Board of Education
30 amongst all districts filing for and entitled to payments.
31 (7) The State Board of Education shall promulgate the
32 required claim forms and rules necessary to implement the
33 provisions of this subsection.
34 (O) References.
SB1599 Re-enrolled -45- LRB9010085THpk
1 (1) References in other laws to the various subdivisions
2 of Section 18-8 as that Section existed before its repeal and
3 replacement by this Section 18-8.05 shall be deemed to refer
4 to the corresponding provisions of this Section 18-8.05, to
5 the extent that those references remain applicable.
6 (2) References in other laws to State Chapter 1 funds
7 shall be deemed to refer to the supplemental general State
8 aid provided under subsection (H) of this Section.
9 (Source: P.A. 90-548, eff. 7-1-98.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law, except that the provisions changing Sections
12 2-3.66, 10-22.20, 13A-8, and 18-8.05 of the School Code take
13 effect July 1, 1998.