Sen. Kimberly A. Lightford

Filed: 4/4/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 589

2    AMENDMENT NO. ______. Amend Senate Bill 589 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
518-8.05 and 18-11 as follows:
 
6    (105 ILCS 5/18-8.05)
7    Sec. 18-8.05. Basis for apportionment of general State
8financial aid and supplemental general State aid to the common
9schools for the 1998-1999 and subsequent school years.
 
10(A) General Provisions.
11    (1) The provisions of this Section apply to the 1998-1999
12and subsequent school years. The system of general State
13financial aid provided for in this Section is designed to
14assure that, through a combination of State financial aid and
15required local resources, the financial support provided each

 

 

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1pupil in Average Daily Attendance equals or exceeds a
2prescribed per pupil Foundation Level. This formula approach
3imputes a level of per pupil Available Local Resources and
4provides for the basis to calculate a per pupil level of
5general State financial aid that, when added to Available Local
6Resources, equals or exceeds the Foundation Level. The amount
7of per pupil general State financial aid for school districts,
8in general, varies in inverse relation to Available Local
9Resources. Per pupil amounts are based upon each school
10district's Average Daily Attendance as that term is defined in
11this Section.
12    (2) In addition to general State financial aid, school
13districts with specified levels or concentrations of pupils
14from low income households are eligible to receive supplemental
15general State financial aid grants as provided pursuant to
16subsection (H). The supplemental State aid grants provided for
17school districts under subsection (H) shall be appropriated for
18distribution to school districts as part of the same line item
19in which the general State financial aid of school districts is
20appropriated under this Section.
21    (3) To receive financial assistance under this Section,
22school districts are required to file claims with the State
23Board of Education, subject to the following requirements:
24        (a) Any school district which fails for any given
25    school year to maintain school as required by law, or to
26    maintain a recognized school is not eligible to file for

 

 

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1    such school year any claim upon the Common School Fund. In
2    case of nonrecognition of one or more attendance centers in
3    a school district otherwise operating recognized schools,
4    the claim of the district shall be reduced in the
5    proportion which the Average Daily Attendance in the
6    attendance center or centers bear to the Average Daily
7    Attendance in the school district. A "recognized school"
8    means any public school which meets the standards as
9    established for recognition by the State Board of
10    Education. A school district or attendance center not
11    having recognition status at the end of a school term is
12    entitled to receive State aid payments due upon a legal
13    claim which was filed while it was recognized.
14        (b) School district claims filed under this Section are
15    subject to Sections 18-9 and 18-12, except as otherwise
16    provided in this Section.
17        (c) If a school district operates a full year school
18    under Section 10-19.1, the general State aid to the school
19    district shall be determined by the State Board of
20    Education in accordance with this Section as near as may be
21    applicable.
22        (d) (Blank).
23    (4) Except as provided in subsections (H) and (L), the
24board of any district receiving any of the grants provided for
25in this Section may apply those funds to any fund so received
26for which that board is authorized to make expenditures by law.

 

 

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1    School districts are not required to exert a minimum
2Operating Tax Rate in order to qualify for assistance under
3this Section.
4    (5) As used in this Section the following terms, when
5capitalized, shall have the meaning ascribed herein:
6        (a) "Average Daily Attendance": A count of pupil
7    attendance in school, averaged as provided for in
8    subsection (C) and utilized in deriving per pupil financial
9    support levels.
10        (b) "Available Local Resources": A computation of
11    local financial support, calculated on the basis of Average
12    Daily Attendance and derived as provided pursuant to
13    subsection (D).
14        (c) "Corporate Personal Property Replacement Taxes":
15    Funds paid to local school districts pursuant to "An Act in
16    relation to the abolition of ad valorem personal property
17    tax and the replacement of revenues lost thereby, and
18    amending and repealing certain Acts and parts of Acts in
19    connection therewith", certified August 14, 1979, as
20    amended (Public Act 81-1st S.S.-1).
21        (d) "Foundation Level": A prescribed level of per pupil
22    financial support as provided for in subsection (B).
23        (e) "Operating Tax Rate": All school district property
24    taxes extended for all purposes, except Bond and Interest,
25    Summer School, Rent, Capital Improvement, and Vocational
26    Education Building purposes.
 

 

 

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1(B) Foundation Level.
2    (1) The Foundation Level is a figure established by the
3State representing the minimum level of per pupil financial
4support that should be available to provide for the basic
5education of each pupil in Average Daily Attendance. As set
6forth in this Section, each school district is assumed to exert
7a sufficient local taxing effort such that, in combination with
8the aggregate of general State financial aid provided the
9district, an aggregate of State and local resources are
10available to meet the basic education needs of pupils in the
11district.
12    (2) For the 1998-1999 school year, the Foundation Level of
13support is $4,225. For the 1999-2000 school year, the
14Foundation Level of support is $4,325. For the 2000-2001 school
15year, the Foundation Level of support is $4,425. For the
162001-2002 school year and 2002-2003 school year, the Foundation
17Level of support is $4,560. For the 2003-2004 school year, the
18Foundation Level of support is $4,810. For the 2004-2005 school
19year, the Foundation Level of support is $4,964. For the
202005-2006 school year, the Foundation Level of support is
21$5,164. For the 2006-2007 school year, the Foundation Level of
22support is $5,334. For the 2007-2008 school year, the
23Foundation Level of support is $5,734. For the 2008-2009 school
24year, the Foundation Level of support is $5,959.
25    (3) For the 2009-2010 school year and each school year

 

 

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1thereafter, the Foundation Level of support is $6,119 or such
2greater amount as may be established by law by the General
3Assembly.
 
4(C) Average Daily Attendance.
5    (1) For purposes of calculating general State aid pursuant
6to subsection (E), an Average Daily Attendance figure shall be
7utilized. The Average Daily Attendance figure for formula
8calculation purposes shall be the monthly average of the actual
9number of pupils in attendance of each school district, as
10further averaged for the best 3 months of pupil attendance for
11each school district. In compiling the figures for the number
12of pupils in attendance, school districts and the State Board
13of Education shall, for purposes of general State aid funding,
14conform attendance figures to the requirements of subsection
15(F).
16    (2) The Average Daily Attendance figures utilized in
17subsection (E) shall be the requisite attendance data for the
18school year immediately preceding the school year for which
19general State aid is being calculated or the average of the
20attendance data for the 3 preceding school years, whichever is
21greater. The Average Daily Attendance figures utilized in
22subsection (H) shall be the requisite attendance data for the
23school year immediately preceding the school year for which
24general State aid is being calculated.
 

 

 

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1(D) Available Local Resources.
2    (1) For purposes of calculating general State aid pursuant
3to subsection (E), a representation of Available Local
4Resources per pupil, as that term is defined and determined in
5this subsection, shall be utilized. Available Local Resources
6per pupil shall include a calculated dollar amount representing
7local school district revenues from local property taxes and
8from Corporate Personal Property Replacement Taxes, expressed
9on the basis of pupils in Average Daily Attendance. Calculation
10of Available Local Resources shall exclude any tax amnesty
11funds received as a result of Public Act 93-26.
12    (2) In determining a school district's revenue from local
13property taxes, the State Board of Education shall utilize the
14equalized assessed valuation of all taxable property of each
15school district as of September 30 of the previous year. The
16equalized assessed valuation utilized shall be obtained and
17determined as provided in subsection (G).
18    (3) For school districts maintaining grades kindergarten
19through 12, local property tax revenues per pupil shall be
20calculated as the product of the applicable equalized assessed
21valuation for the district multiplied by 3.00%, and divided by
22the district's Average Daily Attendance figure. For school
23districts maintaining grades kindergarten through 8, local
24property tax revenues per pupil shall be calculated as the
25product of the applicable equalized assessed valuation for the
26district multiplied by 2.30%, and divided by the district's

 

 

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1Average Daily Attendance figure. For school districts
2maintaining grades 9 through 12, local property tax revenues
3per pupil shall be the applicable equalized assessed valuation
4of the district multiplied by 1.05%, and divided by the
5district's Average Daily Attendance figure.
6    For partial elementary unit districts created pursuant to
7Article 11E of this Code, local property tax revenues per pupil
8shall be calculated as the product of the equalized assessed
9valuation for property within the partial elementary unit
10district for elementary purposes, as defined in Article 11E of
11this Code, multiplied by 2.06% and divided by the district's
12Average Daily Attendance figure, plus the product of the
13equalized assessed valuation for property within the partial
14elementary unit district for high school purposes, as defined
15in Article 11E of this Code, multiplied by 0.94% and divided by
16the district's Average Daily Attendance figure.
17    (4) The Corporate Personal Property Replacement Taxes paid
18to each school district during the calendar year one year
19before the calendar year in which a school year begins, divided
20by the Average Daily Attendance figure for that district, shall
21be added to the local property tax revenues per pupil as
22derived by the application of the immediately preceding
23paragraph (3). The sum of these per pupil figures for each
24school district shall constitute Available Local Resources as
25that term is utilized in subsection (E) in the calculation of
26general State aid.
 

 

 

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1(E) Computation of General State Aid.
2    (1) For each school year, the amount of general State aid
3allotted to a school district shall be computed by the State
4Board of Education as provided in this subsection.
5    (2) For any school district for which Available Local
6Resources per pupil is less than the product of 0.93 times the
7Foundation Level, general State aid for that district shall be
8calculated as an amount equal to the Foundation Level minus
9Available Local Resources, multiplied by the Average Daily
10Attendance of the school district.
11    (3) For any school district for which Available Local
12Resources per pupil is equal to or greater than the product of
130.93 times the Foundation Level and less than the product of
141.75 times the Foundation Level, the general State aid per
15pupil shall be a decimal proportion of the Foundation Level
16derived using a linear algorithm. Under this linear algorithm,
17the calculated general State aid per pupil shall decline in
18direct linear fashion from 0.07 times the Foundation Level for
19a school district with Available Local Resources equal to the
20product of 0.93 times the Foundation Level, to 0.05 times the
21Foundation Level for a school district with Available Local
22Resources equal to the product of 1.75 times the Foundation
23Level. The allocation of general State aid for school districts
24subject to this paragraph 3 shall be the calculated general
25State aid per pupil figure multiplied by the Average Daily

 

 

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1Attendance of the school district.
2    (4) For any school district for which Available Local
3Resources per pupil equals or exceeds the product of 1.75 times
4the Foundation Level, the general State aid for the school
5district shall be calculated as the product of $218 multiplied
6by the Average Daily Attendance of the school district.
7    (5) The amount of general State aid allocated to a school
8district for the 1999-2000 school year meeting the requirements
9set forth in paragraph (4) of subsection (G) shall be increased
10by an amount equal to the general State aid that would have
11been received by the district for the 1998-1999 school year by
12utilizing the Extension Limitation Equalized Assessed
13Valuation as calculated in paragraph (4) of subsection (G) less
14the general State aid allotted for the 1998-1999 school year.
15This amount shall be deemed a one time increase, and shall not
16affect any future general State aid allocations.
 
17(F) Compilation of Average Daily Attendance.
18    (1) Each school district shall, by July 1 of each year,
19submit to the State Board of Education, on forms prescribed by
20the State Board of Education, attendance figures for the school
21year that began in the preceding calendar year. The attendance
22information so transmitted shall identify the average daily
23attendance figures for each month of the school year. Beginning
24with the general State aid claim form for the 2002-2003 school
25year, districts shall calculate Average Daily Attendance as

 

 

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1provided in subdivisions (a), (b), and (c) of this paragraph
2(1).
3        (a) In districts that do not hold year-round classes,
4    days of attendance in August shall be added to the month of
5    September and any days of attendance in June shall be added
6    to the month of May.
7        (b) In districts in which all buildings hold year-round
8    classes, days of attendance in July and August shall be
9    added to the month of September and any days of attendance
10    in June shall be added to the month of May.
11        (c) In districts in which some buildings, but not all,
12    hold year-round classes, for the non-year-round buildings,
13    days of attendance in August shall be added to the month of
14    September and any days of attendance in June shall be added
15    to the month of May. The average daily attendance for the
16    year-round buildings shall be computed as provided in
17    subdivision (b) of this paragraph (1). To calculate the
18    Average Daily Attendance for the district, the average
19    daily attendance for the year-round buildings shall be
20    multiplied by the days in session for the non-year-round
21    buildings for each month and added to the monthly
22    attendance of the non-year-round buildings.
23    Except as otherwise provided in this Section, days of
24attendance by pupils shall be counted only for sessions of not
25less than 5 clock hours of school work per day under direct
26supervision of: (i) teachers, or (ii) non-teaching personnel or

 

 

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1volunteer personnel when engaging in non-teaching duties and
2supervising in those instances specified in subsection (a) of
3Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
4of legal school age and in kindergarten and grades 1 through
512.
6    Days of attendance by tuition pupils shall be accredited
7only to the districts that pay the tuition to a recognized
8school.
9    (2) Days of attendance by pupils of less than 5 clock hours
10of school shall be subject to the following provisions in the
11compilation of Average Daily Attendance.
12        (a) Pupils regularly enrolled in a public school for
13    only a part of the school day may be counted on the basis
14    of 1/6 day for every class hour of instruction of 40
15    minutes or more attended pursuant to such enrollment,
16    unless a pupil is enrolled in a block-schedule format of 80
17    minutes or more of instruction, in which case the pupil may
18    be counted on the basis of the proportion of minutes of
19    school work completed each day to the minimum number of
20    minutes that school work is required to be held that day.
21        (b) (Blank).
22        (c) A session of 4 or more clock hours may be counted
23    as a day of attendance upon certification by the regional
24    superintendent, and approved by the State Superintendent
25    of Education to the extent that the district has been
26    forced to use daily multiple sessions.

 

 

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1        (d) A session of 3 or more clock hours may be counted
2    as a day of attendance (1) when the remainder of the school
3    day or at least 2 hours in the evening of that day is
4    utilized for an in-service training program for teachers,
5    up to a maximum of 5 days per school year, provided a
6    district conducts an in-service training program for
7    teachers in accordance with Section 10-22.39 of this Code;
8    or, in lieu of 4 such days, 2 full days may be used, in
9    which event each such day may be counted as a day required
10    for a legal school calendar pursuant to Section 10-19 of
11    this Code; (1.5) when, of the 5 days allowed under item
12    (1), a maximum of 4 days are used for parent-teacher
13    conferences, or, in lieu of 4 such days, 2 full days are
14    used, in which case each such day may be counted as a
15    calendar day required under Section 10-19 of this Code,
16    provided that the full-day, parent-teacher conference
17    consists of (i) a minimum of 5 clock hours of
18    parent-teacher conferences, (ii) both a minimum of 2 clock
19    hours of parent-teacher conferences held in the evening
20    following a full day of student attendance, as specified in
21    subsection (F)(1)(c), and a minimum of 3 clock hours of
22    parent-teacher conferences held on the day immediately
23    following evening parent-teacher conferences, or (iii)
24    multiple parent-teacher conferences held in the evenings
25    following full days of student attendance, as specified in
26    subsection (F)(1)(c), in which the time used for the

 

 

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1    parent-teacher conferences is equivalent to a minimum of 5
2    clock hours; and (2) when days in addition to those
3    provided in items (1) and (1.5) are scheduled by a school
4    pursuant to its school improvement plan adopted under
5    Article 34 or its revised or amended school improvement
6    plan adopted under Article 2, provided that (i) such
7    sessions of 3 or more clock hours are scheduled to occur at
8    regular intervals, (ii) the remainder of the school days in
9    which such sessions occur are utilized for in-service
10    training programs or other staff development activities
11    for teachers, and (iii) a sufficient number of minutes of
12    school work under the direct supervision of teachers are
13    added to the school days between such regularly scheduled
14    sessions to accumulate not less than the number of minutes
15    by which such sessions of 3 or more clock hours fall short
16    of 5 clock hours. Any full days used for the purposes of
17    this paragraph shall not be considered for computing
18    average daily attendance. Days scheduled for in-service
19    training programs, staff development activities, or
20    parent-teacher conferences may be scheduled separately for
21    different grade levels and different attendance centers of
22    the district.
23        (e) A session of not less than one clock hour of
24    teaching hospitalized or homebound pupils on-site or by
25    telephone to the classroom may be counted as 1/2 day of
26    attendance, however these pupils must receive 4 or more

 

 

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1    clock hours of instruction to be counted for a full day of
2    attendance.
3        (f) A session of at least 4 clock hours may be counted
4    as a day of attendance for first grade pupils, and pupils
5    in full day kindergartens, and a session of 2 or more hours
6    may be counted as 1/2 day of attendance by pupils in
7    kindergartens which provide only 1/2 day of attendance.
8        (g) For children with disabilities who are below the
9    age of 6 years and who cannot attend 2 or more clock hours
10    because of their disability or immaturity, a session of not
11    less than one clock hour may be counted as 1/2 day of
12    attendance; however for such children whose educational
13    needs so require a session of 4 or more clock hours may be
14    counted as a full day of attendance.
15        (h) A recognized kindergarten which provides for only
16    1/2 day of attendance by each pupil shall not have more
17    than 1/2 day of attendance counted in any one day. However,
18    kindergartens may count 2 1/2 days of attendance in any 5
19    consecutive school days. When a pupil attends such a
20    kindergarten for 2 half days on any one school day, the
21    pupil shall have the following day as a day absent from
22    school, unless the school district obtains permission in
23    writing from the State Superintendent of Education.
24    Attendance at kindergartens which provide for a full day of
25    attendance by each pupil shall be counted the same as
26    attendance by first grade pupils. Only the first year of

 

 

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1    attendance in one kindergarten shall be counted, except in
2    case of children who entered the kindergarten in their
3    fifth year whose educational development requires a second
4    year of kindergarten as determined under the rules and
5    regulations of the State Board of Education.
6        (i) On the days when the Prairie State Achievement
7    Examination is administered under subsection (c) of
8    Section 2-3.64 of this Code, the day of attendance for a
9    pupil whose school day must be shortened to accommodate
10    required testing procedures may be less than 5 clock hours
11    and shall be counted towards the 176 days of actual pupil
12    attendance required under Section 10-19 of this Code,
13    provided that a sufficient number of minutes of school work
14    in excess of 5 clock hours are first completed on other
15    school days to compensate for the loss of school work on
16    the examination days.
17        (j) Pupils enrolled in a remote educational program
18    established under Section 10-29 of this Code may be counted
19    on the basis of one-fifth day of attendance for every clock
20    hour of instruction attended in the remote educational
21    program, provided that, in any month, the school district
22    may not claim for a student enrolled in a remote
23    educational program more days of attendance than the
24    maximum number of days of attendance the district can claim
25    (i) for students enrolled in a building holding year-round
26    classes if the student is classified as participating in

 

 

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1    the remote educational program on a year-round schedule or
2    (ii) for students enrolled in a building not holding
3    year-round classes if the student is not classified as
4    participating in the remote educational program on a
5    year-round schedule.
 
6(G) Equalized Assessed Valuation Data.
7    (1) For purposes of the calculation of Available Local
8Resources required pursuant to subsection (D), the State Board
9of Education shall secure from the Department of Revenue the
10value as equalized or assessed by the Department of Revenue of
11all taxable property of every school district, together with
12(i) the applicable tax rate used in extending taxes for the
13funds of the district as of September 30 of the previous year
14and (ii) the limiting rate for all school districts subject to
15property tax extension limitations as imposed under the
16Property Tax Extension Limitation Law.
17    The Department of Revenue shall add to the equalized
18assessed value of all taxable property of each school district
19situated entirely or partially within a county that is or was
20subject to the provisions of Section 15-176 or 15-177 of the
21Property Tax Code (a) an amount equal to the total amount by
22which the homestead exemption allowed under Section 15-176 or
2315-177 of the Property Tax Code for real property situated in
24that school district exceeds the total amount that would have
25been allowed in that school district if the maximum reduction

 

 

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1under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
2all other counties in tax year 2003 or (ii) $5,000 in all
3counties in tax year 2004 and thereafter and (b) an amount
4equal to the aggregate amount for the taxable year of all
5additional exemptions under Section 15-175 of the Property Tax
6Code for owners with a household income of $30,000 or less. The
7county clerk of any county that is or was subject to the
8provisions of Section 15-176 or 15-177 of the Property Tax Code
9shall annually calculate and certify to the Department of
10Revenue for each school district all homestead exemption
11amounts under Section 15-176 or 15-177 of the Property Tax Code
12and all amounts of additional exemptions under Section 15-175
13of the Property Tax Code for owners with a household income of
14$30,000 or less. It is the intent of this paragraph that if the
15general homestead exemption for a parcel of property is
16determined under Section 15-176 or 15-177 of the Property Tax
17Code rather than Section 15-175, then the calculation of
18Available Local Resources shall not be affected by the
19difference, if any, between the amount of the general homestead
20exemption allowed for that parcel of property under Section
2115-176 or 15-177 of the Property Tax Code and the amount that
22would have been allowed had the general homestead exemption for
23that parcel of property been determined under Section 15-175 of
24the Property Tax Code. It is further the intent of this
25paragraph that if additional exemptions are allowed under
26Section 15-175 of the Property Tax Code for owners with a

 

 

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1household income of less than $30,000, then the calculation of
2Available Local Resources shall not be affected by the
3difference, if any, because of those additional exemptions.
4    This equalized assessed valuation, as adjusted further by
5the requirements of this subsection, shall be utilized in the
6calculation of Available Local Resources.
7    (2) The equalized assessed valuation in paragraph (1) shall
8be adjusted, as applicable, in the following manner:
9        (a) For the purposes of calculating State aid under
10    this Section, with respect to any part of a school district
11    within a redevelopment project area in respect to which a
12    municipality has adopted tax increment allocation
13    financing pursuant to the Tax Increment Allocation
14    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
15    of the Illinois Municipal Code or the Industrial Jobs
16    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
17    Illinois Municipal Code, no part of the current equalized
18    assessed valuation of real property located in any such
19    project area which is attributable to an increase above the
20    total initial equalized assessed valuation of such
21    property shall be used as part of the equalized assessed
22    valuation of the district, until such time as all
23    redevelopment project costs have been paid, as provided in
24    Section 11-74.4-8 of the Tax Increment Allocation
25    Redevelopment Act or in Section 11-74.6-35 of the
26    Industrial Jobs Recovery Law. For the purpose of the

 

 

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1    equalized assessed valuation of the district, the total
2    initial equalized assessed valuation or the current
3    equalized assessed valuation, whichever is lower, shall be
4    used until such time as all redevelopment project costs
5    have been paid.
6        (b) The real property equalized assessed valuation for
7    a school district shall be adjusted by subtracting from the
8    real property value as equalized or assessed by the
9    Department of Revenue for the district an amount computed
10    by dividing the amount of any abatement of taxes under
11    Section 18-170 of the Property Tax Code by 3.00% for a
12    district maintaining grades kindergarten through 12, by
13    2.30% for a district maintaining grades kindergarten
14    through 8, or by 1.05% for a district maintaining grades 9
15    through 12 and adjusted by an amount computed by dividing
16    the amount of any abatement of taxes under subsection (a)
17    of Section 18-165 of the Property Tax Code by the same
18    percentage rates for district type as specified in this
19    subparagraph (b).
20    (3) For the 1999-2000 school year and each school year
21thereafter, if a school district meets all of the criteria of
22this subsection (G)(3), the school district's Available Local
23Resources shall be calculated under subsection (D) using the
24district's Extension Limitation Equalized Assessed Valuation
25as calculated under this subsection (G)(3).
26    For purposes of this subsection (G)(3) the following terms

 

 

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1shall have the following meanings:
2        "Budget Year": The school year for which general State
3    aid is calculated and awarded under subsection (E).
4        "Base Tax Year": The property tax levy year used to
5    calculate the Budget Year allocation of general State aid.
6        "Preceding Tax Year": The property tax levy year
7    immediately preceding the Base Tax Year.
8        "Base Tax Year's Tax Extension": The product of the
9    equalized assessed valuation utilized by the County Clerk
10    in the Base Tax Year multiplied by the limiting rate as
11    calculated by the County Clerk and defined in the Property
12    Tax Extension Limitation Law.
13        "Preceding Tax Year's Tax Extension": The product of
14    the equalized assessed valuation utilized by the County
15    Clerk in the Preceding Tax Year multiplied by the Operating
16    Tax Rate as defined in subsection (A).
17        "Extension Limitation Ratio": A numerical ratio,
18    certified by the County Clerk, in which the numerator is
19    the Base Tax Year's Tax Extension and the denominator is
20    the Preceding Tax Year's Tax Extension.
21        "Operating Tax Rate": The operating tax rate as defined
22    in subsection (A).
23    If a school district is subject to property tax extension
24limitations as imposed under the Property Tax Extension
25Limitation Law, the State Board of Education shall calculate
26the Extension Limitation Equalized Assessed Valuation of that

 

 

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1district. For the 1999-2000 school year, the Extension
2Limitation Equalized Assessed Valuation of a school district as
3calculated by the State Board of Education shall be equal to
4the product of the district's 1996 Equalized Assessed Valuation
5and the district's Extension Limitation Ratio. Except as
6otherwise provided in this paragraph for a school district that
7has approved or does approve an increase in its limiting rate,
8for the 2000-2001 school year and each school year thereafter,
9the Extension Limitation Equalized Assessed Valuation of a
10school district as calculated by the State Board of Education
11shall be equal to the product of the Equalized Assessed
12Valuation last used in the calculation of general State aid and
13the district's Extension Limitation Ratio. If the Extension
14Limitation Equalized Assessed Valuation of a school district as
15calculated under this subsection (G)(3) is less than the
16district's equalized assessed valuation as calculated pursuant
17to subsections (G)(1) and (G)(2), then for purposes of
18calculating the district's general State aid for the Budget
19Year pursuant to subsection (E), that Extension Limitation
20Equalized Assessed Valuation shall be utilized to calculate the
21district's Available Local Resources under subsection (D). For
22the 2009-2010 school year and each school year thereafter, if a
23school district has approved or does approve an increase in its
24limiting rate, pursuant to Section 18-190 of the Property Tax
25Code, affecting the Base Tax Year, the Extension Limitation
26Equalized Assessed Valuation of the school district, as

 

 

09800SB0589sam001- 23 -LRB098 04797 NHT 58062 a

1calculated by the State Board of Education, shall be equal to
2the product of the Equalized Assessed Valuation last used in
3the calculation of general State aid times an amount equal to
4one plus the percentage increase, if any, in the Consumer Price
5Index for all Urban Consumers for all items published by the
6United States Department of Labor for the 12-month calendar
7year preceding the Base Tax Year, plus the Equalized Assessed
8Valuation of new property, annexed property, and recovered tax
9increment value and minus the Equalized Assessed Valuation of
10disconnected property. New property and recovered tax
11increment value shall have the meanings set forth in the
12Property Tax Extension Limitation Law.
13    Partial elementary unit districts created in accordance
14with Article 11E of this Code shall not be eligible for the
15adjustment in this subsection (G)(3) until the fifth year
16following the effective date of the reorganization.
17    (3.5) For the 2010-2011 school year and each school year
18thereafter, if a school district's boundaries span multiple
19counties, then the Department of Revenue shall send to the
20State Board of Education, for the purpose of calculating
21general State aid, the limiting rate and individual rates by
22purpose for the county that contains the majority of the school
23district's Equalized Assessed Valuation.
24    (4) For the purposes of calculating general State aid for
25the 1999-2000 school year only, if a school district
26experienced a triennial reassessment on the equalized assessed

 

 

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1valuation used in calculating its general State financial aid
2apportionment for the 1998-1999 school year, the State Board of
3Education shall calculate the Extension Limitation Equalized
4Assessed Valuation that would have been used to calculate the
5district's 1998-1999 general State aid. This amount shall equal
6the product of the equalized assessed valuation used to
7calculate general State aid for the 1997-1998 school year and
8the district's Extension Limitation Ratio. If the Extension
9Limitation Equalized Assessed Valuation of the school district
10as calculated under this paragraph (4) is less than the
11district's equalized assessed valuation utilized in
12calculating the district's 1998-1999 general State aid
13allocation, then for purposes of calculating the district's
14general State aid pursuant to paragraph (5) of subsection (E),
15that Extension Limitation Equalized Assessed Valuation shall
16be utilized to calculate the district's Available Local
17Resources.
18    (5) For school districts having a majority of their
19equalized assessed valuation in any county except Cook, DuPage,
20Kane, Lake, McHenry, or Will, if the amount of general State
21aid allocated to the school district for the 1999-2000 school
22year under the provisions of subsection (E), (H), and (J) of
23this Section is less than the amount of general State aid
24allocated to the district for the 1998-1999 school year under
25these subsections, then the general State aid of the district
26for the 1999-2000 school year only shall be increased by the

 

 

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1difference between these amounts. The total payments made under
2this paragraph (5) shall not exceed $14,000,000. Claims shall
3be prorated if they exceed $14,000,000.
 
4(H) Supplemental General State Aid.
5    (1) In addition to the general State aid a school district
6is allotted pursuant to subsection (E), qualifying school
7districts shall receive a grant, paid in conjunction with a
8district's payments of general State aid, for supplemental
9general State aid based upon the concentration level of
10children from low-income households within the school
11district. Supplemental State aid grants provided for school
12districts under this subsection shall be appropriated for
13distribution to school districts as part of the same line item
14in which the general State financial aid of school districts is
15appropriated under this Section. If the appropriation in any
16fiscal year for general State aid and supplemental general
17State aid is insufficient to pay the amounts required under the
18general State aid and supplemental general State aid
19calculations, then the State Board of Education shall adjust
20the payments of general State aid and supplemental general
21State aid in accordance with subsection (d) of Section 18-11 of
22this Code.
23    (1.5) This paragraph (1.5) applies only to those school
24years preceding the 2003-2004 school year. For purposes of this
25subsection (H), the term "Low-Income Concentration Level"

 

 

09800SB0589sam001- 26 -LRB098 04797 NHT 58062 a

1shall be the low-income eligible pupil count from the most
2recently available federal census divided by the Average Daily
3Attendance of the school district. If, however, (i) the
4percentage decrease from the 2 most recent federal censuses in
5the low-income eligible pupil count of a high school district
6with fewer than 400 students exceeds by 75% or more the
7percentage change in the total low-income eligible pupil count
8of contiguous elementary school districts, whose boundaries
9are coterminous with the high school district, or (ii) a high
10school district within 2 counties and serving 5 elementary
11school districts, whose boundaries are coterminous with the
12high school district, has a percentage decrease from the 2 most
13recent federal censuses in the low-income eligible pupil count
14and there is a percentage increase in the total low-income
15eligible pupil count of a majority of the elementary school
16districts in excess of 50% from the 2 most recent federal
17censuses, then the high school district's low-income eligible
18pupil count from the earlier federal census shall be the number
19used as the low-income eligible pupil count for the high school
20district, for purposes of this subsection (H). The changes made
21to this paragraph (1) by Public Act 92-28 shall apply to
22supplemental general State aid grants for school years
23preceding the 2003-2004 school year that are paid in fiscal
24year 1999 or thereafter and to any State aid payments made in
25fiscal year 1994 through fiscal year 1998 pursuant to
26subsection 1(n) of Section 18-8 of this Code (which was

 

 

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1repealed on July 1, 1998), and any high school district that is
2affected by Public Act 92-28 is entitled to a recomputation of
3its supplemental general State aid grant or State aid paid in
4any of those fiscal years. This recomputation shall not be
5affected by any other funding.
6    (1.10) This paragraph (1.10) applies to the 2003-2004
7school year and each school year thereafter. For purposes of
8this subsection (H), the term "Low-Income Concentration Level"
9shall, for each fiscal year, be the low-income eligible pupil
10count as of July 1 of the immediately preceding fiscal year (as
11determined by the Department of Human Services based on the
12number of pupils who are eligible for at least one of the
13following low income programs: Medicaid, the Children's Health
14Insurance Program, TANF, or Food Stamps, excluding pupils who
15are eligible for services provided by the Department of
16Children and Family Services, averaged over the 2 immediately
17preceding fiscal years for fiscal year 2004 and over the 3
18immediately preceding fiscal years for each fiscal year
19thereafter) divided by the Average Daily Attendance of the
20school district.
21    (2) Supplemental general State aid pursuant to this
22subsection (H) shall be provided as follows for the 1998-1999,
231999-2000, and 2000-2001 school years only:
24        (a) For any school district with a Low Income
25    Concentration Level of at least 20% and less than 35%, the
26    grant for any school year shall be $800 multiplied by the

 

 

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1    low income eligible pupil count.
2        (b) For any school district with a Low Income
3    Concentration Level of at least 35% and less than 50%, the
4    grant for the 1998-1999 school year shall be $1,100
5    multiplied by the low income eligible pupil count.
6        (c) For any school district with a Low Income
7    Concentration Level of at least 50% and less than 60%, the
8    grant for the 1998-99 school year shall be $1,500
9    multiplied by the low income eligible pupil count.
10        (d) For any school district with a Low Income
11    Concentration Level of 60% or more, the grant for the
12    1998-99 school year shall be $1,900 multiplied by the low
13    income eligible pupil count.
14        (e) For the 1999-2000 school year, the per pupil amount
15    specified in subparagraphs (b), (c), and (d) immediately
16    above shall be increased to $1,243, $1,600, and $2,000,
17    respectively.
18        (f) For the 2000-2001 school year, the per pupil
19    amounts specified in subparagraphs (b), (c), and (d)
20    immediately above shall be $1,273, $1,640, and $2,050,
21    respectively.
22    (2.5) Supplemental general State aid pursuant to this
23subsection (H) shall be provided as follows for the 2002-2003
24school year:
25        (a) For any school district with a Low Income
26    Concentration Level of less than 10%, the grant for each

 

 

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1    school year shall be $355 multiplied by the low income
2    eligible pupil count.
3        (b) For any school district with a Low Income
4    Concentration Level of at least 10% and less than 20%, the
5    grant for each school year shall be $675 multiplied by the
6    low income eligible pupil count.
7        (c) For any school district with a Low Income
8    Concentration Level of at least 20% and less than 35%, the
9    grant for each school year shall be $1,330 multiplied by
10    the low income eligible pupil count.
11        (d) For any school district with a Low Income
12    Concentration Level of at least 35% and less than 50%, the
13    grant for each school year shall be $1,362 multiplied by
14    the low income eligible pupil count.
15        (e) For any school district with a Low Income
16    Concentration Level of at least 50% and less than 60%, the
17    grant for each school year shall be $1,680 multiplied by
18    the low income eligible pupil count.
19        (f) For any school district with a Low Income
20    Concentration Level of 60% or more, the grant for each
21    school year shall be $2,080 multiplied by the low income
22    eligible pupil count.
23    (2.10) Except as otherwise provided, supplemental general
24State aid pursuant to this subsection (H) shall be provided as
25follows for the 2003-2004 school year and each school year
26thereafter:

 

 

09800SB0589sam001- 30 -LRB098 04797 NHT 58062 a

1        (a) For any school district with a Low Income
2    Concentration Level of 15% or less, the grant for each
3    school year shall be $355 multiplied by the low income
4    eligible pupil count.
5        (b) For any school district with a Low Income
6    Concentration Level greater than 15%, the grant for each
7    school year shall be $294.25 added to the product of $2,700
8    and the square of the Low Income Concentration Level, all
9    multiplied by the low income eligible pupil count.
10    For the 2003-2004 school year and each school year
11thereafter through the 2008-2009 school year only, the grant
12shall be no less than the grant for the 2002-2003 school year.
13For the 2009-2010 school year only, the grant shall be no less
14than the grant for the 2002-2003 school year multiplied by
150.66. For the 2010-2011 school year only, the grant shall be no
16less than the grant for the 2002-2003 school year multiplied by
170.33. Notwithstanding the provisions of this paragraph to the
18contrary, if for any school year supplemental general State aid
19grants are prorated as provided in paragraph (1) of this
20subsection (H), then the grants under this paragraph shall be
21prorated.
22    For the 2003-2004 school year only, the grant shall be no
23greater than the grant received during the 2002-2003 school
24year added to the product of 0.25 multiplied by the difference
25between the grant amount calculated under subsection (a) or (b)
26of this paragraph (2.10), whichever is applicable, and the

 

 

09800SB0589sam001- 31 -LRB098 04797 NHT 58062 a

1grant received during the 2002-2003 school year. For the
22004-2005 school year only, the grant shall be no greater than
3the grant received during the 2002-2003 school year added to
4the product of 0.50 multiplied by the difference between the
5grant amount calculated under subsection (a) or (b) of this
6paragraph (2.10), whichever is applicable, and the grant
7received during the 2002-2003 school year. For the 2005-2006
8school year only, the grant shall be no greater than the grant
9received during the 2002-2003 school year added to the product
10of 0.75 multiplied by the difference between the grant amount
11calculated under subsection (a) or (b) of this paragraph
12(2.10), whichever is applicable, and the grant received during
13the 2002-2003 school year.
14    (3) School districts with an Average Daily Attendance of
15more than 1,000 and less than 50,000 that qualify for
16supplemental general State aid pursuant to this subsection
17shall submit a plan to the State Board of Education prior to
18October 30 of each year for the use of the funds resulting from
19this grant of supplemental general State aid for the
20improvement of instruction in which priority is given to
21meeting the education needs of disadvantaged children. Such
22plan shall be submitted in accordance with rules and
23regulations promulgated by the State Board of Education.
24    (4) School districts with an Average Daily Attendance of
2550,000 or more that qualify for supplemental general State aid
26pursuant to this subsection shall be required to distribute

 

 

09800SB0589sam001- 32 -LRB098 04797 NHT 58062 a

1from funds available pursuant to this Section, no less than
2$261,000,000 in accordance with the following requirements:
3        (a) The required amounts shall be distributed to the
4    attendance centers within the district in proportion to the
5    number of pupils enrolled at each attendance center who are
6    eligible to receive free or reduced-price lunches or
7    breakfasts under the federal Child Nutrition Act of 1966
8    and under the National School Lunch Act during the
9    immediately preceding school year.
10        (b) The distribution of these portions of supplemental
11    and general State aid among attendance centers according to
12    these requirements shall not be compensated for or
13    contravened by adjustments of the total of other funds
14    appropriated to any attendance centers, and the Board of
15    Education shall utilize funding from one or several sources
16    in order to fully implement this provision annually prior
17    to the opening of school.
18        (c) Each attendance center shall be provided by the
19    school district a distribution of noncategorical funds and
20    other categorical funds to which an attendance center is
21    entitled under law in order that the general State aid and
22    supplemental general State aid provided by application of
23    this subsection supplements rather than supplants the
24    noncategorical funds and other categorical funds provided
25    by the school district to the attendance centers.
26        (d) Any funds made available under this subsection that

 

 

09800SB0589sam001- 33 -LRB098 04797 NHT 58062 a

1    by reason of the provisions of this subsection are not
2    required to be allocated and provided to attendance centers
3    may be used and appropriated by the board of the district
4    for any lawful school purpose.
5        (e) Funds received by an attendance center pursuant to
6    this subsection shall be used by the attendance center at
7    the discretion of the principal and local school council
8    for programs to improve educational opportunities at
9    qualifying schools through the following programs and
10    services: early childhood education, reduced class size or
11    improved adult to student classroom ratio, enrichment
12    programs, remedial assistance, attendance improvement, and
13    other educationally beneficial expenditures which
14    supplement the regular and basic programs as determined by
15    the State Board of Education. Funds provided shall not be
16    expended for any political or lobbying purposes as defined
17    by board rule.
18        (f) Each district subject to the provisions of this
19    subdivision (H)(4) shall submit an acceptable plan to meet
20    the educational needs of disadvantaged children, in
21    compliance with the requirements of this paragraph, to the
22    State Board of Education prior to July 15 of each year.
23    This plan shall be consistent with the decisions of local
24    school councils concerning the school expenditure plans
25    developed in accordance with part 4 of Section 34-2.3. The
26    State Board shall approve or reject the plan within 60 days

 

 

09800SB0589sam001- 34 -LRB098 04797 NHT 58062 a

1    after its submission. If the plan is rejected, the district
2    shall give written notice of intent to modify the plan
3    within 15 days of the notification of rejection and then
4    submit a modified plan within 30 days after the date of the
5    written notice of intent to modify. Districts may amend
6    approved plans pursuant to rules promulgated by the State
7    Board of Education.
8        Upon notification by the State Board of Education that
9    the district has not submitted a plan prior to July 15 or a
10    modified plan within the time period specified herein, the
11    State aid funds affected by that plan or modified plan
12    shall be withheld by the State Board of Education until a
13    plan or modified plan is submitted.
14        If the district fails to distribute State aid to
15    attendance centers in accordance with an approved plan, the
16    plan for the following year shall allocate funds, in
17    addition to the funds otherwise required by this
18    subsection, to those attendance centers which were
19    underfunded during the previous year in amounts equal to
20    such underfunding.
21        For purposes of determining compliance with this
22    subsection in relation to the requirements of attendance
23    center funding, each district subject to the provisions of
24    this subsection shall submit as a separate document by
25    December 1 of each year a report of expenditure data for
26    the prior year in addition to any modification of its

 

 

09800SB0589sam001- 35 -LRB098 04797 NHT 58062 a

1    current plan. If it is determined that there has been a
2    failure to comply with the expenditure provisions of this
3    subsection regarding contravention or supplanting, the
4    State Superintendent of Education shall, within 60 days of
5    receipt of the report, notify the district and any affected
6    local school council. The district shall within 45 days of
7    receipt of that notification inform the State
8    Superintendent of Education of the remedial or corrective
9    action to be taken, whether by amendment of the current
10    plan, if feasible, or by adjustment in the plan for the
11    following year. Failure to provide the expenditure report
12    or the notification of remedial or corrective action in a
13    timely manner shall result in a withholding of the affected
14    funds.
15        The State Board of Education shall promulgate rules and
16    regulations to implement the provisions of this
17    subsection. No funds shall be released under this
18    subdivision (H)(4) to any district that has not submitted a
19    plan that has been approved by the State Board of
20    Education.
 
21(I) (Blank).
 
22(J) (Blank).
 
23(K) Grants to Laboratory and Alternative Schools.

 

 

09800SB0589sam001- 36 -LRB098 04797 NHT 58062 a

1    In calculating the amount to be paid to the governing board
2of a public university that operates a laboratory school under
3this Section or to any alternative school that is operated by a
4regional superintendent of schools, the State Board of
5Education shall require by rule such reporting requirements as
6it deems necessary.
7    As used in this Section, "laboratory school" means a public
8school which is created and operated by a public university and
9approved by the State Board of Education. The governing board
10of a public university which receives funds from the State
11Board under this subsection (K) may not increase the number of
12students enrolled in its laboratory school from a single
13district, if that district is already sending 50 or more
14students, except under a mutual agreement between the school
15board of a student's district of residence and the university
16which operates the laboratory school. A laboratory school may
17not have more than 1,000 students, excluding students with
18disabilities in a special education program.
19    As used in this Section, "alternative school" means a
20public school which is created and operated by a Regional
21Superintendent of Schools and approved by the State Board of
22Education. Such alternative schools may offer courses of
23instruction for which credit is given in regular school
24programs, courses to prepare students for the high school
25equivalency testing program or vocational and occupational
26training. A regional superintendent of schools may contract

 

 

09800SB0589sam001- 37 -LRB098 04797 NHT 58062 a

1with a school district or a public community college district
2to operate an alternative school. An alternative school serving
3more than one educational service region may be established by
4the regional superintendents of schools of the affected
5educational service regions. An alternative school serving
6more than one educational service region may be operated under
7such terms as the regional superintendents of schools of those
8educational service regions may agree.
9    Each laboratory and alternative school shall file, on forms
10provided by the State Superintendent of Education, an annual
11State aid claim which states the Average Daily Attendance of
12the school's students by month. The best 3 months' Average
13Daily Attendance shall be computed for each school. The general
14State aid entitlement shall be computed by multiplying the
15applicable Average Daily Attendance by the Foundation Level as
16determined under this Section.
 
17(L) Payments, Additional Grants in Aid and Other Requirements.
18    (1) For a school district operating under the financial
19supervision of an Authority created under Article 34A, the
20general State aid otherwise payable to that district under this
21Section, but not the supplemental general State aid, shall be
22reduced by an amount equal to the budget for the operations of
23the Authority as certified by the Authority to the State Board
24of Education, and an amount equal to such reduction shall be
25paid to the Authority created for such district for its

 

 

09800SB0589sam001- 38 -LRB098 04797 NHT 58062 a

1operating expenses in the manner provided in Section 18-11. The
2remainder of general State school aid for any such district
3shall be paid in accordance with Article 34A when that Article
4provides for a disposition other than that provided by this
5Article.
6    (2) (Blank).
7    (3) Summer school. Summer school payments shall be made as
8provided in Section 18-4.3.
 
9(M) Education Funding Advisory Board.
10    The Education Funding Advisory Board, hereinafter in this
11subsection (M) referred to as the "Board", is hereby created.
12The Board shall consist of 5 members who are appointed by the
13Governor, by and with the advice and consent of the Senate. The
14members appointed shall include representatives of education,
15business, and the general public. One of the members so
16appointed shall be designated by the Governor at the time the
17appointment is made as the chairperson of the Board. The
18initial members of the Board may be appointed any time after
19the effective date of this amendatory Act of 1997. The regular
20term of each member of the Board shall be for 4 years from the
21third Monday of January of the year in which the term of the
22member's appointment is to commence, except that of the 5
23initial members appointed to serve on the Board, the member who
24is appointed as the chairperson shall serve for a term that
25commences on the date of his or her appointment and expires on

 

 

09800SB0589sam001- 39 -LRB098 04797 NHT 58062 a

1the third Monday of January, 2002, and the remaining 4 members,
2by lots drawn at the first meeting of the Board that is held
3after all 5 members are appointed, shall determine 2 of their
4number to serve for terms that commence on the date of their
5respective appointments and expire on the third Monday of
6January, 2001, and 2 of their number to serve for terms that
7commence on the date of their respective appointments and
8expire on the third Monday of January, 2000. All members
9appointed to serve on the Board shall serve until their
10respective successors are appointed and confirmed. Vacancies
11shall be filled in the same manner as original appointments. If
12a vacancy in membership occurs at a time when the Senate is not
13in session, the Governor shall make a temporary appointment
14until the next meeting of the Senate, when he or she shall
15appoint, by and with the advice and consent of the Senate, a
16person to fill that membership for the unexpired term. If the
17Senate is not in session when the initial appointments are
18made, those appointments shall be made as in the case of
19vacancies.
20    The Education Funding Advisory Board shall be deemed
21established, and the initial members appointed by the Governor
22to serve as members of the Board shall take office, on the date
23that the Governor makes his or her appointment of the fifth
24initial member of the Board, whether those initial members are
25then serving pursuant to appointment and confirmation or
26pursuant to temporary appointments that are made by the

 

 

09800SB0589sam001- 40 -LRB098 04797 NHT 58062 a

1Governor as in the case of vacancies.
2    The State Board of Education shall provide such staff
3assistance to the Education Funding Advisory Board as is
4reasonably required for the proper performance by the Board of
5its responsibilities.
6    For school years after the 2000-2001 school year, the
7Education Funding Advisory Board, in consultation with the
8State Board of Education, shall make recommendations as
9provided in this subsection (M) to the General Assembly for the
10foundation level under subdivision (B)(3) of this Section and
11for the supplemental general State aid grant level under
12subsection (H) of this Section for districts with high
13concentrations of children from poverty. The recommended
14foundation level shall be determined based on a methodology
15which incorporates the basic education expenditures of
16low-spending schools exhibiting high academic performance. The
17Education Funding Advisory Board shall make such
18recommendations to the General Assembly on January 1 of odd
19numbered years, beginning January 1, 2001.
 
20(N) (Blank).
 
21(O) References.
22    (1) References in other laws to the various subdivisions of
23Section 18-8 as that Section existed before its repeal and
24replacement by this Section 18-8.05 shall be deemed to refer to

 

 

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1the corresponding provisions of this Section 18-8.05, to the
2extent that those references remain applicable.
3    (2) References in other laws to State Chapter 1 funds shall
4be deemed to refer to the supplemental general State aid
5provided under subsection (H) of this Section.
 
6(P) Public Act 93-838 and Public Act 93-808 make inconsistent
7changes to this Section. Under Section 6 of the Statute on
8Statutes there is an irreconcilable conflict between Public Act
993-808 and Public Act 93-838. Public Act 93-838, being the last
10acted upon, is controlling. The text of Public Act 93-838 is
11the law regardless of the text of Public Act 93-808.
12(Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300,
13eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09;
1496-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff.
1511-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742,
16eff. 6-30-13; 97-813, eff. 7-13-12.)
 
17    (105 ILCS 5/18-11)  (from Ch. 122, par. 18-11)
18    Sec. 18-11. Payment of claims.
19    (a) With respect to payments for each fiscal year before
20fiscal year 2009, except payments for the period of June 1982
21through July 1983 and payments for fiscal year 1994, as soon as
22may be after the 10th and 20th days of each of the months of
23August through the following July, if moneys are available in
24the common school fund in the State treasury for payments under

 

 

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1Sections 18-8.05 through 18-9, the State Comptroller shall draw
2his warrants upon the State Treasurer as directed by the State
3Board of Education pursuant to Section 2-3.17b and in
4accordance with the transfers from the General Revenue Fund to
5the Common School Fund as specified in Section 8a of the State
6Finance Act.
7    Each such semimonthly warrant shall be in an amount equal
8to 1/24 of the total amount to be distributed to school
9districts for the fiscal year. The amount of payments made in
10July of each year shall be considered as payments for claims
11covering the school year that commenced during the immediately
12preceding calendar year. If the payments provided for under
13Sections 18-8.05 through 18-9 have been assigned as security
14for State aid anticipation certificates pursuant to Section
1518-18, the State Board of Education shall pay the appropriate
16amount of the payment, as specified in the notification
17required by Section 18-18, directly to the assignee.
18    (a-5) With respect to payments made under Sections 18-8.05
19through 18-10 of this Code for fiscal year 2009 and each fiscal
20year thereafter, as soon as may be after the 10th and 20th days
21of each of the months of August through the following June, if
22moneys are available in the Common School Fund in the State
23treasury for payments under Sections 18-8.05 through 18-10 of
24this Code, the State Comptroller shall draw his or her warrants
25upon the State Treasurer as directed by the State Board of
26Education pursuant to Section 2-3.17b of this Code and in

 

 

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1accordance with the transfers from the General Revenue Fund to
2the Common School Fund as specified in Section 8a of the State
3Finance Act.
4    Each such semimonthly warrant shall be in an amount equal
5to 1/22 of the total amount to be distributed to school
6districts for the fiscal year. If the payments provided for
7under Sections 18-8.05 through 18-10 of this Code have been
8assigned as security for State aid anticipation certificates
9pursuant to Section 18-18 of this Code, then the State Board of
10Education shall pay the appropriate amount of the payment, as
11specified in the notification required by Section 18-18 of this
12Code, directly to the assignee.
13    (b) (Blank).
14    (c) (Blank).
15    (d) If the appropriation in any fiscal year for general
16State aid and supplemental general State aid under Section
1718-8.05 of this Code is insufficient to pay the amounts
18required under the general State aid and supplemental general
19State aid calculations, then the State Board of Education shall
20adjust the payments of general State aid and supplemental
21general State aid for that fiscal year in the following manner:
22        (1) The State Board of Education shall calculate a
23    level cut amount, to be evenly applied against all school
24    district claims for general State aid and supplemental
25    general State aid, on a per pupil basis using each
26    district's average daily attendance, as defined in

 

 

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1    paragraph (2) of subsection (C) of Section 18-8.05 of this
2    Code, so that the total reduction to district claims using
3    the level cut amount equals the difference between the
4    appropriation for general State aid and supplemental
5    general State aid and the amounts otherwise required under
6    the general State aid and supplemental general State aid
7    calculations.
8        (2) The "loss cap" is the maximum amount a school
9    district can lose from their operating expenditure due to
10    an under-appropriation of general State aid. It is
11    calculated using the following methodology: calculate a
12    percentage loss for each district by dividing the level cut
13    amount, calculated pursuant to subdivision (1) of this
14    subsection (d), by operating expenditure per pupil, as
15    determined by the district's most recent annual financial
16    report, then calculate the loss cap equal to the average
17    percentage loss in districts weighted by average daily
18    attendance.
19        (3) Each school district's total amount of general
20    State aid and supplemental general State aid for the fiscal
21    year must be reduced by the lesser of (i) the level cut
22    amount multiplied by the district's average daily
23    attendance; (ii) the loss cap multiplied by the district's
24    operating expense per pupil, determined by the district's
25    most recent annual financial report, multiplied by the
26    district's average daily attendance, as defined in

 

 

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1    paragraph (2) of subsection (C) of Section 18-8.05 of this
2    Code; or (iii) the school district's total claim for
3    general State aid and supplemental general State aid.
4        (4) In the case when an entity receives general State
5    aid, but does not have an operating expense per pupil, the
6    cut shall be either (i) the level cut amount multiplied by
7    the entity's average daily attendance or (ii) the entity's
8    total claim for general State aid and supplemental general
9    State aid.
10        (5) The State Board of Education shall adjust the level
11    cut described in subdivision (1) of this subsection (d) so
12    that the total payments to school districts for general
13    State aid and supplemental general State aid equals the
14    appropriation for general State aid and supplemental
15    general State aid.
16        (6) If, subject to subdivision (4) of this subsection
17    (d), total payments are still greater than appropriations
18    for general State aid, then the State Board of Education
19    shall adjust the operating expenditures loss cap until
20    total payments equal the appropriation.
21        (7) The State Board of Education may not use the
22    calculations described in this subsection (d) to reduce any
23    payments to school districts, other than general State aid
24    and supplemental general State aid, for the fiscal year for
25    which such calculations are applied.
26(Source: P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07;

 

 

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195-835, eff. 8-15-08.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".