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Public Act 91-0096
SB291 Enrolled LRB9100133NTsb
AN ACT relating to education, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 8a as follows:
(30 ILCS 105/8a) (from Ch. 127, par. 144a)
Sec. 8a. Common School Fund; transfers to Common School
Fund and Education Assistance Fund.
(a) Except as provided in subsection (b) of this Section
and except as otherwise provided in this subsection (a) with
respect to amounts transferred from the General Revenue Fund
to the Common School Fund for distribution therefrom for the
benefit of the Teachers' Retirement System of the State of
Illinois and the Public School Teachers' Pension and
Retirement Fund of Chicago:
(1) With respect to all school districts, for each
fiscal year other than fiscal year 1994, on or before the
eleventh and twenty-first days of each of the months of
August through the following July, at a time or times
designated by the Governor, the State Treasurer and the
State Comptroller shall transfer from the General Revenue
Fund to the Common School Fund and Education Assistance
Fund, as appropriate, 1/24 or so much thereof as may be
necessary of the amount appropriated to the State Board
of Education for distribution to all school districts
from such Common School Fund and Education Assistance
Fund, for the fiscal year, including interest on the
School Fund proportionate for that distribution for such
year.
(2) With respect to all school districts, but for
fiscal year 1994 only, on the 11th day of August, 1993
and on or before the 11th and 21st days of each of the
months of October, 1993 through July, 1994 at a time or
times designated by the Governor, the State Treasurer and
the State Comptroller shall transfer from the General
Revenue Fund to the Common School Fund 1/24 or so much
thereof as may be necessary of the amount appropriated to
the State Board of Education for distribution to all
school districts from such Common School Fund, for fiscal
year 1994, including interest on the School Fund
proportionate for that distribution for such year; and on
or before the 21st day of August, 1993 at a time or times
designated by the Governor, the State Treasurer and the
State Comptroller shall transfer from the General Revenue
Fund to the Common School Fund 3/24 or so much thereof as
may be necessary of the amount appropriated to the State
Board of Education for distribution to all school
districts from the Common School Fund, for fiscal year
1994, including interest proportionate for that
distribution on the School Fund for such fiscal year.
The amounts of the payments made in July of each year:
(i) shall be considered an outstanding liability as of the
30th day of June immediately preceding those July payments,
within the meaning of Section 25 of this Act; (ii) shall be
payable from the appropriation for the fiscal year that ended
on that 30th day of June; and (iii) shall be considered
payments for claims covering the school year that commenced
during the immediately preceding calendar year.
Notwithstanding the foregoing provisions of this
subsection, as soon as may be after the 10th and 20th days of
each of the months of August through May, 1/24, and on or as
soon as may be after the 10th and 20th days of June, 1/12 of
the annual amount appropriated to the State Board of
Education for distribution and payment during that fiscal
year from the Common School Fund to and for the benefit of
the Teachers' Retirement System of the State of Illinois
(until the end of State fiscal year 1995) and the Public
School Teachers' Pension and Retirement Fund of Chicago as
provided by the Illinois Pension Code and Section 18-7 of the
School Code, or so much thereof as may be necessary, shall be
transferred by the State Treasurer and the State Comptroller
from the General Revenue Fund to the Common School Fund to
permit semi-monthly payments from the Common School Fund to
and for the benefit of such teacher retirement systems as
required by Section 18-7 of the School Code.
Notwithstanding the other provisions of this Section, on
or as soon as may be after the 15th day of each month,
beginning in July of 1995, 1/12 of the annual amount
appropriated for that fiscal year from the Common School Fund
to the Teachers' Retirement System of the State of Illinois
(other than amounts appropriated under Section 1.1 of the
State Pension Funds Continuing Appropriation Act), or so much
thereof as may be necessary, shall be transferred by the
State Treasurer and the State Comptroller from the General
Revenue Fund to the Common School Fund to permit monthly
payments from the Common School Fund to that retirement
system in accordance with Section 16-158 of the Illinois
Pension Code and Section 18-7 of the School Code. Amounts
appropriated to the Teachers' Retirement System of the State
of Illinois under Section 1.1 of the State Pension Funds
Continuing Appropriation Act shall be transferred by the
State Treasurer and the State Comptroller from the General
Revenue Fund to the Common School Fund as necessary to
provide for the payment of vouchers drawn against those
appropriations.
The Governor may notify the State Treasurer and the State
Comptroller to transfer, at a time designated by the
Governor, such additional amount as may be necessary to
effect advance distribution to school districts of amounts
that otherwise would be payable in the next month pursuant to
Sections 18-8 through 18-10 of the School Code. The State
Treasurer and the State Comptroller shall thereupon transfer
such additional amount. The aggregate amount transferred from
the General Revenue Fund to the Common School Fund in the
eleven months beginning August 1 of any fiscal year shall not
be in excess of the amount necessary for payment of claims
certified by the State Superintendent of Education pursuant
to the appropriation of the Common School Fund for that
fiscal year. Notwithstanding the provisions of the first
paragraph in this section, no transfer to effect an advance
distribution shall be made in any month except on
notification, as provided above, by the Governor.
The State Comptroller and State Treasurer shall transfer
from the General Revenue Fund to the Common School Fund and
the Education Assistance Fund such amounts as may be required
to honor the vouchers presented by the State Board of
Education pursuant to Sections 18-3, 18-4.2, 18-4.3, 18-5,
18-6 and 18-7 of the School Code.
The State Comptroller shall report all transfers provided
for in this Act to the President of the Senate, Minority
Leader of the Senate, Speaker of the House, and Minority
Leader of the House.
(b) On or before the 11th and 21st days of each of the
months of June, 1982 through July, 1983, at a time or times
designated by the Governor, the State Treasurer and the State
Comptroller shall transfer from the General Revenue Fund to
the Common School Fund 1/24 or so much thereof as may be
necessary of the amount appropriated to the State Board of
Education for distribution from such Common School Fund, for
that same fiscal year, including interest on the School Fund
for such year. The amounts of the payments in the months of
July, 1982 and July, 1983 shall be considered an outstanding
liability as of the 30th day of June immediately preceding
such July payment, within the meaning of Section 25 of this
Act, and shall be payable from the appropriation for the
fiscal year which ended on such 30th day of June, and such
July payments shall be considered payments for claims
covering school years 1981-1982 and 1982-1983 respectively.
In the event the Governor makes notification to effect
advanced distribution under the provisions of subsection (a)
of this Section, the aggregate amount transferred from the
General Revenue Fund to the Common School Fund in the 12
months beginning August 1, 1981 or the 12 months beginning
August 1, 1982 shall not be in excess of the amount necessary
for payment of claims certified by the State Superintendent
of Education pursuant to the appropriation of the Common
School Fund for the fiscal years commencing on the first of
July of the years 1981 and 1982.
(Source: P.A. 90-372, eff. 7-1-98; 90-587, eff. 7-1-98.)
Section 10. The School Code is amended by changing
Sections 2-3.83, 10-19, 14A-5, 18-8.05, 27A-9 and 29-5 as
follows:
(105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
Sec. 2-3.83. Individual transition plan model pilot
program.
(a) The General Assembly finds that transition services
for special education students in secondary schools are
needed for the increasing numbers of students exiting school
programs. Therefore, to ensure coordinated and timely
delivery of services, the State shall establish a model pilot
program to provide such services. Local school districts,
using joint agreements and regional service delivery systems
for special and vocational education selected by the
Governor's Planning Council on Developmental Disabilities,
shall have the primary responsibility to convene transition
planning meetings for these students who will require
post-school adult services.
(b) For purposes of this Section:
(1) "Post-secondary Service Provider" means a
provider of services for adults who have any
developmental disability as defined in Section 1-106 of
the Mental Health and Developmental Disabilities Code or
who are disabled as defined in the Disabled Persons
Rehabilitation Act.
(2) "Individual Education Plan" means a written
statement for an exceptional child that provides at least
a statement of: the child's present levels of educational
performance, annual goals and short-term instructional
objectives; specific special education and related
services; the extent of participation in the regular
education program; the projected dates for initiation of
services; anticipated duration of services; appropriate
objective criteria and evaluation procedures; and a
schedule for annual determination of short-term
objectives.
(3) "Individual Transition Plan" (ITP) means a
multi-agency informal assessment of a student's needs for
post-secondary adult services including but not limited
to employment, post-secondary education or training and
residential independent living.
(4) "Developmental Disability" means a disability
which is attributable to: (a) mental retardation,
cerebral palsy, epilepsy or autism; or to (b) any other
condition which results in impairment similar to that
caused by mental retardation and which requires services
similar to those required by mentally retarded persons.
Such disability must originate before the age of 18
years, be expected to continue indefinitely, and
constitute a substantial handicap.
(5) "Exceptional Characteristic" means any
disabling or exceptional characteristic which interferes
with a student's education including, but not limited to,
a determination that the student is severely or
profoundly mentally disabled, trainably mentally
disabled, deaf-blind, or has some other health
impairment.
(c) The model pilot program required by this Section
shall be established and administered by the Governor's
Planning Council on Developmental Disabilities in conjunction
with the case coordination pilot projects established by the
Department of Human Services pursuant to Section 4.1 of the
Community Services Act, as amended.
(d) The model pilot program shall include the following
features:
(1) Written notice shall be sent to the student
and, when appropriate, his or her parent or guardian
giving the opportunity to consent to having the student's
name and relevant information shared with the local case
coordination unit and other appropriate State or local
agencies for purposes of inviting participants to the
individual transition plan meeting.
(2) Meetings to develop and modify, as needed, an
Individual Transition Plan shall be conducted annually
for all students with a developmental disability in the
pilot program area who are age 16 or older and who are
receiving special education services for 50% or more of
their public school program. These meetings shall be
convened by the local school district and conducted in
conjunction with any other regularly scheduled meetings
such as the student's annual individual educational plan
meeting. The Governor's Planning Council on
Developmental Disabilities shall cooperate with and may
enter into any necessary written agreements with the
Department of Human Services and the State Board of
Education to identify the target group of students for
transition planning and the appropriate case coordination
unit to serve these individuals.
(3) The ITP meetings shall be co-chaired by the
individual education plan coordinator and the case
coordinator. The ITP meeting shall include but not be
limited to discussion of the following: the student's
projected date of exit from the public schools; his
projected post-school goals in the areas of employment,
residential living arrangement and post-secondary
education or training; specific school or post-school
services needed during the following year to achieve the
student's goals, including but not limited to vocational
evaluation, vocational education, work experience or
vocational training, placement assistance, independent
living skills training, recreational or leisure training,
income support, medical needs and transportation; and
referrals and linkage to needed services, including a
proposed time frame for services and the responsible
agency or provider. The individual transition plan shall
be signed by participants in the ITP discussion,
including but not limited to the student's parents or
guardian, the student (where appropriate),
multi-disciplinary team representatives from the public
schools, the case coordinator and any other individuals
who have participated in the ITP meeting at the
discretion of the individual education plan coordinator,
the developmental disability case coordinator or the
parents or guardian.
(4) At least 10 days prior to the ITP meeting, the
parents or guardian of the student shall be notified in
writing of the time and place of the meeting by the local
school district. The ITP discussion shall be documented
by the assigned case coordinator, and an individual
student file shall be maintained by each case
coordination unit. One year following a student's exit
from public school the case coordinator shall conduct a
follow up interview with the student.
(5) Determinations with respect to individual
transition plans made under this Section shall not be
subject to any due process requirements prescribed in
Section 14-8.02 of this Code.
(e) (Blank). The State Board of Education shall submit a
report to the General Assembly by June 30 of each year which
summarizes the projected number of secondary special
education students that will be exiting public schools after
the following school year. The report shall include a
description of the students' exceptional characteristics,
location in the State and other information necessary for the
State to plan for services for these students. The report
shall not contain any information which identifies any
individual.
(Source: P.A. 88-380; 89-397, eff. 8-20-95; 89-507, eff.
7-1-97; 89-626, eff. 8-9-96.)
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
Sec. 10-19. Length of school term - experimental
programs. Each school board shall annually prepare a calendar
for the school term, specifying the opening and closing dates
and providing a minimum term of at least 185 days to insure
176 days of actual pupil attendance, computable under Section
18-8.05 18-8, except that for the 1980-1981 school year only
175 days of actual pupil attendance shall be required because
of the closing of schools pursuant to Section 24-2 on January
29, 1981 upon the appointment by the President of that day as
a day of thanksgiving for the freedom of the Americans who
had been held hostage in Iran. Any days allowed by law for
teachers' institute but not used as such or used as parental
institutes as provided in Section 10-22.18d shall increase
the minimum term by the school days not so used. Except as
provided in Section 10-19.1, the board may not extend the
school term beyond such closing date unless that extension of
term is necessary to provide the minimum number of computable
days. In case of such necessary extension school employees
shall be paid for such additional time on the basis of their
regular contracts. A school board may specify a closing date
earlier than that set on the annual calendar when the schools
of the district have provided the minimum number of
computable days under this Section. Nothing in this Section
prevents the board from employing superintendents of schools,
principals and other nonteaching personnel for a period of 12
months, or in the case of superintendents for a period in
accordance with Section 10-23.8, or prevents the board from
employing other personnel before or after the regular school
term with payment of salary proportionate to that received
for comparable work during the school term.
A school board may make such changes in its calendar for
the school term as may be required by any changes in the
legal school holidays prescribed in Section 24-2. A school
board may make changes in its calendar for the school term as
may be necessary to reflect the utilization of teachers'
institute days as parental institute days as provided in
Section 10-22.18d.
With the prior approval of the State Board of Education
and subject to review by the State Board of Education every 3
years, any school board may, by resolution of its board and
in agreement with affected exclusive collective bargaining
agents, establish experimental educational programs,
including but not limited to programs for self-directed
learning or outside of formal class periods, which programs
when so approved shall be considered to comply with the
requirements of this Section as respects numbers of days of
actual pupil attendance and with the other requirements of
this Act as respects courses of instruction.
(Source: P.A. 86-1250; 87-183.)
(105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5)
Sec. 14A-5. Reimbursement for services and materials.
Pursuant to regulations of the State Board of Education
proposed programs for gifted children may be submitted to the
Council by a school district, 2 or more cooperating school
districts, a county, or 2 or more cooperating counties. Such
proposals shall include a statement of the qualifications and
duties of the personnel required in the fields of diagnostic,
counseling and consultative services and the educational
materials necessary.
Upon receipt of such proposals the Council shall evaluate
them and if found to contribute to the development of a State
plan to increase the service of the public school in the
field of education of gifted children the Council shall
recommend the acceptance thereof to the State Superintendent
of Education, who may approve the same. Upon the approval of
the district's program, which shall be offered during the
regular school term and may include optional summer school,
the district shall be entitled to reimbursement for the
services and materials required therefor by the method
described in either (a) or (b) as follows:
(a) The number of pupils in average daily attendance in
the district's program, multiplied by one of the following
factors:
The factors for school districts having different
assessed valuations per pupil in average daily attendance for
the prior year shall be:
1. in districts with $20,000 or more;
1.2 in districts with $16,000 but less than $20,000;
1.3 in districts with $12,000 but less than $16,000;
1.4 in districts with $9,000 but less than $12,000;
1.5 in districts with less than $9,000.
In no case shall the claim for reimbursement of any
district exceed the actual cost of such program to the
district nor shall the number of pupils for whom
reimbursement is claimed exceed 5% of the number of pupils in
average daily attendance in the district for the prior year.
(b) For each professional worker, who meets the
established standards for his position, employed in the
district's program at the annual rate of $5,000.
On or before July 10, annually, the president and the
secretary of the district shall certify to the regional
superintendent upon forms prescribed by the State
Superintendent of Education the district's claim for
reimbursement for the school year ended on June 30 next
preceding. The regional superintendent shall check all such
claims to ascertain compliance with the prescribed standards
and upon his approval shall certify not later than July 25 to
the State Superintendent of Education the regional report of
claims for reimbursements. The State Superintendent of
Education shall check and upon approval shall transmit by
September 15 to the State Comptroller the vouchers showing
the amounts due for district reimbursement claims.
Reimbursement shall be paid in the manner provided above in
this paragraph through September 15, 1979. Thereafter,
estimated payments equal to 1/4 of the district's approved
program amount shall be made by the State Comptroller on
November 15, February 15, and May 15 upon submission of
vouchers by the State Superintendent of Education. A final
claim shall be filed with the regional superintendent on or
before July 10 for approval and transmittal to the State
Superintendent of Education on or before July 20. Claims
received by the State Superintendent of Education after July
20 shall not be honored. Upon receipt of the final claim the
State Superintendent shall verify its accuracy and make a
final adjusted payment on September 20.
If the amount appropriated for such reimbursement for any
year is insufficient it shall be apportioned on the basis of
the claims approved.
When any school district eligible for reimbursement under
this Section operates a school for a full year in accordance
with Section 10-19.1 of this Act such reimbursement shall be
increased by 1/185 of the amount or rate paid hereunder for
each day such school is operated in excess of 185 days per
calendar year.
For purposes of calculating claims for reimbursement
under this Section for any school year beginning July 1, 1997
1980, or thereafter, the equalized assessed valuation for a
school district used to compute reimbursement shall be
computed in the same manner as it is computed under paragraph
(2) of subsection (G) of Section 18-8.05. determined by
adding to the real property equalized assessed valuation for
the district an amount computed by dividing the amount of
money received by the district under the provisions of "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,
by the total tax rate for the district. For purposes of this
subsection, 1976 tax rates shall be used for school districts
in the county of Cook, and 1977 tax rates shall be used in
all other counties. For the 1980-81 school year, for purposes
of computing claims for reimbursement, there shall be added
to the amount derived by the above computation 2/3 of the
positive difference between the 1978 corporate personal
property equalized assessed valuation and the amount of money
received by the district under the provisions of "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, divided by
the total tax rate for the district; and for the 1981-82
school year 1/3 of the positive difference shall be added.
(Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97.)
(105 ILCS 5/18-8.05)
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.
(A) General Provisions.
(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
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.
(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:
(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.
(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.
(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.
(d) (Blank).
(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.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(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.
(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).
(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).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(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.
(B) Foundation Level.
(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.
(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.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(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).
(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.
(D) Available Local Resources.
(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.
(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).
(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 1.20%, and divided by
the district's Average Daily Attendance figure.
(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.
(E) Computation of General State Aid.
(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.
(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.
(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.
(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.
(F) Compilation of Average Daily Attendance.
(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, except that any 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.
Except as otherwise provided in this Section, days of
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.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(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.
(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.
(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.
(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.
(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
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 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 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 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.
(e) A session of not less than one clock hour of
teaching of 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.
(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.
(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.
(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 1 day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a 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. 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.
(G) Equalized Assessed Valuation Data.
(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 the applicable tax rate used in extending taxes
for the funds of the district as of September 30 of the
previous year.
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, or by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.20% 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) (c).
(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. For purposes of
this subsection, 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.
(2) Supplemental general State aid pursuant to this
subsection shall be provided as follows:
(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 by $100 to $1,200,
$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 increased to $1,230, $1,640,
and $2,050, respectively.
(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). Impaction. Impaction payments shall be
made as provided for in Section 18-4.2.
(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) General State Aid Adjustment Grant.
(1) Any school district subject to property tax
extension limitations as imposed under the provisions of the
Property Tax Extension Limitation Law shall be entitled to
receive, subject to the qualifications and requirements of
this subsection, a general State aid adjustment grant.
Eligibility for this grant shall be determined on an annual
basis and claims for grant payments shall be paid subject to
appropriations made specific to this subsection. For
purposes of this subsection 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).
"Current Year": The school year immediately preceding
the Budget Year.
"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.
"Extension Limitation Ratio": A numerical ratio,
certified by a school district's County Clerk, in which the
numerator is the Base Tax Year's tax extension amount
resulting from the Limiting Rate and the denominator is the
Preceding Tax Year's tax extension amount resulting from the
Limiting Rate.
"Limiting Rate": The limiting rate as defined in the
Property Tax Extension Limitation Law.
"Preliminary Tax Rate": The tax rate for all purposes
except bond and interest that would have been used to extend
those taxes absent the provisions of the Property Tax
Extension Limitation Law.
(2) To qualify for a general State aid adjustment grant,
a school district must meet all of the following eligibility
criteria for each Budget Year for which a grant is claimed:
(a) (Blank).
(b) The Preliminary Tax Rate of the school district
for the Base Tax Year was reduced by the Clerk of the
County as a result of the requirements of the Property
Tax Extension Limitation Law.
(c) The Available Local Resources per pupil of the
school district as calculated pursuant to subsection (D)
using the Base Tax Year are less than the product of 1.75
times the Foundation Level for the Budget Year.
(d) The school district has filed a proper and
timely claim for a general State aid adjustment grant as
required under this subsection.
(3) A claim for grant assistance under this subsection
shall be filed with the State Board of Education on or before
April 1 of the Current Year for a grant for the Budget Year.
The claim shall be made on forms prescribed by the State
Board of Education and must be accompanied by a written
statement from the Clerk of the County, certifying:
(a) That the school district had its Preliminary
Tax Rate for the Base Tax Year reduced as a result of the
Property Tax Extension Limitation Law.
(b) (Blank).
(c) The Extension Limitation Ratio as that term is
defined in this subsection.
(4) On or before August 1 of the Budget Year the State
Board of Education shall calculate, for all school districts
meeting the other requirements of this subsection, the amount
of the general State aid adjustment grant, if any, that the
school districts are eligible to receive in the Budget Year.
The amount of the general State aid adjustment grant shall be
calculated as follows:
(a) Determine the school district's general State
aid grant for the Budget Year as provided in accordance
with the provisions of subsection (E).
(b) Determine the school district's adjusted level
of general State aid by utilizing in the calculation of
Available Local Resources the equalized assessed
valuation that was used to calculate the general State
aid for the preceding fiscal year multiplied by the
Extension Limitation Ratio.
(c) Subtract the sum derived in subparagraph (a)
from the sum derived in subparagraph (b). If the result
is a positive number, that amount shall be the general
State aid adjustment grant that the district is eligible
to receive.
(5) The State Board of Education shall in the Current
Year, based upon claims filed in the Current Year, recommend
to the General Assembly an appropriation amount for the
general State aid adjustment grants to be made in the Budget
Year.
(6) Claims for general State aid adjustment grants shall
be paid in a lump sum on or before January 1 of the Budget
Year only from appropriations made by the General Assembly
expressly for claims under this subsection. No such claims
may be paid from amounts appropriated for any other purpose
provided for under this Section. In the event that the
appropriation for claims under this subsection is
insufficient to meet all Budget Year claims for a general
State aid adjustment grant, the appropriation available shall
be proportionately prorated by the State Board of Education
amongst all districts filing for and entitled to payments.
(7) The State Board of Education shall promulgate the
required claim forms and rules necessary to implement the
provisions of this subsection.
(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.
(Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
7-30-98; revised 9-16-98.)
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) A charter may be granted for a period not less than
3 and not more than 5 school years. A charter may be renewed
in incremental periods not to exceed 5 school years.
(b) A charter school renewal proposal submitted to the
local school board shall contain:
(1) A report on the progress of the charter school
in achieving the goals, objectives, pupil performance
standards, content standards, and other terms of the
initial approved charter proposal; and
(2) A financial statement that discloses the costs
of administration, instruction, and other spending
categories for the charter school that is understandable
to the general public and that will allow comparison of
those costs to other schools or other comparable
organizations, in a format required by the State Board.
(c) A charter may be revoked or not renewed if the local
school board clearly demonstrates that the charter school did
any of the following, or otherwise failed to comply with the
requirements of this law:
(1) Committed a material violation of any of the
conditions, standards, or procedures set forth in the
charter.
(2) Failed to meet or make reasonable progress
toward achievement of the content standards or pupil
performance standards identified in the charter.
(3) Failed to meet generally accepted standards of
fiscal management.
(4) Violated any provision of law from which the
charter school was not exempted.
(d) (Blank).
(e) Notice of a local school board's decision to deny,
revoke or not to renew a charter shall be provided to the
State Board. The State Board may reverse a local board's
decision if the State Board finds that the charter school or
charter school proposal (i) is in compliance with this
Article, and (ii) is in the best interests of the students it
is designed to serve. Final decisions of the State Board
shall be subject to judicial review under the Administrative
Review Law.
(f) Notwithstanding other provisions of this Article, if
the State Board on appeal reverses a local board's decision,
the State Board shall act as the authorized chartering entity
for the charter school. The State Board shall approve and
certify the charter and shall perform all functions under
this Article otherwise performed by the local school board.
The State Board shall report the aggregate number of charter
school pupils resident in a school district to that district
and shall notify the district of the amount of funding to be
paid by the State Board to the charter school enrolling such
students. The State Board shall require the charter school
to maintain accurate records of daily attendance that shall
be deemed sufficient to file claims under Section 18-8.05
notwithstanding any other requirements of that Section
regarding hours of instruction and teacher certification.
The State Board shall withhold from funds otherwise due the
district the funds authorized by this Article to be paid to
the charter school and shall pay such amounts to the charter
school.
(Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
Sec. 29-5. Reimbursement by State for transportation.
Any school district, maintaining a school, transporting
resident pupils to another school district's vocational
program, offered through a joint agreement approved by the
State Board of Education, as provided in Section 10-22.22 or
transporting its resident pupils to a school which meets the
standards for recognition as established by the State Board
of Education which provides transportation meeting the
standards of safety, comfort, convenience, efficiency and
operation prescribed by the State Board of Education for
resident pupils in kindergarten or any of grades 1 through 12
who: (a) reside at least 1 1/2 miles as measured by the
customary route of travel, from the school attended; or (b)
reside in areas where conditions are such that walking
constitutes a hazard to the safety of the child when
determined under Section 29-3; and (c) are transported to the
school attended from pick-up points at the beginning of the
school day and back again at the close of the school day or
transported to and from their assigned attendance centers
during the school day, shall be reimbursed by the State as
hereinafter provided in this Section.
The State will pay the cost of transporting eligible
pupils less the assessed valuation in a dual school district
maintaining secondary grades 9 to 12 inclusive times a
qualifying rate of .05%; in elementary school districts
maintaining grades K to 8 times a qualifying rate of .06%; in
unit districts maintaining grades K to 12 times a qualifying
rate of .07%. To be eligible to receive reimbursement in
excess of 4/5 of the cost to transport eligible pupils, a
school district shall have a Transportation Fund tax rate of
at least .12%. If a school district does not have a .12%
Transportation Fund tax rate, the amount of its claim in
excess of 4/5 of the cost of transporting pupils shall be
reduced by the sum arrived at by subtracting the
Transportation Fund tax rate from .12% and multiplying that
amount by the districts equalized or assessed valuation,
provided, that in no case shall said reduction result in
reimbursement of less than 4/5 of the cost to transport
eligible pupils.
The minimum amount to be received by a district is $16
times the number of eligible pupils transported.
Any such district transporting resident pupils during the
school day to an area vocational school or another school
district's vocational program more than 1 1/2 miles from the
school attended, as provided in Sections 10-22.20a and
10-22.22, shall be reimbursed by the State for 4/5 of the
cost of transporting eligible pupils.
School day means that period of time which the pupil is
required to be in attendance for instructional purposes.
If a pupil is at a location within the school district
other than his residence for child care purposes at the time
for transportation to school, that location may be considered
for purposes of determining the 1 1/2 miles from the school
attended.
Claims for reimbursement that include children who attend
any school other than a public school shall show the number
of such children transported.
Claims for reimbursement under this Section shall not be
paid for the transportation of pupils for whom transportation
costs are claimed for payment under other Sections of this
Act.
The allowable direct cost of transporting pupils for
regular, vocational, and special education pupil
transportation shall be limited to the sum of the cost of
physical examinations required for employment as a school bus
driver; the salaries of full or part-time drivers and school
bus maintenance personnel; employee benefits excluding
Illinois municipal retirement payments, social security
payments, unemployment insurance payments and workers'
compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school
districts for pupil transportation services; pre-approved
contractual expenditures for computerized bus scheduling; the
cost of gasoline, oil, tires, and other supplies necessary
for the operation of school buses; the cost of converting
buses' gasoline engines to more fuel efficient engines or to
engines which use alternative energy sources; the cost of
travel to meetings and workshops conducted by the regional
superintendent or the State Superintendent of Education
pursuant to the standards established by the Secretary of
State under Section 6-106 of the Illinois Vehicle Code to
improve the driving skills of school bus drivers; the cost of
maintenance of school buses including parts and materials
used; expenditures for leasing transportation vehicles,
except interest and service charges; the cost of insurance
and licenses for transportation vehicles; expenditures for
the rental of transportation equipment; plus a depreciation
allowance of 20% for 5 years for school buses and vehicles
approved for transporting pupils to and from school and a
depreciation allowance of 10% for 10 years for other
transportation equipment so used. In addition to the above
allowable costs school districts shall also claim all
transportation supervisory salary costs, including Illinois
municipal retirement payments, and all transportation related
building and building maintenance costs without limitation.
Special education allowable costs shall also include
expenditures for the salaries of attendants or aides for that
portion of the time they assist special education pupils
while in transit and expenditures for parents and public
carriers for transporting special education pupils when
pre-approved by the State Superintendent of Education.
Indirect costs shall be included in the reimbursement
claim for districts which own and operate their own school
buses. Such indirect costs shall include administrative
costs, or any costs attributable to transporting pupils from
their attendance centers to another school building for
instructional purposes. No school district which owns and
operates its own school buses may claim reimbursement for
indirect costs which exceed 5% of the total allowable direct
costs for pupil transportation.
The State Board of Education shall prescribe uniform
regulations for determining the above standards and shall
prescribe forms of cost accounting and standards of
determining reasonable depreciation. Such depreciation shall
include the cost of equipping school buses with the safety
features required by law or by the rules, regulations and
standards promulgated by the State Board of Education, and
the Department of Transportation for the safety and
construction of school buses provided, however, any equipment
cost reimbursed by the Department of Transportation for
equipping school buses with such safety equipment shall be
deducted from the allowable cost in the computation of
reimbursement under this Section in the same percentage as
the cost of the equipment is depreciated.
On or before July 10, annually, the board clerk or the
secretary of the district shall certify to the regional
superintendent of schools upon forms prescribed by the State
Superintendent of Education the district's claim for
reimbursement for the school year ended on June 30 next
preceding. The regional superintendent of schools shall
check all transportation claims to ascertain compliance with
the prescribed standards and upon his approval shall certify
not later than July 25 to the State Superintendent of
Education the regional report of claims for reimbursements.
The State Superintendent of Education shall check and approve
the claims and prepare the vouchers showing the amounts due
for district reimbursement claims. Beginning with the 1977
fiscal year, the State Superintendent of Education shall
prepare and transmit the first 3 vouchers to the Comptroller
on the 30th day of September, December and March,
respectively, and the final voucher, no later than June 15.
If the amount appropriated for transportation
reimbursement is insufficient to fund total claims for any
fiscal year, the State Board of Education shall reduce each
school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total
amount appropriated.
For purposes of calculating claims for reimbursement
under this Section for any school year beginning July 1, 1998
1980, or thereafter, the equalized assessed valuation for a
school district used to compute reimbursement shall be
computed in the same manner as it is computed under paragraph
(2) of subsection (G) of Section 18-8.05. determined by
adding to the real property equalized assessed valuation for
the district an amount computed by dividing the amount of
money received by the district under the provisions of "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,
by the total tax rate for the district. For purposes of this
subsection, 1976 tax rates shall be used for school districts
in the county of Cook, and 1977 tax rates shall be used in
all other counties. For the purposes of calculating claims
for reimbursement under this Section for any school year
beginning July 1, 1986, or thereafter, the real property
equalized assessed valuation for a school district used to
compute reimbursement shall be determined 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 the maximum operating tax
rates specified in subsection 5(c) of Section 18-8.
All reimbursements received from the State shall be
deposited into the district's transportation fund or into the
fund from which the allowable expenditures were made.
(Source: P.A. 88-612, eff. 7-1-95; 88-641, eff. 9-9-94;
88-670, eff. 12-2-94; 89-235, eff. 8-4-95.)
(105 ILCS 5/18-4.2 rep.)
Section 15. The School Code is amended by repealing
Section 18-4.2.
Section 99. Effective date. This Act takes effect upon
becoming law.
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