Rep. William Davis

Filed: 5/23/2016

 

 


 

 


 
09900HB0828ham001LRB099 04648 MLM 49099 a

1
AMENDMENT TO HOUSE BILL 828

2    AMENDMENT NO. ______. Amend House Bill 828 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
518-8.05 and by adding Section 18-8.15 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 through the 2016-2017 and subsequent
10school years.
 
11(A) General Provisions.
12    (1) The provisions of this Section apply to the 1998-1999
13through the 2016-2017 and subsequent school years. The system
14of general State financial aid provided for in this Section is
15designed to assure that, through a combination of State

 

 

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1financial aid and required local resources, the financial
2support provided each pupil in Average Daily Attendance equals
3or exceeds a prescribed per pupil Foundation Level. This
4formula approach imputes a level of per pupil Available Local
5Resources and provides for the basis to calculate a per pupil
6level of general State financial aid that, when added to
7Available Local Resources, equals or exceeds the Foundation
8Level. The amount of per pupil general State financial aid for
9school districts, in general, varies in inverse relation to
10Available Local Resources. Per pupil amounts are based upon
11each school district's Average Daily Attendance as that term is
12defined in this Section.
13    (2) In addition to general State financial aid, school
14districts with specified levels or concentrations of pupils
15from low income households are eligible to receive supplemental
16general State financial aid grants as provided pursuant to
17subsection (H). The supplemental State aid grants provided for
18school districts under subsection (H) shall be appropriated for
19distribution to school districts as part of the same line item
20in which the general State financial aid of school districts is
21appropriated under this Section.
22    (3) To receive financial assistance under this Section,
23school districts are required to file claims with the State
24Board of Education, subject to the following requirements:
25        (a) Any school district which fails for any given
26    school year to maintain school as required by law, or to

 

 

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

 

 

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

 

 

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1    Education Building purposes.
 
2(B) Foundation Level.
3    (1) The Foundation Level is a figure established by the
4State representing the minimum level of per pupil financial
5support that should be available to provide for the basic
6education of each pupil in Average Daily Attendance. As set
7forth in this Section, each school district is assumed to exert
8a sufficient local taxing effort such that, in combination with
9the aggregate of general State financial aid provided the
10district, an aggregate of State and local resources are
11available to meet the basic education needs of pupils in the
12district.
13    (2) For the 1998-1999 school year, the Foundation Level of
14support is $4,225. For the 1999-2000 school year, the
15Foundation Level of support is $4,325. For the 2000-2001 school
16year, the Foundation Level of support is $4,425. For the
172001-2002 school year and 2002-2003 school year, the Foundation
18Level of support is $4,560. For the 2003-2004 school year, the
19Foundation Level of support is $4,810. For the 2004-2005 school
20year, the Foundation Level of support is $4,964. For the
212005-2006 school year, the Foundation Level of support is
22$5,164. For the 2006-2007 school year, the Foundation Level of
23support is $5,334. For the 2007-2008 school year, the
24Foundation Level of support is $5,734. For the 2008-2009 school
25year, the Foundation Level of support is $5,959.

 

 

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1    (3) For the 2009-2010 school year and each school year
2thereafter, the Foundation Level of support is $6,119 or such
3greater amount as may be established by law by the General
4Assembly.
 
5(C) Average Daily Attendance.
6    (1) For purposes of calculating general State aid pursuant
7to subsection (E), an Average Daily Attendance figure shall be
8utilized. The Average Daily Attendance figure for formula
9calculation purposes shall be the monthly average of the actual
10number of pupils in attendance of each school district, as
11further averaged for the best 3 months of pupil attendance for
12each school district. In compiling the figures for the number
13of pupils in attendance, school districts and the State Board
14of Education shall, for purposes of general State aid funding,
15conform attendance figures to the requirements of subsection
16(F).
17    (2) The Average Daily Attendance figures utilized in
18subsection (E) shall be the requisite attendance data for the
19school year immediately preceding the school year for which
20general State aid is being calculated or the average of the
21attendance data for the 3 preceding school years, whichever is
22greater. The Average Daily Attendance figures utilized in
23subsection (H) shall be the requisite attendance data for the
24school year immediately preceding the school year for which
25general 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

 

 

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1district multiplied by 2.30%, and divided by the district's
2Average Daily Attendance figure. For school districts
3maintaining grades 9 through 12, local property tax revenues
4per pupil shall be the applicable equalized assessed valuation
5of the district multiplied by 1.05%, and divided by the
6district's Average Daily Attendance figure.
7    For partial elementary unit districts created pursuant to
8Article 11E of this Code, local property tax revenues per pupil
9shall be calculated as the product of the equalized assessed
10valuation for property within the partial elementary unit
11district for elementary purposes, as defined in Article 11E of
12this Code, multiplied by 2.06% and divided by the district's
13Average Daily Attendance figure, plus the product of the
14equalized assessed valuation for property within the partial
15elementary unit district for high school purposes, as defined
16in Article 11E of this Code, multiplied by 0.94% and divided by
17the district's Average Daily Attendance figure.
18    (4) The Corporate Personal Property Replacement Taxes paid
19to each school district during the calendar year one year
20before the calendar year in which a school year begins, divided
21by the Average Daily Attendance figure for that district, shall
22be added to the local property tax revenues per pupil as
23derived by the application of the immediately preceding
24paragraph (3). The sum of these per pupil figures for each
25school district shall constitute Available Local Resources as
26that term is utilized in subsection (E) in the calculation of

 

 

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1general State aid.
 
2(E) Computation of General State Aid.
3    (1) For each school year, the amount of general State aid
4allotted to a school district shall be computed by the State
5Board of Education as provided in this subsection.
6    (2) For any school district for which Available Local
7Resources per pupil is less than the product of 0.93 times the
8Foundation Level, general State aid for that district shall be
9calculated as an amount equal to the Foundation Level minus
10Available Local Resources, multiplied by the Average Daily
11Attendance of the school district.
12    (3) For any school district for which Available Local
13Resources per pupil is equal to or greater than the product of
140.93 times the Foundation Level and less than the product of
151.75 times the Foundation Level, the general State aid per
16pupil shall be a decimal proportion of the Foundation Level
17derived using a linear algorithm. Under this linear algorithm,
18the calculated general State aid per pupil shall decline in
19direct linear fashion from 0.07 times the Foundation Level for
20a school district with Available Local Resources equal to the
21product of 0.93 times the Foundation Level, to 0.05 times the
22Foundation Level for a school district with Available Local
23Resources equal to the product of 1.75 times the Foundation
24Level. The allocation of general State aid for school districts
25subject to this paragraph 3 shall be the calculated general

 

 

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

 

 

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

 

 

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1supervision of: (i) teachers, or (ii) non-teaching personnel or
2volunteer personnel when engaging in non-teaching duties and
3supervising in those instances specified in subsection (a) of
4Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
5of legal school age and in kindergarten and grades 1 through
612. Days of attendance by pupils through verified participation
7in an e-learning program approved by the State Board of
8Education under Section 10-20.56 of the Code shall be
9considered as full days of attendance for purposes of this
10Section.
11    Days of attendance by tuition pupils shall be accredited
12only to the districts that pay the tuition to a recognized
13school.
14    (2) Days of attendance by pupils of less than 5 clock hours
15of school shall be subject to the following provisions in the
16compilation of Average Daily Attendance.
17        (a) Pupils regularly enrolled in a public school for
18    only a part of the school day may be counted on the basis
19    of 1/6 day for every class hour of instruction of 40
20    minutes or more attended pursuant to such enrollment,
21    unless a pupil is enrolled in a block-schedule format of 80
22    minutes or more of instruction, in which case the pupil may
23    be counted on the basis of the proportion of minutes of
24    school work completed each day to the minimum number of
25    minutes that school work is required to be held that day.
26        (b) (Blank).

 

 

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

 

 

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

 

 

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

 

 

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1    school, unless the school district obtains permission in
2    writing from the State Superintendent of Education.
3    Attendance at kindergartens which provide for a full day of
4    attendance by each pupil shall be counted the same as
5    attendance by first grade pupils. Only the first year of
6    attendance in one kindergarten shall be counted, except in
7    case of children who entered the kindergarten in their
8    fifth year whose educational development requires a second
9    year of kindergarten as determined under the rules and
10    regulations of the State Board of Education.
11        (i) On the days when the assessment that includes a
12    college and career ready determination is administered
13    under subsection (c) of Section 2-3.64a-5 of this Code, the
14    day of attendance for a pupil whose school day must be
15    shortened to accommodate required testing procedures may
16    be less than 5 clock hours and shall be counted towards the
17    176 days of actual pupil attendance required under Section
18    10-19 of this Code, provided that a sufficient number of
19    minutes of school work in excess of 5 clock hours are first
20    completed on other school days to compensate for the loss
21    of school work on the examination days.
22        (j) Pupils enrolled in a remote educational program
23    established under Section 10-29 of this Code may be counted
24    on the basis of one-fifth day of attendance for every clock
25    hour of instruction attended in the remote educational
26    program, provided that, in any month, the school district

 

 

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1    may not claim for a student enrolled in a remote
2    educational program more days of attendance than the
3    maximum number of days of attendance the district can claim
4    (i) for students enrolled in a building holding year-round
5    classes if the student is classified as participating in
6    the remote educational program on a year-round schedule or
7    (ii) for students enrolled in a building not holding
8    year-round classes if the student is not classified as
9    participating in the remote educational program on a
10    year-round schedule.
 
11(G) Equalized Assessed Valuation Data.
12    (1) For purposes of the calculation of Available Local
13Resources required pursuant to subsection (D), the State Board
14of Education shall secure from the Department of Revenue the
15value as equalized or assessed by the Department of Revenue of
16all taxable property of every school district, together with
17(i) the applicable tax rate used in extending taxes for the
18funds of the district as of September 30 of the previous year
19and (ii) the limiting rate for all school districts subject to
20property tax extension limitations as imposed under the
21Property Tax Extension Limitation Law.
22    The Department of Revenue shall add to the equalized
23assessed value of all taxable property of each school district
24situated entirely or partially within a county that is or was
25subject to the provisions of Section 15-176 or 15-177 of the

 

 

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1Property Tax Code (a) an amount equal to the total amount by
2which the homestead exemption allowed under Section 15-176 or
315-177 of the Property Tax Code for real property situated in
4that school district exceeds the total amount that would have
5been allowed in that school district if the maximum reduction
6under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
7all other counties in tax year 2003 or (ii) $5,000 in all
8counties in tax year 2004 and thereafter and (b) an amount
9equal to the aggregate amount for the taxable year of all
10additional exemptions under Section 15-175 of the Property Tax
11Code for owners with a household income of $30,000 or less. The
12county clerk of any county that is or was subject to the
13provisions of Section 15-176 or 15-177 of the Property Tax Code
14shall annually calculate and certify to the Department of
15Revenue for each school district all homestead exemption
16amounts under Section 15-176 or 15-177 of the Property Tax Code
17and all amounts of additional exemptions under Section 15-175
18of the Property Tax Code for owners with a household income of
19$30,000 or less. It is the intent of this paragraph that if the
20general homestead exemption for a parcel of property is
21determined under Section 15-176 or 15-177 of the Property Tax
22Code rather than Section 15-175, then the calculation of
23Available Local Resources shall not be affected by the
24difference, if any, between the amount of the general homestead
25exemption allowed for that parcel of property under Section
2615-176 or 15-177 of the Property Tax Code and the amount that

 

 

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1would have been allowed had the general homestead exemption for
2that parcel of property been determined under Section 15-175 of
3the Property Tax Code. It is further the intent of this
4paragraph that if additional exemptions are allowed under
5Section 15-175 of the Property Tax Code for owners with a
6household income of less than $30,000, then the calculation of
7Available Local Resources shall not be affected by the
8difference, if any, because of those additional exemptions.
9    This equalized assessed valuation, as adjusted further by
10the requirements of this subsection, shall be utilized in the
11calculation of Available Local Resources.
12    (2) The equalized assessed valuation in paragraph (1) shall
13be adjusted, as applicable, in the following manner:
14        (a) For the purposes of calculating State aid under
15    this Section, with respect to any part of a school district
16    within a redevelopment project area in respect to which a
17    municipality has adopted tax increment allocation
18    financing pursuant to the Tax Increment Allocation
19    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
20    of the Illinois Municipal Code or the Industrial Jobs
21    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
22    Illinois Municipal Code, no part of the current equalized
23    assessed valuation of real property located in any such
24    project area which is attributable to an increase above the
25    total initial equalized assessed valuation of such
26    property shall be used as part of the equalized assessed

 

 

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1    valuation of the district, until such time as all
2    redevelopment project costs have been paid, as provided in
3    Section 11-74.4-8 of the Tax Increment Allocation
4    Redevelopment Act or in Section 11-74.6-35 of the
5    Industrial Jobs Recovery Law. For the purpose of the
6    equalized assessed valuation of the district, the total
7    initial equalized assessed valuation or the current
8    equalized assessed valuation, whichever is lower, shall be
9    used until such time as all redevelopment project costs
10    have been paid.
11        (b) The real property equalized assessed valuation for
12    a school district shall be adjusted by subtracting from the
13    real property value as equalized or assessed by the
14    Department of Revenue for the district an amount computed
15    by dividing the amount of any abatement of taxes under
16    Section 18-170 of the Property Tax Code by 3.00% for a
17    district maintaining grades kindergarten through 12, by
18    2.30% for a district maintaining grades kindergarten
19    through 8, or by 1.05% for a district maintaining grades 9
20    through 12 and adjusted by an amount computed by dividing
21    the amount of any abatement of taxes under subsection (a)
22    of Section 18-165 of the Property Tax Code by the same
23    percentage rates for district type as specified in this
24    subparagraph (b).
25    (3) For the 1999-2000 school year and each school year
26thereafter, if a school district meets all of the criteria of

 

 

09900HB0828ham001- 21 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 22 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 23 -LRB099 04648 MLM 49099 a

1the 2009-2010 school year and each school year thereafter, if a
2school district has approved or does approve an increase in its
3limiting rate, pursuant to Section 18-190 of the Property Tax
4Code, affecting the Base Tax Year, the Extension Limitation
5Equalized Assessed Valuation of the school district, as
6calculated by the State Board of Education, shall be equal to
7the product of the Equalized Assessed Valuation last used in
8the calculation of general State aid times an amount equal to
9one plus the percentage increase, if any, in the Consumer Price
10Index for all Urban Consumers for all items published by the
11United States Department of Labor for the 12-month calendar
12year preceding the Base Tax Year, plus the Equalized Assessed
13Valuation of new property, annexed property, and recovered tax
14increment value and minus the Equalized Assessed Valuation of
15disconnected property. New property and recovered tax
16increment value shall have the meanings set forth in the
17Property Tax Extension Limitation Law.
18    Partial elementary unit districts created in accordance
19with Article 11E of this Code shall not be eligible for the
20adjustment in this subsection (G)(3) until the fifth year
21following the effective date of the reorganization.
22    (3.5) For the 2010-2011 school year and each school year
23thereafter, if a school district's boundaries span multiple
24counties, then the Department of Revenue shall send to the
25State Board of Education, for the purpose of calculating
26general State aid, the limiting rate and individual rates by

 

 

09900HB0828ham001- 24 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 25 -LRB099 04648 MLM 49099 a

1year under the provisions of subsection (E), (H), and (J) of
2this Section is less than the amount of general State aid
3allocated to the district for the 1998-1999 school year under
4these subsections, then the general State aid of the district
5for the 1999-2000 school year only shall be increased by the
6difference between these amounts. The total payments made under
7this paragraph (5) shall not exceed $14,000,000. Claims shall
8be prorated if they exceed $14,000,000.
 
9(H) Supplemental General State Aid.
10    (1) In addition to the general State aid a school district
11is allotted pursuant to subsection (E), qualifying school
12districts shall receive a grant, paid in conjunction with a
13district's payments of general State aid, for supplemental
14general State aid based upon the concentration level of
15children from low-income households within the school
16district. Supplemental State aid grants provided for school
17districts under this subsection 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    (1.5) This paragraph (1.5) applies only to those school
22years preceding the 2003-2004 school year. For purposes of this
23subsection (H), the term "Low-Income Concentration Level"
24shall be the low-income eligible pupil count from the most
25recently available federal census divided by the Average Daily

 

 

09900HB0828ham001- 26 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 27 -LRB099 04648 MLM 49099 a

1its supplemental general State aid grant or State aid paid in
2any of those fiscal years. This recomputation shall not be
3affected by any other funding.
4    (1.10) This paragraph (1.10) applies to the 2003-2004
5school year and each school year thereafter. For purposes of
6this subsection (H), the term "Low-Income Concentration Level"
7shall, for each fiscal year, be the low-income eligible pupil
8count as of July 1 of the immediately preceding fiscal year (as
9determined by the Department of Human Services based on the
10number of pupils who are eligible for at least one of the
11following low income programs: Medicaid, the Children's Health
12Insurance Program, TANF, or Food Stamps, excluding pupils who
13are eligible for services provided by the Department of
14Children and Family Services, averaged over the 2 immediately
15preceding fiscal years for fiscal year 2004 and over the 3
16immediately preceding fiscal years for each fiscal year
17thereafter) divided by the Average Daily Attendance of the
18school district.
19    (2) Supplemental general State aid pursuant to this
20subsection (H) shall be provided as follows for the 1998-1999,
211999-2000, and 2000-2001 school years only:
22        (a) For any school district with a Low Income
23    Concentration Level of at least 20% and less than 35%, the
24    grant for any school year shall be $800 multiplied by the
25    low income eligible pupil count.
26        (b) For any school district with a Low Income

 

 

09900HB0828ham001- 28 -LRB099 04648 MLM 49099 a

1    Concentration Level of at least 35% and less than 50%, the
2    grant for the 1998-1999 school year shall be $1,100
3    multiplied by the low income eligible pupil count.
4        (c) For any school district with a Low Income
5    Concentration Level of at least 50% and less than 60%, the
6    grant for the 1998-99 school year shall be $1,500
7    multiplied by the low income eligible pupil count.
8        (d) For any school district with a Low Income
9    Concentration Level of 60% or more, the grant for the
10    1998-99 school year shall be $1,900 multiplied by the low
11    income eligible pupil count.
12        (e) For the 1999-2000 school year, the per pupil amount
13    specified in subparagraphs (b), (c), and (d) immediately
14    above shall be increased to $1,243, $1,600, and $2,000,
15    respectively.
16        (f) For the 2000-2001 school year, the per pupil
17    amounts specified in subparagraphs (b), (c), and (d)
18    immediately above shall be $1,273, $1,640, and $2,050,
19    respectively.
20    (2.5) Supplemental general State aid pursuant to this
21subsection (H) shall be provided as follows for the 2002-2003
22school year:
23        (a) For any school district with a Low Income
24    Concentration Level of less than 10%, the grant for each
25    school year shall be $355 multiplied by the low income
26    eligible pupil count.

 

 

09900HB0828ham001- 29 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 30 -LRB099 04648 MLM 49099 a

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 greater than 15%, the grant for each
5    school year shall be $294.25 added to the product of $2,700
6    and the square of the Low Income Concentration Level, all
7    multiplied by the low income eligible pupil count.
8    For the 2003-2004 school year and each school year
9thereafter through the 2008-2009 school year only, the grant
10shall be no less than the grant for the 2002-2003 school year.
11For the 2009-2010 school year only, the grant shall be no less
12than the grant for the 2002-2003 school year multiplied by
130.66. For the 2010-2011 school year only, the grant shall be no
14less than the grant for the 2002-2003 school year multiplied by
150.33. Notwithstanding the provisions of this paragraph to the
16contrary, if for any school year supplemental general State aid
17grants are prorated as provided in paragraph (1) of this
18subsection (H), then the grants under this paragraph shall be
19prorated.
20    For the 2003-2004 school year only, the grant shall be no
21greater than the grant received during the 2002-2003 school
22year added to the product of 0.25 multiplied by the difference
23between the grant amount calculated under subsection (a) or (b)
24of this paragraph (2.10), whichever is applicable, and the
25grant received during the 2002-2003 school year. For the
262004-2005 school year only, the grant shall be no greater than

 

 

09900HB0828ham001- 31 -LRB099 04648 MLM 49099 a

1the grant received during the 2002-2003 school year added to
2the product of 0.50 multiplied by the difference between the
3grant amount calculated under subsection (a) or (b) of this
4paragraph (2.10), whichever is applicable, and the grant
5received during the 2002-2003 school year. For the 2005-2006
6school year only, the grant shall be no greater than the grant
7received during the 2002-2003 school year added to the product
8of 0.75 multiplied by the difference between the grant amount
9calculated under subsection (a) or (b) of this paragraph
10(2.10), whichever is applicable, and the grant received during
11the 2002-2003 school year.
12    (3) School districts with an Average Daily Attendance of
13more than 1,000 and less than 50,000 that qualify for
14supplemental general State aid pursuant to this subsection
15shall submit a plan to the State Board of Education prior to
16October 30 of each year for the use of the funds resulting from
17this grant of supplemental general State aid for the
18improvement of instruction in which priority is given to
19meeting the education needs of disadvantaged children. Such
20plan shall be submitted in accordance with rules and
21regulations promulgated by the State Board of Education.
22    (4) School districts with an Average Daily Attendance of
2350,000 or more that qualify for supplemental general State aid
24pursuant to this subsection shall be required to distribute
25from funds available pursuant to this Section, no less than
26$261,000,000 in accordance with the following requirements:

 

 

09900HB0828ham001- 32 -LRB099 04648 MLM 49099 a

1        (a) The required amounts shall be distributed to the
2    attendance centers within the district in proportion to the
3    number of pupils enrolled at each attendance center who are
4    eligible to receive free or reduced-price lunches or
5    breakfasts under the federal Child Nutrition Act of 1966
6    and under the National School Lunch Act during the
7    immediately preceding school year.
8        (b) The distribution of these portions of supplemental
9    and general State aid among attendance centers according to
10    these requirements shall not be compensated for or
11    contravened by adjustments of the total of other funds
12    appropriated to any attendance centers, and the Board of
13    Education shall utilize funding from one or several sources
14    in order to fully implement this provision annually prior
15    to the opening of school.
16        (c) Each attendance center shall be provided by the
17    school district a distribution of noncategorical funds and
18    other categorical funds to which an attendance center is
19    entitled under law in order that the general State aid and
20    supplemental general State aid provided by application of
21    this subsection supplements rather than supplants the
22    noncategorical funds and other categorical funds provided
23    by the school district to the attendance centers.
24        (d) Any funds made available under this subsection that
25    by reason of the provisions of this subsection are not
26    required to be allocated and provided to attendance centers

 

 

09900HB0828ham001- 33 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 34 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 35 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 36 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 37 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 38 -LRB099 04648 MLM 49099 a

1shall be paid in accordance with Article 34A when that Article
2provides for a disposition other than that provided by this
3Article.
4    (2) (Blank).
5    (3) Summer school. Summer school payments shall be made as
6provided in Section 18-4.3.
 
7(M) Education Funding Advisory Board.
8    The Education Funding Advisory Board, hereinafter in this
9subsection (M) referred to as the "Board", is hereby created.
10The Board shall consist of 5 members who are appointed by the
11Governor, by and with the advice and consent of the Senate. The
12members appointed shall include representatives of education,
13business, and the general public. One of the members so
14appointed shall be designated by the Governor at the time the
15appointment is made as the chairperson of the Board. The
16initial members of the Board may be appointed any time after
17the effective date of this amendatory Act of 1997. The regular
18term of each member of the Board shall be for 4 years from the
19third Monday of January of the year in which the term of the
20member's appointment is to commence, except that of the 5
21initial members appointed to serve on the Board, the member who
22is appointed as the chairperson shall serve for a term that
23commences on the date of his or her appointment and expires on
24the third Monday of January, 2002, and the remaining 4 members,
25by lots drawn at the first meeting of the Board that is held

 

 

09900HB0828ham001- 39 -LRB099 04648 MLM 49099 a

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

 

 

09900HB0828ham001- 40 -LRB099 04648 MLM 49099 a

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

 

 

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1    (2) References in other laws to State Chapter 1 funds shall
2be deemed to refer to the supplemental general State aid
3provided under subsection (H) of this Section.
 
4(P) Public Act 93-838 and Public Act 93-808 make inconsistent
5changes to this Section. Under Section 6 of the Statute on
6Statutes there is an irreconcilable conflict between Public Act
793-808 and Public Act 93-838. Public Act 93-838, being the last
8acted upon, is controlling. The text of Public Act 93-838 is
9the law regardless of the text of Public Act 93-808.
 
10(Q) State Fiscal Year 2015 Payments.
11    For payments made for State fiscal year 2015, the State
12Board of Education shall, for each school district, calculate
13that district's pro-rata share of a minimum sum of $13,600,000
14or additional amounts as needed from the total net General
15State Aid funding as calculated under this Section that shall
16be deemed attributable to the provision of special educational
17facilities and services, as defined in Section 14-1.08 of this
18Code, in a manner that ensures compliance with maintenance of
19State financial support requirements under the federal
20Individuals with Disabilities Education Act. Each school
21district must use such funds only for the provision of special
22educational facilities and services, as defined in Section
2314-1.08 of this Code, and must comply with any expenditure
24verification procedures adopted by the State Board of

 

 

09900HB0828ham001- 42 -LRB099 04648 MLM 49099 a

1Education.
2(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
3eff. 7-30-15.)
 
4    (105 ILCS 5/18-8.15 new)
5    Sec. 18-8.15. Evidence-based funding for student success
6for the 2017-2018 and subsequent school years.
7    (a) The purpose of this Section is to ensure that, by June
830, 2027, this State has a kindergarten through grade 12 public
9education system with the capacity to ensure the educational
10development of all persons to the limits of their capacities in
11accordance with Section 1 of Article 10 of the Constitution of
12the State of Illinois. To accomplish that objective, this
13Section creates a method of funding public education that is
14evidence-based; is sufficient to ensure every student receives
15a meaningful opportunity to learn irrespective of race,
16ethnicity, sexual orientation, gender, or community-income
17level; and is sustainable and predictable. When fully funded
18under this Section, every school shall have the resources,
19based on what the evidence indicates is needed, to:
20        (1) provide all students with a high quality education
21    that offers the academic, enrichment, social and emotional
22    support, technical, and vocational programs that will
23    allow them to become competitive workers, responsible
24    parents, productive citizens of this State, and active
25    members of our national democracy;

 

 

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1        (2) ensure all students receive the education they need
2    to graduate from high school with the skills required to
3    pursue post-secondary education or training or a career;
4        (3) reduce, with a goal of eliminating, the achievement
5    gap between high-performing and low-performing students by
6    raising the performance of at-risk students and not by
7    reducing standards; and
8        (4) ensure this State satisfies its obligation to
9    assume the primary responsibility to fund public education
10    and simultaneously relieve the disproportionate burden
11    placed on local property taxes to fund schools.
12    (b) For purposes of this Section:
13    "Assessments" means those benchmark, progress monitoring,
14formative, diagnostic, and other assessments, in addition to
15the State accountability assessment, that assist teachers'
16needs in understanding the skills and meeting the needs of the
17students they serve.
18    "Assistant principal" means a school administrator duly
19endorsed to be employed as an assistant principal in this
20State.
21    "At-risk student" means a student who is at risk of not
22meeting the Illinois Learning Standards or not graduating from
23elementary or high school and who demonstrates a need for
24vocational support or social services beyond that provided by
25the regular school program. All students included in an
26organizational unit's Low-Income Count, as well as all EL and

 

 

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1disabled students attending the organizational unit, shall be
2considered at-risk students under this Section.
3    "Average Student Enrollment" or "ASE" means, for an
4organizational unit in a given school year, the greater of the
5total students shown as enrolled in the organizational unit on
6the State Board of Education's fall and spring enrollment
7counts in the immediately preceding school year or the average
8number of students shown as enrolled in the organizational unit
9on the State Board's fall and spring enrollment counts for the
10immediately preceding 3 school years.
11    "Base Adequacy Level" means, for each organizational unit,
12that amount of total educational funding determined in
13accordance with paragraph (2) of subsection (c) of this
14Section, which amount is predicated on both the number and
15characteristics of the students who attend the organizational
16unit and the evidence-based educational factors required to
17meet the learning needs of such students.
18    "Central office" means individual administrators and
19support service personnel charged with managing the
20instructional programs, business and operations, and security
21of the school district in which an organizational unit is
22situated.
23    "Comparable Wage Index" or "CWI" means the regional cost
24differentiation metric initially developed by the National
25Center for Education Statistics, as most recently updated in
262013, by Texas A & M University. The CWI utilized under this

 

 

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1Section shall, for the first 3 years following the effective
2date of this Section, be determined as provided in the Texas A &
3 M University study. The CWI for each organizational unit
4shall be determined by comparing the index for the region and
5counties in which the organizational unit is located against
6the median index in this State, where the median value is set
7at 1.0. Thereafter, the State Board shall re-determine the CWI
8using a similar methodology to that identified in the Texas A &
9M University study, no less frequently than once every 5 years.
10    "Computer technology and equipment" means computers,
11servers, notebooks, network equipment, copiers, printers,
12instructional software, security software, curriculum
13management courseware, and other materials identified by the
14State Board of Education.
15    "Core subject" means mathematics; science; reading,
16English, writing, and language arts; history and social
17studies; world languages; and subjects taught as Advanced
18Placement in high schools.
19    "Core teacher" means a regular classroom teacher in
20elementary schools and teachers of a core subject in middle and
21high schools.
22    "EAV" means equalized assessed valuation.
23    "Employee benefits" means health, dental, and vision
24insurance offered to employees of an organizational unit, the
25costs associated with statutorily required payment of the
26normal cost of the organizational unit's teacher pensions,

 

 

09900HB0828ham001- 46 -LRB099 04648 MLM 49099 a

1Social Security employer contributions, and Illinois Municipal
2Retirement Fund employer contributions.
3    "English learner" or "EL" means the greater of the prior
4school year or the 3-year average of students in grades K
5through 12 whose native tongue is a language other than English
6and who have not obtained an overall composite proficiency
7level of 5.0, a reading proficiency level of 4.2, and a writing
8proficiency level of 4.2 on the prior year ACCESS test or an
9equivalent assessment for EL students.
10    "Extended day" means academic and enrichment programs
11provided to students outside the regular school day before and
12after school or during non-instructional times during the
13school day.
14    "Full-time equivalent" or "FTE" means the full-time
15equivalency compensation for staffing the relevant position at
16an organizational unit, computed in accordance with guidelines
17prescribed by the State Board.
18    "Guidance counselor" means a licensed guidance counselor
19who provides support for all students within an organizational
20unit.
21    "Instructional facilitator" means a qualified teacher or
22licensed teacher leader who facilitates and coaches continuous
23improvement in classroom instruction; provides instructional
24support to teachers in the elements of research-based
25instruction or demonstrates the alignment of instruction with
26curriculum standards and assessments tools; develops or

 

 

09900HB0828ham001- 47 -LRB099 04648 MLM 49099 a

1coordinates instructional programs or strategies; develops and
2implements training; chooses standards-based instructional
3materials; provides teachers with an understanding of current
4research; serves as a mentor, site coach, curriculum
5specialist, or lead teacher; or otherwise works with fellow
6teachers, in collaboration, to use data to improve
7instructional practice or develop model lessons.
8    "Instructional materials" means relevant instructional
9materials for student instruction, including, but not limited
10to, textbooks, consumable workbooks, laboratory equipment,
11library books, and other materials identified by the State
12Board of Education.
13    "Intervention teacher (tutor)" means a licensed teacher
14providing one-on-one or small group tutoring to students
15struggling to meet proficiency in core subjects.
16    "Librarian" means a teacher with an endorsement as a school
17librarian.
18    "Local Capacity Ratio" means, for an organizational unit in
19a given school year, the normal curve equivalent percentage
20based on the calculation method in paragraph (4) of subsection
21(c) of this Section, which must never be higher than 90%.
22    "Local Capacity Target" means, for an organizational unit,
23that dollar amount that is obtained by multiplying the Base
24Adequacy Level of the organizational unit by the Local Capacity
25Ratio for the organizational unit.
26    "Low-Income Count" means, for an organizational unit in a

 

 

09900HB0828ham001- 48 -LRB099 04648 MLM 49099 a

1fiscal year, the higher of the average number of students
2attending the organizational unit over the prior school year or
3the immediately preceding 3 school years who, according to the
4Department of Human Services, at any time over such prior
53-year period were eligible for at least one of the following
6low-income programs or any successor thereto established under
7federal law: Medicaid; the Children's Health Insurance
8Program; Temporary Assistance for Needy Families; or the
9Supplemental Nutrition Assistance Program.
10    "Maintenance and operations" means functions such as, but
11not limited to, custodial services, facility and ground
12maintenance, facility operations, facility security, and
13routine facility repairs.
14    "Net State Contribution" means the aggregate amount of
15kindergarten through grade 12 education funding an
16organizational unit would receive from this State annually
17under this Section if fully funded, as determined under
18paragraph (4) of subsection (c) of this Section. Per pupil,
19"Net State Contribution" means the Net State Contribution to an
20organizational unit for a school year, divided by the
21applicable ASE of the organizational unit for the school year.
22    "Nurse" means an individual licensed as a school nurse,
23registered nurse, or licensed practical nurse in this State, in
24accordance with the rules established for nursing services
25regulated by the State Board of Education, who is an employee
26of and is available to provide health care-related services for

 

 

09900HB0828ham001- 49 -LRB099 04648 MLM 49099 a

1all students of an organizational unit.
2    "Organizational unit" means any public school district
3that is recognized as such by the State Board of Education and
4that contains elementary schools typically serving
5kindergarten through 5th grades, middle schools typically
6serving 6th through 8th grades, or high schools typically
7serving 9th through 12th grades. The General Assembly
8acknowledges that the actual grade levels served by a
9particular organizational unit may vary slightly from what is
10typical. "Organizational unit" specifically includes
11laboratory schools operated in accordance with subsection (K)
12of Section 18-8.05 of this Code, but does not include exempted
13schools. For the purposes of this definition, "exempted
14schools" means schools that are classified as STEM (science,
15technology, engineering, and mathematics) or post-secondary
16enrollment options. Exempted schools are not funded under this
17Section.
18    "Principal" means a school administrator duly endorsed to
19be employed as a principal in this State.
20    "Professional development" means training programs for
21licensed staff in schools, including, but not limited to,
22programs that assist in implementing new curriculum programs,
23provide data focused or academic assessment data training to
24help staff identify a student's weaknesses and strengths,
25target interventions, improve instruction, encompass
26instructional strategies for EL, gifted, or at-risk students,

 

 

09900HB0828ham001- 50 -LRB099 04648 MLM 49099 a

1address inclusivity, cultural sensitivity, or implicit bias,
2or otherwise provide professional support for licensed staff in
3areas identified by the State Board of Education.
4    "Prototypical" means 450 students for an elementary
5school, 450 students for a middle school, and 600 students for
6a high school.
7    "Pupil support staff" means a nurse, psychologist, social
8worker, family liaison personnel, or other staff member who
9provides support to at-risk or struggling students.
10    "School site staff" means the primary school secretary and
11any additional clerical personnel assigned to the school under
12the funding matrices set forth in this Section.
13    "Special education" means programs for students with
14moderate disabilities categorized comparably as either
15high-incidence or low-cost. Special education services for
16students may be in self-contained classrooms or as part of the
17regular education classroom.
18    "Specialist teacher" means a teacher who provides
19instruction in subject areas not included in core subjects,
20including, but not limited to, art, music, physical education,
21health, driver education, career-technical education, and such
22other subject areas as may be mandated by State law or
23identified by the State Board of Education from time to time.
24    "State Board" means the State Board of Education.
25    "Student activities" means non-credit producing
26after-school programs, including, but not limited to, clubs,

 

 

09900HB0828ham001- 51 -LRB099 04648 MLM 49099 a

1bands, sports, and other activities established by the school
2board of the organizational unit.
3    "Substitute teacher" means an individual teacher or
4teaching assistant who is employed by an organizational unit
5and is temporarily serving the organizational unit on a per
6diem or per period-assignment basis replacing another staff
7member.
8    "Summer school" means academic and enrichment programs
9provided to students during the summer months outside of the
10regular school year.
11    "Supervisory aide" means a non-licensed staff member who
12helps in supervising students of an organizational unit, but
13does so outside of the classroom, in situations such as, but
14not limited to, monitoring hallways and playgrounds,
15supervising lunchrooms, or supervising students when being
16transported in buses serving the organizational unit.
17    "Winsorization" means the transformation of statistics by
18limiting extreme values in the statistical data to reduce the
19effect of possible outliers. In the determination of the Local
20Capacity Index, this is used when calculating the mean and
21standard deviation of statewide EAV to adequacy ratios. The
22winsorization is set at the 10th percentile and the 90th
23percentile.
24    (c) The Evidence-Based Model under this Section shall be
25applied to all non-exempted organizational units in this State.
26The Evidence-Based Model uses academic research to identify the

 

 

09900HB0828ham001- 52 -LRB099 04648 MLM 49099 a

1resources and educational programs that are necessary to
2improve student success, improve academic performance, and
3close achievement gaps. The Evidence-Based Model reflects a
4research-based consensus on what constitutes best practices
5and reflects strategies found in schools that have achieved
6success in raising the academic achievement of students. When
7fully funded, the Evidence-Based Model ensures all schools have
8the resources necessary to enable all students the opportunity
9to achieve the proficiency standards established by this State.
10        (1) The annual investment needed to provide an adequate
11    education to all students who attend an organizational unit
12    in this State shall be the aggregate dollar value obtained
13    by adding the funding amounts applicable to all
14    organizational units as identified in paragraph (2) of this
15    subsection (c), as those factors relate to the student
16    composition and ASE of all organizational units. By
17    utilizing this research-based approach, State education
18    funding when this Section is fully funded shall be adequate
19    and equitable; shall not be dependent on where students
20    reside; shall be based on the cost of those educational
21    practices that the evidence indicates have a statistically
22    meaningful correlation to enhancing student achievement
23    over time; and shall include such other necessary costs
24    associated with the operation of a school or the education
25    of children, such as, but not limited to, operational and
26    maintenance costs, that are naturally incident thereto.

 

 

09900HB0828ham001- 53 -LRB099 04648 MLM 49099 a

1        (2) The Base Adequacy Level for each organizational
2    unit for a school year shall be the aggregate dollar value
3    obtained by adding the funding amounts applicable to the
4    organizational unit for the school year, as determined in
5    accordance with the following:
6            (A) Core class size investments. Each
7        organizational unit shall receive the funding required
8        to support that number of FTE core teacher positions as
9        is needed to keep the respective class sizes of the
10        organizational unit to a maximum of 15 students each
11        for grades kindergarten through 3 and 25 students each
12        for grades 4 through 12. The number of FTE core teacher
13        positions shall be determined by dividing the ASE of
14        the organizational unit for grades kindergarten
15        through 3 by 15 and grades 4 through 12 by 25.
16            (B) Specialist teacher investments. Each
17        organizational unit shall receive the funding needed
18        to cover that number of FTE specialist teacher
19        positions that correspond to the following
20        percentages:
21                (i) if the organizational unit operates an
22            elementary or middle school, then 20% of the number
23            of the organizational unit's core teachers as
24            determined under subdivision (A) of this paragraph
25            (2); and
26                (ii) if such organizational unit operates a

 

 

09900HB0828ham001- 54 -LRB099 04648 MLM 49099 a

1            high school, then 33 1/3% of the number of the
2            organizational unit's core teachers.
3            (C) Instructional facilitator investments. Each
4        organizational unit shall receive the funding needed
5        to cover one FTE instructional facilitator position
6        for every 200 students attending the organizational
7        unit.
8            (D) Core intervention teacher (tutor) investments.
9        Each organizational unit shall receive the funding
10        needed to cover one FTE teacher position for each
11        prototypical elementary, middle, and high school.
12        Additional FTE teacher positions shall be pro-rata
13        funded based on ASE in excess of the ASE for each
14        prototypical school.
15            (E) Substitute teacher investments. Each
16        organizational unit shall receive the funding needed
17        to cover substitute teacher costs that is equal to 5%
18        of the aggregate required teaching days of full-time
19        equivalent core, specialist, and intervention
20        teachers, school nurses, special education teachers
21        and aides, instructional facilitators, and summer
22        school and extended-day teacher positions, as
23        determined under this paragraph (2), at a salary rate
24        of 33.3% of the average salary for each teacher
25        position and 33.33% of the average salary of each
26        instructional assistant position.

 

 

09900HB0828ham001- 55 -LRB099 04648 MLM 49099 a

1            (F) Core guidance counselor investments. Each
2        organizational unit shall receive the funding needed
3        to cover one FTE guidance counselor for each 450 ASE
4        elementary students, plus one FTE guidance counselor
5        for each 250 ASE middle school students, plus one FTE
6        guidance counselor for each 250 ASE high school
7        students.
8            (G) Nurse investments. Each organizational unit
9        shall receive the funding needed to cover one FTE nurse
10        for each 750 ASE across all grade levels it serves.
11            (H) Supervisory aide investments. Each
12        organizational unit shall receive the funding needed
13        to cover one FTE for each 225 ASE elementary students,
14        plus one FTE for each 225 ASE middle school students,
15        plus one FTE for each 200 ASE high school students.
16            (I) Librarian investments. Each organizational
17        unit shall receive the funding needed to cover one FTE
18        librarian and one FTE aide or media technician for
19        every 300 ASE.
20            (J) Principal investments. Each organizational
21        unit shall receive the funding needed to cover one FTE
22        principal position for each prototypical elementary
23        school, plus one FTE principal position for each
24        prototypical middle school, plus one FTE principal
25        position for each prototypical high school. Additional
26        FTE principal positions shall be pro-rata funded based

 

 

09900HB0828ham001- 56 -LRB099 04648 MLM 49099 a

1        on ASE in excess of the ASE for each prototypical
2        school.
3            (K) Assistant principal investments. Each
4        organizational unit shall receive the funding needed
5        to cover one FTE assistant principal position for each
6        prototypical elementary school, plus one FTE assistant
7        principal position for each prototypical middle
8        school, plus one FTE assistant principal position for
9        each prototypical high school.
10            (L) School site staff investments. Each
11        organizational unit shall receive the funding needed
12        to cover one FTE position for each 225 ASE elementary
13        students, plus one FTE position for each 225 ASE middle
14        school students, plus one FTE position for each 200 ASE
15        high school students.
16            (M) Gifted investments. Each organizational unit
17        shall receive $40 per ASE.
18            (N) Professional development investments. Each
19        organizational unit shall receive $125 per ASE student
20        for trainers and other professional
21        development-related expenses for supplies and
22        materials.
23            (O) Instructional material investments. Each
24        organizational unit shall receive $190 per ASE student
25        to cover instructional material costs.
26            (P) Assessment investments. Each organizational

 

 

09900HB0828ham001- 57 -LRB099 04648 MLM 49099 a

1        unit shall receive $25 per ASE student to cover
2        assessment costs.
3            (Q) Computer technology and equipment investments.
4        Each organizational unit shall receive $571 per ASE
5        student to cover computer technology and equipment
6        costs.
7            (R) Student activities investments. Each
8        organizational unit shall receive the following
9        funding amounts to cover student activities: $100 per
10        ASE student in elementary school, plus $200 per ASE
11        student in middle school, plus $675 per ASE student in
12        high school.
13            (S) Maintenance and operations investments. Each
14        organizational unit shall receive $1,038 per ASE
15        student for day-to-day maintenance and operations
16        expenditures, including salary, supplies, and
17        materials, as well as purchased services, but
18        excluding employee benefits.
19            (T) Central office investments. Each
20        organizational unit shall receive $742 per ASE student
21        to cover central office operations, including
22        administrators and classified personnel charged with
23        managing the instructional programs, business and
24        operations of the school district, and security
25        personnel.
26            (U) Employee benefit investments. Each

 

 

09900HB0828ham001- 58 -LRB099 04648 MLM 49099 a

1        organizational unit shall receive 30% of its total
2        payroll, excluding substitute teachers and student
3        activities investments, to cover benefit costs. For
4        central office and maintenance and operations
5        investments, the benefit calculation shall be based
6        upon the salary component of each investment. For
7        central office, the proportion of salary is equal to
8        $368.48 and for maintenance and operations, the
9        proportion of salary is equal to $352.92. If at any
10        time the responsibility for funding the employer's
11        normal cost of teacher pensions is assigned to school
12        districts, then that percentage shall be increased to
13        account therefor. Because City of Chicago School
14        District 299 already has such responsibility, City of
15        Chicago School District 299 shall receive the
16        percentage of its total payroll that is statutorily
17        required to cover employee annual normal costs in
18        addition to the 30% specified in this subdivision (U).
19            (V) Additional investments in low-income students.
20        In addition to and not in lieu of all other funding
21        under this paragraph (2), each organizational unit
22        shall receive funding based on the average teacher
23        salary for grades K through 12 to cover the costs of:
24                (i) one FTE intervention teacher (tutor)
25            position for every 125 Low-Income Count students;
26                (ii) one FTE pupil support staff position for

 

 

09900HB0828ham001- 59 -LRB099 04648 MLM 49099 a

1            every 125 Low-Income Count students;
2                (iii) one FTE extended day teacher position
3            for every 120 Low-Income Count students; and
4                (iv) one FTE summer school teacher position
5            for every 120 Low-Income Count students.
6            (W) Additional investments in EL students. In
7        addition to and not in lieu of all other funding under
8        this paragraph (2), each organizational unit shall
9        receive funding based on the average teacher salary for
10        grades K through 12 to cover the costs of:
11                (i) one FTE intervention teacher (tutor)
12            position for every 125 EL students;
13                (ii) one FTE pupil support staff position for
14            every 125 EL students;
15                (iii) one FTE extended day teacher position
16            for every 120 EL students;
17                (iv) one FTE summer school teacher position
18            for every 120 EL students; and
19                (v) one FTE core teacher position for every 100
20            EL students.
21            (X) Special education investments. Each
22        organizational unit shall receive funding to cover
23        special education as follows:
24                (i) one FTE teacher position for every 141 ASE
25            elementary, middle, and high school students;
26                (ii) one-half of one FTE teacher aide for every

 

 

09900HB0828ham001- 60 -LRB099 04648 MLM 49099 a

1            141 ASE elementary, middle, and high school
2            students;
3                (iii) one FTE psychologist position for every
4            1,000 ASE elementary, middle, and high school
5            students.
6        (3) Average salaries and the Comparable Wage Index are
7    as follows:
8            (A) Following are the average salaries to be
9        utilized when determining the FTE costs for the
10        relevant position. For purposes of this paragraph (3),
11        "teacher" includes core teachers, specialist and
12        elective teachers, instructional facilitators, tutors,
13        EL teachers, extended-day teachers, and summer school
14        teachers. Where specific grade data is not required
15        under item (2) of subsection (c) of this Section, the
16        average salary for corresponding positions shall
17        apply.
18                (i) Teacher for grades K through 8, $60,578.
19                (ii) Teacher for grades 9 through 12, $67,565.
20                (iii) Teacher for grades K through 12,
21            $64,072.
22                (iv) Guidance counselor for grades K through
23            8, $68,887.
24                (v) Guidance counselor for grades 9 through
25            12, $74,674.
26                (vi) Guidance counselor for grades K through

 

 

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1            12, $71,781.
2                (vii) Social worker, $64,647.
3                (viii) Psychologist, $71,058.
4                (ix) Librarian or media technician, $68,919.
5                (x) Nurse, $56,139.
6                (xi) Principal, $104,135.
7                (xii) Assistant principal, $91,080.
8                (xiii) School secretary, $30,000.
9                (xiv) School clerical staff, $25,000.
10                (xv) Non-instructional assistant, $25,000.
11                (xvi) Substitute teacher, $118.64 per day.
12                (xvii) Substitute aide, $46.29 per day.
13            (B) Salaries for all school and district-level
14        staffing categories set forth in subdivision (A) of
15        this paragraph (3) shall be used for determining the
16        Base Adequacy Level for organizational units for the
17        first 5 school years following the effective date of
18        this Section and are based upon average statewide
19        salary levels for the 2015-2016 school year. The State
20        Superintendent of Education shall adjust the statewide
21        average salary for each staffing category at least once
22        every 5 school years beginning with the 2022-2023
23        school year and continuing thereafter, and the
24        adjusted salaries shall be the salaries utilized for
25        determining Base Adequacy Levels of organizational
26        units in the applicable succeeding school years. Each

 

 

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1        such redetermination shall include appropriate
2        adjustments for each staffing category as reasonably
3        determined by the State Superintendent.
4            Each year after the initial determination of
5        salaries under subdivision (A) of this paragraph (3)
6        and this subdivision (B), the then most current, annual
7        Bureau of Labor Statistics' national Employment Cost
8        Index for civilian workers in educational services in
9        elementary and secondary schools shall be applied, on a
10        cumulative basis, to the salary averages before using
11        them to compute the applicable FTE position cost,
12        except in years in which the State Superintendent
13        recalibrates all such salaries, as provided in this
14        subdivision (B).
15            (C) Before assigning any salary amount identified
16        under subdivision (A) or (B) of this paragraph (3) for
17        determining the Base Adequacy Level of an
18        organizational unit, the State Superintendent of
19        Education shall further adjust the salary amount for
20        each staffing category by applying thereto the
21        Comparable Wage Index for the organizational unit.
22        (4) An EAV to adequacy ratio is the primary input in
23    determining the Local Capacity Target for each
24    organizational unit. The steps for calculating the Local
25    Capacity Target are as follows:
26            (A) An organizational unit's Local Capacity Ratio

 

 

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1        in a given year shall be the percentage obtained by
2        dividing the organizational unit's EAV for such year,
3        where the EAV shall be the average of the
4        organizational unit's EAV over the immediately
5        preceding 3 years or its EAV in the immediately
6        preceding year if the EAV is 10% less than the 3-year
7        average, by the organizational unit's Base Adequacy
8        Level for the year, as determined under paragraph (3)
9        of this subsection (c). In the event of organizational
10        unit reorganization, consolidation, or annexation, the
11        most current EAV shall be used in the first year, the
12        average of a 2-year EAV for the second year, and a
13        3-year average EAV for the third year.
14            (B) The Local Capacity Ratio of an organizational
15        unit determined under subdivision (A) of this
16        paragraph (4) shall be adjusted to reflect the number
17        of grades the organizational unit serves. For
18        organizational units that serve grades kindergarten
19        through 12 (unit districts), the Local Capacity Ratio
20        shall be multiplied by one. For organizational units
21        serving grades kindergarten through 8 (elementary
22        districts), the Local Capacity Ratio shall be
23        multiplied by 9/13. For organizational units serving
24        grades 9 through 12 (high school districts), the Local
25        Capacity Ratio shall be multiplied by 4/13. In the
26        event a district or organizational unit has a different

 

 

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1        grade configuration, a comparable adjustment shall be
2        made based on the grades served.
3            (C) The Local Capacity Ratio, as adjusted in item
4        (B) of this paragraph (4), shall be used to determine a
5        percentage of local capacity using standard normal
6        distribution. To eliminate the effect of extreme
7        values impacting the mean and standard deviation, the
8        array of Local Capacity Ratios are winsorized based on
9        10%/90%. Each organizational unit's adjusted
10        winsorized Local Capacity Ratio shall be converted to a
11        normal curve equivalent score to determine each
12        organizational unit's relative position to all other
13        organizational units in this State. The normal curve
14        equivalent score for each organizational unit shall be
15        calculated using the standard normal distribution of
16        the score in relation to the mean and adjusted
17        winsorized Local Capacity Ratios of all organization
18        units. Should the value assigned to any organizational
19        unit be in excess of 90%, the value shall be adjusted
20        to 90%.
21            (D) For such laboratory schools operated in
22        accordance with subsection (K) of Section 18-8.05 of
23        this Code, the Base Adequacy Level of each
24        organizational unit shall be determined in accordance
25        with paragraph (2) of this subsection (c). The Local
26        Capacity Target shall be set at 10% in recognition of

 

 

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1        the absence of EAV and resources from the State
2        university that are allocated to the laboratory
3        school.
4        (5) The Net State Contribution Target for the amount of
5    kindergarten through grade 12 funding to be paid by this
6    State shall be the sum of the dollar amounts of the Base
7    Adequacy Level for each organizational unit, reduced by the
8    sum of the school district's Local Capacity Target for the
9    school year, plus the district's corporate personal
10    property replacement tax revenue received in the prior
11    school year. No federal funding shall be considered when
12    determining the Net State Contribution Target under
13    paragraph (4) of this subsection (c). The Net State
14    Contribution Target per pupil made by this State to an
15    organizational unit in a given year shall mean the Net
16    State Contribution Target for that year divided by the
17    organizational unit's ASE in that year.
18        (6) If the initial Net State Contribution Target per
19    pupil that would be made to a school district in the first
20    fiscal year in which education funding is implemented in
21    accordance with this Section would be less than the
22    aggregate amount of per pupil kindergarten through grade 12
23    funding, including funding for general State aid, special
24    education personnel, special education children, special
25    education summer school, EL and bilingual education, and
26    driver education, the district received from this State in

 

 

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1    the immediately preceding fiscal year (to be referred to as
2    the Minimum Per Pupil Funding Level), then in the first and
3    subsequent 4 school years of implementation of this
4    Section, the school district shall receive an amount of
5    education funding from this State equal to its then current
6    ASE multiplied by the Minimum Per Pupil Funding Level.
7        (7) In the event that the General Assembly and the
8    Governor decrease the amount of the appropriation for this
9    Section in any fiscal year after implementation of this
10    Section, the organizational units receiving Tier 1 and Tier
11    2 funding, as determined under paragraph (8) of this
12    subsection (c), shall be held harmless by establishing a
13    Base Funding Guarantee equal to the per pupil kindergarten
14    through grade funding received in accordance with this
15    Section in the prior fiscal year. Reduction shall be made
16    to the Base Funding Minimum of organizational units in Tier
17    3 and Tier 4 on a per pupil basis equivalent to the total
18    number of the ASE in Tier 3-funded and Tier 4-funded
19    organizational units divided by the total reduction in
20    State funding. The Base Funding Minimum as reduced shall
21    continue to be applied to Tier 3 and Tier 4 organizational
22    units and adjusted by the relative formula when increases
23    in appropriations for this Section resume. In no event
24    shall State funding reductions to organizational units in
25    Tier 3 or Tier 4 exceed an amount that would be less than
26    the Base Funding Minimum established in the first year of

 

 

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1    implementation of this Section. Should additional
2    reductions be required, all school districts shall receive
3    a reduction by a per pupil amount equal to the aggregate
4    additional appropriation reduction divided by the total
5    ASE of all organizational units.
6        (8) Equitable distribution of State appropriations for
7    this Section that are in excess of the aggregate
8    appropriations for general State aid, special education
9    personnel, special education child funding, special
10    education summer school, EL and bilingual education, and
11    driver education for the prior fiscal year or funding for
12    this Section in the prior fiscal year shall be established
13    by the following formula:
14            (A) An organizational unit's Preliminary Resources
15        are determined by summing the Local Capacity Target
16        plus corporate personal property replacement taxes
17        plus the Base Funding Minimum. An organizational
18        unit's Preliminary Resource Ratio is the Preliminary
19        Organizational Resources divided by the Base Adequacy
20        Level.
21            (B) All organizational units shall be placed into
22        one of 4 funding tiers, with the exception that all
23        Tier 1 units are also included in Tier 2. Funding tiers
24        are defined as follows:
25                (i) Tier 1: All organizational units with an
26            organizational resource ratio of less than 0.60.

 

 

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1                (ii) Tier 2: All organizational units with an
2            organizational resource ratio of less than 0.90,
3            including Tier 1 units.
4                (iii) Tier 3: All organizational units with an
5            organizational resource ratio equal to or greater
6            than 0.90 and less than 1.0.
7                (iv) Tier 4: All organizational units with an
8            organizational resource ratio equal to or greater
9            than 1.0.
10            (C) Annual additional appropriations to fund this
11        Section in excess of prior fiscal year appropriations
12        are applied to funding tiers as follows:
13                (i) 33% to Tier 1. Tier 1 funding shall be
14            equal to the Tier 1 Funding Gap times the Tier 1
15            Funding Allocation Rate, where the Tier 1 Funding
16            Allocation Rate is determined by the total amount
17            of Tier 1 funding divided by the aggregate funding
18            gap for all Tier 1 organizational units and where
19            the Tier 1 Funding Gap equals (the Tier 1 Target
20            Ratio (0.60) times the Base Adequacy Level minus
21            Preliminary Resources). Should the Funding
22            Allocation Rate be higher than 1.0, then the rate
23            shall be adjusted to 1.0. In the event that all
24            organizational units achieve the Tier 1 Target
25            Ratio of 0.60, any remaining resources shall be
26            allocated to Tier 2.

 

 

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1                (ii) 66% to Tier 2. Tier 2 funding shall be
2            distributed to all Tier 1 and Tier 2 organizational
3            units using the following formula: the Tier 2
4            Funding Gap times the Tier 2 Allocation Rate, where
5            the Tier 2 Funding Gap equals (the Tier 2 Target
6            Ratio (0.90) times the Base Adequacy Level minus
7            (Preliminary Resources plus Tier 1 Funding) minus
8            the District Resource Ratio) times the Base
9            Adequacy Level times (1.0 minus the Local Capacity
10            Target percentage) and where the Tier 2 Allocation
11            Rate is Tier 2 Available Funding divided by the
12            Total Tier 2 and Tier 1 Funding Gap. Should the
13            Allocation Rate be higher than 1.0, then the rate
14            shall be adjusted to 1.0. Should the Tier 2 Funding
15            Allocation Rate be adjusted to 1.0, resources
16            shall be allocated to Tier 2 organizational units
17            on a per pupil basis until all units achieve the
18            Tier 2 Target Ratio of 0.90. In the event that all
19            organizational units achieve the Tier 2 Target
20            Ratio of 0.90, any remaining resources shall be
21            allocated to Tier 3 and Tier 4.
22                (iii) 0.9% to Tier 3 or additional excess
23            resources from Tier 2. Tier 3 funding shall be
24            determined by multiplying a Tier 3 Allocation Rate
25            by the Base Adequacy Level of each organizational
26            unit, where the Tier 3 Allocation Rate is equal to

 

 

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1            Total Tier 3 Available Funding divided by the Total
2            Tier 3 Adequacy Funding Target (the sum of all Base
3            Adequacy Levels for all Tier 3 organizational
4            units).
5                (iv) 0.1% to Tier 4. Tier 4 funding is based on
6            a Tier 4 Allocation Rate that is equal to Total
7            Tier 4 Available Funding divided by the Total Tier
8            4 Base Adequacy Level and times each
9            organizational unit's Base Adequacy Level.
10            (D) Alternative schools, safe schools, special
11        education cooperatives or entities recognized by the
12        State Board of Education as special education
13        cooperatives, vocational cooperatives or entities
14        recognized by the State Board of Education as
15        vocational cooperatives, State-approved charter
16        schools, and alternative learning opportunities
17        program funding entities that received general State
18        aid or categorical funding in the year prior to the
19        effective date of this amendatory Act of the 99th
20        General Assembly shall be placed in Tier 3, and their
21        Base Funding Minimum shall be defined as their Base
22        Adequacy Level. Should any entities recognized by the
23        State Board of Education secure future funding
24        directly from organizational units, the Base Funding
25        Minimum shall be transferred to the organizational
26        unit based on the prior year ASE of the entity.

 

 

09900HB0828ham001- 71 -LRB099 04648 MLM 49099 a

1    (d) All school districts in this State must submit annual
2spending plans by the end of September of each year to the
3State Board of Education as part of the annual budget process,
4which shall describe how each organizational unit will utilize
5funding it receives from this State under this Section. The
6State Superintendent of Education may, from time to time,
7identify the requisites for school districts to satisfy when
8compiling the annual spending plans required under this
9subsection (d).
10    No later than January 1, 2018, the State Superintendent of
11Education shall develop a 5-year strategic plan for all school
12districts to help in planning for adequacy funding under this
13Section. The State Superintendent shall submit the plan to the
14Governor and the General Assembly, as provided in Section 3.1
15of the General Assembly Organization Act. The plan shall
16include recommendations for:
17        (1) a framework for collaborative, professional,
18    innovative, and 21st century learning environments using
19    the evidence-based funding model;
20        (2) ways to prepare and support this State's educators
21    for successful instructional careers;
22        (3) application and enhancement of the current
23    financial accountability measures and the Illinois
24    Balanced Accountability Measures in relation to elements
25    of the evidence-based funding model; and
26        (4) implementation of an effective school adequacy

 

 

09900HB0828ham001- 72 -LRB099 04648 MLM 49099 a

1    funding system based on projected and recommended funding
2    levels from the General Assembly.
3    (e) The State Superintendent of Education shall calculate
4the Base Adequacy Level for each organizational unit and Net
5State Contribution Target for each school district under this
6Section. The State Superintendent shall also certify the actual
7amounts of the Net State Contribution Target payable for each
8eligible district based on the equitable distribution
9calculation to the district's treasurer, as soon as possible
10after such amounts are calculated, including any applicable
11adjusted charge-off increase. No moneys shall be distributed
12without the approval of the district's school board.
13    The State Board shall, in accordance with appropriations
14made by the General Assembly, meet the funding obligations
15created under this Section.
16    Annually, the State Board shall calculate and report to
17each school district the district's aggregate financial
18adequacy amount, which shall be the sum of the Base Adequacy
19Level for each organizational unit in the school district. The
20State Board shall calculate and report separately for each
21school district the district's total State funds allocated for
22its students with disabilities. The State Board shall calculate
23and report separately for each school district the amount of
24funding and applicable FTE calculated for each factor of the
25district's Base Adequacy Level amount under paragraph (2) of
26subsection (c) this Section.

 

 

09900HB0828ham001- 73 -LRB099 04648 MLM 49099 a

1    Moneys distributed under this Section shall be calculated
2on a school year basis, but paid on a fiscal year basis, with
3payments beginning in August and extending through June. Unless
4otherwise provided, the moneys appropriated for each fiscal
5year shall be distributed in 22 equal payments at least 2 times
6monthly to each school district. The State Board shall publish
7a yearly distribution schedule at its meeting in June. If
8moneys appropriated for any fiscal year are distributed other
9than monthly, the distribution shall be on the same basis for
10each school district.
11    School districts with average daily attendance above their
12ASE in a school year shall be reviewed by the State Board.
13School districts shall report to the State Board each fall and
14spring the students housed by the serving school. The fall
15official counts shall reflect students enrolled in the district
16on the 20th day of the school year and reported to the State
17Board's Student Information System no later than October 15th.
18The spring official counts shall reflect students enrolled in
19the district on the first Friday in March and reported to State
20Board's Student Information System no later than April 20th.
21    (f) A Professional Judgment Panel is created to support the
22State Board's implementation of this Section and oversee
23continual recalibration and future study topics. The Panel
24shall be appointed by the State Superintendent of Education,
25except as otherwise provided in this subsection (f), supported
26by State Board personnel, and comprised of geographically

 

 

09900HB0828ham001- 74 -LRB099 04648 MLM 49099 a

1diverse representatives from organizations representing
2superintendents, business officials, principals, school board
3members, regional superintendents of schools, independent
4school funding experts, whether from academics or from
5non-governmental organizations with recognized expertise in
6education funding, and teachers as follows:
7        (1) Two geographically diverse appointees that
8    represent district superintendents, recommended by
9    organizations that represent district superintendents.
10        (2) Two geographically diverse appointees that
11    represent school boards, recommended by organizations that
12    represent school boards.
13        (3) Two geographically diverse appointees that
14    represent school business officials, recommended by
15    organizations that represent school business officials.
16        (4) Two geographically diverse appointees that
17    represent school principals, recommended by organizations
18    that represent school principals.
19        (5) Two geographically diverse appointees that
20    represent teachers, recommended by organizations that
21    represent teachers.
22        (6) Two geographically diverse appointees that
23    represent teachers, recommended by another organization
24    that represents teachers.
25        (7) Two geographically diverse appointees that
26    represent regional superintendents of schools, recommended

 

 

09900HB0828ham001- 75 -LRB099 04648 MLM 49099 a

1    by organizations that represent regional superintendents.
2        (8) Two independent experts selected solely by the
3    State Superintendent.
4        (9) Two independent experts recommended by public
5    universities in this State.
6        (10) One member recommended by an organization that
7    represent parents.
8In addition to those Panel members appointed by the State
9Superintendent, 4 legislative liaisons shall be appointed, one
10by the Speaker of the House of Representatives, one by the
11President of the Senate, one by the Minority Leader of the
12House of Representatives, and one by the Minority Leader of the
13Senate.
14    The Professional Judgment Panel shall study and review the
15implementation and effect of the evidence-based funding model
16under this Section. On an annual basis, the State
17Superintendent of Education shall recalibrate the following
18per pupil elements of the Base Adequacy Level and applied to
19the formulas, based on the Panel's study of average expenses as
20reported in the most recent annual financial report:
21        (A) gifted under subdivision (M) of paragraph (2) of
22    subsection (c) of this Section;
23        (B) instructional materials under subdivision (O) of
24    paragraph (2) of subsection (c) of this Section;
25        (C) assessment under subdivision (P) of paragraph (2)
26    of subsection (c) of this Section;

 

 

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1        (D) student activities under subdivision (R) of
2    paragraph (2) of subsection (c) of this Section;
3        (E) maintenance and operations under subdivision (S)
4    of paragraph (2) of subsection (c) of this Section; and
5        (F) central office under subdivision (T) of paragraph
6    (2) of subsection (c) of this Section.
7    On a periodic basis, the Panel shall study all of the
8following elements and make recommendations to the General
9Assembly and the Governor for modification of this Section:
10        (i) Average salaries under subdivision (A) of
11    paragraph (3) of subsection (c) of this Section, to be
12    annually modified by the Bureau of Labor Statistics'
13    national Employment Cost Index for civilian workers in
14    educational services in elementary and secondary schools,
15    with a new study every 5 years.
16        (ii) The Comparable Wage Index under subdivision (C) of
17    paragraph (3) of subsection (c) of this Section, to be
18    studied by the Panel and reestablished by the State
19    Superintendent every 5 years.
20        (iii) Maintenance and operations. Within 5 years after
21    the implementation of this Section, the Panel shall make
22    recommendations for the further study of maintenance and
23    operations costs, including capital maintenance costs, and
24    recommend any additional reporting data required from
25    organizational units.
26        (iv) "At-risk student" definition. Within 5 years

 

 

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1    after the implementation of this Section, the Panel shall
2    make recommendations for the further study and
3    determination of an "at-risk student" definition to be
4    recommended for future consideration by the General
5    Assembly and the Governor.
6        (v) Benefits, to be studied within 5 years after the
7    implementation of this Section.
8        (vi) Technology. The per pupil target for technology
9    shall be reviewed every 3 years to determine whether
10    current allocations are sufficient to develop 21st century
11    learning in all classrooms in this State. Recommendations
12    shall be made to the General Assembly and the Governor no
13    later than 3 years after the implementation of this
14    Section.
15        (vii) Base Funding Minimum. Per paragraph (6) of
16    subsection (c) of this Section, a review of the Base
17    Funding Minimum shall be made, and recommendations for
18    continuance or modification of the Base Funding Minimum
19    shall be made to the General Assembly and the Governor
20    within 5 years after the implementation of this Section.
21        (viii) Local Capacity Target. Within 3 years after the
22    implementation of this Section, the Panel shall make
23    recommendations for any additional data desired to analyze
24    possible modifications to the Local Capacity Target, to be
25    based on measures in addition to solely EAV and to be
26    completed within 5 years after implementation of this

 

 

09900HB0828ham001- 78 -LRB099 04648 MLM 49099 a

1    Section.
2        (ix) Funding for alternative schools, laboratory
3    schools, safe schools, and alternative learning
4    opportunity programs. Within 3 years after the
5    implementation of this Section, the Panel shall study and
6    make recommendations to the General Assembly and the
7    Governor regarding the funding levels for alternative
8    schools, laboratory schools, safe schools, and alternative
9    learning opportunity programs in this State.
 
10    Section 99. Effective date. This Act takes effect July 1,
112017.".