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Public Act 094-0438 |
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AN ACT concerning schools.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing
Section | ||||
18-8.05 as follows:
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(105 ILCS 5/18-8.05)
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Sec. 18-8.05. Basis for apportionment of general State | ||||
financial aid and
supplemental general State aid to the common | ||||
schools for the 1998-1999 and
subsequent school years.
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(A) General Provisions.
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(1) The provisions of this Section apply to the 1998-1999 | ||||
and subsequent
school years. The system of general State | ||||
financial aid provided for in this
Section
is designed to | ||||
assure that, through a combination of State financial aid and
| ||||
required local resources, the financial support provided each | ||||
pupil in Average
Daily Attendance equals or exceeds a
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prescribed per pupil Foundation Level. This formula approach | ||||
imputes a level
of per pupil Available Local Resources and | ||||
provides for the basis to calculate
a per pupil level of | ||||
general State financial aid that, when added to Available
Local | ||||
Resources, equals or exceeds the Foundation Level. The
amount | ||||
of per pupil general State financial aid for school districts, | ||||
in
general, varies in inverse
relation to Available Local | ||||
Resources. Per pupil amounts are based upon
each school | ||||
district's Average Daily Attendance as that term is defined in | ||||
this
Section.
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(2) In addition to general State financial aid, school | ||||
districts with
specified levels or concentrations of pupils | ||||
from low income households are
eligible to receive supplemental | ||||
general State financial aid grants as provided
pursuant to | ||||
subsection (H).
The supplemental State aid grants provided for |
school districts under
subsection (H) shall be appropriated for | ||
distribution to school districts as
part of the same line item | ||
in which the general State financial aid of school
districts is | ||
appropriated under this Section.
| ||
(3) To receive financial assistance under this Section, | ||
school districts
are required to file claims with the State | ||
Board of Education, subject to the
following requirements:
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(a) Any school district which fails for any given | ||
school year to maintain
school as required by law, or to | ||
maintain a recognized school is not
eligible to file for | ||
such school year any claim upon the Common School
Fund. In | ||
case of nonrecognition of one or more attendance centers in | ||
a
school district otherwise operating recognized schools, | ||
the claim of the
district shall be reduced in the | ||
proportion which the Average Daily
Attendance in the | ||
attendance center or centers bear to the Average Daily
| ||
Attendance in the school district. A "recognized school" | ||
means any
public school which meets the standards as | ||
established for recognition
by the State Board of | ||
Education. A school district or attendance center
not | ||
having recognition status at the end of a school term is | ||
entitled to
receive State aid payments due upon a legal | ||
claim which was filed while
it was recognized.
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(b) School district claims filed under this Section are | ||
subject to
Sections 18-9, 18-10, and 18-12, except as | ||
otherwise provided in this
Section.
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(c) If a school district operates a full year school | ||
under Section
10-19.1, the general State aid to the school | ||
district shall be determined
by the State Board of | ||
Education in accordance with this Section as near as
may be | ||
applicable.
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(d) (Blank).
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(4) Except as provided in subsections (H) and (L), the | ||
board of any district
receiving any of the grants provided for | ||
in this Section may apply those funds
to any fund so received | ||
for which that board is authorized to make expenditures
by law.
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School districts are not required to exert a minimum | ||
Operating Tax Rate in
order to qualify for assistance under | ||
this Section.
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(5) As used in this Section the following terms, when | ||
capitalized, shall
have the meaning ascribed herein:
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(a) "Average Daily Attendance": A count of pupil | ||
attendance in school,
averaged as provided for in | ||
subsection (C) and utilized in deriving per pupil
financial | ||
support levels.
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(b) "Available Local Resources": A computation of | ||
local financial
support, calculated on the basis of Average | ||
Daily Attendance and derived as
provided pursuant to | ||
subsection (D).
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(c) "Corporate Personal Property Replacement Taxes": | ||
Funds paid to local
school districts pursuant to "An Act in | ||
relation to the abolition of ad valorem
personal property | ||
tax and the replacement of revenues lost thereby, and
| ||
amending and repealing certain Acts and parts of Acts in | ||
connection therewith",
certified August 14, 1979, as | ||
amended (Public Act 81-1st S.S.-1).
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(d) "Foundation Level": A prescribed level of per pupil | ||
financial support
as provided for in subsection (B).
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(e) "Operating Tax Rate": All school district property | ||
taxes extended for
all purposes, except Bond and
Interest, | ||
Summer School, Rent, Capital Improvement, and Vocational | ||
Education
Building purposes.
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(B) Foundation Level.
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(1) The Foundation Level is a figure established by the | ||
State representing
the minimum level of per pupil financial | ||
support that should be available to
provide for the basic | ||
education of each pupil in
Average Daily Attendance. As set | ||
forth in this Section, each school district
is assumed to exert
| ||
a sufficient local taxing effort such that, in combination with | ||
the aggregate
of general State
financial aid provided the | ||
district, an aggregate of State and local resources
are |
available to meet
the basic education needs of pupils in the | ||
district.
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(2) For the 1998-1999 school year, the Foundation Level of | ||
support is
$4,225. For the 1999-2000 school year, the | ||
Foundation Level of support is
$4,325. For the 2000-2001 school | ||
year, the Foundation Level of support is
$4,425. For the | ||
2001-2002 school year and 2002-2003 school year, the
Foundation | ||
Level of support is $4,560. For the 2003-2004 school year, the | ||
Foundation Level of support is $4,810.
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(3) For the 2004-2005 school year and each school year | ||
thereafter,
the Foundation Level of support is $4,964 $5,060 or | ||
such greater amount as
may be established by law by the General | ||
Assembly.
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(C) Average Daily Attendance.
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(1) For purposes of calculating general State aid pursuant | ||
to subsection
(E), an Average Daily Attendance figure shall be | ||
utilized. The Average Daily
Attendance figure for formula
| ||
calculation purposes shall be the monthly average of the actual | ||
number of
pupils in attendance of
each school district, as | ||
further averaged for the best 3 months of pupil
attendance for | ||
each
school district. In compiling the figures for the number | ||
of pupils in
attendance, school districts
and the State Board | ||
of Education shall, for purposes of general State aid
funding, | ||
conform
attendance figures to the requirements of subsection | ||
(F).
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(2) The Average Daily Attendance figures utilized in | ||
subsection (E) shall be
the requisite attendance data for the | ||
school year immediately preceding
the
school year for which | ||
general State aid is being calculated
or the average of the | ||
attendance data for the 3 preceding school
years, whichever is | ||
greater. The Average Daily Attendance figures
utilized in | ||
subsection (H) shall be the requisite attendance data for the
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school year immediately preceding the school year for which | ||
general
State aid is being calculated.
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(D) Available Local Resources.
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(1) For purposes of calculating general State aid pursuant | ||
to subsection
(E), a representation of Available Local | ||
Resources per pupil, as that term is
defined and determined in | ||
this subsection, shall be utilized. Available Local
Resources | ||
per pupil shall include a calculated
dollar amount representing | ||
local school district revenues from local property
taxes and | ||
from
Corporate Personal Property Replacement Taxes, expressed | ||
on the basis of pupils
in Average
Daily Attendance. Calculation | ||
of Available Local Resources shall exclude any tax amnesty | ||
funds received as a result of Public Act 93-26.
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(2) In determining a school district's revenue from local | ||
property taxes,
the State Board of Education shall utilize the | ||
equalized assessed valuation of
all taxable property of each | ||
school
district as of September 30 of the previous year. The | ||
equalized assessed
valuation utilized shall
be obtained and | ||
determined as provided in subsection (G).
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(3) For school districts maintaining grades kindergarten | ||
through 12, local
property tax
revenues per pupil shall be | ||
calculated as the product of the applicable
equalized assessed
| ||
valuation for the district multiplied by 3.00%, and divided by | ||
the district's
Average Daily
Attendance figure. For school | ||
districts maintaining grades kindergarten
through 8, local
| ||
property tax revenues per pupil shall be calculated as the | ||
product of the
applicable equalized
assessed valuation for the | ||
district multiplied by 2.30%, and divided by the
district's | ||
Average
Daily Attendance figure. For school districts | ||
maintaining grades 9 through 12,
local property
tax revenues | ||
per pupil shall be the applicable equalized assessed valuation | ||
of
the district
multiplied by 1.05%, and divided by the | ||
district's Average Daily
Attendance
figure.
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(4) The Corporate Personal Property Replacement Taxes paid | ||
to each school
district during the calendar year 2 years before | ||
the calendar year in which a
school year begins, divided by the | ||
Average Daily Attendance figure for that
district, shall be | ||
added to the local property tax revenues per pupil as
derived |
by the application of the immediately preceding paragraph (3). | ||
The sum
of these per pupil figures for each school district | ||
shall constitute Available
Local Resources as that term is | ||
utilized in subsection (E) in the calculation
of general State | ||
aid.
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(E) Computation of General State Aid.
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(1) For each school year, the amount of general State aid | ||
allotted to a
school district shall be computed by the State | ||
Board of Education as provided
in this subsection.
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(2) For any school district for which Available Local | ||
Resources per pupil
is less than the product of 0.93 times the | ||
Foundation Level, general State aid
for that district shall be | ||
calculated as an amount equal to the Foundation
Level minus | ||
Available Local Resources, multiplied by the Average Daily
| ||
Attendance of the school district.
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(3) For any school district for which Available Local | ||
Resources per pupil
is equal to or greater than the product of | ||
0.93 times the Foundation Level and
less than the product of | ||
1.75 times the Foundation Level, the general State aid
per | ||
pupil shall be a decimal proportion of the Foundation Level | ||
derived using a
linear algorithm. Under this linear algorithm, | ||
the calculated general State
aid per pupil shall decline in | ||
direct linear fashion from 0.07 times the
Foundation Level for | ||
a school district with Available Local Resources equal to
the | ||
product of 0.93 times the Foundation Level, to 0.05 times the | ||
Foundation
Level for a school district with Available Local | ||
Resources equal to the product
of 1.75 times the Foundation | ||
Level. The allocation of general
State aid for school districts | ||
subject to this paragraph 3 shall be the
calculated general | ||
State aid
per pupil figure multiplied by the Average Daily | ||
Attendance of the school
district.
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(4) For any school district for which Available Local | ||
Resources per pupil
equals or exceeds the product of 1.75 times | ||
the Foundation Level, the general
State aid for the school | ||
district shall be calculated as the product of $218
multiplied |
by the Average Daily Attendance of the school
district.
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(5) The amount of general State aid allocated to a school | ||
district for
the 1999-2000 school year meeting the requirements | ||
set forth in paragraph (4)
of subsection
(G) shall be increased | ||
by an amount equal to the general State aid that
would have | ||
been received by the district for the 1998-1999 school year by
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utilizing the Extension Limitation Equalized Assessed | ||
Valuation as calculated
in paragraph (4) of subsection (G) less | ||
the general State aid allotted for the
1998-1999
school year. | ||
This amount shall be deemed a one time increase, and shall not
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affect any future general State aid allocations.
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(F) Compilation of Average Daily Attendance.
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(1) Each school district shall, by July 1 of each year, | ||
submit to the State
Board of Education, on forms prescribed by | ||
the State Board of Education,
attendance figures for the school | ||
year that began in the preceding calendar
year. The attendance | ||
information so transmitted shall identify the average
daily | ||
attendance figures for each month of the school year. Beginning | ||
with
the general State aid claim form for the 2002-2003 school
| ||
year, districts shall calculate Average Daily Attendance as | ||
provided in
subdivisions (a), (b), and (c) of this paragraph | ||
(1).
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(a) In districts that do not hold year-round classes,
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days of attendance in August shall be added to the month of | ||
September and any
days of attendance in June shall be added | ||
to the month of May.
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(b) In districts in which all buildings hold year-round | ||
classes,
days of attendance in July and August shall be | ||
added to the month
of September and any days of attendance | ||
in June shall be added to
the month of May.
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(c) In districts in which some buildings, but not all, | ||
hold
year-round classes, for the non-year-round buildings, | ||
days of
attendance in August shall be added to the month of | ||
September
and any days of attendance in June shall be added | ||
to the month of
May. The average daily attendance for the |
year-round buildings
shall be computed as provided in | ||
subdivision (b) of this paragraph
(1). To calculate the | ||
Average Daily Attendance for the district, the
average | ||
daily attendance for the year-round buildings shall be
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multiplied by the days in session for the non-year-round | ||
buildings
for each month and added to the monthly | ||
attendance of the
non-year-round buildings.
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Except as otherwise provided in this Section, days of
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attendance by pupils shall be counted only for sessions of not | ||
less than
5 clock hours of school work per day under direct | ||
supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||
volunteer personnel when engaging
in non-teaching duties and | ||
supervising in those instances specified in
subsection (a) of | ||
Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||
of legal school age and in kindergarten and grades 1 through | ||
12.
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Days of attendance by tuition pupils shall be accredited | ||
only to the
districts that pay the tuition to a recognized | ||
school.
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(2) Days of attendance by pupils of less than 5 clock hours | ||
of school
shall be subject to the following provisions in the | ||
compilation of Average
Daily Attendance.
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(a) Pupils regularly enrolled in a public school for | ||
only a part of
the school day may be counted on the basis | ||
of 1/6 day for every class hour
of instruction of 40 | ||
minutes or more attended pursuant to such enrollment,
| ||
unless a pupil is
enrolled in a block-schedule format of 80 | ||
minutes or more of instruction,
in which case the pupil may | ||
be counted on the basis of the proportion of
minutes of | ||
school work completed each day to the minimum number of
| ||
minutes that school work is required to be held that day.
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(b) Days of attendance may be less than 5 clock hours | ||
on the opening
and closing of the school term, and upon the | ||
first day of pupil
attendance, if preceded by a day or days | ||
utilized as an institute or
teachers' workshop.
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(c) A session of 4 or more clock hours may be counted |
as a day of
attendance upon certification by the regional | ||
superintendent, and
approved by the State Superintendent | ||
of Education to the extent that the
district has been | ||
forced to use daily multiple sessions.
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(d) A session of 3 or more clock hours may be counted | ||
as a day of
attendance (1) when the remainder of the school | ||
day or at least
2 hours in the evening of that day is | ||
utilized for an
in-service training program for teachers, | ||
up to a maximum of 5 days per
school year of which a | ||
maximum of 4 days of such 5 days may be used for
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parent-teacher conferences, provided a district conducts | ||
an in-service
training program for teachers which has been | ||
approved by the State
Superintendent of Education; or, in | ||
lieu of 4 such days, 2 full days may
be used, in which | ||
event each such day
may be counted as a day of attendance; | ||
and (2) when days in
addition to
those provided in item (1) | ||
are scheduled by a school pursuant to its school
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improvement plan adopted under Article 34 or its revised or | ||
amended school
improvement plan adopted under Article 2, | ||
provided that (i) such sessions of
3 or more clock hours | ||
are scheduled to occur at regular intervals, (ii) the
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remainder of the school days in which such sessions occur | ||
are utilized
for in-service training programs or other | ||
staff development activities for
teachers, and (iii) a | ||
sufficient number of minutes of school work under the
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direct supervision of teachers are added to the school days | ||
between such
regularly scheduled sessions to accumulate | ||
not less than the number of minutes
by which such sessions | ||
of 3 or more clock hours fall short of 5 clock hours.
Any | ||
full days used for the purposes of this paragraph shall not | ||
be considered
for
computing average daily attendance. Days | ||
scheduled for in-service training
programs, staff | ||
development activities, or parent-teacher conferences may | ||
be
scheduled separately for different
grade levels and | ||
different attendance centers of the district.
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(e) A session of not less than one clock hour of |
teaching
hospitalized or homebound pupils on-site or by | ||
telephone to the classroom may
be counted as 1/2 day of | ||
attendance, however these pupils must receive 4 or
more | ||
clock hours of instruction to be counted for a full day of | ||
attendance.
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(f) A session of at least 4 clock hours may be counted | ||
as a day of
attendance for first grade pupils, and pupils | ||
in full day kindergartens,
and a session of 2 or more hours | ||
may be counted as 1/2 day of attendance by
pupils in | ||
kindergartens which provide only 1/2 day of attendance.
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(g) For children with disabilities who are below the | ||
age of 6 years and
who
cannot attend 2 or more clock hours | ||
because of their disability or
immaturity, a session of not | ||
less than one clock hour may be counted as 1/2 day
of | ||
attendance; however for such children whose educational | ||
needs so require
a session of 4 or more clock hours may be | ||
counted as a full day of attendance.
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(h) A recognized kindergarten which provides for only | ||
1/2 day of
attendance by each pupil shall not have more | ||
than 1/2 day of attendance
counted in any one day. However, | ||
kindergartens may count 2 1/2 days
of
attendance in any 5 | ||
consecutive school days. When a pupil attends such a
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kindergarten for 2 half days on any one school day, the | ||
pupil shall have
the following day as a day absent from | ||
school, unless the school district
obtains permission in | ||
writing from the State Superintendent of Education.
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Attendance at kindergartens which provide for a full day of | ||
attendance by
each pupil shall be counted the same as | ||
attendance by first grade pupils.
Only the first year of | ||
attendance in one kindergarten shall be counted,
except in | ||
case of children who entered the kindergarten in their | ||
fifth year
whose educational development requires a second | ||
year of kindergarten as
determined under the rules and | ||
regulations of the State Board of Education. | ||
(i) On the days when the Prairie State Achievement | ||
Examination is
administered under subsection (c) of |
Section 2-3.64 of this Code, the day
of attendance for a | ||
pupil whose school
day must be shortened to accommodate | ||
required testing procedures may
be less than 5 clock hours | ||
and shall be counted towards the 176 days of actual pupil | ||
attendance required under Section 10-19 of this Code, | ||
provided that a sufficient number of minutes
of school work | ||
in excess of 5 clock hours are first completed on other | ||
school
days to compensate for the loss of school work on | ||
the examination days.
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(G) Equalized Assessed Valuation Data.
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(1) For purposes of the calculation of Available Local | ||
Resources required
pursuant to subsection (D), the
State Board | ||
of Education shall secure from the Department of
Revenue the | ||
value as equalized or assessed by the Department of Revenue of
| ||
all taxable property of every school district, together with | ||
(i) the applicable
tax rate used in extending taxes for the | ||
funds of the district as of
September 30 of the previous year
| ||
and (ii) the limiting rate for all school
districts subject to | ||
property tax extension limitations as imposed under the
| ||
Property Tax Extension Limitation Law.
| ||
The Department of Revenue shall add to the equalized | ||
assessed value of all
taxable
property of each school district | ||
situated entirely or partially within a county
that is or was | ||
subject to the alternative general homestead exemption | ||
provisions of Section 15-176 of the Property Tax Code (a)
(i) | ||
an amount equal to the total amount by which the
homestead | ||
exemption allowed under Section 15-176 of the Property Tax Code | ||
for
real
property situated in that school district exceeds the | ||
total amount that would
have been
allowed in that school | ||
district if the maximum reduction under Section 15-176
was
(i) | ||
$4,500 in Cook County or $3,500 in all other counties in tax | ||
year 2003 or (ii) $5,000 in all counties in tax year 2004 and | ||
thereafter and (b)
(ii) an amount equal to the aggregate amount | ||
for the taxable year of all additional exemptions under Section | ||
15-175 of the Property Tax Code for owners with a household |
income of $30,000 or less. The county clerk of any county that | ||
is or was subject to the alternative general homestead | ||
exemption provisions of Section 15-176 of the Property Tax Code | ||
shall
annually calculate and certify to the Department of | ||
Revenue for each school
district all
homestead exemption | ||
amounts under Section 15-176 of the Property Tax Code and all | ||
amounts of additional exemptions under Section 15-175 of the | ||
Property Tax Code for owners with a household income of $30,000 | ||
or less. It is the intent of this paragraph that if the general | ||
homestead exemption for a parcel of property is determined | ||
under Section 15-176 of the Property Tax Code rather than | ||
Section 15-175, then the calculation of Available Local | ||
Resources shall not be affected by the difference, if any, | ||
between the amount of the general homestead exemption allowed | ||
for that parcel of property under Section 15-176 of the | ||
Property Tax Code and the amount that would have been allowed | ||
had the general homestead exemption for that parcel of property | ||
been determined under Section 15-175 of the Property Tax Code. | ||
It is further the intent of this paragraph that if additional | ||
exemptions are allowed under Section 15-175 of the Property Tax | ||
Code for owners with a household income of less than $30,000, | ||
then the calculation of Available Local Resources shall not be | ||
affected by the difference, if any, because of those additional | ||
exemptions.
| ||
This equalized assessed valuation, as adjusted further by | ||
the requirements of
this subsection, shall be utilized in the | ||
calculation of Available Local
Resources.
| ||
(2) The equalized assessed valuation in paragraph (1) shall | ||
be adjusted, as
applicable, in the following manner:
| ||
(a) For the purposes of calculating State aid under | ||
this Section,
with respect to any part of a school district | ||
within a redevelopment
project area in respect to which a | ||
municipality has adopted tax
increment allocation | ||
financing pursuant to the Tax Increment Allocation
| ||
Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||
of the Illinois
Municipal Code or the Industrial Jobs |
Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||
Illinois Municipal Code, no part of the current equalized
| ||
assessed valuation of real property located in any such | ||
project area which is
attributable to an increase above the | ||
total initial equalized assessed
valuation of such | ||
property shall be used as part of the equalized assessed
| ||
valuation of the district, until such time as all
| ||
redevelopment project costs have been paid, as provided in | ||
Section 11-74.4-8
of the Tax Increment Allocation | ||
Redevelopment Act or in Section 11-74.6-35 of
the | ||
Industrial Jobs Recovery Law. For the purpose of
the | ||
equalized assessed valuation of the
district, the total | ||
initial equalized assessed valuation or the current
| ||
equalized assessed valuation, whichever is lower, shall be | ||
used until
such time as all redevelopment project costs | ||
have been paid.
| ||
(b) The real property equalized assessed valuation for | ||
a school district
shall be adjusted by subtracting from the | ||
real property
value as equalized or assessed by the | ||
Department of Revenue for the
district an amount computed | ||
by dividing the amount of any abatement of
taxes under | ||
Section 18-170 of the Property Tax Code by 3.00% for a | ||
district
maintaining grades kindergarten through 12, by | ||
2.30% for a district
maintaining grades kindergarten | ||
through 8, or by 1.05% for a
district
maintaining grades 9 | ||
through 12 and adjusted by an amount computed by dividing
| ||
the amount of any abatement of taxes under subsection (a) | ||
of Section 18-165 of
the Property Tax Code by the same | ||
percentage rates for district type as
specified in this | ||
subparagraph (b).
| ||
(3) For the 1999-2000 school year and each school year | ||
thereafter, if a
school district meets all of the criteria of | ||
this subsection (G)(3), the school
district's Available Local | ||
Resources shall be calculated under subsection (D)
using the | ||
district's Extension Limitation Equalized Assessed Valuation | ||
as
calculated under this
subsection (G)(3).
|
For purposes of this subsection (G)(3) the following terms | ||
shall have
the following meanings:
| ||
"Budget Year": The school year for which general State | ||
aid is calculated
and
awarded under subsection (E).
| ||
"Base Tax Year": The property tax levy year used to | ||
calculate the Budget
Year
allocation of general State aid.
| ||
"Preceding Tax Year": The property tax levy year | ||
immediately preceding the
Base Tax Year.
| ||
"Base Tax Year's Tax Extension": The product of the | ||
equalized assessed
valuation utilized by the County Clerk | ||
in the Base Tax Year multiplied by the
limiting rate as | ||
calculated by the County Clerk and defined in the Property | ||
Tax
Extension Limitation Law.
| ||
"Preceding Tax Year's Tax Extension": The product of | ||
the equalized assessed
valuation utilized by the County | ||
Clerk in the Preceding Tax Year multiplied by
the Operating | ||
Tax Rate as defined in subsection (A).
| ||
"Extension Limitation Ratio": A numerical ratio, | ||
certified by the
County Clerk, in which the numerator is | ||
the Base Tax Year's Tax
Extension and the denominator is | ||
the Preceding Tax Year's Tax Extension.
| ||
"Operating Tax Rate": The operating tax rate as defined | ||
in subsection (A).
| ||
If a school district is subject to property tax extension | ||
limitations as
imposed under
the Property Tax Extension | ||
Limitation Law, the State Board of Education shall
calculate | ||
the Extension
Limitation
Equalized Assessed Valuation of that | ||
district. For the 1999-2000 school
year, the
Extension | ||
Limitation Equalized Assessed Valuation of a school district as
| ||
calculated by the State Board of Education shall be equal to | ||
the product of the
district's 1996 Equalized Assessed Valuation | ||
and the district's Extension
Limitation Ratio. For the | ||
2000-2001 school year and each school year
thereafter,
the | ||
Extension Limitation Equalized Assessed Valuation of a school | ||
district as
calculated by the State Board of Education shall be | ||
equal to the product of
the Equalized Assessed Valuation last |
used in the calculation of general State
aid and the
district's | ||
Extension Limitation Ratio. If the Extension Limitation
| ||
Equalized
Assessed Valuation of a school district as calculated | ||
under
this subsection (G)(3) is less than the district's | ||
equalized assessed valuation
as calculated pursuant to | ||
subsections (G)(1) and (G)(2), then for purposes of
calculating | ||
the district's general State aid for the Budget Year pursuant | ||
to
subsection (E), that Extension
Limitation Equalized | ||
Assessed Valuation shall be utilized to calculate the
| ||
district's Available Local Resources
under subsection (D).
| ||
(4) For the purposes of calculating general State aid for | ||
the 1999-2000
school year only, if a school district | ||
experienced a triennial reassessment on
the equalized assessed | ||
valuation used in calculating its general State
financial aid | ||
apportionment for the 1998-1999 school year, the State Board of
| ||
Education shall calculate the Extension Limitation Equalized | ||
Assessed Valuation
that would have been used to calculate the | ||
district's 1998-1999 general State
aid. This amount shall equal | ||
the product of the equalized assessed valuation
used to
| ||
calculate general State aid for the 1997-1998 school year and | ||
the district's
Extension Limitation Ratio. If the Extension | ||
Limitation Equalized Assessed
Valuation of the school district | ||
as calculated under this paragraph (4) is
less than the | ||
district's equalized assessed valuation utilized in | ||
calculating
the
district's 1998-1999 general State aid | ||
allocation, then for purposes of
calculating the district's | ||
general State aid pursuant to paragraph (5) of
subsection (E),
| ||
that Extension Limitation Equalized Assessed Valuation shall | ||
be utilized to
calculate the district's Available Local | ||
Resources.
| ||
(5) For school districts having a majority of their | ||
equalized assessed
valuation in any county except Cook, DuPage, | ||
Kane, Lake, McHenry, or Will, if
the amount of general State | ||
aid allocated to the school district for the
1999-2000 school | ||
year under the provisions of subsection (E), (H), and (J) of
| ||
this Section is less than the amount of general State aid |
allocated to the
district for the 1998-1999 school year under | ||
these subsections, then the
general
State aid of the district | ||
for the 1999-2000 school year only shall be increased
by the | ||
difference between these amounts. The total payments made under | ||
this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||
be prorated if they
exceed $14,000,000.
| ||
(H) Supplemental General State Aid.
| ||
(1) In addition to the general State aid a school district | ||
is allotted
pursuant to subsection (E), qualifying school | ||
districts shall receive a grant,
paid in conjunction with a | ||
district's payments of general State aid, for
supplemental | ||
general State aid based upon the concentration level of | ||
children
from low-income households within the school | ||
district.
Supplemental State aid grants provided for school | ||
districts under this
subsection shall be appropriated for | ||
distribution to school districts as part
of the same line item | ||
in which the general State financial aid of school
districts is | ||
appropriated under this Section.
If the appropriation in any | ||
fiscal year for general State aid and
supplemental general | ||
State aid is insufficient to pay the amounts required
under the | ||
general State aid and supplemental general State aid | ||
calculations,
then the
State Board of Education shall ensure | ||
that
each school district receives the full amount due for | ||
general State aid
and the remainder of the appropriation shall | ||
be used
for supplemental general State aid, which the State | ||
Board of Education shall
calculate and pay to eligible | ||
districts on a prorated basis.
| ||
(1.5) This paragraph (1.5) applies only to those school | ||
years
preceding the 2003-2004 school year.
For purposes of this
| ||
subsection (H), the term "Low-Income Concentration Level" | ||
shall be the
low-income
eligible pupil count from the most | ||
recently available federal census divided by
the Average Daily | ||
Attendance of the school district.
If, however, (i) the | ||
percentage decrease from the 2 most recent federal
censuses
in | ||
the low-income eligible pupil count of a high school district |
with fewer
than 400 students exceeds by 75% or more the | ||
percentage change in the total
low-income eligible pupil count | ||
of contiguous elementary school districts,
whose boundaries | ||
are coterminous with the high school district,
or (ii) a high | ||
school district within 2 counties and serving 5 elementary
| ||
school
districts, whose boundaries are coterminous with the | ||
high school
district, has a percentage decrease from the 2 most | ||
recent federal
censuses in the low-income eligible pupil count | ||
and there is a percentage
increase in the total low-income | ||
eligible pupil count of a majority of the
elementary school | ||
districts in excess of 50% from the 2 most recent
federal | ||
censuses, then
the
high school district's low-income eligible | ||
pupil count from the earlier federal
census
shall be the number | ||
used as the low-income eligible pupil count for the high
school | ||
district, for purposes of this subsection (H).
The changes made | ||
to this paragraph (1) by Public Act 92-28 shall apply to
| ||
supplemental general State aid
grants for school years | ||
preceding the 2003-2004 school year that are paid
in fiscal | ||
year 1999 or thereafter
and to
any State aid payments made in | ||
fiscal year 1994 through fiscal year
1998 pursuant to | ||
subsection 1(n) of Section 18-8 of this Code (which was
| ||
repealed on July 1, 1998), and any high school district that is | ||
affected by
Public Act 92-28 is
entitled to a
recomputation of | ||
its supplemental general State aid grant or State aid
paid in | ||
any of those fiscal years. This recomputation shall not be
| ||
affected by any other funding.
| ||
(1.10) This paragraph (1.10) applies to the 2003-2004 | ||
school year
and each school year thereafter. For purposes of | ||
this subsection (H), the
term "Low-Income Concentration Level" | ||
shall, for each fiscal year, be the
low-income eligible
pupil | ||
count
as of July 1 of the immediately preceding fiscal year
(as | ||
determined by the Department of Human Services based
on the | ||
number of pupils
who are eligible for at least one of the | ||
following
low income programs: Medicaid, KidCare, TANF, or Food | ||
Stamps,
excluding pupils who are eligible for services provided | ||
by the Department
of Children and Family Services,
averaged |
over
the 2 immediately preceding fiscal years for fiscal year | ||
2004 and over the 3
immediately preceding fiscal years for each | ||
fiscal year thereafter)
divided by the Average Daily Attendance | ||
of the school district.
| ||
(2) Supplemental general State aid pursuant to this | ||
subsection (H) shall
be
provided as follows for the 1998-1999, | ||
1999-2000, and 2000-2001 school years
only:
| ||
(a) For any school district with a Low Income | ||
Concentration Level of at
least 20% and less than 35%, the | ||
grant for any school year
shall be $800
multiplied by the | ||
low income eligible pupil count.
| ||
(b) For any school district with a Low Income | ||
Concentration Level of at
least 35% and less than 50%, the | ||
grant for the 1998-1999 school year shall be
$1,100 | ||
multiplied by the low income eligible pupil count.
| ||
(c) For any school district with a Low Income | ||
Concentration Level of at
least 50% and less than 60%, the | ||
grant for the 1998-99 school year shall be
$1,500 | ||
multiplied by the low income eligible pupil count.
| ||
(d) For any school district with a Low Income | ||
Concentration Level of 60%
or more, the grant for the | ||
1998-99 school year shall be $1,900 multiplied by
the low | ||
income eligible pupil count.
| ||
(e) For the 1999-2000 school year, the per pupil amount | ||
specified in
subparagraphs (b), (c), and (d) immediately | ||
above shall be increased to $1,243,
$1,600, and $2,000, | ||
respectively.
| ||
(f) For the 2000-2001 school year, the per pupil | ||
amounts specified in
subparagraphs (b), (c), and (d) | ||
immediately above shall be
$1,273, $1,640, and $2,050, | ||
respectively.
| ||
(2.5) Supplemental general State aid pursuant to this | ||
subsection (H)
shall be provided as follows for the 2002-2003 | ||
school year:
| ||
(a) For any school district with a Low Income | ||
Concentration Level of less
than 10%, the grant for each |
school year shall be $355 multiplied by the low
income | ||
eligible pupil count.
| ||
(b) For any school district with a Low Income | ||
Concentration
Level of at least 10% and less than 20%, the | ||
grant for each school year shall
be $675
multiplied by the | ||
low income eligible pupil
count.
| ||
(c) For any school district with a Low Income | ||
Concentration
Level of at least 20% and less than 35%, the | ||
grant for each school year shall
be $1,330
multiplied by | ||
the low income eligible pupil
count.
| ||
(d) For any school district with a Low Income | ||
Concentration
Level of at least 35% and less than 50%, the | ||
grant for each school year shall
be $1,362
multiplied by | ||
the low income eligible pupil
count.
| ||
(e) For any school district with a Low Income | ||
Concentration
Level of at least 50% and less than 60%, the | ||
grant for each school year shall
be $1,680
multiplied by | ||
the low income eligible pupil
count.
| ||
(f) For any school district with a Low Income | ||
Concentration
Level of 60% or more, the grant for each | ||
school year shall be $2,080
multiplied by the low income | ||
eligible pupil count.
| ||
(2.10) Except as otherwise provided, supplemental general | ||
State aid
pursuant to this subsection
(H) shall be provided as | ||
follows for the 2003-2004 school year and each
school year | ||
thereafter:
| ||
(a) For any school district with a Low Income | ||
Concentration
Level of 15% or less, the grant for each | ||
school year
shall be $355 multiplied by the low income | ||
eligible pupil count.
| ||
(b) For any school district with a Low Income | ||
Concentration
Level greater than 15%, the grant for each | ||
school year shall be
$294.25 added to the product of $2,700 | ||
and the square of the Low
Income Concentration Level, all | ||
multiplied by the low income
eligible pupil count.
| ||
For the 2003-2004 and 2004-2005 school year only, the grant |
shall be no less than the
grant
for
the 2002-2003 school year. | ||
For the 2005-2006 school year only, the grant shall
be no
less | ||
than the grant for the 2002-2003 school year multiplied by | ||
0.66. For the
2006-2007
school year only, the grant shall be no | ||
less than the grant for the 2002-2003
school year
multiplied by | ||
0.33.
| ||
For the 2003-2004 school year only, the grant shall be no | ||
greater
than the grant received during the 2002-2003 school | ||
year added to the
product of 0.25 multiplied by the difference | ||
between the grant amount
calculated under subsection (a) or (b) | ||
of this paragraph (2.10), whichever
is applicable, and the | ||
grant received during the 2002-2003 school year.
For the | ||
2004-2005 school year only, the grant shall be no greater than
| ||
the grant received during the 2002-2003 school year added to | ||
the
product of 0.50 multiplied by the difference between the | ||
grant amount
calculated under subsection (a) or (b) of this | ||
paragraph (2.10), whichever
is applicable, and the grant | ||
received during the 2002-2003 school year.
For the 2005-2006 | ||
school year only, the grant shall be no greater than
the grant | ||
received during the 2002-2003 school year added to the
product | ||
of 0.75 multiplied by the difference between the grant amount
| ||
calculated under subsection (a) or (b) of this paragraph | ||
(2.10), whichever
is applicable, and the grant received during | ||
the 2002-2003
school year.
| ||
(3) School districts with an Average Daily Attendance of | ||
more than 1,000
and less than 50,000 that qualify for | ||
supplemental general State aid pursuant
to this subsection | ||
shall submit a plan to the State Board of Education prior to
| ||
October 30 of each year for the use of the funds resulting from | ||
this grant of
supplemental general State aid for the | ||
improvement of
instruction in which priority is given to | ||
meeting the education needs of
disadvantaged children. Such | ||
plan shall be submitted in accordance with
rules and | ||
regulations promulgated by the State Board of Education.
| ||
(4) School districts with an Average Daily Attendance of | ||
50,000 or more
that qualify for supplemental general State aid |
pursuant to this subsection
shall be required to distribute | ||
from funds available pursuant to this Section,
no less than | ||
$261,000,000 in accordance with the following requirements:
| ||
(a) The required amounts shall be distributed to the | ||
attendance centers
within the district in proportion to the | ||
number of pupils enrolled at each
attendance center who are | ||
eligible to receive free or reduced-price lunches or
| ||
breakfasts under the federal Child Nutrition Act of 1966 | ||
and under the National
School Lunch Act during the | ||
immediately preceding school year.
| ||
(b) The distribution of these portions of supplemental | ||
and general State
aid among attendance centers according to | ||
these requirements shall not be
compensated for or | ||
contravened by adjustments of the total of other funds
| ||
appropriated to any attendance centers, and the Board of | ||
Education shall
utilize funding from one or several sources | ||
in order to fully implement this
provision annually prior | ||
to the opening of school.
| ||
(c) Each attendance center shall be provided by the
| ||
school district a distribution of noncategorical funds and | ||
other
categorical funds to which an attendance center is | ||
entitled under law in
order that the general State aid and | ||
supplemental general State aid provided
by application of | ||
this subsection supplements rather than supplants the
| ||
noncategorical funds and other categorical funds provided | ||
by the school
district to the attendance centers.
| ||
(d) Any funds made available under this subsection that | ||
by reason of the
provisions of this subsection are not
| ||
required to be allocated and provided to attendance centers | ||
may be used and
appropriated by the board of the district | ||
for any lawful school purpose.
| ||
(e) Funds received by an attendance center
pursuant to | ||
this
subsection shall be used
by the attendance center at | ||
the discretion
of the principal and local school council | ||
for programs to improve educational
opportunities at | ||
qualifying schools through the following programs and
|
services: early childhood education, reduced class size or | ||
improved adult to
student classroom ratio, enrichment | ||
programs, remedial assistance, attendance
improvement, and | ||
other educationally beneficial expenditures which
| ||
supplement
the regular and basic programs as determined by | ||
the State Board of Education.
Funds provided shall not be | ||
expended for any political or lobbying purposes
as defined | ||
by board rule.
| ||
(f) Each district subject to the provisions of this | ||
subdivision (H)(4)
shall submit an
acceptable plan to meet | ||
the educational needs of disadvantaged children, in
| ||
compliance with the requirements of this paragraph, to the | ||
State Board of
Education prior to July 15 of each year. | ||
This plan shall be consistent with the
decisions of local | ||
school councils concerning the school expenditure plans
| ||
developed in accordance with part 4 of Section 34-2.3. The | ||
State Board shall
approve or reject the plan within 60 days | ||
after its submission. If the plan is
rejected, the district | ||
shall give written notice of intent to modify the plan
| ||
within 15 days of the notification of rejection and then | ||
submit a modified plan
within 30 days after the date of the | ||
written notice of intent to modify.
Districts may amend | ||
approved plans pursuant to rules promulgated by the State
| ||
Board of Education.
| ||
Upon notification by the State Board of Education that | ||
the district has
not submitted a plan prior to July 15 or a | ||
modified plan within the time
period specified herein, the
| ||
State aid funds affected by that plan or modified plan | ||
shall be withheld by the
State Board of Education until a | ||
plan or modified plan is submitted.
| ||
If the district fails to distribute State aid to | ||
attendance centers in
accordance with an approved plan, the | ||
plan for the following year shall
allocate funds, in | ||
addition to the funds otherwise required by this
| ||
subsection, to those attendance centers which were | ||
underfunded during the
previous year in amounts equal to |
such underfunding.
| ||
For purposes of determining compliance with this | ||
subsection in relation
to the requirements of attendance | ||
center funding, each district subject to the
provisions of | ||
this
subsection shall submit as a separate document by | ||
December 1 of each year a
report of expenditure data for | ||
the prior year in addition to any
modification of its | ||
current plan. If it is determined that there has been
a | ||
failure to comply with the expenditure provisions of this | ||
subsection
regarding contravention or supplanting, the | ||
State Superintendent of
Education shall, within 60 days of | ||
receipt of the report, notify the
district and any affected | ||
local school council. The district shall within
45 days of | ||
receipt of that notification inform the State | ||
Superintendent of
Education of the remedial or corrective | ||
action to be taken, whether by
amendment of the current | ||
plan, if feasible, or by adjustment in the plan
for the | ||
following year. Failure to provide the expenditure report | ||
or the
notification of remedial or corrective action in a | ||
timely manner shall
result in a withholding of the affected | ||
funds.
| ||
The State Board of Education shall promulgate rules and | ||
regulations
to implement the provisions of this | ||
subsection. No funds shall be released
under this | ||
subdivision (H)(4) to any district that has not submitted a | ||
plan
that has been approved by the State Board of | ||
Education.
| ||
(I) General State Aid for Newly Configured School Districts.
| ||
(1) For a new school district formed by combining property | ||
included
totally within 2 or more previously existing school | ||
districts, for its
first year of existence the general State | ||
aid and supplemental general State
aid calculated under this | ||
Section
shall be computed for the new district and for the | ||
previously existing
districts for which property is totally | ||
included
within the new district. If the computation on the |
basis of the previously
existing districts is greater, a | ||
supplementary payment equal to the difference
shall be made for | ||
the first 4 years of existence of the new district.
| ||
(2) For a school district which annexes all of the | ||
territory of one or more
entire other school districts, for the | ||
first year during which the change
of boundaries attributable | ||
to such annexation becomes effective for all
purposes as | ||
determined under Section 7-9 or 7A-8, the general State aid and
| ||
supplemental general State aid calculated
under this Section | ||
shall be computed for the annexing district as constituted
| ||
after the annexation and for the annexing and each annexed | ||
district as
constituted prior to the annexation; and if the | ||
computation on the basis of
the annexing and annexed districts | ||
as constituted prior to the annexation is
greater, a | ||
supplementary payment equal to the difference shall be made for
| ||
the first 4 years of existence of the annexing school district | ||
as
constituted upon such annexation.
| ||
(3) For 2 or more school districts which annex all of the | ||
territory of
one or more entire other school districts, and for | ||
2 or more community unit
districts which result upon the | ||
division (pursuant to petition under
Section 11A-2) of one or | ||
more other unit school districts into 2 or more
parts and which | ||
together include all of the parts into which such other
unit | ||
school district or districts are so divided, for the first year
| ||
during which the change of boundaries attributable to such | ||
annexation or
division becomes effective for all purposes as | ||
determined under Section 7-9
or 11A-10, as the case may be, the | ||
general State aid and supplemental general
State aid calculated | ||
under this Section
shall be computed for each annexing or | ||
resulting district as constituted
after the annexation or | ||
division and for each annexing and annexed
district, or for | ||
each resulting and divided district, as constituted prior
to | ||
the annexation or division; and if the aggregate of the general | ||
State aid
and supplemental general State aid as so
computed for | ||
the annexing or resulting districts as constituted after the
| ||
annexation or division is less than the aggregate of the |
general State aid and
supplemental general State aid as so | ||
computed for the annexing and annexed
districts, or for the | ||
resulting and divided districts, as constituted prior to
the | ||
annexation or division, then
a supplementary payment equal to | ||
the difference shall be made and allocated
between or among the | ||
annexing or resulting districts, as constituted upon
such | ||
annexation or division, for the first 4 years of their | ||
existence. The
total difference payment shall be allocated | ||
between or among the annexing
or resulting districts in the | ||
same ratio as the pupil enrollment from that
portion of the | ||
annexed or divided district or districts which is annexed to
or | ||
included in each such annexing or resulting district bears to | ||
the total
pupil enrollment from the entire annexed or divided | ||
district or districts,
as such pupil enrollment is determined | ||
for the school year last ending
prior to the date when the | ||
change of boundaries attributable to the
annexation or division | ||
becomes effective for all purposes. The amount of
the total | ||
difference payment and the amount thereof to be allocated to | ||
the
annexing or resulting districts shall be computed by the | ||
State Board of
Education on the basis of pupil enrollment and | ||
other data which shall be
certified to the State Board of | ||
Education, on forms which it shall provide
for that purpose, by | ||
the regional superintendent of schools for each
educational | ||
service region in which the annexing and annexed districts, or
| ||
resulting and divided districts are located.
| ||
(3.5) Claims for financial assistance under this | ||
subsection (I) shall
not be recomputed except as expressly | ||
provided under this Section.
| ||
(4) Any
supplementary payment made under this subsection | ||
(I)
shall be treated as separate from all other payments made | ||
pursuant to
this Section.
| ||
(J) Supplementary Grants in Aid.
| ||
(1) Notwithstanding any other provisions of this Section, | ||
the amount of the
aggregate general State aid in combination | ||
with supplemental general State aid
under this Section for |
which
each school district is eligible shall be no
less than | ||
the amount of the aggregate general State aid entitlement that | ||
was
received by the district under Section
18-8 (exclusive of | ||
amounts received
under subsections 5(p) and 5(p-5) of that | ||
Section)
for the 1997-98 school year,
pursuant to the | ||
provisions of that Section as it was then in effect.
If a | ||
school district qualifies to receive a supplementary payment | ||
made under
this subsection (J), the amount
of the aggregate | ||
general State aid in combination with supplemental general
| ||
State aid under this Section
which that district is eligible to | ||
receive for each school year shall be no less than the amount | ||
of the aggregate
general State aid entitlement that was | ||
received by the district under
Section 18-8 (exclusive of | ||
amounts received
under subsections 5(p) and 5(p-5) of that | ||
Section)
for the 1997-1998 school year, pursuant to the | ||
provisions of that
Section as it was then in effect.
| ||
(2) If, as provided in paragraph (1) of this subsection | ||
(J), a school
district is to receive aggregate general State | ||
aid in
combination with supplemental general State aid under | ||
this Section for the 1998-99 school year and any subsequent | ||
school
year that in any such school year is less than the | ||
amount of the aggregate
general
State
aid entitlement that the | ||
district received for the 1997-98 school year, the
school | ||
district shall also receive, from a separate appropriation made | ||
for
purposes of this subsection (J), a supplementary payment | ||
that is equal to the
amount of the difference in the aggregate | ||
State aid figures as described in
paragraph (1).
| ||
(3) (Blank).
| ||
(K) Grants to Laboratory and Alternative Schools.
| ||
In calculating the amount to be paid to the governing board | ||
of a public
university that operates a laboratory school under | ||
this Section or to any
alternative school that is operated by a | ||
regional superintendent of schools,
the State
Board of | ||
Education shall require by rule such reporting requirements as | ||
it
deems necessary.
|
As used in this Section, "laboratory school" means a public | ||
school which is
created and operated by a public university and | ||
approved by the State Board of
Education. The governing board | ||
of a public university which receives funds
from the State | ||
Board under this subsection (K) may not increase the number of
| ||
students enrolled in its laboratory
school from a single | ||
district, if that district is already sending 50 or more
| ||
students, except under a mutual agreement between the school | ||
board of a
student's district of residence and the university | ||
which operates the
laboratory school. A laboratory school may | ||
not have more than 1,000 students,
excluding students with | ||
disabilities in a special education program.
| ||
As used in this Section, "alternative school" means a | ||
public school which is
created and operated by a Regional | ||
Superintendent of Schools and approved by
the State Board of | ||
Education. Such alternative schools may offer courses of
| ||
instruction for which credit is given in regular school | ||
programs, courses to
prepare students for the high school | ||
equivalency testing program or vocational
and occupational | ||
training. A regional superintendent of schools may contract
| ||
with a school district or a public community college district | ||
to operate an
alternative school. An alternative school serving | ||
more than one educational
service region may be established by | ||
the regional superintendents of schools
of the affected | ||
educational service regions. An alternative school
serving | ||
more than one educational service region may be operated under | ||
such
terms as the regional superintendents of schools of those | ||
educational service
regions may agree.
| ||
Each laboratory and alternative school shall file, on forms | ||
provided by the
State Superintendent of Education, an annual | ||
State aid claim which states the
Average Daily Attendance of | ||
the school's students by month. The best 3 months'
Average | ||
Daily Attendance shall be computed for each school.
The general | ||
State aid entitlement shall be computed by multiplying the
| ||
applicable Average Daily Attendance by the Foundation Level as | ||
determined under
this Section.
|
(L) Payments, Additional Grants in Aid and Other Requirements.
| ||
(1) For a school district operating under the financial | ||
supervision
of an Authority created under Article 34A, the | ||
general State aid otherwise
payable to that district under this | ||
Section, but not the supplemental general
State aid, shall be | ||
reduced by an amount equal to the budget for
the operations of | ||
the Authority as certified by the Authority to the State
Board | ||
of Education, and an amount equal to such reduction shall be | ||
paid
to the Authority created for such district for its | ||
operating expenses in
the manner provided in Section 18-11. The | ||
remainder
of general State school aid for any such district | ||
shall be paid in accordance
with Article 34A when that Article | ||
provides for a disposition other than that
provided by this | ||
Article.
| ||
(2) (Blank).
| ||
(3) Summer school. Summer school payments shall be made as | ||
provided in
Section 18-4.3.
| ||
(M) Education Funding Advisory Board.
| ||
The Education Funding Advisory
Board, hereinafter in this | ||
subsection (M) referred to as the "Board", is hereby
created. | ||
The Board
shall consist of 5 members who are appointed by the | ||
Governor, by and with the
advice and consent of the Senate. The | ||
members appointed shall include
representatives of education, | ||
business, and the general public. One of the
members so | ||
appointed shall be
designated by the Governor at the time the | ||
appointment is made as the
chairperson of the
Board.
The | ||
initial members of the Board may
be appointed any time after | ||
the effective date of this amendatory Act of
1997. The regular | ||
term of each member of the
Board shall be for 4 years from the | ||
third Monday of January of the
year in which the term of the | ||
member's appointment is to commence, except that
of the 5 | ||
initial members appointed to serve on the
Board, the member who | ||
is appointed as the chairperson shall serve for
a term that | ||
commences on the date of his or her appointment and expires on |
the
third Monday of January, 2002, and the remaining 4 members, | ||
by lots drawn at
the first meeting of the Board that is
held
| ||
after all 5 members are appointed, shall determine 2 of their | ||
number to serve
for terms that commence on the date of their
| ||
respective appointments and expire on the third
Monday of | ||
January, 2001,
and 2 of their number to serve for terms that | ||
commence
on the date of their respective appointments and | ||
expire on the third Monday
of January, 2000. All members | ||
appointed to serve on the
Board shall serve until their | ||
respective successors are
appointed and confirmed. Vacancies | ||
shall be filled in the same manner as
original appointments. If | ||
a vacancy in membership occurs at a time when the
Senate is not | ||
in session, the Governor shall make a temporary appointment | ||
until
the next meeting of the Senate, when he or she shall | ||
appoint, by and with the
advice and consent of the Senate, a | ||
person to fill that membership for the
unexpired term. If the | ||
Senate is not in session when the initial appointments
are | ||
made, those appointments shall
be made as in the case of | ||
vacancies.
| ||
The Education Funding Advisory Board shall be deemed | ||
established,
and the initial
members appointed by the Governor | ||
to serve as members of the
Board shall take office,
on the date | ||
that the
Governor makes his or her appointment of the fifth | ||
initial member of the
Board, whether those initial members are | ||
then serving
pursuant to appointment and confirmation or | ||
pursuant to temporary appointments
that are made by the | ||
Governor as in the case of vacancies.
| ||
The State Board of Education shall provide such staff | ||
assistance to the
Education Funding Advisory Board as is | ||
reasonably required for the proper
performance by the Board of | ||
its responsibilities.
| ||
For school years after the 2000-2001 school year, the | ||
Education
Funding Advisory Board, in consultation with the | ||
State Board of Education,
shall make recommendations as | ||
provided in this subsection (M) to the General
Assembly for the | ||
foundation level under subdivision (B)(3) of this Section and
|
for the
supplemental general State aid grant level under | ||
subsection (H) of this Section
for districts with high | ||
concentrations of children from poverty. The
recommended | ||
foundation level shall be determined based on a methodology | ||
which
incorporates the basic education expenditures of | ||
low-spending schools
exhibiting high academic performance. The | ||
Education Funding Advisory Board
shall make such | ||
recommendations to the General Assembly on January 1 of odd
| ||
numbered years, beginning January 1, 2001.
| ||
(N) (Blank).
| ||
(O) References.
| ||
(1) References in other laws to the various subdivisions of
| ||
Section 18-8 as that Section existed before its repeal and | ||
replacement by this
Section 18-8.05 shall be deemed to refer to | ||
the corresponding provisions of
this Section 18-8.05, to the | ||
extent that those references remain applicable.
| ||
(2) References in other laws to State Chapter 1 funds shall | ||
be deemed to
refer to the supplemental general State aid | ||
provided under subsection (H) of
this Section.
| ||
(P) Public Act 93-838
This amendatory Act of the 93rd General | ||
Assembly and Public Act 93-808
House Bill 4266 of the 93rd | ||
General Assembly make inconsistent changes to this Section. If | ||
House Bill 4266 becomes law, then Under Section 6 of the | ||
Statute on Statutes there is an irreconcilable conflict between | ||
Public Act 93-808 and Public Act 93-838
House Bill 4266 and | ||
this amendatory Act . Public Act 93-838
This amendatory Act , | ||
being the last acted upon, is controlling. The text of Public | ||
Act 93-838
this amendatory Act is the law regardless of the | ||
text of Public Act 93-808
House Bill 4266 . | ||
(Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29, | ||
eff. 7-1-01; 92-269, eff. 8-7-01; 92-604, eff. 7-1-02; 92-636, | ||
eff. 7-11-02; 92-651, eff. 7-11-02; 93-21, eff. 7-1-03; 93-715, | ||
eff. 7-12-04; 93-808, eff. 7-26-04; 93-838, eff. 7-30-04; |
93-875, eff. 8-6-04; revised 10-21-04.)
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2005. |