State of Illinois
92^nd General Assembly
Legislation

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92_SB1983enr

 
SB1983 Enrolled                                LRB9216031NTpk

 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  2-3.64,  10-17a,  14C-4,  and  18-8.05  and  adding
 6    Sections 10-21.3a and 34-18.23 as follows:

 7        (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
 8        Sec. 2-3.64.  State goals and assessment.
 9        (a)  Beginning  in  the  1998-1999 school year, the State
10    Board   of   Education   shall   establish   standards    and
11    periodically,  in  collaboration with local school districts,
12    conduct studies of student performance in the learning  areas
13    of fine arts and physical development/health.  Beginning with
14    the 1998-1999 school year, the State Board of Education shall
15    annually  test:  (i) all pupils enrolled in the 3rd, 5th, and
16    8th grades in English language arts  (reading,  writing,  and
17    English   grammar)  and  mathematics;  and  (ii)  all  pupils
18    enrolled in the 4th and 7th  grades  in  the  biological  and
19    physical   sciences   and   the   social  sciences  (history,
20    geography, civics, economics,  and  government).   The  State
21    Board  of  Education  shall  establish the academic standards
22    that are to be applicable to pupils who are subject to  State
23    tests  under this Section beginning with the 1998-1999 school
24    year.  However,  the  State  Board  of  Education  shall  not
25    establish  any  such  standards  in  final form without first
26    providing opportunities for public  participation  and  local
27    input  in  the  development  of the final academic standards.
28    Those opportunities shall include a well-publicized period of
29    public comment, public hearings  throughout  the  State,  and
30    opportunities  to  file written comments.  Beginning with the
31    1998-99 school year and  thereafter,  the  State  tests  will
 
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 1    identify pupils in the 3rd grade or 5th grade who do not meet
 2    the  State  standards.  If, by performance on the State tests
 3    or local assessments or  by  teacher  judgment,  a  student's
 4    performance  is  determined  to  be  2  or  more grades below
 5    current  placement,  the  student   shall   be   provided   a
 6    remediation program developed by the district in consultation
 7    with  a  parent  or  guardian.  Such remediation programs may
 8    include,  but  shall  not  be  limited   to,   increased   or
 9    concentrated  instructional  time,  a  remedial summer school
10    program of not less than  90  hours,  improved  instructional
11    approaches,   tutorial  sessions,  retention  in  grade,  and
12    modifications to instructional  materials.   Each  pupil  for
13    whom a remediation program is developed under this subsection
14    shall  be  required  to enroll in and attend whatever program
15    the  district  determines  is  appropriate  for  the   pupil.
16    Districts  may combine students in remediation programs where
17    appropriate and may cooperate with  other  districts  in  the
18    design  and  delivery  of  those  programs.   The  parent  or
19    guardian  of  a  student  required  to  attend  a remediation
20    program under this Section shall be given written  notice  of
21    that  requirement  by  the  school district a reasonable time
22    prior to commencement of the  remediation  program  that  the
23    student  is  to  attend.   The State shall be responsible for
24    providing  school  districts  with  the  new  and  additional
25    funding, under Section 2-3.51.5 or  by  other  or  additional
26    means,  that  is  required to enable the districts to operate
27    remediation programs for  the  pupils  who  are  required  to
28    enroll  in  and  attend  those  programs  under this Section.
29    Every individualized  educational  program  as  described  in
30    Article  14  shall  identify  if the State test or components
31    thereof are appropriate for that student.  For  those  pupils
32    for  whom  the  State  tests  or  components  thereof are not
33    appropriate, the State Board of Education shall develop rules
34    and regulations governing the administration  of  alternative
 
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 1    tests   prescribed   within   each  student's  individualized
 2    educational program which are appropriate to  the  disability
 3    of  each  student.   All  pupils  who are in a State approved
 4    transitional  bilingual  education  program  or  transitional
 5    program of instruction shall participate in the State  tests.
 6    Any  student  who  has  been  enrolled  in  a  State approved
 7    bilingual education program less than 3 academic years  shall
 8    be exempted if the student's lack of English as determined by
 9    an  English  language proficiency test would keep the student
10    from understanding the  test,  and  that  student's  district
11    shall  have  an  alternative  test  program in place for that
12    student.  The State Board of Education shall appoint  a  task
13    force  of  concerned parents, teachers, school administrators
14    and  other  professionals  to  assist  in  identifying   such
15    alternative  tests.   Reasonable accommodations as prescribed
16    by the  State  Board  of  Education  shall  be  provided  for
17    individual  students  in  the  testing  procedure.   All test
18    procedures prescribed by the State Board of  Education  shall
19    require:  (i) that each test used for State and local student
20    testing under this Section identify by name the pupil  taking
21    the  test; (ii) that the name of the pupil taking the test be
22    placed on the test at the time the test is taken; (iii)  that
23    the  results  or scores of each test taken under this Section
24    by a pupil  of  the  school  district  be  reported  to  that
25    district  and  identify  by  name  the pupil who received the
26    reported results or scores; and  (iv)  that  the  results  or
27    scores  of  each  test  taken  under  this  Section  be  made
28    available   to  the  parents  of  the  pupil.   In  addition,
29    beginning with the 2000-2001 school year and in  each  school
30    year  thereafter,  the  highest scores and performance levels
31    attained by  a  student  on  the  Prairie  State  Achievement
32    Examination administered under subsection (c) of this Section
33    shall become part of the student's permanent record and shall
34    be   entered   on   the   student's  transcript  pursuant  to
 
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 1    regulations  that  the  State  Board   of   Education   shall
 2    promulgate  for that purpose in accordance with Section 3 and
 3    subsection (e) of Section 2 of the  Illinois  School  Student
 4    Records Act.  Beginning with the 1998-1999 school year and in
 5    every  school year thereafter, scores received by students on
 6    the State assessment tests administered in grades 3 through 8
 7    shall be placed into students' temporary records.  The  State
 8    Board  of  Education  shall  establish a common month in each
 9    school year for which State testing shall occur to  meet  the
10    objectives  of  this  Section.   However, if the schools of a
11    district are closed and classes are not scheduled during  any
12    week  that  is established by the State Board of Education as
13    the week of the month when State testing under  this  Section
14    shall  occur, the school district may administer the required
15    State testing at any time up to 2 weeks  following  the  week
16    established  by the State Board of Education for the testing,
17    so long as the school  district  gives  the  State  Board  of
18    Education written notice of its intention to deviate from the
19    established  schedule  by  December  1  of the school year in
20    which falls the  week  established  by  the  State  Board  of
21    Education  for the testing.  The maximum time allowed for all
22    actual testing required  under  this  subsection  during  the
23    school  year shall not exceed 25 hours as allocated among the
24    required tests by the State Board of Education.
25        (a-5) All tests administered  pursuant  to  this  Section
26    shall  be  academically  based.   For  the  purposes  of this
27    Section  "academically  based   tests"   shall   mean   tests
28    consisting  of  questions and answers that are measurable and
29    quantifiable to measure the knowledge, skill, and ability  of
30    students  in  the  subject  matters  covered  by  tests.  The
31    scoring of academically based tests shall be reliable, valid,
32    unbiased and shall meet the guidelines for  test  development
33    and use prescribed by the American Psychological Association,
34    the  National  Council of Measurement and Evaluation, and the
 
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 1    American Educational Research Association. Academically based
 2    tests  shall  not  include  assessments  or  evaluations   of
 3    attitudes,  values,  or  beliefs,  or testing of personality,
 4    self-esteem, or self-concept. Nothing in this amendatory  Act
 5    is   intended,   nor  shall  it  be  construed,  to  nullify,
 6    supersede, or contradict the legislative intent  on  academic
 7    testing expressed during the passage of HB 1005/P.A. 90-296.
 8        Beginning  in  the 1998-1999 school year, the State Board
 9    of Education may, on a pilot  basis,  include  in  the  State
10    assessments in reading and math at each grade level tested no
11    more  than  2  short answer questions, where students have to
12    respond  in  brief  to   questions   or   prompts   or   show
13    computations,  rather  than select from alternatives that are
14    presented.  In the first year that such questions  are  used,
15    scores on the short answer questions shall not be reported on
16    an  individual student basis but shall be aggregated for each
17    school building in which the tests are  given.   State-level,
18    school,  and  district scores shall be reported both with and
19    without the results of the short answer questions so that the
20    effect of short  answer  questions  is  clearly  discernible.
21    Beginning in the second year of this pilot program, scores on
22    the  short  answer  questions  shall  be  reported both on an
23    individual student basis and on a school  building  basis  in
24    order   to  monitor  the  effects  of  teacher  training  and
25    curriculum improvements on score results.
26        The State Board of Education shall not continue  the  use
27    of   short   answer   questions   in  the  math  and  reading
28    assessments, or extend the use of  such  questions  to  other
29    State  assessments,  unless  this  pilot project demonstrates
30    that  the  use  of  short  answer  questions  results  in   a
31    statistically  significant improvement in student achievement
32    as measured on the State assessments for math and reading and
33    is justifiable in terms of cost and student performance.
34        (b)  It shall be the policy of  the  State  to  encourage
 
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 1    school  districts  to  continuously test pupil proficiency in
 2    the fundamental learning areas  in  order  to:   (i)  provide
 3    timely   information   on  individual  students'  performance
 4    relative  to  State  standards  that  is  adequate  to  guide
 5    instructional strategies; (ii)  improve  future  instruction;
 6    and  (iii)  complement  the information provided by the State
 7    testing system described in this  Section.   Each  district's
 8    school  improvement plan must address specific activities the
 9    district intends to implement to assist pupils who by teacher
10    judgment and test results as prescribed in subsection (a)  of
11    this  Section  demonstrate  that  they  are not meeting State
12    standards or local objectives. Such activities  may  include,
13    but  shall  not be limited to, summer school, extended school
14    day,   special   homework,   tutorial   sessions,    modified
15    instructional   materials,   other   modifications   in   the
16    instructional  program,  reduced  class  size or retention in
17    grade.   To  assist  school  districts   in   testing   pupil
18    proficiency in reading in the primary grades, the State Board
19    shall   make  optional  reading  inventories  for  diagnostic
20    purposes available to each school district that requests such
21    assistance.    Districts   that   administer   the    reading
22    inventories may develop remediation programs for students who
23    perform  in the bottom half of the student population.  Those
24    remediation programs may be funded by moneys  provided  under
25    the  School  Safety  and  Educational Improvement Block Grant
26    Program established under Section 2-3.51.5.  Nothing in  this
27    Section  shall  prevent  school  districts  from implementing
28    testing and remediation  policies  for  grades  not  required
29    under this Section.
30        (c)  Beginning  with  the  2000-2001  school  year,  each
31    school  district  that  operates  a  high  school program for
32    students in grades 9 through 12 shall annually administer the
33    Prairie State Achievement Examination established under  this
34    subsection  to  its students as set forth below.  The Prairie
 
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 1    State Achievement Examination shall be developed by the State
 2    Board of Education to  measure  student  performance  in  the
 3    academic areas of reading, writing, mathematics, science, and
 4    social   sciences.    The  State  Board  of  Education  shall
 5    establish  the  academic  standards  that  are  to  apply  in
 6    measuring  student   performance   on   the   Prairie   State
 7    Achievement  Examination  including  the  minimum examination
 8    score in each area that will qualify a student to  receive  a
 9    Prairie State Achievement Award from the State in recognition
10    of the student's excellent performance.  Each school district
11    that  is  subject  to the requirements of this subsection (c)
12    shall afford all students 2 opportunities to take the Prairie
13    State Achievement Examination beginning as late as  practical
14    during  the  second  semester  of  grade  11, but in no event
15    before March 1.  The State Board of Education shall  annually
16    notify  districts  of  the  weeks  during  which  these  test
17    administrations   shall   be   required   to   occur.   Every
18    individualized educational program as described in Article 14
19    shall identify if the Prairie State  Achievement  Examination
20    or  components thereof are appropriate for that student. Each
21    student,  exclusive  of  a   student   whose   individualized
22    educational program developed under Article 14 identifies the
23    Prairie  State  Achievement  Examination as inappropriate for
24    the student, shall be required to  take  the  examination  in
25    grade  11.   For  each  academic  area  the  State  Board  of
26    Education  shall  establish  the score that qualifies for the
27    Prairie State  Achievement  Award  on  that  portion  of  the
28    examination.   Any  student  who  fails  to earn a qualifying
29    score for a Prairie State Achievement Award  in  any  one  or
30    more of the academic areas on the initial test administration
31    or  who  wishes to improve his or her score on any portion of
32    the examination shall be permitted to retake such portion  or
33    portions of the examination during grade 12.  Districts shall
34    inform   their  students  of  the  timelines  and  procedures
 
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 1    applicable   to   their   participation   in   every   yearly
 2    administration of the Prairie State Achievement  Examination.
 3    Students   receiving   special   education   services   whose
 4    individualized  educational  programs  identify  the  Prairie
 5    State  Achievement  Examination  as  inappropriate  for  them
 6    nevertheless shall have the option of taking the examination,
 7    which  shall  be administered to those students in accordance
 8    with standards adopted  by the State Board  of  Education  to
 9    accommodate the respective disabilities of those students.  A
10    student  who successfully completes all other applicable high
11    school graduation requirements but fails to receive  a  score
12    on  the  Prairie State Achievement Examination that qualifies
13    the student for receipt of a Prairie State Achievement  Award
14    shall  nevertheless qualify for the receipt of a regular high
15    school diploma.
16        (d)  Beginning  with  the  2002-2003  school  year,   all
17    schools  in  this  State that are part of the sample drawn by
18    the   National   Center   for   Education   Statistics,    in
19    collaboration with their school districts and the State Board
20    of  Education,  shall  administer the biennial State academic
21    assessments of 4th and  8th  grade  reading  and  mathematics
22    under the National Assessment of Educational Progress carried
23    out   under  Section  411(b)(2)  of  the  National  Education
24    Statistics Act of 1994 (20 U.S.C. 9010) if the  Secretary  of
25    Education pays the costs of administering the assessments.
26    (Source:  P.A.  90-566,  eff.  1-2-98;  90-789, eff. 8-14-98;
27    91-283, eff. 7-29-99.)

28        (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
29        Sec. 10-17a.  Better schools accountability.
30        (1)  Policy and Purpose.  It shall be the policy  of  the
31    State  of  Illinois  that each school district in this State,
32    including special charter districts and districts subject  to
33    the  provisions  of  Article  34,  shall  submit  to parents,
 
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 1    taxpayers  of  such  district,  the  Governor,  the   General
 2    Assembly,  and  the  State Board of Education a school report
 3    card assessing the performance of its schools  and  students.
 4    The  report  card  shall  be  an  index of school performance
 5    measured against  statewide  and  local  standards  and  will
 6    provide information to make prior year comparisons and to set
 7    future year targets through the school improvement plan.
 8        (2)  Reporting  Requirements.  Each school district shall
 9    prepare a report card in accordance with the  guidelines  set
10    forth  in this Section which describes the performance of its
11    students by school attendance centers and by district and the
12    district's use of  financial  resources.   Such  report  card
13    shall  be presented at a regular school board meeting subject
14    to applicable  notice  requirements,  posted  on  the  school
15    district's  Internet  web  site, if the district maintains an
16    Internet web site,  and  such  report  cards  shall  be  made
17    available  to  a newspaper of general circulation serving the
18    district, and, upon request, shall be sent home to  a  parent
19    (unless  the district does not maintain an Internet web site,
20    in which case the report card shall be sent home  to  parents
21    without  request)  parents.  If the district posts the report
22    card on its Internet web site,  the  district  shall  send  a
23    written  notice  home  to parents stating (i) that the report
24    card is available on the web site, (ii) the  address  of  the
25    web  site,  (iii) that a printed copy of the report card will
26    be sent to parents  upon  request,  and  (iv)  the  telephone
27    number that parents may call to request a printed copy of the
28    report  card.  In addition, each school district shall submit
29    the completed report card to the  office  of  the  district's
30    Regional  Superintendent which shall make copies available to
31    any individuals requesting them.
32        The report card shall be completed and disseminated prior
33    to October 31 in each school year.   The  report  card  shall
34    contain,   but   not  be  limited  to,  actual  local  school
 
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 1    attendance  center,  school  district  and   statewide   data
 2    indicating  the  present performance of the school, the State
 3    norms and the areas for planned improvement  for  the  school
 4    and school district.
 5        (3) (a)  The  report  card  shall  include  the following
 6    applicable indicators of  attendance  center,  district,  and
 7    statewide   student  performance:  percent  of  students  who
 8    exceed, meet, or do not meet  standards  established  by  the
 9    State   Board  of  Education  pursuant  to  Section  2-3.25a;
10    composite and subtest means on nationally normed  achievement
11    tests  for  college bound students; student attendance rates;
12    chronic truancy rate;  dropout  rate;  graduation  rate;  and
13    student  mobility,  turnover  shown as a percent of transfers
14    out and a percent of transfers in.
15        (b)  The  report  card  shall   include   the   following
16    descriptions  for  the  school, district, and State:  average
17    class size; amount of time per day  devoted  to  mathematics,
18    science,  English  and  social science at primary, middle and
19    junior high school grade levels; number  of  students  taking
20    the  Prairie  State  Achievement Examination under subsection
21    (c) of Section 2-3.64,  the  number  of  those  students  who
22    received  a  score  of  excellent,  and  the average score by
23    school of  students  taking  the  examination;  pupil-teacher
24    ratio;  pupil-administrator  ratio; operating expenditure per
25    pupil; district expenditure by  fund;  average  administrator
26    salary; and average teacher salary.
27        (c)  The  report card shall include applicable indicators
28    of parental  involvement  in  each  attendance  center.   The
29    parental  involvement  component  of  the  report  card shall
30    include the percentage of students whose parents or guardians
31    have had one or more personal  contacts  with  the  students'
32    teachers  during  the  school  year  concerning the students'
33    education,  and  such  other  information,  commentary,   and
34    suggestions as the school district desires.  For the purposes
 
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 1    of  this  paragraph,  "personal contact" includes, but is not
 2    limited to, parent-teacher conferences,  parental  visits  to
 3    school,  school  visits to home, telephone conversations, and
 4    written correspondence.  The parental  involvement  component
 5    shall   not  single  out  or  identify  individual  students,
 6    parents, or guardians by name.
 7        (d)  The report card form shall be prepared by the  State
 8    Board  of  Education  and provided to school districts by the
 9    most efficient, economic, and appropriate means.
10    (Source: P.A. 89-610, eff. 8-6-96.)

11        (105 ILCS 5/10-21.3a new)
12        Sec. 10-21.3a.  Transfer of students. Each  school  board
13    shall establish and implement a policy governing the transfer
14    of a student from one attendance center to another within the
15    school  district  upon the request of the student's parent or
16    guardian. Any request by a parent or guardian to transfer his
17    or her child from one attendance center to another within the
18    school district pursuant  to  Section  1116  of  the  federal
19    Elementary  and  Secondary  Education  Act of 1965 (20 U.S.C.
20    Sec. 6317) must be made no  later  than  30  days  after  the
21    parent  or  guardian receives notice of the right to transfer
22    pursuant to that law. A student may not transfer  to  any  of
23    the   following  attendance  centers,  except  by  change  in
24    residence  if  the  policy  authorizes  enrollment  based  on
25    residence in an attendance area or  unless  approved  by  the
26    board on an individual basis:
27             (1)  An  attendance  center  that  exceeds  or  as a
28        result  of  the  transfer  would  exceed  its  attendance
29        capacity.
30             (2)  An attendance center for which  the  board  has
31        established  academic  criteria  for  enrollment  if  the
32        student  does  not  meet  the criteria, provided that the
33        transfer must be permitted if the  attendance  center  is
 
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 1        the  only  attendance  center serving the student's grade
 2        that has not  been  identified  for  school  improvement,
 3        corrective action, or restructuring under Section 1116 of
 4        the  federal  Elementary  and  Secondary Education Act of
 5        1965 (20 U.S.C. Sec. 6317).
 6             (3)  Any attendance center  if  the  transfer  would
 7        prevent  the school district from meeting its obligations
 8        under a State or federal law,  court  order,  or  consent
 9        decree applicable to the school district.

10        (105 ILCS 5/14C-4) (from Ch. 122, par. 14C-4)
11        Sec.  14C-4.  Notice  of  enrollment;  content; rights of
12    parents.
13        No later than 30 10  days  after  the  beginning  of  the
14    school year or 14 days after the enrollment of any child in a
15    program in transitional bilingual education during the middle
16    of  a  school  year,  the  school district in which the child
17    resides shall notify by mail the parents or legal guardian of
18    the child of the fact that their child has been enrolled in a
19    program in transitional bilingual education. The notice shall
20    contain  all  of  the  following  information  in  a  simple,
21    nontechnical language:
22             (1)  The reasons why the child has  been  placed  in
23        and needs the services of the program.
24             (2)  The  child's  level of English proficiency, how
25        this level was assessed, and the child's current level of
26        academic achievement.
27             (3)  description  of   The   purposes,   method   of
28        instruction  used  in  the program and in other available
29        offerings of the  district,  including  how  the  program
30        differs   from   those   other   offerings   in  content,
31        instructional goals, and the use of  English  and  native
32        language instruction.
33             (4)  How  the  program  will  meet  the  educational
 
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 1        strengths and needs of the child.
 2             (5)  How  the  program  will  specifically  help the
 3        child to learn English and to meet  academic  achievement
 4        standards for grade promotion and graduation.
 5             (6)  The specific exit requirements for the program,
 6        the expected rate of transition from the program into the
 7        regular  curriculum, and the expected graduation rate for
 8        children in the program if the program is offered at  the
 9        secondary level.
10             (7)  How  the  program  meets  the objectives of the
11        child's  individual   educational   program   (IEP),   if
12        applicable.
13             (8)  The  right  of the parents to decline to enroll
14        the child in the program or to choose another program  or
15        method of instruction, if available.
16             (9)  The  right  of  the  parents  to have the child
17        immediately removed from the program upon request.
18             (10)  and content of the program in which the  child
19        is  enrolled  and shall inform the parents that they have
20        The right of the parents to visit transitional  bilingual
21        education classes in which their child is enrolled and to
22        come to the school for a conference to explain the nature
23        of  transitional  bilingual  education. Said notice shall
24        further inform the parents that they  have  the  absolute
25        right,  if  they  so wish, to withdraw their child from a
26        program in transitional bilingual education in the manner
27        as hereinafter provided.
28        The notice shall be in writing  in  English  and  in  the
29    language  of  which  the  child  of  the  parents so notified
30    possesses a primary speaking ability.
31        Any parent whose child has been enrolled in a program  in
32    transitional  bilingual  education  shall  have  the absolute
33    right, either at the time of  the  original  notification  of
34    enrollment  or  at  the  close of any semester thereafter, to
 
SB1983 Enrolled            -14-                LRB9216031NTpk
 1    immediately withdraw his child from said program by providing
 2    written notice of such desire to the  school  authorities  of
 3    the  school  in  which his child is enrolled or to the school
 4    district  in  which  his  child  resides;  provided  that  no
 5    withdrawal shall be permitted unless such parent is  informed
 6    in  a conference with school district officials of the nature
 7    of the program.
 8    (Source: P.A. 78-727.)

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

13    (A)  General Provisions.
14        (1)  The  provisions  of  this  Section  apply   to   the
15    1998-1999 and subsequent school years.  The system of general
16    State  financial aid provided for in this Section is designed
17    to assure that, through a combination of State financial  aid
18    and  required local resources, the financial support provided
19    each pupil in Average Daily Attendance equals  or  exceeds  a
20    prescribed per pupil Foundation Level.  This formula approach
21    imputes  a  level  of per pupil Available Local Resources and
22    provides for the basis to calculate  a  per  pupil  level  of
23    general  State  financial  aid  that, when added to Available
24    Local Resources, equals or exceeds the Foundation Level.  The
25    amount of per pupil general State financial  aid  for  school
26    districts,   in   general,  varies  in  inverse  relation  to
27    Available Local Resources.  Per pupil amounts are based  upon
28    each  school district's Average Daily Attendance as that term
29    is defined in this Section.
30        (2)  In addition to general State financial  aid,  school
31    districts  with  specified levels or concentrations of pupils
32    from  low  income  households   are   eligible   to   receive
33    supplemental  general  State financial aid grants as provided
 
SB1983 Enrolled            -15-                LRB9216031NTpk
 1    pursuant to subsection (H). The supplemental State aid grants
 2    provided for school districts under subsection (H)  shall  be
 3    appropriated  for distribution to school districts as part of
 4    the same line item in which the general State  financial  aid
 5    of school districts is appropriated under this Section.
 6        (3)  To  receive financial assistance under this Section,
 7    school districts are required to file claims with  the  State
 8    Board of Education, subject to the following requirements:
 9             (a)  Any  school  district which fails for any given
10        school year to maintain school as required by law, or  to
11        maintain  a recognized school is not eligible to file for
12        such school year any claim upon the Common  School  Fund.
13        In  case  of  nonrecognition  of  one  or more attendance
14        centers  in  a  school   district   otherwise   operating
15        recognized  schools,  the  claim of the district shall be
16        reduced  in  the  proportion  which  the  Average   Daily
17        Attendance  in  the  attendance center or centers bear to
18        the Average Daily Attendance in the school  district.   A
19        "recognized  school"  means any public school which meets
20        the standards as established for recognition by the State
21        Board of Education.   A  school  district  or  attendance
22        center  not  having  recognition  status  at the end of a
23        school term is entitled to receive State aid payments due
24        upon  a  legal  claim  which  was  filed  while  it   was
25        recognized.
26             (b)  School district claims filed under this Section
27        are subject to Sections 18-9, 18-10, and 18-12, except as
28        otherwise provided in this Section.
29             (c)  If  a  school  district  operates  a  full year
30        school under Section 10-19.1, the general  State  aid  to
31        the  school  district  shall  be  determined by the State
32        Board of Education in accordance  with  this  Section  as
33        near as may be applicable.
34             (d)  (Blank).
 
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 1        (4)  Except  as  provided in subsections (H) and (L), the
 2    board of any district receiving any of  the  grants  provided
 3    for  in  this  Section  may  apply those funds to any fund so
 4    received  for  which  that  board  is  authorized   to   make
 5    expenditures by law.
 6        School  districts  are  not  required  to exert a minimum
 7    Operating Tax Rate in order to qualify for  assistance  under
 8    this Section.
 9        (5)  As  used  in  this Section the following terms, when
10    capitalized, shall have the meaning ascribed herein:
11             (a)  "Average Daily Attendance":  A count  of  pupil
12        attendance   in  school,  averaged  as  provided  for  in
13        subsection  (C)  and  utilized  in  deriving  per   pupil
14        financial support levels.
15             (b)  "Available  Local Resources":  A computation of
16        local financial  support,  calculated  on  the  basis  of
17        Average Daily Attendance and derived as provided pursuant
18        to subsection (D).
19             (c)  "Corporate    Personal   Property   Replacement
20        Taxes":  Funds paid to local school districts pursuant to
21        "An Act in  relation  to  the  abolition  of  ad  valorem
22        personal  property  tax  and  the replacement of revenues
23        lost thereby, and amending and repealing certain Acts and
24        parts of Acts in connection therewith", certified  August
25        14, 1979, as amended (Public Act 81-1st S.S.-1).
26             (d)  "Foundation  Level":  A prescribed level of per
27        pupil financial support as  provided  for  in  subsection
28        (B).
29             (e)  "Operating  Tax  Rate":   All  school  district
30        property taxes extended for all purposes, except Bond and
31        Interest,  Summer  School, Rent, Capital Improvement, and
32        Vocational Education Building purposes.

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

18    (C)  Average Daily Attendance.
19        (1)  For   purposes  of  calculating  general  State  aid
20    pursuant to  subsection  (E),  an  Average  Daily  Attendance
21    figure  shall  be  utilized.   The  Average  Daily Attendance
22    figure for formula calculation purposes shall be the  monthly
23    average  of the actual number of pupils in attendance of each
24    school district, as further averaged for the best 3 months of
25    pupil attendance for each school district.  In compiling  the
26    figures  for  the  number  of  pupils  in  attendance, school
27    districts  and  the  State  Board  of  Education  shall,  for
28    purposes of general State  aid  funding,  conform  attendance
29    figures to the requirements of subsection (F).
30        (2)  The  Average  Daily  Attendance  figures utilized in
31    subsection (E) shall be the requisite attendance data for the
32    school year immediately preceding the school year  for  which
33    general  State  aid is being calculated or the average of the
34    attendance data for the 3 preceding school  years,  whichever
 
SB1983 Enrolled            -18-                LRB9216031NTpk
 1    is greater.  The Average Daily Attendance figures utilized in
 2    subsection (H) shall be the requisite attendance data for the
 3    school  year  immediately preceding the school year for which
 4    general State aid is being calculated.

 5    (D)  Available Local Resources.
 6        (1)  For  purposes  of  calculating  general  State   aid
 7    pursuant  to  subsection  (E),  a representation of Available
 8    Local Resources per  pupil,  as  that  term  is  defined  and
 9    determined  in this subsection, shall be utilized.  Available
10    Local Resources per pupil shall include a  calculated  dollar
11    amount representing local school district revenues from local
12    property   taxes   and   from   Corporate  Personal  Property
13    Replacement Taxes,  expressed  on  the  basis  of  pupils  in
14    Average Daily Attendance.
15        (2)  In  determining  a  school  district's  revenue from
16    local property taxes, the  State  Board  of  Education  shall
17    utilize  the  equalized  assessed  valuation  of  all taxable
18    property of each school district as of September  30  of  the
19    previous  year.   The  equalized  assessed valuation utilized
20    shall be obtained and determined as  provided  in  subsection
21    (G).
22        (3)  For school districts maintaining grades kindergarten
23    through  12,  local  property tax revenues per pupil shall be
24    calculated  as  the  product  of  the  applicable   equalized
25    assessed  valuation for the district multiplied by 3.00%, and
26    divided by the district's Average  Daily  Attendance  figure.
27    For  school districts maintaining grades kindergarten through
28    8, local property tax revenues per pupil shall be  calculated
29    as the product of the applicable equalized assessed valuation
30    for  the  district  multiplied  by  2.30%, and divided by the
31    district's  Average  Daily  Attendance  figure.   For  school
32    districts maintaining grades 9 through 12, local property tax
33    revenues per pupil shall be the applicable equalized assessed
34    valuation of the district multiplied by 1.05%, and divided by
 
SB1983 Enrolled            -19-                LRB9216031NTpk
 1    the district's Average Daily Attendance figure.
 2        (4)  The Corporate Personal  Property  Replacement  Taxes
 3    paid to each school district during the calendar year 2 years
 4    before  the  calendar  year  in  which  a school year begins,
 5    divided by the  Average  Daily  Attendance  figure  for  that
 6    district,  shall  be added to the local property tax revenues
 7    per pupil as derived by the application  of  the  immediately
 8    preceding  paragraph (3).  The sum of these per pupil figures
 9    for each school district  shall  constitute  Available  Local
10    Resources  as  that term is utilized in subsection (E) in the
11    calculation of general State aid.

12    (E)  Computation of General State Aid.
13        (1)  For each school year, the amount  of  general  State
14    aid  allotted  to  a school district shall be computed by the
15    State Board of Education as provided in this subsection.
16        (2)  For any school district for  which  Available  Local
17    Resources  per  pupil  is less than the product of 0.93 times
18    the Foundation Level, general State  aid  for  that  district
19    shall  be  calculated  as  an  amount equal to the Foundation
20    Level minus Available  Local  Resources,  multiplied  by  the
21    Average Daily Attendance of the school district.
22        (3)  For  any  school  district for which Available Local
23    Resources per pupil is equal to or greater than  the  product
24    of  0.93 times the Foundation Level and less than the product
25    of 1.75 times the Foundation Level, the general State aid per
26    pupil shall be a decimal proportion of the  Foundation  Level
27    derived   using   a  linear  algorithm.   Under  this  linear
28    algorithm, the calculated general State aid per  pupil  shall
29    decline   in  direct  linear  fashion  from  0.07  times  the
30    Foundation Level for a school district with  Available  Local
31    Resources  equal  to the product of 0.93 times the Foundation
32    Level, to 0.05  times  the  Foundation  Level  for  a  school
33    district  with Available Local Resources equal to the product
34    of 1.75  times  the  Foundation  Level.   The  allocation  of
 
SB1983 Enrolled            -20-                LRB9216031NTpk
 1    general  State  aid  for  school  districts  subject  to this
 2    paragraph 3 shall be the calculated  general  State  aid  per
 3    pupil  figure  multiplied  by the Average Daily Attendance of
 4    the school district.
 5        (4)  For any school district for  which  Available  Local
 6    Resources  per  pupil  equals  or exceeds the product of 1.75
 7    times the Foundation Level, the general  State  aid  for  the
 8    school  district  shall  be calculated as the product of $218
 9    multiplied by the Average  Daily  Attendance  of  the  school
10    district.
11        (5)  The  amount  of  general  State  aid  allocated to a
12    school district for the 1999-2000  school  year  meeting  the
13    requirements  set  forth  in  paragraph (4) of subsection (G)
14    shall be increased by an amount equal to  the  general  State
15    aid  that  would  have  been received by the district for the
16    1998-1999 school year by utilizing the  Extension  Limitation
17    Equalized  Assessed  Valuation as calculated in paragraph (4)
18    of subsection (G) less the general State aid allotted for the
19    1998-1999 school year.  This amount shall  be  deemed  a  one
20    time  increase, and shall not affect any future general State
21    aid allocations.

22    (F)  Compilation of Average Daily Attendance.
23        (1)  Each school district shall, by July 1 of each  year,
24    submit  to  the State Board of Education, on forms prescribed
25    by the State Board of Education, attendance figures  for  the
26    school  year  that began in the preceding calendar year.  The
27    attendance information  so  transmitted  shall  identify  the
28    average daily attendance figures for each month of the school
29    year,  except  that any days of attendance in August shall be
30    added to the month of September and any days of attendance in
31    June shall be added to the month of May.
32        Except as otherwise provided in  this  Section,  days  of
33    attendance  by  pupils  shall be counted only for sessions of
34    not less than 5 clock hours of  school  work  per  day  under
 
SB1983 Enrolled            -21-                LRB9216031NTpk
 1    direct  supervision  of:  (i)  teachers, or (ii) non-teaching
 2    personnel   or   volunteer   personnel   when   engaging   in
 3    non-teaching  duties  and  supervising  in  those   instances
 4    specified in subsection (a) of Section 10-22.34 and paragraph
 5    10  of  Section 34-18, with pupils of legal school age and in
 6    kindergarten and grades 1 through 12.
 7        Days of attendance by tuition pupils shall be  accredited
 8    only  to  the  districts that pay the tuition to a recognized
 9    school.
10        (2)  Days of attendance by pupils of less  than  5  clock
11    hours  of school shall be subject to the following provisions
12    in the compilation of Average Daily Attendance.
13             (a)  Pupils regularly enrolled in  a  public  school
14        for  only  a part of the school day may be counted on the
15        basis of 1/6 day for every class hour of  instruction  of
16        40  minutes or more attended pursuant to such enrollment,
17        unless a pupil is enrolled in a block-schedule format  of
18        80  minutes  or  more  of  instruction, in which case the
19        pupil may be counted on the basis of  the  proportion  of
20        minutes  of school work completed each day to the minimum
21        number of minutes that school work is required to be held
22        that day.
23             (b)  Days of attendance may be  less  than  5  clock
24        hours  on the opening and closing of the school term, and
25        upon the first day of pupil attendance, if preceded by  a
26        day  or  days  utilized  as  an  institute  or  teachers'
27        workshop.
28             (c)  A  session  of  4  or  more  clock hours may be
29        counted as a day of attendance upon certification by  the
30        regional   superintendent,  and  approved  by  the  State
31        Superintendent  of  Education  to  the  extent  that  the
32        district has been forced to use daily multiple sessions.
33             (d)  A session of 3  or  more  clock  hours  may  be
34        counted  as a day of attendance (1) when the remainder of
 
SB1983 Enrolled            -22-                LRB9216031NTpk
 1        the school day or at least 2 hours in the evening of that
 2        day is utilized for an in-service  training  program  for
 3        teachers,  up  to  a maximum of 5 days per school year of
 4        which a maximum of 4 days of such 5 days may be used  for
 5        parent-teacher  conferences, provided a district conducts
 6        an in-service training program  for  teachers  which  has
 7        been  approved  by the State Superintendent of Education;
 8        or, in lieu of 4 such days, 2 full days may be  used,  in
 9        which  event  each  such  day  may be counted as a day of
10        attendance; and  (2)  when  days  in  addition  to  those
11        provided  in  item (1) are scheduled by a school pursuant
12        to its school improvement plan adopted under  Article  34
13        or its revised or amended school improvement plan adopted
14        under  Article 2, provided that (i) such sessions of 3 or
15        more clock  hours  are  scheduled  to  occur  at  regular
16        intervals, (ii) the remainder of the school days in which
17        such  sessions occur are utilized for in-service training
18        programs  or  other  staff  development  activities   for
19        teachers,  and  (iii)  a  sufficient number of minutes of
20        school work under the direct supervision of teachers  are
21        added to the school days between such regularly scheduled
22        sessions  to  accumulate  not  less  than  the  number of
23        minutes by which such sessions of 3 or more  clock  hours
24        fall  short  of 5 clock hours. Any full days used for the
25        purposes of this paragraph shall not  be  considered  for
26        computing  average  daily attendance.  Days scheduled for
27        in-service   training   programs,    staff    development
28        activities,   or   parent-teacher   conferences   may  be
29        scheduled  separately  for  different  grade  levels  and
30        different attendance centers of the district.
31             (e)  A session of not less than one  clock  hour  of
32        teaching  hospitalized  or homebound pupils on-site or by
33        telephone to the classroom may be counted as 1/2  day  of
34        attendance,  however  these pupils must receive 4 or more
 
SB1983 Enrolled            -23-                LRB9216031NTpk
 1        clock hours of instruction to be counted for a  full  day
 2        of attendance.
 3             (f)  A  session  of  at  least  4 clock hours may be
 4        counted as a day of attendance for  first  grade  pupils,
 5        and  pupils in full day kindergartens, and a session of 2
 6        or more hours may be counted as 1/2 day of attendance  by
 7        pupils  in  kindergartens  which  provide only 1/2 day of
 8        attendance.
 9             (g)  For children with disabilities  who  are  below
10        the  age of 6 years and who cannot attend 2 or more clock
11        hours  because  of  their  disability  or  immaturity,  a
12        session of not less than one clock hour may be counted as
13        1/2 day of attendance; however for  such  children  whose
14        educational needs so require a session of 4 or more clock
15        hours may be counted as a full day of attendance.
16             (h)  A  recognized  kindergarten  which provides for
17        only 1/2 day of attendance by each pupil shall  not  have
18        more  than  1/2 day of attendance counted in any one day.
19        However, kindergartens may count 2 1/2 days of attendance
20        in any 5 consecutive school days.  When a  pupil  attends
21        such  a  kindergarten  for  2 half days on any one school
22        day, the pupil shall have the  following  day  as  a  day
23        absent  from  school,  unless the school district obtains
24        permission in writing from the  State  Superintendent  of
25        Education.  Attendance at kindergartens which provide for
26        a full day of attendance by each pupil shall  be  counted
27        the  same  as  attendance by first grade pupils. Only the
28        first year of attendance in  one  kindergarten  shall  be
29        counted,  except  in  case  of  children  who entered the
30        kindergarten  in  their  fifth  year  whose   educational
31        development  requires  a  second  year of kindergarten as
32        determined under the rules and regulations of  the  State
33        Board of Education.

34    (G)  Equalized Assessed Valuation Data.
 
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 1        (1)  For  purposes  of the calculation of Available Local
 2    Resources required pursuant  to  subsection  (D),  the  State
 3    Board  of  Education  shall  secure  from  the  Department of
 4    Revenue the value as equalized or assessed by the  Department
 5    of  Revenue of all taxable property of every school district,
 6    together with (i) the applicable tax rate used  in  extending
 7    taxes for the funds of the district as of September 30 of the
 8    previous  year  and  (ii)  the  limiting  rate for all school
 9    districts subject to property tax  extension  limitations  as
10    imposed under the Property Tax Extension Limitation Law.
11        This equalized assessed valuation, as adjusted further by
12    the requirements of this subsection, shall be utilized in the
13    calculation of Available Local Resources.
14        (2)  The  equalized  assessed  valuation in paragraph (1)
15    shall be adjusted, as applicable, in the following manner:
16             (a)  For the purposes of calculating State aid under
17        this Section, with  respect  to  any  part  of  a  school
18        district  within  a redevelopment project area in respect
19        to  which  a  municipality  has  adopted  tax   increment
20        allocation   financing  pursuant  to  the  Tax  Increment
21        Allocation Redevelopment Act, Sections 11-74.4-1  through
22        11-74.4-11   of   the  Illinois  Municipal  Code  or  the
23        Industrial Jobs Recovery Law, Sections 11-74.6-1  through
24        11-74.6-50 of the Illinois Municipal Code, no part of the
25        current  equalized  assessed  valuation  of real property
26        located in any such project area which is attributable to
27        an increase above the total  initial  equalized  assessed
28        valuation  of  such property shall be used as part of the
29        equalized assessed valuation of the district, until  such
30        time  as  all redevelopment project costs have been paid,
31        as provided in Section 11-74.4-8  of  the  Tax  Increment
32        Allocation  Redevelopment Act or in Section 11-74.6-35 of
33        the Industrial Jobs Recovery Law.  For the purpose of the
34        equalized assessed valuation of the district,  the  total
 
SB1983 Enrolled            -25-                LRB9216031NTpk
 1        initial  equalized  assessed  valuation  or  the  current
 2        equalized  assessed  valuation, whichever is lower, shall
 3        be used until such  time  as  all  redevelopment  project
 4        costs have been paid.
 5             (b)  The  real property equalized assessed valuation
 6        for a school district shall be  adjusted  by  subtracting
 7        from  the real property value as equalized or assessed by
 8        the Department of Revenue  for  the  district  an  amount
 9        computed by dividing the amount of any abatement of taxes
10        under  Section  18-170  of the Property Tax Code by 3.00%
11        for a district maintaining  grades  kindergarten  through
12        12,   by   2.30%   for   a  district  maintaining  grades
13        kindergarten through  8,  or  by  1.05%  for  a  district
14        maintaining grades 9 through 12 and adjusted by an amount
15        computed by dividing the amount of any abatement of taxes
16        under  subsection  (a)  of Section 18-165 of the Property
17        Tax Code by the same percentage rates for  district  type
18        as specified in this subparagraph (b).
19        (3)  For  the  1999-2000 school year and each school year
20    thereafter, if a school district meets all of the criteria of
21    this subsection (G)(3), the school district's Available Local
22    Resources shall be calculated under subsection (D) using  the
23    district's  Extension Limitation Equalized Assessed Valuation
24    as calculated under this subsection (G)(3).
25        For purposes of  this  subsection  (G)(3)  the  following
26    terms shall have the following meanings:
27             "Budget  Year":   The  school year for which general
28        State aid is calculated and awarded under subsection (E).
29             "Base Tax Year": The property tax levy year used  to
30        calculate  the  Budget  Year  allocation of general State
31        aid.
32             "Preceding Tax Year": The  property  tax  levy  year
33        immediately preceding the Base Tax Year.
34             "Base  Tax Year's Tax Extension": The product of the
 
SB1983 Enrolled            -26-                LRB9216031NTpk
 1        equalized assessed valuation utilized by the County Clerk
 2        in the Base Tax Year multiplied by the limiting  rate  as
 3        calculated  by  the  County  Clerk  and  defined  in  the
 4        Property Tax Extension Limitation Law.
 5             "Preceding Tax Year's Tax Extension": The product of
 6        the  equalized  assessed valuation utilized by the County
 7        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
 8        Operating Tax Rate as defined in subsection (A).
 9             "Extension Limitation  Ratio":  A  numerical  ratio,
10        certified  by the County Clerk, in which the numerator is
11        the Base Tax Year's Tax Extension and the denominator  is
12        the Preceding Tax Year's Tax Extension.
13             "Operating  Tax  Rate":  The  operating  tax rate as
14        defined in subsection (A).
15        If a school district is subject to property tax extension
16    limitations as  imposed  under  the  Property  Tax  Extension
17    Limitation  Law, the State Board of Education shall calculate
18    the Extension Limitation Equalized Assessed Valuation of that
19    district.  For  the  1999-2000  school  year,  the  Extension
20    Limitation  Equalized Assessed Valuation of a school district
21    as calculated by the State Board of Education shall be  equal
22    to  the  product  of  the  district's 1996 Equalized Assessed
23    Valuation and the district's Extension Limitation Ratio.  For
24    the 2000-2001 school year and each  school  year  thereafter,
25    the  Extension  Limitation  Equalized Assessed Valuation of a
26    school district as calculated by the State Board of Education
27    shall be equal to  the  product  of  the  Equalized  Assessed
28    Valuation  last  used in the calculation of general State aid
29    and  the  district's  Extension  Limitation  Ratio.  If   the
30    Extension Limitation Equalized Assessed Valuation of a school
31    district  as  calculated under this subsection (G)(3) is less
32    than  the  district's   equalized   assessed   valuation   as
33    calculated  pursuant  to  subsections (G)(1) and (G)(2), then
34    for purposes of calculating the district's general State  aid
 
SB1983 Enrolled            -27-                LRB9216031NTpk
 1    for   the  Budget  Year  pursuant  to  subsection  (E),  that
 2    Extension Limitation Equalized Assessed  Valuation  shall  be
 3    utilized   to   calculate   the  district's  Available  Local
 4    Resources under subsection (D).
 5        (4)  For the purposes of calculating  general  State  aid
 6    for  the  1999-2000  school  year  only, if a school district
 7    experienced  a  triennial  reassessment  on   the   equalized
 8    assessed  valuation  used  in  calculating  its general State
 9    financial aid apportionment for the  1998-1999  school  year,
10    the  State  Board  of Education shall calculate the Extension
11    Limitation Equalized Assessed Valuation that would have  been
12    used to calculate the district's 1998-1999 general State aid.
13    This amount shall equal the product of the equalized assessed
14    valuation  used  to  calculate  general  State  aid  for  the
15    1997-1998 school year and the district's Extension Limitation
16    Ratio.    If  the  Extension  Limitation  Equalized  Assessed
17    Valuation of the school district  as  calculated  under  this
18    paragraph  (4) is less than the district's equalized assessed
19    valuation utilized in calculating  the  district's  1998-1999
20    general   State   aid   allocation,   then  for  purposes  of
21    calculating the district's  general  State  aid  pursuant  to
22    paragraph  (5)  of  subsection (E), that Extension Limitation
23    Equalized Assessed Valuation shall be utilized  to  calculate
24    the district's Available Local Resources.
25        (5)  For  school  districts  having  a  majority of their
26    equalized assessed  valuation  in  any  county  except  Cook,
27    DuPage,  Kane,  Lake,  McHenry,  or  Will,  if  the amount of
28    general State aid allocated to the school  district  for  the
29    1999-2000 school year under the provisions of subsection (E),
30    (H),  and  (J)  of  this  Section  is less than the amount of
31    general State aid allocated to the district for the 1998-1999
32    school year under these subsections, then the  general  State
33    aid  of the district for the 1999-2000 school year only shall
34    be increased by the difference between  these  amounts.   The
 
SB1983 Enrolled            -28-                LRB9216031NTpk
 1    total payments made under this paragraph (5) shall not exceed
 2    $14,000,000.    Claims  shall  be  prorated  if  they  exceed
 3    $14,000,000.

 4    (H)  Supplemental General State Aid.
 5        (1)  In addition  to  the  general  State  aid  a  school
 6    district  is  allotted pursuant to subsection (E), qualifying
 7    school districts shall receive a grant, paid  in  conjunction
 8    with   a  district's  payments  of  general  State  aid,  for
 9    supplemental general State aid based upon  the  concentration
10    level  of  children  from  low-income  households  within the
11    school district. Supplemental State aid grants  provided  for
12    school  districts under this subsection shall be appropriated
13    for distribution to school districts as part of the same line
14    item in which the  general  State  financial  aid  of  school
15    districts is appropriated under this Section. For purposes of
16    this  subsection,  the  term "Low-Income Concentration Level"
17    shall be the low-income eligible pupil count  from  the  most
18    recently  available  federal  census  divided  by the Average
19    Daily Attendance of the school district. If, however, (i) the
20    percentage decrease from the 2 most recent  federal  censuses
21    in  the  low-income  eligible  pupil  count  of a high school
22    district with fewer than 400 students exceeds by 75% or  more
23    the  percentage change in the total low-income eligible pupil
24    count  of  contiguous  elementary  school  districts,   whose
25    boundaries  are coterminous with the high school district, or
26    (ii) a high school district within 2 counties and  serving  5
27    elementary school districts, whose boundaries are coterminous
28    with the high school district, has a percentage decrease from
29    the 2 most recent federal censuses in the low-income eligible
30    pupil  count  and there is a percentage increase in the total
31    low-income  eligible  pupil  count  of  a  majority  of   the
32    elementary  school districts in excess of 50% from the 2 most
33    recent federal censuses,  then  the  high  school  district's
34    low-income  eligible  pupil  count  from  the earlier federal
 
SB1983 Enrolled            -29-                LRB9216031NTpk
 1    census shall be the number used as  the  low-income  eligible
 2    pupil  count  for  the  high school district, for purposes of
 3    this subsection (H).  The changes made to this paragraph  (1)
 4    by  Public  Act 92-28 this amendatory Act of the 92nd General
 5    Assembly shall apply to supplemental general State aid grants
 6    paid in fiscal year 1999 and in each fiscal  year  thereafter
 7    and  to  any  State  aid  payments  made  in fiscal year 1994
 8    through fiscal year  1998  pursuant  to  subsection  1(n)  of
 9    Section  18-8  of  this  Code  (which was repealed on July 1,
10    1998), and any high  school  district  that  is  affected  by
11    Public  Act  92-28  this  amendatory  Act of the 92nd General
12    Assembly is entitled to a recomputation of  its  supplemental
13    general  State  aid  grant  or State aid paid in any of those
14    fiscal years.  This recomputation shall not  be  affected  by
15    any other funding.
16        (2)  Supplemental  general  State  aid  pursuant  to this
17    subsection  (H)  shall  be  provided  as  follows   for   the
18    1998-1999, 1999-2000, and 2000-2001 school years only:
19             (a)  For  any  school  district  with  a  Low Income
20        Concentration Level of at least 20% and  less  than  35%,
21        the grant for any school year shall be $800 multiplied by
22        the low income eligible pupil count.
23             (b)  For  any  school  district  with  a  Low Income
24        Concentration Level of at least 35% and  less  than  50%,
25        the  grant  for the 1998-1999 school year shall be $1,100
26        multiplied by the low income eligible pupil count.
27             (c)  For any  school  district  with  a  Low  Income
28        Concentration  Level  of  at least 50% and less than 60%,
29        the grant for the 1998-99 school  year  shall  be  $1,500
30        multiplied by the low income eligible pupil count.
31             (d)  For  any  school  district  with  a  Low Income
32        Concentration Level of 60% or more,  the  grant  for  the
33        1998-99 school year shall be $1,900 multiplied by the low
34        income eligible pupil count.
 
SB1983 Enrolled            -30-                LRB9216031NTpk
 1             (e)  For  the  1999-2000  school year, the per pupil
 2        amount specified  in  subparagraphs  (b),  (c),  and  (d)
 3        immediately  above  shall be increased to $1,243, $1,600,
 4        and $2,000, respectively.
 5             (f)  For the 2000-2001 school year,  the  per  pupil
 6        amounts  specified  in  subparagraphs  (b),  (c), and (d)
 7        immediately above shall be $1,273,  $1,640,  and  $2,050,
 8        respectively.
 9        (2.5)  Supplemental  general  State  aid pursuant to this
10    subsection (H) shall be provided as follows for the 2002-2003
11    2001-2002 school year and each school year thereafter:
12             (a)  For any  school  district  with  a  Low  Income
13        Concentration  Level of less than 10%, the grant for each
14        school year shall be $355 multiplied by  the  low  income
15        eligible pupil count.
16             (b)  For  any  school  district  with  a  Low Income
17        Concentration Level of at least 10% and  less  than  20%,
18        the  grant  for each school year shall be $675 multiplied
19        by the low income eligible pupil count.
20             (c)  For any  school  district  with  a  Low  Income
21        Concentration  Level  of  at least 20% and less than 35%,
22        the grant for each school year  shall  be  $1,330  $1,190
23        multiplied by the low income eligible pupil count.
24             (d)  For  any  school  district  with  a  Low Income
25        Concentration Level of at least 35% and  less  than  50%,
26        the  grant  for  each  school year shall be $1,362 $1,333
27        multiplied by the low income eligible pupil count.
28             (e)  For any  school  district  with  a  Low  Income
29        Concentration  Level  of  at least 50% and less than 60%,
30        the grant for each school year shall be $1,680 multiplied
31        by the low income eligible pupil count.
32             (f)  For any  school  district  with  a  Low  Income
33        Concentration  Level  of  60% or more, the grant for each
34        school year shall be $2,080 multiplied by the low  income
 
SB1983 Enrolled            -31-                LRB9216031NTpk
 1        eligible pupil count.
 2        (3)  School districts with an Average Daily Attendance of
 3    more  than  1,000  and  less  than  50,000  that  qualify for
 4    supplemental general State aid pursuant  to  this  subsection
 5    shall  submit a plan to the State Board of Education prior to
 6    October 30 of each year for the use of  the  funds  resulting
 7    from  this  grant  of  supplemental general State aid for the
 8    improvement of instruction in  which  priority  is  given  to
 9    meeting  the education needs of disadvantaged children.  Such
10    plan  shall  be  submitted  in  accordance  with  rules   and
11    regulations promulgated by the State Board of Education.
12        (4)  School districts with an Average Daily Attendance of
13    50,000  or  more  that qualify for supplemental general State
14    aid  pursuant  to  this  subsection  shall  be  required   to
15    distribute  from funds available pursuant to this Section, no
16    less than  $261,000,000  in  accordance  with  the  following
17    requirements:
18             (a)  The  required  amounts  shall be distributed to
19        the attendance centers within the district in  proportion
20        to  the  number  of  pupils  enrolled  at each attendance
21        center who are eligible to receive free or  reduced-price
22        lunches  or  breakfasts under the federal Child Nutrition
23        Act of 1966 and  under  the  National  School  Lunch  Act
24        during the immediately preceding school year.
25             (b)  The   distribution   of   these   portions   of
26        supplemental  and  general  State  aid  among  attendance
27        centers  according  to  these  requirements  shall not be
28        compensated for or  contravened  by  adjustments  of  the
29        total  of  other  funds  appropriated  to  any attendance
30        centers, and the Board of Education shall utilize funding
31        from one or several sources in order to  fully  implement
32        this provision annually prior to the opening of school.
33             (c)  Each attendance center shall be provided by the
34        school  district  a  distribution of noncategorical funds
 
SB1983 Enrolled            -32-                LRB9216031NTpk
 1        and other categorical funds to which an attendance center
 2        is entitled under law in order that the general State aid
 3        and  supplemental   general   State   aid   provided   by
 4        application  of  this  subsection supplements rather than
 5        supplants the noncategorical funds and other  categorical
 6        funds  provided  by the school district to the attendance
 7        centers.
 8             (d)  Any funds made available under this  subsection
 9        that  by  reason of the provisions of this subsection are
10        not required to be allocated and provided  to  attendance
11        centers  may be used and appropriated by the board of the
12        district for any lawful school purpose.
13             (e)  Funds received by an attendance center pursuant
14        to this subsection shall be used by the attendance center
15        at the discretion  of  the  principal  and  local  school
16        council for programs to improve educational opportunities
17        at  qualifying schools through the following programs and
18        services: early childhood education, reduced  class  size
19        or  improved adult to student classroom ratio, enrichment
20        programs, remedial  assistance,  attendance  improvement,
21        and  other  educationally  beneficial  expenditures which
22        supplement the regular and basic programs  as  determined
23        by the State Board of Education. Funds provided shall not
24        be  expended  for  any  political or lobbying purposes as
25        defined by board rule.
26             (f)  Each district subject to the provisions of this
27        subdivision (H)(4) shall submit  an  acceptable  plan  to
28        meet  the educational needs of disadvantaged children, in
29        compliance with the requirements of  this  paragraph,  to
30        the  State  Board  of  Education prior to July 15 of each
31        year. This plan shall be consistent with the decisions of
32        local school councils concerning the  school  expenditure
33        plans  developed  in  accordance  with  part 4 of Section
34        34-2.3.  The State Board shall approve or reject the plan
 
SB1983 Enrolled            -33-                LRB9216031NTpk
 1        within 60 days after its  submission.   If  the  plan  is
 2        rejected,  the  district  shall  give  written  notice of
 3        intent  to  modify  the  plan  within  15  days  of   the
 4        notification of rejection and then submit a modified plan
 5        within  30  days  after the date of the written notice of
 6        intent to modify.  Districts  may  amend  approved  plans
 7        pursuant  to  rules  promulgated  by  the  State Board of
 8        Education.
 9             Upon notification by the State  Board  of  Education
10        that  the district has not submitted a plan prior to July
11        15 or a modified plan within the  time  period  specified
12        herein,  the  State  aid  funds  affected by that plan or
13        modified plan shall be withheld by  the  State  Board  of
14        Education until a plan or modified plan is submitted.
15             If  the  district  fails  to distribute State aid to
16        attendance centers in accordance with an  approved  plan,
17        the  plan for the following year shall allocate funds, in
18        addition  to  the  funds  otherwise  required   by   this
19        subsection,   to  those  attendance  centers  which  were
20        underfunded during the previous year in amounts equal  to
21        such underfunding.
22             For  purposes  of  determining  compliance with this
23        subsection in relation to the requirements of  attendance
24        center  funding,  each district subject to the provisions
25        of this subsection shall submit as a separate document by
26        December 1 of each year a report of expenditure data  for
27        the  prior  year  in  addition to any modification of its
28        current plan.  If it is determined that there has been  a
29        failure to comply with the expenditure provisions of this
30        subsection  regarding  contravention  or supplanting, the
31        State Superintendent of Education shall, within  60  days
32        of  receipt  of  the  report, notify the district and any
33        affected local school council.  The district shall within
34        45 days of receipt of that notification inform the  State
 
SB1983 Enrolled            -34-                LRB9216031NTpk
 1        Superintendent of Education of the remedial or corrective
 2        action  to be taken, whether  by amendment of the current
 3        plan, if feasible, or by adjustment in the plan  for  the
 4        following  year.   Failure  to  provide  the  expenditure
 5        report  or  the  notification  of  remedial or corrective
 6        action in a timely manner shall result in  a  withholding
 7        of the affected funds.
 8             The  State Board of Education shall promulgate rules
 9        and regulations  to  implement  the  provisions  of  this
10        subsection.   No  funds  shall  be  released  under  this
11        subdivision (H)(4) to any district that has not submitted
12        a  plan  that  has  been  approved  by the State Board of
13        Education.

14    (I)  General State Aid for Newly Configured School Districts.
15        (1)  For  a  new  school  district  formed  by  combining
16    property  included  totally  within  2  or  more   previously
17    existing  school  districts,  for its first year of existence
18    the general State aid  and  supplemental  general  State  aid
19    calculated  under  this Section shall be computed for the new
20    district and for the previously existing districts for  which
21    property is totally included within the new district.  If the
22    computation on the basis of the previously existing districts
23    is  greater,  a supplementary payment equal to the difference
24    shall be made for the first 4 years of existence of  the  new
25    district.
26        (2)  For  a  school  district  which  annexes  all of the
27    territory of one or more entire other school  districts,  for
28    the   first  year  during  which  the  change  of  boundaries
29    attributable to such annexation  becomes  effective  for  all
30    purposes as determined under Section 7-9 or 7A-8, the general
31    State aid and supplemental general State aid calculated under
32    this  Section  shall be computed for the annexing district as
33    constituted after the annexation and  for  the  annexing  and
34    each annexed district as constituted prior to the annexation;
 
SB1983 Enrolled            -35-                LRB9216031NTpk
 1    and  if  the  computation  on  the  basis of the annexing and
 2    annexed districts as constituted prior to the  annexation  is
 3    greater,  a  supplementary  payment  equal  to the difference
 4    shall be made for the first  4  years  of  existence  of  the
 5    annexing school district as constituted upon such annexation.
 6        (3)  For  2  or  more school districts which annex all of
 7    the territory of one or more entire other  school  districts,
 8    and  for 2 or more community unit districts which result upon
 9    the division (pursuant to petition under  Section  11A-2)  of
10    one  or more other unit school districts into 2 or more parts
11    and which together include all of the parts into  which  such
12    other  unit  school district or districts are so divided, for
13    the  first  year  during  which  the  change  of   boundaries
14    attributable to such annexation or division becomes effective
15    for  all  purposes as determined under Section 7-9 or 11A-10,
16    as the case may be, the general State  aid  and  supplemental
17    general  State  aid  calculated  under  this Section shall be
18    computed  for  each  annexing  or   resulting   district   as
19    constituted  after  the  annexation  or division and for each
20    annexing and annexed district,  or  for  each  resulting  and
21    divided  district,  as constituted prior to the annexation or
22    division; and if the aggregate of the general State  aid  and
23    supplemental  general  State  aid  as  so  computed  for  the
24    annexing  or  resulting  districts  as  constituted after the
25    annexation or division is less  than  the  aggregate  of  the
26    general  State  aid  and supplemental general State aid as so
27    computed for the annexing and annexed districts, or  for  the
28    resulting  and divided districts, as constituted prior to the
29    annexation or division, then a supplementary payment equal to
30    the difference shall be made and allocated between  or  among
31    the annexing or resulting districts, as constituted upon such
32    annexation  or  division,  for  the  first  4  years of their
33    existence.  The total difference payment shall  be  allocated
34    between  or  among the annexing or resulting districts in the
 
SB1983 Enrolled            -36-                LRB9216031NTpk
 1    same ratio as the pupil enrollment from that portion  of  the
 2    annexed  or divided district or districts which is annexed to
 3    or included in each such annexing or resulting district bears
 4    to the total pupil enrollment  from  the  entire  annexed  or
 5    divided  district  or  districts, as such pupil enrollment is
 6    determined for the school year last ending prior to the  date
 7    when  the change of boundaries attributable to the annexation
 8    or division becomes effective for all purposes.   The  amount
 9    of  the total difference payment and the amount thereof to be
10    allocated to the annexing or  resulting  districts  shall  be
11    computed  by  the  State  Board  of Education on the basis of
12    pupil enrollment and other data which shall be  certified  to
13    the State Board of Education, on forms which it shall provide
14    for  that  purpose, by the regional superintendent of schools
15    for each educational service region in which the annexing and
16    annexed districts, or resulting  and  divided  districts  are
17    located.
18        (3.5)  Claims   for   financial   assistance  under  this
19    subsection (I) shall not be recomputed  except  as  expressly
20    provided under this Section.
21        (4)  Any supplementary payment made under this subsection
22    (I) shall be treated as separate from all other payments made
23    pursuant to this Section.

24    (J)  Supplementary Grants in Aid.
25        (1)  Notwithstanding   any   other   provisions  of  this
26    Section, the amount of the aggregate  general  State  aid  in
27    combination  with  supplemental  general State aid under this
28    Section for which each school district is eligible  shall  be
29    no  less  than  the amount of the aggregate general State aid
30    entitlement that was received by the district  under  Section
31    18-8  (exclusive  of  amounts received under subsections 5(p)
32    and 5(p-5) of that Section)  for  the  1997-98  school  year,
33    pursuant  to the provisions of that Section as it was then in
34    effect.  If  a  school  district  qualifies  to   receive   a
 
SB1983 Enrolled            -37-                LRB9216031NTpk
 1    supplementary  payment  made  under  this subsection (J), the
 2    amount of the aggregate general State aid in combination with
 3    supplemental general State aid under this Section which  that
 4    district is eligible to receive for each school year shall be
 5    no  less  than  the amount of the aggregate general State aid
 6    entitlement that was received by the district  under  Section
 7    18-8  (exclusive  of  amounts received under subsections 5(p)
 8    and 5(p-5) of that Section) for the  1997-1998  school  year,
 9    pursuant  to the provisions of that Section as it was then in
10    effect.
11        (2)  If, as provided in paragraph (1) of this  subsection
12    (J),  a school district is to receive aggregate general State
13    aid in combination with supplemental general State aid  under
14    this  Section  for the 1998-99 school year and any subsequent
15    school year that in any such school year  is  less  than  the
16    amount  of  the  aggregate general State aid entitlement that
17    the district received for the 1997-98 school year, the school
18    district shall also receive, from  a  separate  appropriation
19    made  for  purposes  of  this subsection (J), a supplementary
20    payment that is equal to the amount of the difference in  the
21    aggregate State aid figures as described in paragraph (1).
22        (3)  (Blank).

23    (K)  Grants to Laboratory and Alternative Schools.
24        In  calculating  the  amount  to be paid to the governing
25    board of a  public  university  that  operates  a  laboratory
26    school  under  this Section or to any alternative school that
27    is operated by a  regional  superintendent  of  schools,  the
28    State Board of Education shall require by rule such reporting
29    requirements as it deems necessary.
30        As  used  in  this  Section,  "laboratory school" means a
31    public school which is  created  and  operated  by  a  public
32    university and approved by the State Board of Education.  The
33    governing  board  of a public university which receives funds
34    from the State  Board  under  this  subsection  (K)  may  not
 
SB1983 Enrolled            -38-                LRB9216031NTpk
 1    increase  the  number  of students enrolled in its laboratory
 2    school from a single district, if that  district  is  already
 3    sending  50 or more students, except under a mutual agreement
 4    between the school board of a student's district of residence
 5    and the university which operates the laboratory  school.   A
 6    laboratory  school  may  not  have  more than 1,000 students,
 7    excluding students with disabilities in a  special  education
 8    program.
 9        As  used  in  this  Section, "alternative school" means a
10    public school which is created and  operated  by  a  Regional
11    Superintendent  of Schools and approved by the State Board of
12    Education.  Such alternative schools  may  offer  courses  of
13    instruction  for  which  credit  is  given  in regular school
14    programs, courses to prepare students  for  the  high  school
15    equivalency  testing  program  or vocational and occupational
16    training.   A regional superintendent of schools may contract
17    with a school district or a public community college district
18    to operate an  alternative  school.   An  alternative  school
19    serving  more  than  one  educational  service  region may be
20    established by the regional superintendents of schools of the
21    affected educational service regions.  An alternative  school
22    serving  more  than  one  educational  service  region may be
23    operated under such terms as the regional superintendents  of
24    schools of those educational service regions may agree.
25        Each  laboratory  and  alternative  school shall file, on
26    forms provided by the State Superintendent of  Education,  an
27    annual  State  aid  claim  which  states  the  Average  Daily
28    Attendance  of  the  school's  students by month.  The best 3
29    months' Average Daily Attendance shall be computed  for  each
30    school.  The  general State aid entitlement shall be computed
31    by multiplying the applicable Average Daily Attendance by the
32    Foundation Level as determined under this Section.

33    (L)  Payments,   Additional   Grants   in   Aid   and   Other
34    Requirements.
 
SB1983 Enrolled            -39-                LRB9216031NTpk
 1        (1)  For a school district operating under the  financial
 2    supervision  of  an  Authority created under Article 34A, the
 3    general State aid otherwise payable to  that  district  under
 4    this  Section,  but  not  the supplemental general State aid,
 5    shall be reduced by an amount equal to  the  budget  for  the
 6    operations  of the Authority as certified by the Authority to
 7    the State Board of Education, and an  amount  equal  to  such
 8    reduction  shall  be  paid  to the Authority created for such
 9    district for its operating expenses in the manner provided in
10    Section 18-11.  The remainder of general State school aid for
11    any such district shall be paid in  accordance  with  Article
12    34A  when  that Article provides for a disposition other than
13    that provided by this Article.
14        (2)  (Blank).
15        (3)  Summer school.  Summer school payments shall be made
16    as provided in Section 18-4.3.

17    (M)  Education Funding Advisory Board.
18        The Education Funding Advisory Board, hereinafter in this
19    subsection (M) referred to as the "Board", is hereby created.
20    The Board shall consist of 5 members who are appointed by the
21    Governor, by and with the advice and consent of  the  Senate.
22    The   members  appointed  shall  include  representatives  of
23    education, business, and  the  general  public.  One  of  the
24    members  so  appointed shall be designated by the Governor at
25    the time the appointment is made as the  chairperson  of  the
26    Board.  The initial members of the Board may be appointed any
27    time after the effective date of this amendatory Act of 1997.
28    The regular term of each member of the Board shall be  for  4
29    years  from  the third Monday of January of the year in which
30    the term of the member's appointment is to  commence,  except
31    that  of  the  5  initial  members  appointed to serve on the
32    Board, the member who is appointed as the  chairperson  shall
33    serve  for  a  term  that commences on the date of his or her
34    appointment and expires on the third Monday of January, 2002,
 
SB1983 Enrolled            -40-                LRB9216031NTpk
 1    and the remaining 4 members,  by  lots  drawn  at  the  first
 2    meeting  of  the  Board  that is held after all 5 members are
 3    appointed, shall determine 2 of their  number  to  serve  for
 4    terms   that   commence  on  the  date  of  their  respective
 5    appointments and expire on the third Monday of January, 2001,
 6    and 2 of their number to serve for terms that commence on the
 7    date of their respective appointments and expire on the third
 8    Monday of January, 2000.  All members appointed to  serve  on
 9    the  Board  shall serve until their respective successors are
10    appointed and confirmed.  Vacancies shall be  filled  in  the
11    same  manner  as  original  appointments.   If  a  vacancy in
12    membership occurs at  a  time  when  the  Senate  is  not  in
13    session,  the  Governor  shall  make  a temporary appointment
14    until the next meeting of the Senate, when he  or  she  shall
15    appoint,  by and with the advice and consent of the Senate, a
16    person to fill that membership for the  unexpired  term.   If
17    the  Senate  is  not in session when the initial appointments
18    are made, those appointments shall be made as in the case  of
19    vacancies.
20        The  Education  Funding  Advisory  Board  shall be deemed
21    established,  and  the  initial  members  appointed  by   the
22    Governor  to serve as members of the Board shall take office,
23    on the date that the Governor makes his or her appointment of
24    the fifth initial member of the Board, whether those  initial
25    members   are   then  serving  pursuant  to  appointment  and
26    confirmation or pursuant to temporary appointments  that  are
27    made by the Governor as in the case of vacancies.
28        The  State  Board  of  Education shall provide such staff
29    assistance to the Education  Funding  Advisory  Board  as  is
30    reasonably  required  for the proper performance by the Board
31    of its responsibilities.
32        For school years after the  2000-2001  school  year,  the
33    Education  Funding  Advisory  Board, in consultation with the
34    State Board  of  Education,  shall  make  recommendations  as
 
SB1983 Enrolled            -41-                LRB9216031NTpk
 1    provided  in  this subsection (M) to the General Assembly for
 2    the foundation level under subdivision (B)(3) of this Section
 3    and for the supplemental general State aid grant level  under
 4    subsection  (H)  of  this  Section  for  districts  with high
 5    concentrations of children  from  poverty.   The  recommended
 6    foundation  level  shall be determined based on a methodology
 7    which  incorporates  the  basic  education  expenditures   of
 8    low-spending  schools  exhibiting  high academic performance.
 9    The  Education  Funding  Advisory  Board  shall   make   such
10    recommendations  to  the General Assembly on January 1 of odd
11    numbered years, beginning January 1, 2001.

12    (N)  (Blank).

13    (O)  References.
14        (1)  References in other laws to the various subdivisions
15    of Section 18-8 as that Section existed before its repeal and
16    replacement by this Section 18-8.05 shall be deemed to  refer
17    to  the  corresponding provisions of this Section 18-8.05, to
18    the extent that those references remain applicable.
19        (2)  References in other laws to State  Chapter  1  funds
20    shall  be  deemed  to refer to the supplemental general State
21    aid provided under subsection (H) of this Section.
22    (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99;  91-96,
23    eff.  7-9-99;  91-111,  eff.  7-14-99;  91-357, eff. 7-29-99;
24    91-533,  eff.  8-13-99;  92-7,  eff.  6-29-01;  92-16,   eff.
25    6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
26    8-7-01; revised 8-7-01.)

27        (105 ILCS 5/34-18.23 new)
28        Sec.  34-18.23.  Transfer  of  students.  The board shall
29    establish and implement a policy governing the transfer of  a
30    student  from  one  attendance  center  to another within the
31    school district upon the request of the student's  parent  or
32    guardian. Any request by a parent or guardian to transfer his
 
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 1    or her child from one attendance center to another within the
 2    school  district  pursuant  to  Section  1116  of the federal
 3    Elementary and Secondary Education Act  of  1965  (20  U.S.C.
 4    Sec.  6317)  must  be  made  no  later than 30 days after the
 5    parent or guardian receives notice of the right  to  transfer
 6    pursuant  to  that  law. A student may not transfer to any of
 7    the  following  attendance  centers,  except  by  change   in
 8    residence  if  the  policy  authorizes  enrollment  based  on
 9    residence  in  an  attendance  area or unless approved by the
10    board on an individual basis:
11             (1)  An attendance  center  that  exceeds  or  as  a
12        result  of  the  transfer  would  exceed  its  attendance
13        capacity.
14             (2)  An  attendance  center  for which the board has
15        established  academic  criteria  for  enrollment  if  the
16        student does not meet the  criteria,  provided  that  the
17        transfer  must  be  permitted if the attendance center is
18        the only attendance center serving  the  student's  grade
19        that  has  not  been  identified  for school improvement,
20        corrective action, or restructuring under Section 1116 of
21        the federal Elementary and  Secondary  Education  Act  of
22        1965 (20 U.S.C. Sec. 6317).
23             (3)  Any  attendance  center  if  the transfer would
24        prevent the school district from meeting its  obligations
25        under  a  State  or  federal law, court order, or consent
26        decree applicable to the school district.

27        Section 99.  Effective date.  This Act  takes  effect  on
28    July 1, 2002.

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